Terms of Use for Third-Party Digital Wallets
These Terms of Use for Third-Party Digital Wallets (this “Agreement”) are a legal agreement between you (i.e., the user) and Capital One Bank (Canada Branch), an authorized foreign bank branch with offices at 161 Bay Street, 18th Floor, Toronto, ON M5J 2S1. The terms “Capital One”, “we”, “us”, and “our” in this Agreement refer to Capital One Bank (Canada Branch) and its affiliates, and the terms “you” and “your” refer to you, the user.
This Agreement applies when a Card is enabled in a Digital Wallet or a Card is used with a Digital Wallet, including to complete any Transactions. It contains important information about your rights and responsibilities, so please read it carefully.
Any agreements between you and Capital One that govern your Card and the Account will continue to apply to the use of your Card and Account with the Digital Wallet, including the Cardholder Agreement and the Capital One Privacy Policy, as amended or replaced from time to time. All references to your Card in the Cardholder Agreement include your Card as enabled in the Digital Wallet. Nothing under this Agreement changes your responsibilities under the Cardholder Agreement.
Applicable to Quebec residents only: You have requested to have the Agreement provided to you in English. For compliance with French language requirements applicable in the Province of Quebec, the French version of the Agreement appears below the English version.
By selecting the button to accept or agree to this Agreement, or by enabling or using your Card with the Digital Wallet, you acknowledge having read and agreed to this Agreement. If you do not accept the terms of this Agreement, you may not use your Card with the Digital Wallet. If an Authorized User uses their Card with the Digital Wallet, the Accountholder will be deemed to have accepted the terms of this Agreement as well.
1. Definitions
To help us understand each other better, here are some definitions to terms used throughout this Agreement:
Access Information means any username, password, passcode, personal identification number, fingerprint, and any other security, biometric, login or access information associated with your Device, your Card, the Account, or the Digital Wallet.
Account means the credit card account the Accountholder holds with Capital One and for which one or more Cards have been issued.
Accountholder means the person in whose name the Account has been established, and who is responsible for the Account.
Authorized User means a person who has been issued a Card on the Account at the Accountholder’s request, excluding the Accountholder themselves.
Card means a physical credit card issued to you by Capital One on the Account, including a card issued to an Authorized User.
Cardholder Agreement means the cardholder agreement that governs your Card and the Account, issued to the Accountholder when the Account was opened, as amended from time to time. It’s sometimes referred to as a ‘Customer Agreement’.
Device means an eligible mobile device or other device that’s used to enable and use your Card or the Account with the Digital Wallet.
Digital Wallet means an online, digital, virtual, or other electronic wallet offered by the Wallet Provider through which you may enable and use your Card or the Account to make Transactions.
Good Standing means not past due, over the credit limit, fraudulent, restricted, part of a consumer credit counselling program or bankruptcy, and not in violation of the Cardholder Agreement.
Wallet Provider means the third-party service provider that offers, administers, and supports the Digital Wallet, including the features, functionality, and services available or provided through the Digital Wallet. It may or may not be the manufacturer of your Device, or the developer of the operating system that runs on your Device.
Transaction means any purchase or other transaction made with your Card on the Account, including transactions made by an Authorized User.
2. Privacy
By enabling and using your Card with the Digital Wallet, you’re providing your consent to the collection, use, and disclosure of personal information about you, including information related to the Account, your use of your Card, and your use of the Digital Wallet, in accordance with the Capital One Privacy Policy available online at capitalone.ca/privacy. Your information may be collected, used, and disclosed for the following purposes:
- to verify your identity and authenticate your Card;
- to detect and prevent unauthorized access and fraud;
- to facilitate any Transactions you make while using your Card with the Digital Wallet;
- to make information about the Account and recent Transactions available to you in the Digital Wallet;
- to evaluate and make improvements to Capital One and third-party products and services, including the Digital Wallet;
- to inform you of marketing offers and promotions that may be of interest to you, based on your use of the Digital Wallet; and
- as otherwise set out under our Privacy Policy.
You can opt out of the use of your personal information for marketing offers and promotions by following the instructions set out in the Privacy Policy, or by using the unsubscribe mechanism set out in any of our marketing emails.
Your consent includes the disclosure and exchange of your personal information with third parties (including the Wallet Provider and the payment network operator for your Card) for the purposes set out above.
When you enable and use your Card with the Digital Wallet, you may also provide your personal information, including information about Transactions you make with your Card with the Digital Wallet, to the Wallet Provider and to other third parties. Information you provide to a third party is governed by their security and privacy policies, and is not subject to the Capital One Privacy Policy. Capital One is not responsible for the safety and security of information you provide to a third party.
3. Responsibility for the Digital Wallet
The Digital Wallet is provided by the Wallet Provider, and the Wallet Provider is solely responsible for access to, use, and functionality of the Digital Wallet. The Wallet Provider may require you to enter into a separate agreement in order to enable or use your Card with the Digital Wallet. It is your responsibility to review any such agreement, and to comply with its terms. You may not enable or use your Card with the Digital Wallet if, by doing so, you would be in violation of any agreements with any third parties.
We are not responsible for the Digital Wallet, including any failure of the Digital Wallet or inability to access or use the Digital Wallet. We are also not responsible for any damages, injuries, or losses you may suffer as a result of any failure of the Digital Wallet, including inability to access or use the Digital Wallet or any merchant’s refusal to accept the Digital Wallet for any Transaction. We are not responsible for the security of any information provided to the Wallet Provider or any other third party in connection with the Digital Wallet, whether or not this information was provided by you, the Wallet Provider, the payment network applicable to your Card, or any other third party. We aren’t responsible if there is a security breach affecting any information collected, stored, or sent in connection with the Digital Wallet.
The Accountholder is responsible for any and all Transactions made on the Account through the Digital Wallet, including Transactions made by an Authorized User or anyone you have permitted to use your Card with the Digital Wallet. Any interest, fees, and other charges applicable to Transactions made on the Account will continue to apply, as set out in the Cardholder Agreement. This includes any Transactions entered into using your Card with the Digital Wallet should you fail to comply with the obligations set out under the sections entitled ‘Access Information Security’ and ‘Disposing of your Device’ below, until such time as you notify us as required under those sections and under the Cardholder Agreement.
5. Enabling Your Card
To enable your Card in the Digital Wallet, you must follow the processes and procedures adopted and set out by the Wallet Provider within the Digital Wallet, as well as any additional procedures we may require.
We may restrict your ability to enable your Card in the Digital Wallet if (a) you haven’t activated your Card, (b) we’re unable to verify your identity or authenticate your Card, (c) the Account is not in Good Standing, or (d) the Account or your Card is otherwise ineligible for mobile payments due to fraud or other reasons, as determined by Capital One in our sole discretion.
6. Fees & Charges
We will not charge you any additional fees for enabling or using your Card in the Digital Wallet; however, the Wallet Provider, your telecommunications provider, or other third parties may charge you service fees or other charges in connection with your use of the Digital Wallet or your Device. Capital One is not responsible for these service fees or charges.
7. Notices
By enabling your Card in the Digital Wallet, you consent to receive electronic communications from us related to its use, including emails, text messages, push notifications, or other messages to your Device or to the contact points designated on the Account. You agree to keep these contact points up to date. If you do not wish to receive these communications, you must remove your Card from the Digital Wallet.
8. Transaction Limits
Without limitation to any of our other rights under this Agreement and the Cardholder Agreement, we may set aggregate or individual limits on the dollar amount, frequency, or number of Transactions you may complete during any specified time period using your Card with the Digital Wallet. These limits may be modified by us at any time without notice to you. In addition, certain merchants, payment networks, or the Wallet Provider may set their own Transaction limits separate from those we establish. We are not responsible if you are not able to complete any Transactions using the Digital Wallet due to limitations set by us or any third party.
9. Replacement Cards
If we issue you a new Card or replacement Card because you’ve reported your Card as lost or stolen, or because your Card has expired, you may continue to be able to access the Account and make Transactions on the Account using the Digital Wallet, even if you have not yet received or activated your new Card. We may, but are not obligated to, update the Digital Wallet with your new Card’s information (including Card number, CVV number, and expiry date) immediately upon issuance of your new Card. You authorize and consent to us disclosing this information to the Wallet Provider for these purposes.
10. Suspending or Removing Your Card
We may restrict, suspend, or disable your ability to use your Card with the Digital Wallet at any time without notice to you. We can do this for any reason, including if you fail to comply with this Agreement or the Cardholder Agreement, if there is a change in applicable law, if the Account is not in Good Standing, or if we suspect fraud on the Account. The Wallet Provider may restrict, suspend, or disable your ability to use or access the Digital Wallet or any part thereof in accordance with its own terms and policies. We have no ability to control, and are not responsible for, the Wallet Provider’s decision to restrict, suspend, or disable your ability to access or use the Digital Wallet.
You may suspend or remove your Card from use with the Digital Wallet at any time by following the procedures set out in the Digital Wallet, by removing the Digital Wallet from your Device, or by contacting Capital One in the manner described in the section entitled ‘Getting in Touch’ below. Suspending or removing your Card from the Digital Wallet will not affect the processing of any Transactions authorized prior to such suspension or removal (including any recurring Transactions), the status of the Account, or your obligations under the Cardholder Agreement, including the Accountholder’s liability for any Transactions made on the Account.
11. Access Information Security
You agree to keep your Access Information secure and confidential. We reserve the right to disable, terminate, or suspend your ability to use your Card with the Digital Wallet if we suspect or determine, in our sole discretion, that any of your Access Information has been compromised or that anyone has gained unauthorized access to the Account or the Digital Wallet using your Device or any other means. In addition, you will:
- keep possession of your Device;
- protect your Device as you would a credit card or debit card and secure your Device using Access Information known or accessible only to you;
- keep the contact information associated with the Account current and update it as it changes;
- refrain from using Access Information that may be easily determined by others, such as birthdays, phone numbers, age, or social insurance numbers;
- refrain from storing any Access Information on your Device or on an item kept with your Device;
- take all reasonable precautions to ensure no one finds out your Access Information, including when you input Access Information to access your Device or the Account;
- change your Access Information if you believe its security has been compromised; and
- not share your Access Information with anyone else or handle your Access Information in a way that allows someone else to use it without your permission.
You must immediately report to us any actual or suspected breach of security regarding the Digital Wallet, or the theft, loss, or unauthorized use of your Device or Access Information that could result in unauthorized use of your Card with the Digital Wallet. You will also assist Capital One in the event of a fraud investigation and comply with any fraud prevention measures Capital One establishes. The unauthorized use of your Device or Access Information will be handled in accordance with the “Lost/stolen Cards and unauthorized use of your Account” provisions set out in your Cardholder Agreement.
12. Disposing of Your Device
You must remove your Card from the Digital Wallet, or delete the Digital Wallet prior to selling, giving away, or otherwise disposing of your Device. The Accountholder will continue to be responsible for any Transactions occurring on the Account through the Digital Wallet, and any interest, fees, or other charges associated with such Transactions, until such time as your Card is removed from the Digital Wallet. If you discover you have disposed of your Device without complying with the foregoing, you must notify Capital One immediately using the contact information in the section entitled ‘Getting in Touch’ below.
13. Disclaimer of Warranty & Limitation of Liability
CAPITAL ONE IS NOT RESPONSIBLE FOR THE DIGITAL WALLET. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DIGITAL WALLET IS AT YOUR SOLE RISK, AND CAPITAL ONE IS NOT RESPONSIBLE FOR THE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT. WITH REGARD TO THE DIGITAL WALLET, CAPITAL ONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY OR IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE AND RELATED WARRANTIES AND REPRESENTATIONS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CAPITAL ONE IS NOT RESPONSIBLE FOR ANY ERRORS, DELAYS OR INTERRUPTIONS IN THE TRANSMISSION OF DATA BETWEEN THE DIGITAL WALLET AND THE CAPITAL ONE MOBILE APPLICATION DURING THE AUTHENTICATION PROCESS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAPITAL ONE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE DIGITAL WALLET PROVE DEFECTIVE, CAPITAL ONE ASSUMES NO LIABILITY FOR THE COSTS OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL CAPITAL ONE, OUR AFFILIATES AND SUBSIDIARIES, AND ANY OF OURS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL, STATUTORY, OR OTHER TYPES OF DAMAGES) WHATSOEVER ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, OR YOUR USE OR INABILITY TO USE THE DIGITAL WALLET. THIS SECTION ‘DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY’ WILL APPLY TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FUNDAMENTAL BREACH, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF CAPITAL ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND EVEN IF SUCH DAMAGES WERE FORESEEABLE.
This section will survive any suspension, termination, or cancellation of this Agreement or discontinuance of your use of or ability to use your Card with the Digital Wallet.
14. Other Terms & Conditions
This Agreement is in addition to and does not amend or replace any other terms or agreements that apply to your use of Capital One products or services, including Capital One’s Online Banking Terms & Conditions, the Capital One Privacy Policy, and the Cardholder Agreement applicable to your Card and the Account. If there’s a conflict between any other terms or agreements applicable to other Capital One services you use and this Agreement, this Agreement will prevail in connection with the use of your Card and the Account with the Digital Wallet to the extent necessary to resolve the conflict.
15. Modifying This Agreement
At our sole discretion, we can change any section in this Agreement, including changes:
- to the definitions used throughout this Agreement;
- to the collection, use, and disclosure of your personal information;
- to the responsibilities regarding the Digital Wallet, the Wallet Provider, and other third parties;
- to the rules governing Authorized Users and their use of the Digital Wallet;
- to the eligibility requirements and processes for enabling your Card;
- to fees, charges, and Transaction limits;
- to the manner in which we provide you with notices and electronic communications;
- to the rules surrounding replacement Cards, and the suspension or removal of your Card;
- to your obligations regarding Access Information security, fraud prevention, and disposing of your Device;
- to the disclaimers of warranty and limitations of liability;
- to the governing law, dispute resolution, and language of this Agreement;
- to the amendment, assignment, or termination of this Agreement;
- to the management of complaints, contact information, or other administrative processes.
Where required by law, we’ll provide you with notice of any change in writing (which may be provided electronically or through the Digital Wallet) at least 30 days before the change takes effect. Our notice will specify the date the change takes effect and will provide the old section and the newly amended section or just the newly amended section.
Your continued use of your Card with the Digital Wallet after we make the change(s) means that you understand and agree to such change(s).
You can always refuse to accept a change by discontinuing your use of your Card with the Digital Wallet and immediately removing your Card from the Digital Wallet before the change takes effect. Where required by law, our notice will indicate that you can cancel this Agreement without cost or penalty and refuse the change up to 30 days after the change takes effect by removing your Card from the Digital Wallet. However, the change(s) will apply during that 30-day period.
16. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the province or territory in which you reside (or the laws of the Province of Ontario if you reside outside of Canada) and the federal laws of Canada applicable therein without regard to any choice of law principles that might provide for application of a different jurisdiction’s law. You and Capital One agree that any and all disputes arising out of or relating in any way to the Agreement shall be subject to the exclusive jurisdiction of the courts of the province or territory in which you reside (or the courts of the City of Toronto, Ontario, if you reside outside of Canada) and you and Capital One consent to the jurisdiction of such courts.
17. Language (Applicable to Quebec residents only)
It is the express wish of the parties that this Agreement and all related documents be drawn up in English.
18. Severability
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect.
19. Getting in Touch
If you need any help using your Card with the Digital Wallet, or if you have any related questions, complaints, or claims, you can contact us online at capitalone.ca/contact-us or by phone at 1-800-481-3239.
If you have any questions, complaints, or claims regarding the Digital Wallet, please contact the Wallet Provider directly.
