Terms and Conditions for Digital Wallets

Digital Wallet Terms and Conditions for North East Texas Credit Union
These Terms and Conditions govern your use of eligible debit or credit cards issued by North East Texas Credit Union (each, a “Debit Card”) when you add, attempt to add, or keep a Debit Card in the Apple Pay™, Android Pay™, or Samsung Pay™ wallet (“Wallet”) on any iPhone®, iPad®, or other mobile device (“Device”) that supports digital wallets.
 
These Terms and Conditions also represent your agreement with North East Texas Credit Union (“NETCU”) regarding the use of your eligible debit or credit card account with the digital wallet service. Within these Terms, “you”, “your”, or “user” refer to the member whose name is located on the Debit Card or any authorized user of the Debit Card. “NETCU”, “we”, “our”, or “us” refer to NETCU.
 
I. Apple Pay & Mobile Wallet Service
Apple Pay™, Android Pay™, or Samsung Pay™ are available for the purpose of purchasing goods and services using a compatible wireless mobile phone or device with merchants who accept them as a form of payment. Apple Pay™, Android Pay™, and Samsung Pay™ enable you to create and store virtual representations of your eligible NETCU debit or credit cards and add account information on your supported device creating a mobile Wallet that will permit you to use your Wallet to authorize and make payments at merchant’s point of sale terminals or readers without your plastic Debit Card. Your Wallet may not be accepted at all places where your Debit Card is accepted. The purchase transactions with your Debit Card as a Wallet will still be governed by your Summit Debit Card Agreements. Apple Terms & Conditions for the Service describe your rights and obligations regarding the Service.
 
II. Relationship to Apple
The Apple Pay service is a service offered exclusively by Apple using eligible Apple devices. NETCU does not own, operate, or control Apple Pay (including the Wallet), and is not responsible for any service provided to you by Apple or by any third party engaged by Apple. We likewise are not responsible for any information or other services provided to you by Apple or any other third parties associated with the Apple Pay service. We are not liable for any failure or performance of the Apple Pay service.
 
You understand that your use of the Apple Pay service will also be subject to agreements or terms of use with Apple Inc. or other parties. Apple and Apple Pay are registered trademarks of Apple Inc.
 
III. Relationships to Other Agreements
Your enrollment into the Apple Pay™, Android Pay™, or Samsung Pay™ service does not impact any other agreement we have with you. The terms of use for your Debit Card which were provided to you at account opening and amended from time to time remain in full force and effect regardless of whether or not you use the Apple Pay™, Android Pay™, or Samsung Pay™ service. Your cardholder agreements with us contain arbitration provisions which also apply to your use of your Debit Card through the Apple Pay™, Android Pay™, or Samsung Pay™ service. For the avoidance of confusion, any transaction you make with your enrolled NETCU Debit Card using the Apple Pay™, Android Pay™, or Samsung Pay™ service will be considered the same as if you had used your Debit Card in person to conduct the transaction and all applicable fees and interest (in the event of an enrolled credit card) will apply per the terms of your cardholder agreement with us.
 
IV. Eligibility
In order for us to authorize your use of your NETCU issued Debit Card within the Apple Pay™, Android Pay™, or Samsung Pay™ service, your Debit Card and the underlying account must be in good standing and you must not be restricted from using Apple Pay™, Android Pay™, or Samsung Pay™ based upon any limitations imposed by Apple, your wireless service provider, and / or any third party associated with Apple Pay.
 
V. Device Eligibility
You are required to have an eligible device in order to use this service. Apple, at its sole discretion, determines which Apple devices are eligible to be used with the Apple Pay service. Devices which have been unlocked in an unauthorized fashion (“jail-broken”) or otherwise modified are not eligible to use Apple Pay.
 
You acknowledge that use of an ineligible mobile device with the Apple Pay service is expressly prohibited, constitutes a breach of these Terms and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Debit Card in the Apple Pay service. We are not liable to you for the effects (third party or otherwise) of such termination or suspension.
For a complete list of eligible devices that support Apple Pay, please see: https://www.apple.com/apple-pay/ 
 
VI. Fees
We do not charge any fees for using the digital wallet service. Please review your NETCU account agreement for any applicable fees, interests, or other charges associated with your Debit Card.
 
You are responsible for any fees or other charges that your wireless carrier, Apple, or other third parties may impose.
 
We reserve the right to institute charges for account access or for additional transactions or features in the future, but only after written and/or electronic notification to you at least 30 days in advance of the date such charges will take effect.
 
VII. Suspension of Debit Card
We may block, suspend, or cancel use of your NETCU issued Debit Card within the digital wallet Service. We may take these actions at any time and for any reason, such as if we suspect fraud with your Debit Card, your Device becomes lost or stolen, or if applicable laws change.
 
VIII. Electronic Contact
You agree to receive electronic communications from us, including emails to the email address you have provided in connection with your Debit Card account. These electronic communications will relate to your use of the digital wallet Service.
 
You agree to update your email address promptly when it changes by contacting us.
 
IX. Data Privacy
You agree that we may collect, transmit, store, and use certain information about you and your use of your Debit Card in the digital wallet Service. The transmission, storage, and usage of this data are governed by the privacy policy applicable to your Debit Card or the underlying account.
 
You understand and acknowledge that third parties, such as Apple, Samsung, Google, and MasterCard, will have access to certain details regarding eligible Debit Card transactions made using the digital wallet service.
 
You understand that information that is provided to or held by third parties in relation to the digital wallet service is outside the control of NETCU. Any information you disclose to Apple or any other third party is subject solely to their security policies and governed by their respective privacy policies and not the NETCU privacy policy applicable to your Debit Card or the underlying account.
 
X. Indemnity
You agree to indemnify, defend, and hold NETCU harmless from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of your use of the Apple Pay™, Android Pay™, or Samsung Pay™ Service, any negligent or intentional action or inaction, and/or any breach of the Terms and Conditions of this Agreement. You agree that this paragraph shall survive the termination of this Agreement for any reason
 
XI. Your Responsibilities
  1. Debit Card enrollment in the Wallet
    If you want to add a Debit Card to the Wallet, you agree to follow the procedures adopted by Apple and any further procedures we adopt. We may not add a Debit Card to the Wallet if we cannot authenticate the Debit Card or if we otherwise suspect that there may be fraud associated with the Debit Card. The Wallet allows you to make purchases using an added Debit Card wherever the Wallet is accepted. The Wallet may not be accepted at all places where your Debit Card is accepted.
  2. Report Lost or Stolen Devices or Debit Cards
    If you enroll in Apple Pay™, Android Pay™, or Samsung Pay™ and your device is lost or stolen, or you have reason to believe that your device has been compromised, including that of your fingerprint reader, PIN, or other security device, you agree to contact us immediately so that we can take action to disable your Debit Card for use within the digital wallet service. Given that your device can be used like a Debit Card to make purchases, you must notify us in the event your device is lost or stolen with the same urgency as if your actual Debit Card is lost or stolen. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your Debit Card whether that use was through the digital wallet service or not.
  3. Security
    You are solely responsible for maintaining the confidentiality of your User ID, passwords, device passwords and any other means that you may use to securely access the digital wallet on your device. If you share these credentials with anyone, that person may be able to use your Wallet to make purchases or obtain access to your personal and payment information.

    You agree to safeguard your device at all times and not leave it unattended.
  4. Account Ownership/Accurate Information
    You represent that you are the legal owner of the account(s) and other financial information which may be accessed via the digital wallet Service. You represent and agree that all information you provide to us in connection with the digital wallet service is accurate, current and complete. You agree not to misrepresent your identity or your account information. You agree to keep your account information confidential, current and accurate. You represent that you are an authorized user of the Device you will use to access the digital wallet service.
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