DIGITAL WALLET TERMS AND CONDITIONS
These Digital Wallet Terms and Conditions ("Terms") apply when you add a Discover® credit card account or Discover debit card associated with a deposit account ("Discover Card") to an electronic wallet that will permit you to make (i) contactless payments at merchants' contactless-enabled point-of-sale terminals or readers that accept contactless payments using an electronic wallet (in lieu of you presenting your physical card) and/or (ii) in-app or other digital commerce payments at merchants participating in the electronic wallet ("Digital Wallet"). They apply to you and anyone else you authorize to use your Digital Wallet. If you do not agree to these Terms, do not access the Digital Wallet. DFS reserves the right to change these Terms at any time and without notice as permitted by law, and your continued use of this Digital Wallet constitutes agreement to all such changes. "DFS" means Discover Products Inc., Discover Bank and their affiliates.
Use of the Digital Wallet
Adding your Discover Card. You can add an eligible Discover Card to the Digital Wallet by following the instructions of the Digital Wallet provider. If your Discover Card is not in good standing or your account is frozen, then your Discover Card will not be eligible to be added in the Digital Wallet and if already in the Digital Wallet, the card may be removed. When you add a Discover Card to the Digital Wallet, the Digital Wallet allows you to use your Discover Card to enter into transactions where the Digital Wallet is accepted. The Digital Wallet may not be accepted at all places where your Discover Card is accepted.
Terms that Apply. In addition to these Terms, you agree that when you use the Digital Wallet, you will remain subject to the terms and conditions of all your existing agreements with DFS, its affiliates, and/or any unaffiliated service providers, your mobile service carrier (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.), and your Digital Wallet provider (e.g. Apple, Google, Samsung). These Terms do not amend or supersede any of those agreements, including but not limited to, your Cardmember Agreement with DFS or your Deposit Account Agreement with Discover Bank. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Digital Wallet (for example, your mobile service carrier may impose data usage or text message charges for your use of or interaction with the Digital Wallet), and you agree to be solely responsible for all such fees, limitations and restrictions.
You agree that only your mobile service carrier or Digital Wallet provider is responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or Digital Wallet provider directly without involving DFS. DFS is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of the Digital Wallet or any third party's products or services.
Notifications. You hereby consent to DFS and/or the Digital Wallet provider sending you notifications through the Digital Wallet from time to time reflecting your Discover Card account activity and/or marketing messages. If you do not wish to receive notifications, you may turn off these notifications through the device settings on your mobile phone or by the procedures established by your Digital Wallet provider.
Suspension/Removal of a Card. DFS reserves the right to discontinue offering or supporting the Digital Wallet for any reason. Unauthorized use of the Digital Wallet, including, but not limited to, unauthorized entry into DFS' systems, misuse of passwords or misuse of any other information, is strictly prohibited and will result in suspension and/or termination of your use of the Digital Wallet. You may not use the Digital Wallet in any manner that could damage, disable, overburden, or impair the service, DFS may block, restrict, suspend or terminate your use of the Digital Wallet at any time without notice and for any reason, including if you violate these Terms or any other agreements with DFS, except as otherwise required by applicable law. You agree that DFS will not be liable to you or any third party for any suspension, cancellation or termination of your use of the Digital Wallet.
You should contact the Digital Wallet provider on how to remove your Discover Card from the Digital Wallet.
Privacy and Security
Disclaimer of Warranty and Limitation of Liability
The information, products and services on the Digital Wallet are provided on an "AS IS," and "AS AVAILABLE" basis. DFS does not warrant the information or services provided herein or your use of the Digital Wallet generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. DFS will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Digital Wallet. DFS cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you through the Digital Wallet for any particular purpose.
Neither DFS, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Digital Wallet, or resulting in any way from or in connection with:
- any errors, acts or omissions in the technical operation or content of the Digital Wallet;
- the Digital Wallet and any data or content therein, or any products or services made available through the Digital Wallet;
- any action taken in connection with an investigation by DFS, law enforcement or other authorities regarding your use of the Digital Wallet;
- any other cause relating to your access to, inability to access, or use of the Digital Wallet,
regardless of whether the circumstances giving rise to such cause may have been within the control of DFS or of any vendor providing software or services. In no event will DFS or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages or any other damages of any kind even if DFS or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. DFS cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.
IN NO EVENT WILL DFS OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING THIS DIGITAL WALLET, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD DFS AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE DIGITAL WALLET;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (G) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN DFS'S DEFENSE OF ANY CLAIM. DFS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF DFS.
These Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of the Digital Wallet must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. These Terms constitutes the entire agreement between DFS and you with respect to the Digital Wallet and it supersedes all prior or contemporaneous communications, agreements and understandings between DFS and you with respect to the subject matter hereof.
These Terms were last updated August 5, 2016.