PNC
BANK TERMS OF USE FOR PNC PAY®
Effective November 1, 2016
These
Terms of Use apply when you choose
to add and use an eligible PNC Bank debit, credit and/or prepaid card ("Card") within
this mobile payment feature known as PNC Pay® ("PNC Pay®" or sometimes referred
to as the "feature"). In these
Terms, "you" and "your" refer to the cardholder of the Card. "We," "us," "our" and "PNC Bank" refer
to PNC Bank, National Association, the issuer of the Card.
Card or Underlying Account Terms. The
terms and conditions applicable to your Card or the underlying account do not
change as a result of adding or using your Card within PNC Pay®. PNC Pay® is just another way you can use
your Card to make purchases of goods and services at locations that accept PNC
Pay. PNC Pay® may not be accepted at
all places where your Card is accepted.
Any applicable interest, fees and other charges that apply to your Card
or the underlying account will also apply when you use your Card within PNC Pay®
to make purchases.
Notice
regarding arbitration. The agreement governing your Card or the
underlying account contains an Arbitration Provision section which applies to
claims arising from your use of your Card. That provision also applies to any
disputes between you and PNC Bank arising from your use of your Card within PNC
Pay®.
Eligibility. You are
only able to use a Card on an eligible mobile device. An "eligible mobile device" is a mobile device which PNC approves for use and that has not been
modified contrary to the device manufacturer's guidelines, including but not
limited to disabling hardware or software controls. If we have indicated that the Card you
wish to add to PNC Pay® can be added, then for you to use the Card within the feature,
the Card or the underlying account must also be in good standing and you must
not otherwise be restricted from using PNC Pay® based on any limitations imposed
by PNC, your wireless service provider, and/or any third party associated with PNC
Pay®.
Use
of Your Card. PNC Pay® enables you to use your Card and
an eligible mobile device to make purchases of goods and services. When you enroll your Card within the feature,
your Card information is converted to a device-only account number and stored
on your eligible mobile device. The
device-only account number may be used to pay for goods and services at
participating merchants that accept PNC Pay®. By selecting your Card within the feature
and following the instructions provided by PNC, you are authorizing payment
from your Card for the purchase of goods or services.
All purchases made using your Card within
PNC Pay®, including the delivery of such goods and services, returns, and
warranties, are solely between you and the applicable merchant. You acknowledge
that PNC Bank does not endorse or warrant any merchants that are accessible
using PNC Pay® and we are not responsible for or liable for any loss or damage
as a result of any interaction between you and a merchant.
Lost
or Stolen. If your eligible mobile device is lost
or stolen, your device or PNC Pay® authentication (e.g., fingerprint or similar
authentication method, or PIN) is compromised, or if your Card has been used
without your permission, you must notify us immediately. If you fail to notify us immediately,
you may be liable for part or all of the losses in connection with any unauthorized
use of your Card.
Offers. Third
parties, such as merchants, may present you certain discounts, rebates or other
benefits within PNC Pay®. You
acknowledge and agree that PNC Bank does not endorse or warrant any of these
offers and we are not responsible for or liable for any loss or damage as a
result of your acceptance or use of an offer.
Fees. PNC
Bank does not currently impose a fee for using your Card within PNC Pay®. However, the provider of your wireless service
provider may impose certain charges or other fees for use of your device.
Consent. You
consent to receive electronic communications and disclosures from us in
connection with your Card and its use within PNC Pay®. You agree that by providing telephone
number(s), email addresses and other contact information to us now or at any
later time, you authorize PNC Bank to contact you using such information
regarding any of your PNC Bank accounts.
You also consent to PNC Bank using any means to call you at any
telephone number(s) provided, including by (i)
placing calls using an automated dialing system to a cell, VoIP or other
wireless phone number and (ii) sending prerecorded messages or text messages to
those numbers, even if you may be charged for the calls or text messages. You also consent to PNC Bank monitoring
or recording any phone call with you; contacting you by email or any other form
of electronic communication and/or by fax in accordance with applicable law;
and using third parties to contact you by phone, email, other electronic
communication or by fax to the same extent as though PNC Bank were making those
contacts itself. If at any time you
revoke this consent, we may suspend or cancel your ability to use your Card within
PNC Pay®.
You acknowledge and agree that we may
contact your wireless service provider and authorize your wireless service
provider to disclose certain information about your wireless account, including
but not limited to, your eligible mobile device phone number, IP address, name,
address, and device data, in order to allow us to verify your identity and
validate the information you provide to us.
Data. You agree that we may collect, transmit, store, and use certain
information about you and your use of your Card within PNC Pay®. PNC Bank will use, share and protect
your personal information in accordance with the privacy policy applicable to
your Card or the underlying account.
You acknowledge that other third parties, such as Visa, will have access
to certain details of Card transactions made using this feature and any
personal information that you may provide such third party directly. You acknowledge that PNC Bank does not
have control over the privacy and security of your information that may be provided
to or held by other third parties that support PNC Pay® and that any information
you disclose to any third party is subject to their respective privacy policy
and not the PNC Bank privacy policy applicable to your Card or the underlying account.
Third
Party Agreements and Support. Your wireless service provider, and
other third parties may have their own terms and conditions and other policies,
such as privacy policies, and you are subject to those agreements when you
agree to utilize their products and/or services. PNC Bank is not responsible for and does
not provide support or assistance with any products or services offered by your
wireless service provider, or any other third party.
Suspension;
Cancellation. PNC Bank reserves the right to
discontinue PNC Pay®. We may suspend
or cancel your use of your Card in this feature at any time without notice and
for any or no reason. You agree
that PNC Bank will not be liable to you or any third party for any blocking,
suspension, cancellation, or termination of your use of your Card in this feature. You also acknowledge that use of a
non-eligible mobile device to use your Card within PNC Pay® is expressly
prohibited, constitutes a breach of these Terms of Use, and is grounds for us
to suspend, cancel, and deny further access of all Cards within PNC Pay®.
Disclaimer
of Warranties. You expressly acknowledge and agree that
use of your Card in PNC Pay® is at your sole risk and that the entire risk as to
satisfactory quality, performance, accuracy and effort is with you. No oral or written information or advice
provided by PNC Bank, its authorized representatives or any third party shall
create any express, implied or statutory warranty with respect to your use of PNC
Pay® or your Card within this feature.
PNC Bank will not be liable to you for any circumstances beyond our
control that interrupt, prevent or otherwise affect this feature or your use of
your Card within this feature, such as unavailability of PNC Pay® or your
wireless service, communications, network delays, limitations on wireless
coverage, system outages, or interruption of a wireless connection. PNC Bank makes no guarantees about
the information shown in PNC Pay®.
PNC Bank is also not responsible for your mobile device or the software
or hardware it contains and makes no representations, warranties, or guarantees
concerning such matters.
Limitation
of Liabilities. Except as otherwise provided by law, in
no event will PNC Bank, its direct or indirect subsidiaries, affiliates, shareholders,
directors, officers, agents, employees, or representatives be liable for death,
personal injury, property damage, or any incidental, special, indirect,
punitive, exemplary or consequential damages whatsoever, including, without
limitation, damages for loss of profits, loss of or damage to data, business
interruption or any other commercial or financial damages, lost revenues, or
other losses of any kind, arising out of this Agreement or in any way related
to your use or inability to use PNC Pay® or your Card within this feature however
caused, regardless of the theory of liability (contract, tort or otherwise) and
even if we have been advised of the possibility of such damages. The foregoing limitations will apply
even if the above stated remedy fails of its essential purpose.
Indemnification. You
agree to indemnify, defend, and hold PNC Bank, its direct or indirect
subsidiaries, affiliates, shareholders, directors, officers, agents, employees,
and representatives harmless from and against any and all claims, damages,
losses, liabilities and expenses (including all fees of counsel and all
expenses of litigation or preparation thereof) which may be incurred or
asserted against any of the above by any third party in connection with or
arising out of (i) your use of PNC Pay® or a Card
within this feature or (ii) any
breach of these Terms of Use by you, any joint accountholders, or authorized
users you permit to use your Card or related information within PNC Pay®. You must use your best efforts to
cooperate with us and may also participate at your own expense in the defense
of any such claim.
Governing
Law. The provisions of this Agreement will be
governed by federal law and, to the extent that state law applies, the laws of
the state that apply to your Card or underlying account agreement. If a court decides not to enforce a part
of this Agreement, this Agreement will then read as if the unenforceable or
invalid part were not there. All
provisions in this Agreement are subject to any restrictions under applicable
law.
Change
in Terms. We may change the terms of this
Agreement from time to time and for any reason, except as prohibited by
applicable law. If required by
applicable law, we will notify you of changes.
Notices. Notices
from you to us will be effective upon our receipt and reasonable time to
process. PNC Bank may notify you
concerning these Terms of Use and use of your Card in PNC Pay® by posting the
notice on our website, through electronic notice given to you at any e-mail
address we have on file for you or by contacting you using any telephone number
you have provided to us, or by contacting you at the address we have on file
for you.