Thank you for using your STIFEL|ADVANTAGE or Stifel Prestige® Account Debit Card and wanting to use your STIFEL|ADVANTAGE or Stifel Prestige® Account Debit Card (“Card”) in the Apple Pay application (“Apple Pay”) offered by Apple Inc. ("Apple") with a smartphone or other electronic device on which Apple Pay is installed (altogether, your "Apple Device").
WHEN THESE TERMS AND CONDITIONS APPLY
These terms and conditions apply when you choose to enroll your Card in the Apple Pay service. These terms and conditions are a legal agreement among you, Stifel, Nicolaus & Company, Incorporated (“Stifel”), BNY Mellon Investment Servicing Trust Company (“BNY Mellon”), and PNC Bank, N.A. (“Bank”) (“Terms and Conditions”) regarding the use of your eligible debit card account in the Apple Pay service.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CREATING, ACTIVATING, OR USING YOUR CARD IN APPLE PAY, BECAUSE BY DOING SO, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT CREATE, ACTIVATE, OR USE YOUR CARD WITH APPLE PAY.
Within these Terms, “you” and “your” refer to the customer whose name is located on the Card or any authorized user of the Card. “We,” “us,” and “our” refer to Stifel, BNY Mellon, and/or Bank, as the context dictates.
RELATIONSHIP TO APPLE
The Apple Pay service is a service offered exclusively by Apple using eligible Apple devices. None of us or our affiliates own, operate, or control Apple Pay and are not responsible for any service provided to you by Apple or by any third party engaged by Apple. We are also not responsible for any information or other services provided to you by Apple or any other third parties associated with the Apple Pay service.
With regard to your usage of Apple Pay, our sole responsibility is in providing information to Apple in order to allow you to enroll your eligible STIFEL|ADVANTAGE or Stifel Prestige® Account Debit Card into the service. Because we do not control this service in any way, we are not liable for any failure of the service resulting in your inability to use Apple Pay. We also are not responsible for any third party performance surrounding or related to this service and any agreement you enter into with those third parties.
Your enrollment into the Apple Pay service does not impact any other agreement we have with you. The terms and conditions for your Card, which were provided to you at account opening and amended from time to time, remain in full force and effect regardless of whether or not you use the Apple Pay service. Please note that any transaction you make with your enrolled STIFEL|ADVANTAGE or Stifel Prestige® Account Debit Card using the Apple Pay service will be considered the same as if you had used your Card in person to conduct the transaction and all applicable fees will apply per the terms of the cardholder agreement.
USING APPLE PAY
Using the Apple Pay service allows you to access your underlying Stifel account using your supported Apple Device to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using your Apple Device (in lieu of you presenting your physical Card) and (ii) in-app or other digital commerce payments at merchants participating in the Apple Pay service.
Apple Pay requires merchants (those individuals or organizations who accept Cards for payment) to use specific point-of-sale machines. As a result, you may not be able to use Apple Pay at all locations where your STIFEL|ADVANTAGE or Stifel Prestige® Account Debit Card is normally accepted. We make no warranty or representation that you will be able to use your STIFEL|ADVANTAGE or Stifel Prestige® Account Debit Card through the Apple Pay service at all merchants.
When you enroll in Apple Pay, your STIFEL|ADVANTAGE or Stifel Prestige® Account Debit Card information is securely transmitted by Apple to BNY Mellon or Stifel for authorization to enroll your Card in the service. Your Card information is then replaced with a device-specific account number, which may be used in lieu of your Card number to pay for goods and services at participating merchants.
By designating your STIFEL|ADVANTAGE or Stifel Prestige® Account Debit Card as your primary card within Apple Pay, you can conduct transactions by placing your eligible mobile device near the participating merchant’s point-of-sale terminal or near-field-communication (“NFC”) reader. To authorize the transaction, you must use the biometric fingerprint security feature or other Apple-permitted security feature on your supported device.
You are solely responsible for maintaining the confidentiality of your Apple User ID, Apple passwords, and any other means that you may from time to time have to access the Apple Pay application. If you share these credentials with any other person, they may be able to use your Card and get access to your personal and payment information available through the Apple Pay services.
You are required to have an eligible Apple device in order to use this service. Apple, at its sole discretion, determines which Apple devices are eligible to be used with the Apple Pay service. Devices which have been unlocked in an unauthorized fashion (“jail-broken”) or otherwise modified may not be eligible to use Apple Pay.
You acknowledge that use of an ineligible mobile device with the Apple Pay service is expressly prohibited, constitutes a breach of these Terms and Conditions, and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Card in the Apple Pay service. We are not liable to you or any third party for the effects of such termination or suspension.
In order for Stifel to authorize your use of your STIFEL|ADVANTAGE or Stifel Prestige® Account Debit Card within the Apple Pay service, your Card and the underlying account must be in good standing and you must not be restricted from using Apple Pay based upon any limitations imposed by Apple, your wireless service provider, and/or any third party associated with Apple Pay.
LOST OR STOLEN CARDS OR DEVICES
If you enroll in Apple Pay and your device is lost or stolen, or you have reason to believe that your device has been compromised, including that of your fingerprint reader, PIN, or other security device, you must notify us immediately so that we can take action to disable your Card for use within the Apple Pay service. Given that your device can be used like a Card to make purchases, you must notify us in the event your device is lost or stolen with the same urgency as if your actual Card is lost or stolen. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your Card whether that use was through the Apple Pay service or not.
ANCILLARY APPLE PAY SERVICES
If, in the future, Apple decides to offer, or allows other third parties to offer, through the Apple Pay service any additional information or services to you (“Ancillary Services” such as coupons, discounts, rebates, etc.), you understand and agree that Stifel does not endorse or warrant any of these offers or services and has no control over these Ancillary Services. You further agree that Stifel is neither responsible nor liable for any loss or damage as a result of your use of such Ancillary Services.
FEES FOR APPLE PAY
We do not currently assess fees for the Apple Pay service. However, you are responsible for any fees or other charges that your wireless communication provider (“Wireless Carrier”) may charge for any related data or message services messaging.
If your Stifel account includes margin protection and a transaction originated via Apple Pay, along with other account activity processed in the same business day, results in a returned item fee or overdraft fee, you will be responsible for the amount of the overdraft and payment of all applicable fees as stated in our Fee Schedule. If you frequently overdraw your account, we reserve the right to terminate your usage of this service.
YOUR DATA AND PRIVACY
Apple Pay and Apple are trademarks of Apple Inc., registered in the U.S. and other countries.
SUSPENSION OR CANCELLATION OF SERVICES
Each of us reserves the right to discontinue support of the Apple Pay service at any time without advance notice to you. We may suspend or cancel your use of your eligible Card in Apple Pay at any time, for any reason, and without advanced notice to you.
DISCLAIMER OF LIABILITY
You agree that none of us will have any liability to you or any third party for the potential impacts of discontinuing the service, suspending your ability to use the service, or terminating your use of your Card in Apple Pay.
None of us will be liable for any circumstances that delay, interrupt, or otherwise impact or prevent your ability to use your Card with the Apple Pay service (such as, but not limited to, fire, flood, network or system downtime, or interference from an outside force).
DISCLAIMER OF WARRANTIES
You agree and acknowledge that your use of Apple Pay is at your own risk. No notification to you, either oral or written, provided by any of us or our authorized representatives or any third party shall create any implied, express, or statutory warranty with regards to the use of your Card through the Apple Pay service, including warranties of fitness for a particular purpose.
We are not responsible for the accuracy of information displayed through the Apple Pay service. Likewise, we are not responsible for your mobile device, the software installed on your device (either the operating system or any other software you choose to install), or the hardware associated with your device. We make no representations, warranties, or guarantees concerning these matters.
We are not responsible for, and do not provide, any support or assistance for any third-party hardware, software, or other products or services (including any Apple Pay service or any Apple device). If you have any questions or issues with a third-party product or service, including issues pertaining to the operation of your Apple Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If you have any questions or issues pertaining to Apple Pay (other than questions or issues specific to the use of a Card), please contact Apple.
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR OUR APPLE PAY. YOU ACKNOWLEDGE AND AGREE THAT, FROM TIME TO TIME, THE USE OF THE APPLE PAY SERVICE MAY BE DELAYED, INTERRUPTED, OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION, DISRUPTION, OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION, OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO APPLE PAY CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION, OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF APPLE PAY, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO APPLE PAY. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS, AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THESE TERMS AND CONDITIONS SHALL BE LIMITED TO DIRECT OUT-OF-POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless each of us, our parents and our Affiliates, and Service Providers, and their officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim, or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of these Terms and Conditions or the breach of these Terms and Conditions by any joint account holders or authorized users of your Card and/or your use of Apple 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.
These Terms and Conditions shall be governed by, interpreted under, and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any state conflict of law provisions. To the extent that these Terms and Conditions conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of these Terms and Conditions shall remain in full force and effect.
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and Conditions.
CHANGES TO THESE TERMS AND CONDITIONS
As part of your use of Apple Pay, you agree to receive all legally required notifications via electronic means. We may amend these Terms and Conditions and any applicable fees and charges for the service at any time by notice to you, which could include, but may not be limited to, posting a revised version of them on our website unless the amendment is otherwise required by law or applicable regulation, in which case we will not send you notice of an amendment.
We may also provide you with notice concerning these Terms and Conditions via electronic notice given to you at any e-mail address 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.
The revised version will be effective at the time it is posted or delivered unless a delayed effective date is expressly stated in the revision or required by law. Any use of Apple Pay after a notice of change or after the posting of a revised version of these terms and conditions on our Online Banking Website will constitute your agreement to such changes and revised versions. You agree to pay the associated usage or monthly fees for any applicable overdraft protection line of credit services.
STIFEL CLIENT ACCOUNT DISCLOSURES
For full client disclosures, please click this link: http://www.stifel.com/docs/pdf/Disclosures/AgreementAndDisclosureBooklet.pdf