1. Apple Pay Terms and Conditions
Introduction
These Terms and Conditions (“Terms”) govern your use of Apple Pay with your eligible Highpoint Community Bank debit card when you add, attempt to add, or keep a debit card in the Apple Pay wallet (“Wallet”) on any iPhone, iPad, or other mobile device (“Device”) that supports Wallet. By adding your Card to Apple Pay, you agree to these Terms, as well as the existing agreements governing your Card account.
Relationship to Apple
The Apple Pay service is a service offered exclusively by Apple using eligible Apple devices. Highpoint Community Bank 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. Highpoint Community Bank is not responsible for any information or other services provided to you by Apple or any other third parties associated with 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.
Relationships to Other Agreements
Your enrollment into the Apple Pay service does not impact any other agreement Highpoint Community Bank may 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 you use the Apple Pay service or not. Any transaction made with an enrolled Highpoint Community Bank debit card using the Apple Pay service will be considered the same as if you had used your debit card in person to conduct the transaction. All applicable fees will apply per the terms of your cardholder agreement with Highpoint Community Bank.
Eligibility
For us to authorize the use of a Highpoint Community Bank debit card within the Apple Pay service, your debit card and the underlying account must be in good standing. You also must not be restricted from using Apple Pay based upon any limitations imposed by Apple, your wireless service provider, and/or any third-party associated with Apple Pay.
You are required to have an eligible Apple device to use Apple Pay. 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 or otherwise modified may not be eligible to use Apple Pay.
You acknowledge that use of an ineligible device with the Apple Pay service is expressly prohibited, constitutes a breach of these Terms of Use, and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Card in the Apple Pay service. We are not liable to you for any third-party effects due to the result of such termination or suspension.
For a complete list of eligible devices that support Apple Pay, please see: eligible devices.
Account Eligibility
Apple currently supports standard consumer debit cards for use within the Apple Pay service. Debit cards that access business accounts or Health Savings Accounts are not eligible. For Highpoint Community Bank to authorize the use of an HCB debit card within the Apple Pay service, your debit card and the underlying account must meet the above requirements.
The availability and terms of your Highpoint Community Bank account relationship(s) with HCB is not conditioned upon your enrollment in the Apple Pay service.
Adding Your Card to Apple Pay
You may add your eligible HCB card to Apple Pay by following the verification process provided by the Apple Pay service. Highpoint community bank may require additional verification steps and may decline to add your HCB debit card at our discretion. You are responsible for ensuring that all information provided during set-up of the Apple Pay service is accurate.
Merchant Acceptance
Apple pay may not be accepted at all merchants or locations. Highpoint Community Bank is not responsible for merchant acceptance or transaction limitations imposed by merchants.
Fees
Highpoint Community Bank does not charge any additional fees for the use of the Apple Pay service. Please review your Highpoint Community Bank Electronic Fund Transfer Disclosure and Agreement for any applicable fees associated with your HCB 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 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.
Suspension of Debit Card
We may block, suspend, or cancel use of your Highpoint Community Bank debit card withing the Apple Pay 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.
You may remove your card from the Apple Pay service at any time through your device settings.
Electronic Contact
You agree to receive electronic communications from us, including emails to the email address you have provided in connection with the underlying account on your debit card. These electronic communications will relate to your use of the Apple Pay service.
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 Apple Pay 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 and MasterCard, will have access to certain details regarding eligible debit transactions made using the Apple Pay service.
You understand that information that is provided to or held by Apple or other third parties in relation to the Apple Pay service is outside the control of Highpoint Community Bank. 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 Highpoint Community Bank privacy policy applicable to your debit card or the underlying account.
Indemnity
You agree to indemnify, defend, and hold Highpoint Community Bank 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 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.
Your Responsibilities
A. Payment 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 Payment Card is accepted.
B. Report Lost or Stolen Devices or Payment Cards
If you enroll in Apple 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 Apple Pay 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 Apple Pay service or not.
C. Security
You are solely responsible for maintaining the confidentiality of your Apple User ID, Apple passwords, device passwords and any other means that you may use to securely access Apple Pay on your device. If you share these credentials with anyone, that person may be able to use your Wallet to make purchase or obtain access to your personal and payment information available through the Apple Payment Service. You agree to safeguard your device at all times and not leave it unattended.
D. 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 Apple Pay Service. You represent and agree that all information you provide to us in connection with the Apple Pay Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Apple Pay Service. You agree not to misrepresent your identity or your account information. You agree to keep your account information confidential, up to date and accurate. You represent that you are an authorized user of the Device you will use to access the Apple Pay Service.
Changes to These Terms
Highpoint Community Bank may update these Terms at any time. Continued use of the Apple Pay service after changes take effect constitutes acceptance of the updated Terms.
Governing Law
These Terms are governed by the laws applicable to your Cardholder Agreement.