TD Canada Trust
TD Mobile Payment Privacy Terms / TD Mobile Payment Terms and Conditions
It is important that you read and understand the TD Mobile Payment Privacy Terms and TD Mobile Payment Terms and Conditions below. By clicking the "I agree" button or by using TD Mobile Payment, 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 TD Mobile Payment. These Privacy Terms and Terms and Conditions will apply every time you use TD Mobile Payment.
TD Mobile Payment Privacy Terms
TD Mobile Payment will collect your name, mobile phone number, country code, mobile device identification number (IMEI), ICCID which identifies your SIM card, device name, Payment Card (defined in Section 1 of the Terms and Conditions below) number, nickname and expiry date, whatever Payment Card and account information you provide, and other information arising from your use of TD Mobile Payment, including payment transactions (collectively called "Mobile Data").
TD Mobile Payment may send notifications to your mobile device to notify you of transaction requests (each such notification, a "Notification"). You may turn off Notifications at any time by adjusting your TD Mobile Payment settings, except if you have enabled "Always On" mode (see Section 4). If "Always On" mode is enabled, you may turn off Notifications by adjusting your mobile device operating system settings.
Please see our Mobile Apps Privacy Code available at http://www.td.com/privacy-and-security/privacy-and-security/our-privacy-commitments/td-privacy-code/privacy.jsp#m for more information about how we handle your Mobile Data.
TD Mobile Payment 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 TD Mobile Payment ("TD Mobile Payment"), a feature contained within the TD Mobile Banking Application ("TD Mobile App").
Information about TD Mobile Payment
- TD Mobile Payment is a "virtual wallet", a payment tool enabling you to use mobile devices (each a "Mobile Device") to complete transactions with participating merchants. Transactions are completed through point of sale terminals by wirelessly transmitting your credit card, debit card, stored value card, loyalty card or other payment card that TD determines is eligible to be used with TD Mobile Payment (each, a "Payment Card"). For more information about how transactions are processed through TD Mobile Payment, please refer to the FAQ. TD Mobile Payment is not a credit card, debit card or other financial product, it is simply another way you can use your Payment Card. When you use your Payment Card through TD Mobile Payment to transact with a merchant, it is the same as if you swiped, inserted, waved or tapped your physical Payment Card or signed the credit card slip or electronic signature device presented by the merchant. TD may, from time to time, remove one or more of your Payment Cards from TD Mobile Payment with or without notice to you. We may suspend, cancel or block your access to or use of TD Mobile Payment at any time and for any reason, without notice or liability to you.
- The terms of the agreements that you entered into or may enter into with TD for a particular product or service (including the Payment Card), as such agreements are amended or replaced from time to time (the "TD Agreements"), apply to your use of TD Mobile Payment. 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 or the use of your Payment Card, 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. If the Canadian Code of Practice for Consumer Debit Card Services (the "Debit Code") applies to these terms and there is a conflict between these Terms and the Debit Code, the Debit Code will apply but only to the extent of the conflict.
- When you use a Payment Card in TD Mobile Payment that is issued or provided to you by someone other than TD (a "Third Party") you are responsible for ensuring that the terms of the agreement that apply to the Payment Card issued or provided by that Third Party (each a "Third Party Cardholder Agreement") permit your use and enrollment of the Third Party Payment Card through TD Mobile Payment. You may not load a Third Party Payment Card on to TD Mobile Payment if the Third Party Cardholder Agreement restricts it. You are responsible for the completeness and accuracy of any information about a Third Party Payment Card that you store or provide in TD Mobile Payment and any other related information you store in TD Mobile Payment. Under these Terms, a Third Party Payment Card is also a Payment Card.
- You are responsible for the care and control of your Mobile Device, TD Mobile Payment (including the Payment Cards loaded into TD Mobile Payment) and the user identification, PIN, safekeys or safepicture, if applicable, password, passcode and verification questions and answers ("User Information"). You must take reasonable steps to safeguard and protect your Mobile Device, User Information and TD Mobile Payment.
Use of Third Party Payment Cards in TD Mobile Payment and Third Party Cardholder Agreements
Care and Control of Your Mobile Device, TD Mobile Payment and User Information
- keep possession of the Mobile Device;
- not allow others to use TD Mobile Payment on your Mobile Device;
- keep a lock screen or passcode lock (each a "Device Lock") on your Mobile Device at all times;
- 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;
- 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.
When you set TD Mobile Payment to "Always On" mode, you will be able to complete transactions with your Mobile Device without entering the passcode you created to access TD Mobile Payment or entering the Device Lock you created to access your Mobile Device.
If you enabled "Always On" mode, your Default Card will be used for your purchases. For more information about this feature, please refer to the FAQ.
Lost or Stolen Mobile Device and Unauthorized Access to Your User Information
Disposing of Your Mobile Device
Disabling Your TD Mobile Payment User Account
Responsibility for Your Mobile Device and to Your Mobile Device Provider
Installing and Using Modifications to TD Mobile Payment
Possible Effects of Installation, Removal or Usage of TD Mobile Payment and Disclaimer of Damages and Warranty
Limitation of Liability
If You Have a Problem or Concern
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 www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.
Terms Drawn Up in English
Changes to These Terms