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TD Merchant Solutions
TD Mobile Pay Solution Privacy Terms / TD Mobile Pay Solution Terms and Conditions
It is important that you read and understand the TD Mobile Pay Solution Privacy Terms and TD Mobile Pay Solution Terms and Conditions below. By tapping the "I Agree" button, or by installing and using the TD Mobile Pay App (as defined below), you are taken to have read and agreed to these Privacy Terms and Terms and Conditions. If you do not agree with these Privacy Terms or Terms and Conditions, you must not use the TD Mobile Pay App and TD Mobile Pay Solution (as defined below). These Privacy Terms and Terms and Conditions will apply every time you use the TD Mobile Pay App and TD Mobile Pay Solution.
TD Mobile Pay Solution Privacy Terms
For the purposes of providing the TD Mobile Pay Solution, TD will collect through the TD Mobile Pay App certain information, including your mobile phone number and country code, location data when the app is in use to enable geofencing for the purpose of confirming that the payment transactions are being conducted within Canada, and will collect other information arising from your use of the TD Mobile Pay Solution, including your TD Merchant Solutions account information and payment transactions you process (collectively called "Mobile Data").
The TD Mobile Pay App may send notifications to your mobile device to notify you of information related to your use of the TD Mobile Pay Solution (each such notification, a "Notification"). You may turn off Notifications at any time by adjusting your TD Mobile Pay App settings.
You may choose to receive SMS text messages as part of our authentication procedures. Standard wireless carrier message and data rates and roaming fees may apply. Please consult your wireless carrier for applicable text messaging fees and data plan rates. We are not responsible for the failure or delay of any communication that may prevent you from using the TD Mobile Pay Solution.
You agree that TD (which includes The Toronto-Dominion Bank and affiliated companies) may handle your personal information as we set out in our Privacy Policy. You can find our Privacy Policy online at td.com/privacy. The Privacy Policy also explains how to withdraw your consent.
Without limiting the foregoing, you acknowledge that TD and its authorized service providers may access and use Mobile Data which was loaded to your Mobile Device in order for TD to be able to provide you with the TD Mobile Pay Solution.
TD Mobile Pay Solution Terms and Conditions
The following terms and conditions, and any amendments (the "Terms") are a legal agreement between you ("you" or "your") and The Toronto-Dominion Bank and its affiliates in Canada ("TD", "we" or "us") for your use of the TD Mobile Pay Solution.
Information about TD Mobile Pay
1. TD Mobile Pay is a payment solution consisting of a card reader and related software, a payment application (the "TD Mobile Pay App") that can be used with mobile devices (each a "Mobile Device") and a merchant web portal used to manage your payment transactions, which enables you to accept credits cards, debit cards, stored value cards, mobile wallets, or any other type of payment card or method that TD determines is eligible to be used with TD Mobile Pay and you agree to accept (each a "Payment Card") for the sale of goods and services you offer to your customers in Canada (collectively, the "TD Mobile Pay Solution"). Transactions are completed using the card reader to accept a payment card and wirelessly transmitting transaction information to your Mobile Device which connects to the Internet to send transaction authorization requests to TD and complete transactions. For more information about how transactions are processed, review your TD Agreements and information we make available to you about your card reader. The TD Mobile Pay Solution, including the TD Mobile Pay App, may only be used in Canada and may be subject to export restrictions. You confirm that you are a legal resident of Canada or an authorized representative of a business entity authorized to carry on business in the Canadian province or territory in which it operates and you agree to abide by any applicable export restrictions.
2. We may suspend, cancel or block your access to or use of the TD Mobile Pay Solution, including the TD Mobile Pay App, at any time and for any reason, without notice or liability to you. You may use the TD Mobile Pay Solution only to the extent that you obey all applicable laws, rules, and regulations. You may not act as a payment intermediary, aggregator or service bureau or otherwise resell our services on behalf of any third party.
TD Agreements
3. The terms of the agreements that you entered into or may enter into with TD for a particular product or service (including for the TD Mobile Pay Solution), as such agreements are amended or replaced from time to time (the "TD Agreements"), apply to your use of the TD Mobile Pay App and TD Mobile Pay Solution. In particular, your ability to use the TD Mobile Pay Solution to accept payment card transactions is also subject to the terms of your TD Merchant Solutions Agreement. These Terms are in addition to and do not in any way amend or replace the TD Agreements that apply to your particular product or service, unless we have specifically advised you in these Terms. Nothing in these Terms changes your responsibilities under the TD Agreements. If there is a conflict between the terms of the TD Agreements and these Terms, these Terms will apply but only to the extent of the conflict.
Care and Control of The Card Reader, Your Mobile Device, TD Mobile Pay App and User Information
4. You are responsible for the care and control of your card reader, Mobile Device, the TD Mobile Pay App and the user identification, PINs, passwords, passcodes and other information used to access the TD Mobile Pay Solution (including the TD Mobile Pay App and merchant web portal) ("User Information"). You must take reasonable steps to safeguard and protect your card reader, Mobile Device, User Information and the TD Mobile Pay App.
You must:
- keep possession of your Mobile Device;
- keep your User Information separate from the Mobile Device;
- keep your User Information strictly confidential and not share it with anyone;
- take all reasonable precautions to ensure that no one finds out your User Information, including while you key in User Information on your Mobile Device or on the web portal;
- avoid User Information and Device Locks that may be easily determined by others, such as birthdays, phone numbers, age, social insurance number, etc.; and
- ensure that each password or other identifier is unique.
Lost or Stolen Card Reader or Mobile Device and Unauthorized Access to Your User Information
5. Notify TD at once at 1-800-363-1163 if: you suspect that your card reader or Mobile Device is lost or stolen, you receive a Notification that you do not recognize, another person has accessed your card reader or Mobile Device without your permission, or you suspect that any of your User Information has become known to another person because you are responsible for all transactions completed through the TD Mobile Pay Solution. You are able to deactivate your card reader via the TD Mobile Pay App or the TD Mobile Pay merchant portal by following procedures in the TD Mobile Pay Merchant Guide, which is available via https://www.td.com/ca/en/business-banking/merchant-solutions/pos-system/td-mobile-pay/. At your request we will disable your card reader or your TD Mobile Pay account. When you notify us to disable your TD Mobile Pay account, we will block your User Information to restrict access to the TD Mobile Pay Solution.
Disposing of Your Mobile Device
6. Before you sell, give away, or dispose of your Mobile Device you must delete the TD Mobile Pay App because unless you do so, you will be responsible for all transactions completed through the TD Mobile Pay Solution.
Disabling Your TD Mobile Pay Account
7. You may disable your TD Mobile Pay account at any time by calling TD at 1-800-363-1163. If you do not disable your TD Mobile Pay account, you will be responsible for all transactions completed through the TD Mobile Pay Solution. Disabling your TD Mobile Pay account will not change any obligations you have under the TD Agreements, including obligations to make any payments that you owe.
Responsibility for Your Mobile Device and to Your Mobile Device Provider
8. You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for you to use the TD Mobile Pay Solution, including the TD Mobile Pay App; and (ii) any fees or other charges imposed by your Mobile Device provider, wireless services carrier or Internet service provider. At minimum, a Mobile Device with a recent version of the Android™ or iOS™ operating system installed and that is Bluetooth® Low Energy (BLE) compatible is required to use the TD Mobile Pay Solution. It is your responsibility to determine if your Mobile Device provider, wireless services carrier or Internet service provider supports the TD Mobile Pay Solution or if your Mobile Device is capable of accessing the Internet.
9. You acknowledge that these Terms are between you and TD and not with the app store provider (i.e. Google Inc. or Apple Inc.). You agree that the app store provider: (a) is not liable to you in any way whatsoever for the distribution, use, performance or non-performance of the TD Mobile Pay App; (b) has no obligation whatsoever to furnish any maintenance and support services to you with respect to the TD Mobile Pay App; (c) is not responsible for addressing any claims you may have relating to the TD Mobile Pay App or your possession or use of the TD Mobile Pay App; (d) is not responsible for any third party claims that the TD Mobile Pay App or your possession or use of the TD Mobile Pay App infringes that third party's intellectual property rights; and (e) is a third party beneficiary to these Terms solely in respect of this Section 9.
Installing and Using Modifications to the TD Mobile Pay App
10. If we upgrade, update or modify the TD Mobile Pay App (including bug fixes, patches and new versions provided to you, the "Modifications"), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use the TD Mobile Pay Solution. TD may provide you with prior notice of the Modifications. However, if the Modifications are for the proper functioning, safety or security of the TD Mobile Pay Solution including the TD Mobile Pay App, or any systems or networks, TD may not provide you with prior notice. TD is under no obligation to make Modifications.
License Grant
11. You are granted a limited, revocable, non-transferable, non-exclusive license to use the TD Mobile Pay App on a Mobile Device that you own or control and use the TD Mobile Pay Solution with a secure card reader and related software provided to you by TD under the TD Agreements, for the purpose of accepting payments for the sale of goods and services you offer to your customers in Canada. The TD Mobile Pay Solution is licensed, not sold, to you. TD can terminate this license at any time and with or without any reason. You must not rent, lease, lend, sell, redistribute or sublicense the TD Mobile Pay Solution including the TD Mobile Pay App. You agree that TD and its licensors retain all right, title and interest in and to the TD Mobile Pay Solution and TD Mobile Pay App including copies and portions of it. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the TD Mobile Pay Solution or any part of it. You may not use the TD Mobile Pay Solution or submit Payment Card transactions for any purpose that is illegal, fraudulent or infringes another person's rights. You agree to comply with any other requirements, restrictions or limitations provided by TD upon notice to you. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, your Mobile Device provider or your wireless services carrier) relating to your use of the TD Mobile Pay Solution.
Submissions
12. If you want to submit ideas, suggestions or materials to TD regarding the TD Mobile Pay Solution (or any other particular product or service offered by TD ("Submissions")), through any means whatsoever, you grant to TD and its contractors and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide license to use, copy, sell, disclose or publish the Submissions for any purpose whatsoever (including developing and marketing products, services or content using the Submissions), and without any requirement for us to provide you with any credit, notice, approval or compensation for any such use. You waive your moral rights in the Submissions.
Taxes
13. You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of the TD Mobile Pay Solution, including any goods and services, harmonized or provincial sales taxes ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. TD is not obligated to nor will TD determine whether Taxes apply, nor is TD responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.
Possible Effects of Installation, Removal or Usage of the TD Mobile Pay App and Disclaimer of Damages and Warranty
14. BY USING THE TD MOBILE PAY APP ON YOUR MOBILE DEVICE, IT IS POSSIBLE THAT THE WARRANTIES COVERING YOUR MOBILE DEVICE ARE VOIDED, THAT YOUR MOBILE DEVICE MAY BE DAMAGED, THAT DATA STORED IN YOUR MOBILE DEVICE MAY BE CORRUPTED, AND THAT YOU OR YOUR PROPERTY MAY BE DAMAGED. YOU AGREE THAT YOUR USE OF OR INABILITY TO USE TD MOBILE PAY IS AT YOUR SOLE RISK. TD MOBILE PAY IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Limitation of Liability
15. YOU AGREE THAT TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TD AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND SUBCONTRACTORS BE LIABLE FOR ANY DAMAGES (INCLUDING INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, LOSS OF DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE TD MOBILE PAY SOLUTION, HOWEVER CAUSED.
Indemnity
16. YOU WILL INDEMNIFY, DEFEND, AND HOLD TD AND ITS AFFILIATES (AND OUR AND THEIR DIRECTORS, OFFICERS, PERSONNEL AND AGENTS) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, COSTS, DAMAGES, EXPENSES AND LIABILITIES WHATSOEVER (INCLUDING REASONABLE LEGAL FEES AND DISBURSEMENTS) WHICH MAY BE SUFFERED OR INCURRED BY TD OR ITS AFFILIATES FROM A CLAIM, ACTION, AUDIT, INVESTIGATION, INQUIRY, OR OTHER PROCEEDING THAT ARISES OUT OF OR RELATES TO: (A) ANY ACTUAL OR ALLEGED BREACH OF THIS LICENSE; (B) YOUR WRONGFUL OR IMPROPER USE OF THE TD MOBILE PAY SOLUTION; (C) YOUR VIOLATION OF ANY APPLICABLE LAW; OR (D) LOSS, THEFT OR MISUSE OF YOUR USER INFORMATION.
If You Have a Problem or Concern
17. General Inquiries: If you have a general inquiry, problem or concern you may call us toll free at 1-800-363-1163. For a more detailed overview of our complaint process visit us at www.td.com.
Code Complaints: If you wish to submit a complaint relating to our compliance with the Code of Conduct for the Credit and Debit Card Industry in Canada you may do so by visiting www.tdmerchantsolutions.com/codecomplaint.
Contacting the Financial Consumer Agency of Canada: If you have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, you can contact the Financial Consumer Agency of Canada (“FCAC”) in writing at: 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its website at fcac-acfc.gc.ca. Please note the FCAC does not become involved in matters of redress or compensation.
Language (Québec Only)
18. You acknowledge having been remitted a French language version of this Agreement and subsequently you have expressly requested that this Agreement be drawn up in the English language and that the documents relating hereto may be drawn up in the English language. Vous reconnaissez avoir reçu une version française de la présente convention et, subséquemment, vous avez expressément demandé que la présente convention et les documents s’y rattachant soient rédigés en anglais.
Applicable Law
19. These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein exclusive of conflict of law provisions and you attorn to the jurisdiction of the courts of the Province of Ontario with respect to any proceedings arising from these Terms. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods.
Changes to These Terms
20. We may add to or change the provisions of these Terms at any time. We will notify you of any additions or changes to these Terms by posting the notice on https://www.td.com/ca/en/business-banking/merchant-solutions/pos-system/td-mobile-pay/ or we may choose to send you notice of those additions or changes by other means. Once we provide you with notice, the Terms are amended and you accept the changes as of the effective date of the notice. If you do not agree with these Terms, as amended, you must not use the TD Mobile Pay Solution. You may review the most current version of the Terms at any time at https://www.td.com/ca/en/business-banking/merchant-solutions/pos-system/td-mobile-pay/.
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