Mobile Wallet Terms of Use
This document sets out the terms and conditions (“Terms”) that apply when you add, attempt to add, keep, or use the EQ Bank Card (the “Card”) in a third-party mobile payment system into which the Card may be enrolled or added (“Mobile Wallet”) on any compatible device that supports the Mobile Wallet (each a “Device”).
Please read these Terms carefully. These Terms are a legal agreement and govern all Transactions made with the Card through a Mobile Wallet.
The words “you” and “your” mean an EQ Bank cardholder. The words “we”, “us”, “our”, and “EQ Bank” mean Equitable Bank. Any capitalized terms that are used but not defined in these Terms have the meanings set out in the EQ Bank Card Agreement (the “Card Agreement”).
Accepting These Terms
By adding or attempting to add the Card to a Mobile Wallet or using or keeping the Card in a Mobile Wallet, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you must not add, attempt to add, use, or keep the Card in a Mobile Wallet.
Other Agreements Continue to Apply
The Card Agreement describes the terms and conditions that apply when you use a Card. Nothing in these Terms changes your responsibilities under the Card Agreement. All references to “Card” in the Card Agreement include the digital card contained in the Mobile Wallet. When your Card is enrolled in a Mobile Wallet, your Device will be deemed a Card for the purposes of the Card Agreement, as the context requires. The terms of the Card Agreement, the EQ Bank Personal Account Agreement, and other agreements that apply to the Card and linked EQ Bank Personal Account, including any amendments (collectively, the “Agreements”) supplement these Terms. The Agreements continue to apply to the Card, including when you add the Card to the Mobile Wallet or use it in the Mobile Wallet.
You understand that your use of the Mobile Wallet is also subject to agreements or terms of use with the wallet provider (the “Wallet Provider”) or other third parties, such as wireless companies or data service providers (“ Third Parties”). EQ Bank is not responsible for the Wallet Provider or Third Parties. The Mobile Wallet may be terminated by the Wallet Provider at any time. In no event shall any agreement or terms of use between you and the Wallet Provider or any Third Parties be binding on EQ Bank or impose any additional obligations or obligations that are inconsistent with these Terms upon EQ Bank. If the agreement or terms of use between you and the Wallet Provider or Third Parties conflict with these Terms or the Card Agreement, these Terms or the Card Agreement, as applicable, will govern.
Adding the Card to the Mobile Wallet
To add a Card to the Mobile Wallet, you must follow any procedures adopted by the Wallet Provider and EQ Bank. Only the individual whose name is on the Card should add the Card to a Mobile Wallet. You may only add your Card to the Mobile Wallet on your own Device. You will have to activate the Card before you can add it to the Mobile Wallet. You are responsible for the completeness and accuracy of any information you enter into a Mobile Wallet.
Using the Card in the Mobile Wallet
The Mobile Wallet allows you make purchases using a Card that has been added to the Mobile Wallet wherever the Mobile Wallet is accepted, as set out in these Terms. When you use your Card through the Mobile Wallet to transact with a merchant, the legal effect is the same as if you used the physical Card. You may not make an ATM withdrawal using your Card through the Mobile Wallet. You are financially responsible for all Transactions made using the Card in the Mobile Wallet in accordance with the Card Agreement. Mobile Wallet Transactions will be added to your Statements.
The Mobile Wallet may not be accepted everywhere your Card is accepted and may not be accepted outside of Canada. Using a Card in the Mobile Wallet is subject to Card activation and any applicable Card or Mobile Wallet limits, which are subject to change. Mastercard®, EQ Bank or merchants may, in their discretion, establish a maximum dollar limit for a single Transaction that may be completed using a Mobile Wallet, and different dollar limits may apply. As a result, you may not be able to use the Mobile Wallet to complete a Transaction, even if your Card and other EQ Bank accounts are in good standing.
We can block you from adding a Card to the Mobile Wallet, or suspend or cancel your ability to use a Card in the Mobile Wallet at any time and for any reason determined by us in our sole discretion, without notice or liability to you, including but not limited to if we suspect fraud related to the Card or the Mobile Wallet, if you are not in good standing with EQ Bank, if we have restricted your Card or other EQ Bank accounts, if you have a negative balance on your Card, if we are directed to do so by the Wallet Provider, Mastercard, or a regulator, and where required by applicable law. In certain circumstances your Card may be suspended or removed from a Mobile Wallet by the Wallet Provider.
Removing the Card from the Mobile Wallet
You may remove your Card from the Mobile Wallet by following the Wallet Provider’s procedures for removal.
Your Responsibilities
You agree that you will protect and keep confidential all information required for you to access or make purchases with your Card, Device, and Mobile Wallet, including your Device information, passwords, passcodes, and verification questions, if applicable, and any other information used to authenticate you (the “Mobile Wallet Credentials”). After enrolling in a Mobile Wallet, you must secure your Device with the same care you would your Card in order to avoid unauthorized use. You are responsible for keeping your Mobile Wallet Credentials private and secure.
If you share your Mobile Wallet Credentials or Device with others in any way (such as by allowing others to set up fingerprint or facial recognition on your Device or sharing the Device passcode), they may be able to access your Device and the Mobile Wallet to make purchases with your Card, obtain your personal information, or view Transactions on your Device. You are prohibited from using any Mobile Wallet on a Device that you know or have reason to believe has had its security or integrity compromised. You may be solely liable for any losses, damages and expenses incurred as a result of your use of the Mobile Wallet on a compromised Device. If your physical Card is lost or stolen, you may not use the Card in the Mobile Wallet.
You must contact EQ Bank immediately by calling 1-844-437-2265 (1-416-551-3449 outside of North America) if you suspect fraud or unauthorized use of your Card or Mobile Wallet. You may also need to notify your Wallet Provider. We will investigate and where appropriate resolve any potential fraudulent purchase or error on your Card as set out in the Card Agreement. We will not be liable for any losses you incur except as specifically described in the Card Agreement or as otherwise provided by law.
You understand that by adding the Card to a Mobile Wallet, your Device will act as if it were your Card in certain instances. If you suspect your Device is lost or stolen, lock your Card through EQ Bank’s mobile banking app, online banking, or by calling 1-844-437-2265 (1-416-551-3449 outside of North America). You must contact EQ Bank immediately by calling 1-844-437-2265 (1-416-551-3449 outside of North America) if your Device is lost or stolen. You may also need to notify your Wallet Provider. You must also contact EQ Bank immediately if you believe your Mobile Wallet Credentials have been lost, compromised or stolen, and you should change your Mobile Wallet Credentials immediately to avoid any unauthorized use of your Card or your personal information.
Before you sell, give away, or dispose of your Device, you must remove the Card from the Mobile Wallet by following the Wallet Provider’s procedures for removal. If you do not follow these procedures for removal of the Card, your Card may be available to the person who obtains your Device, and you will be responsible for any Transactions that are completed.
Security of the Mobile Wallet
We are not responsible for the security or performance of the Mobile Wallet. We are not responsible if there is a security breach affecting any information stored in the Mobile Wallet or sent from the Mobile Wallet. The Wallet Provider is responsible for the security of information that you provide to it or that is stored in the Mobile Wallet.
Fees
We do not charge any fees for adding a Card to the Mobile Wallet. The Card Agreement contains details regarding any fees for the Card. The Wallet Provider or Third Parties may charge you service fees when you use your Device or the Mobile Wallet, such as wireless carrier data or usage fees. Fees imposed by the Wallet Provider or Third Parties may form part of the Transaction amount that is charged to your Card when using the Mobile Wallet and the nature and amount of those fees may be unknown to us. Fees from the Wallet Provider or Third Parties may be charged to your Card when processing a Transaction conducted using the Mobile Wallet. You agree that you are responsible for any fees that are imposed by the Wallet Provider or Third Parties for the use of your Device or Mobile Wallet. You agree that EQ Bank is not responsible for identifying, disclosing or verifying fees imposed by Wallet Providers or Third Parties.
Notifications
You understand and agree that you may receive notifications on your Device relating to the Card and the Mobile Wallet, such as when you complete Transactions using your Card (each a “Notification”). Depending on your Device settings, Notifications may be visible on your Device without any requirement to enter a password or unlock the Device. You may turn off Notifications by adjusting the settings on your Device.
We are not responsible for any failure to provide you with information, including Notifications, through the Mobile Wallet at any time or for any reason. You should not rely on Notifications to confirm the final amount of any Transaction as the amounts could be different than the final purchase price. You should review your Transaction records and Statements for errors as set out in the Card Agreement.
Privacy and your Personal Information
By adding or attempting to add your Card to a Mobile Wallet, you consent to the collection, use and disclosure of your personal information in accordance with EQ Bank's Privacy Agreement. The Privacy Agreement may be amended or replaced from time to time and we will post the revised Privacy Agreement on our Website (www.eqbank.ca) or on the Message Centre.
You consent to the collection, use and disclosure of your information necessary to provide or operate a Mobile Wallet, or any information you may provide or that is generated while using a Mobile Wallet. You also agree that such information may be shared with any participant in a Mobile Wallet for the purpose of providing or operating such Mobile Wallet. In the event that any Mobile Wallet participant is located in a foreign jurisdiction, the information is bound by, and may be disclosed in accordance with the laws of that jurisdiction.
You agree that we may exchange information about you (including but not limited to your name, email address, phone number, postal code, Card, and transactional data) and technical data (including but not limited to device identifier, IP address, and location) with the Wallet Provider and/or Mastercard, in order to provide or operate a Mobile Wallet, including to facilitate adding a Card to the Mobile Wallet, to complete a purchase you make using a Card through the Mobile Wallet, to make transactional information available to you in the Mobile Wallet, for internal analytics and reporting, to help manage fraud, security and error, or to assist the Wallet Provider in improving its products.
The Wallet Provider and Third Parties may handle your information differently. You acknowledge and agree that any information provided to the Wallet Provider and Third Parties is subject to their security policies and governed by their respective privacy policies. Please review the Wallet Provider’s applicable agreements and privacy policy that apply to their Mobile Wallet for information as to how the Wallet Provider will collect, use and disclose your personal information. We are not responsible for any loss, injury or other harm you suffer in connection with the use of your information by the Wallet Provider or Third Parties.
We reserve the right to comply with any third party demands which have been issued under federal or provincial/territorial legislation, or any court order we receive in respect of your use of the Mobile Wallet. You agree that we will not be liable to you in any way for complying with any such third party demands or court orders issued on or against your use of the Mobile Wallet.
You acknowledge and agree that we may from time to time communicate with you about the use of your Card and Mobile Wallet using the contact information you have previously provided.
Changes to these Terms
Changes to these Terms (including replacing these Terms with another set of terms) may be made by us at any time, without prior notice to you, unless advance notice is required by law. When changes are made, notice of the change will be sent to you at the email address in your profile with us, posted on the Message Centre, or posted on the Website. Your continued use of the Card in the Mobile Wallet will be taken as your acknowledgement and agreement to be bound by changes to these Terms. If you do not accept a change to these Terms, you must remove your Card from the Mobile Wallet. You can terminate these Terms at any time by removing your Card from the Mobile Wallet. We reserve the right for any reason to discontinue offering or supporting the Card in Mobile Wallets.
Conflict of Terms
If there is any conflict or inconsistency between these Terms and the terms in any other agreement between you and us, these Terms will prevail in respect of any matter involving the Mobile Wallet and the parties shall take any necessary steps to conform the inconsistent terms to these Terms. If there is any other conflict or inconsistency between these Terms and the terms of the Card Agreement (relating to any matter other than the Mobile Wallet), the Card Agreement will prevail, and the parties shall take any necessary steps to conform the inconsistent terms to the Card Agreement.
Limitation of Liability and Disclaimer of Warranties
EQ Bank is not the provider of the Mobile Wallet and is not responsible for the use and function of the Mobile Wallet. To the fullest extent permitted by law, the Card in the Mobile Wallet is provided to you “as is” and “as available” with all defects that may exist from time to time and without warranty of any kind. EQ Bank further disclaims all warranties and conditions with respect to the Mobile Wallet.
We are not responsible for any failure of the Mobile Wallet, or any errors or delays caused by your inability to use a Mobile Wallet for any Transaction. We are also not responsible for any loss, injury, or inconvenience you suffer as a result of: (a) a merchant refusing to accept the Mobile Wallet; (b) any damage or vulnerabilities to your Device that may be directly or indirectly caused by the Mobile Wallet; or (c) any actions or omissions of the Wallet Provider or any Third Parties. We are only responsible for the Card as set out in the Card Agreement.
Language
For Québec residents only: You acknowledge and agree that you have first been presented with and have examined the French version of these Terms, and that you then have expressly requested that these Terms, and all related documents including notices, be drawn up in the English language and that you wish to and agree to be bound by the English version of these Terms. Vous reconnaissez et convenez que la version française de les présentes modalités vous a d'abord été présentée et que vous les avez examinées, et que vous avez ensuite expressément demandé que les présentes modalités et tous les documents connexes, y compris les avis, soient rédigés en anglais et que vous souhaitez être lié par la version anglaise des présentes et que vous acceptez de l'être.
Notifications will be presented to you in the language you have selected in the user preferences of your Device.
Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada. You hereby submit to and are bound by those laws and the courts of Ontario.
Interpretation
When used in these Terms, the term “including” means “including, but not limited to.” The section headings in these Terms are for convenience of reference only and do not affect or govern the interpretation of the rest of the Terms. When we refer to these Terms or other agreements or documents, we are referring to these Terms and those other agreements or documents as they may be amended, replaced or supplemented from time to time.
Contact Us
Any inquiries related to these Terms should be directed to 1-844-437-2265 (1-416-551-3449 outside of North America) which is available from 8:00 A.M. until midnight Eastern Time, 7 days a week. Contact information is also available at our Website (www.eqbank.ca). You can obtain more information and a current copy of these Terms on our Website. For a more detailed overview of our complaint process visit https://www.equitablebank.ca/resolving-customer-complaints.
Trademarks
EQ Bank is a trade name of Equitable Bank.
®/TM Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
