1. Using a Payment Card in the Wallet. If you want to add a Payment Card to the Wallet, you must follow the procedures adopted by Apple and any further procedures we adopt. You understand that not all Payment Cards are eligible to be added to the Wallet. We may not add a Payment Card to the Wallet if we cannot authenticate the Payment Card or if we otherwise suspect that there may be fraud associated with the Payment Card. The Wallet allows you to make purchases using an added Payment Card wherever the Wallet is accepted. The Wallet may not be accepted at all places where your Payment Card is accepted.
2. Security of the Wallet. In addition to your efforts to keep your credentials secure, we take reasonable steps to help ensure that information we send to others from your use of a Payment Card in the Wallet is sent in a secure manner. However, Apple is responsible for the security of information provided to Apple or stored in the Wallet.
3. Eastern Bank is NOT responsible for the Use or Function of the Wallet. Apple is the provider of the Wallet and solely responsible for its use and function. We are only responsible for the Payment Card. You should contact Apple’s customer service if you have questions concerning how to use the Wallet or problems with the Wallet. We are not responsible for any failure of the Wallet or your inability to use a Wallet for any transaction. We are also not responsible for any loss, injury or inconvenience you suffer as a result of a merchant refusing to accept the Wallet.
4. We Can Block, Suspend, or Cancel Your Use of a Payment Card. We can block you from adding an otherwise eligible Payment Card to the Wallet, suspend your ability to use a Payment Card to make purchases using the Wallet, or cancel entirely your ability to continue to use a Payment Card in the Wallet. We may take these actions at any time and for any reason, such as if we suspect fraud with your Payment Card, if you have an overdue or negative balance on your Payment Card account, or if applicable laws change. You may remove a Payment Card from the Wallet by following Apple's procedures for removal.
6. Your Responsibilities to Keep Your Payment Card Secure and Notify Us of Errors or Fraud. You agree to protect and keep confidential your Apple User ID, Apple passwords, and all other information required for you to make purchases with your Payment Card using the Wallet. If you share these credentials with others, they may be able to access your Wallet and make purchases with your Payment Card or obtain your personal information. Your Account Agreement requires you to contact us promptly if you believe there are errors or if you suspect fraud with your Payment Card. We will resolve any potential error or fraudulent purchase in accordance with the Account Agreement. We will not be liable for any losses you incur except as specifically described in the Account Agreement or as otherwise provided by law.
7. Lost, Stolen or Unauthorized Use of your Mobile Device. Call us immediately at 1-855-585-8329 if you believe your Mobile Device or your credentials have been lost or stolen or someone has used or may use your Mobile Device or your credentials without your authorization. Also change your credentials immediately to avoid any unauthorized use of a Payment Card or of your personal information. If you get a new Mobile Device, please be sure to delete all your Payment Cards and other personal information from your prior Mobile Device
8. Our Commitment to Your Privacy. We are committed to respecting the privacy of your information and we will not share your information in a manner that is inconsistent with our Privacy Notice.
9. Use of Your Information. Apple may use your information for different purposes, so please review carefully the portion of Apple’s iOS Software License Agreement relating to how Apple uses your information. You agree that we may exchange information about you with Apple and the applicable card network (such as Mastercard, Maestro or NYCE) to facilitate any purchase you initiate using a Payment Card. We may also share your information to make information available to you in the Wallet about your Payment Card transactions, or to assist Apple in improving the Wallet. By provisioning your Payment Card to the Wallet, you are changing your information use and sharing choices to allow all such sharing.
10. Merchant Relationships and Disclaimers. Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) (“Offers”) in the Wallet. Such Offers are subject to certain additional terms and conditions and may change at any time without notice to you. We will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Subject to applicable law and your deposit account agreement, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through the Wallet or the Offers that they provide.
11. Applicable Fees. We currently do not charge you any fees for adding a Payment Card to the Wallet. However, we reserve the right to impose a fee in the future. Please consult your Account Agreement or Fee Schedule for any applicable fees, interest, or other charges associated with your Payment Card. In addition, Apple or other third parties, such as wireless companies or data service providers, may charge you service fees in connection with your use of your Mobile Device or the Wallet.
12. Transaction History. You agree and acknowledge that the transaction history displayed in the Wallet in connection with use of your Payment Card in the Wallet solely represents our authorization of your Wallet transaction and does not reflect any post-authorization activity, including but not limited to clearing, settlement, foreign currency, exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for your Wallet transaction history in connection with use of your Payment Card in the Wallet may not match the transaction amount that ultimately clears, settles, and posts to your Payment Card billing statement.
13. You Agree to Allow Us to Contact You Electronically. You agree to receive electronic communications from us, including emails to the email address you have provided in connection with your Payment Card account. These electronic communications will relate to your use of the Payment Card in the Wallet. You agree to update your email address when it changes by contacting us using the contact information in your Account Agreement.
14. We May Change these Terms at Any Time. We may change these Terms at any time, by changing these Terms or your Account Agreement, and we will provide advance notice of these changes if we are required to do so under applicable laws. You agree to any such changes by continuing to keep a Payment Card in the Wallet. The date of the most recent change to these Terms is shown at the top of these Terms.
15. Questions. If you have any questions, disputes, or complaints about the Wallet, you should contact Apple. If you have any questions, disputes, or complaints about your Payment Card, you should contact us at 1-855-585-8329.
16. Disclaimers of Warranty. Apple Pay is provided by Apple and without warranty from us. You acknowledge and agree that from time to time, your use of your Payment Card in connection with Apple Pay may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we nor our affiliates will be liable for any claim arising from or related to use of your Payment Card through Apple Pay due to such delay, interruption, disruption or similar failure. You acknowledge that we are not party to the terms and conditions for Apple Pay between you and Apple and we do not own and are not responsible for Apple Pay. We are not providing any warranty for Apple Pay. We are not responsible for maintenance or other support services for Apple Pay and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to Apple Pay, including, without limitation, any third party product liability claims, claims that Apple Pay fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of Apple Pay, including those pertaining to Intellectual Property Rights, must be directed to Apple. We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Mobile Device. You are responsible for the selection of a Mobile Device and for all issues relating to the operation, performance and costs associated with such Mobile Device.
17. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PROCESSORS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF APPLE PAY, INCLUDING YOUR USE OF YOUR PAYMENT CARD IN CONNECTION WITH APPLE PAY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR PAYMENT CARD IN APPLE PAY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PROCESSORS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF APPLE PAY, INCLUDING YOUR USE OF YOUR PAYMENT CARD IN CONNECTION WITH APPLE PAY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM APPLE PAY; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH APPLE PAY BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH APPLE PAY; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT OF A CONFLICT BETWEEN APPLICABLE LAW AND THIS CONTRACT, APPLICABLE LAW SHALL APPLY.
18. Indemnity. You will indemnify, defend, and hold us harmless (and our employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgements, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceedings instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms, including any violation of our policies; (b) your wrongful or improper use of Apple Pay, including willful misconduct or fraud; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any other party’s access or use of Apple Pay with your Touch ID or other appropriate security code.
19. Representation and Warranty. You represent and warrant to use that: (i) to the extent you identified a name at registration, the name identified by you when you registered your Payment Card to be added to Apple Pay is your name; (ii) the Payment Card you added to Apple Pay is your debit card; (iii) you have the authority to authorize the receipt of notices, calls and text messages from Eastern Bank at the phone number you provide; (iv) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax laws and regulations; (v) you will not use your Payment Card through Apple Pay for any fraudulent undertaking or in any manner so as to interfere with the operations of Apple Pay; and (vi) your use of your Payment Card in connection with Apple Pay will comply with these Terms.
20. Governing Law. The same laws that govern your account relationship with Eastern Bank, as explained in your Account Agreement, shall govern these Terms.
21. Document Date: May 1, 2015.