Apple Pay Terms and Conditions

PNC Bank Terms of Use

Effective Novemebr 1, 2014

These Terms of Use apply when you choose to add and use an eligible PNC Bank debit, credit and/or prepaid card (“Card”) within Apple Pay.  In these Terms, “you” and “your” refer to the cardholder of the Card.  “We,” “us,” “our” and “PNC Bank” refer to PNC Bank, National Association, the issuer of the Card.  

PNC Bank and Apple Pay.  PNC Bank and its affiliates do not own or operate Apple Pay and are not responsible for any information or services provided by Apple, your wireless service provider, or any other third parties associated with Apple Pay.  We are only responsible for providing information to Apple in order to allow you to add and use your Card in Apple Pay.  We are not responsible for any failure of or inability to use Apple Pay for any transaction.  We are not responsible for the performance or non-performance of Apple or any other third parties regarding any agreement you enter into with them that impact your use of Apple Pay.

Card or Underlying Account Terms.  The terms and conditions applicable to your Card or the underlying account do not change as a result of adding or using your Card within Apple Pay.  Apple Pay is just another way you can use your Card to make purchases of goods and services at locations that accept Apple Pay.  Apple Pay may not be accepted at all places where your Card is accepted.  Any applicable interest, fees and other charges that apply to your Card or the underlying account will also apply when you use your Card within Apple Pay to make purchases.  

Notice regarding arbitration.  The agreement governing your Card or the underlying account contains an Arbitration Provision section which applies to claims arising from your use of your Card.   That provision also applies to any disputes between you and PNC Bank arising from your use of your Card within Apple Pay.

Eligibility.  You are only able to use a Card on an eligible mobile device.  An “eligible mobile device” is a mobile device in which Apple makes Apple Pay available for use (e.g., iPhone 6 and iPhone 6 Plus) and that has not been modified contrary to the device manufacturer’s guidelines, including but not limited to disabling hardware or software controls.  If we have indicated that the Card you wish to add to Apple Pay can be added, then for you to use the Card within Apple Pay the Card or the underlying account must also be in good standing and you must not otherwise be restricted from using Apple Pay based on any limitations imposed by Apple, your wireless service provider, and/or any third party associated with Apple Pay.

Use of Your Card.  Apple Pay enables you to use your Card and an eligible mobile device to make purchases of goods and services using near field communication technology.  When you register your Card in Apple Pay, your Card information is converted to a device-only account number and stored on your eligible mobile device.  The device-only account number may be used to pay for goods and services at participating merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments.  By selecting your Card within Apple Pay, following the instructions provided by Apple Pay, and placing your eligible mobile device near a merchant’s contactless-enabled point-of-sale terminal or reader, you are authorizing payment from your Card for the purchase of goods or services.

All purchases made using your Card in Apple Pay, including the delivery of such goods and services, returns, and warranties, are solely between you and the applicable merchant.  You acknowledge that PNC Bank does not endorse or warrant any merchants that are accessible using Apple Pay and we are not responsible for or liable for any loss or damage as a result of any interaction between you and a merchant.

Lost or Stolen.  If your eligible mobile device is lost or stolen, your Apple Pay authentication (e.g., fingerprint or similar authentication method, or PIN) is compromised, or if your Card has been used without your permission, you must notify us immediately.  If you fail to notify us immediately, you may be liable for part or all of the losses in connection with any unauthorized use of your Card in Apple Pay.

Offers.  Third parties, such as merchants, may present you certain discounts, rebates or other benefits in Apple Pay.  You acknowledge and agree that PNC Bank does not endorse or warrant any of these offers and we are not responsible for or liable for any loss or damage as a result of your acceptance or use of an offer.

Fees.  PNC Bank does not currently impose a fee for using your Card in Apple Pay.  However, Apple Pay or your wireless service provider may impose certain charges or other fees for use of Apple Pay. 

Consent.  You consent to receive electronic communications and disclosures from us in connection with your Card and its use in Apple Pay.  You agree that by providing telephone number(s), email addresses and other contact information to us now or at any later time, you authorize PNC Bank to contact you using such information regarding any of your PNC Bank accounts.  You also consent to PNC Bank using any means to call you at any telephone number(s) provided, including by (i) placing calls using an automated dialing system to a cell, VoIP or other wireless phone number and (ii) sending prerecorded messages or text messages to those numbers, even if you may be charged for the calls or text messages.  You also consent to PNC Bank monitoring or recording any phone call with you; contacting you by email or any other form of electronic communication and/or by fax in accordance with applicable law; and using third parties to contact you by phone, email, other electronic communication or by fax to the same extent as though PNC Bank were making those contacts itself.  If at any time you revoke this consent, we may suspend or cancel your ability to use your Card in Apple Pay.  

You acknowledge and agree that we may contact your wireless service provider and authorize your wireless service provider to disclose certain information about your wireless account, including but not limited to, your eligible mobile device phone number, IP address, name, address, and device data, in order to allow us to verify your identity and validate the information you provide to us.  

Data.  You agree that we may collect, transmit, store, and use certain information about you and your use of your Card in Apple Pay.  PNC Bank will use, share and protect your personal information in accordance with the privacy policy applicable to your Card or the underlying account.  You acknowledge that other third parties, such as Apple and Visa, will have access to certain details of Card transactions made using Apple Pay and any personal information that you may provide such third party directly.  You acknowledge that PNC Bank does not have control over the privacy and security of your information that may be provided to or held by Apple or other third parties that support Apple Pay and that any information you disclose to Apple or any third party is subject to their respective privacy policy and not the PNC Bank privacy policy applicable to your Card or the underlying account.

Third Party Agreements and Support.  Apple, your wireless service provider, and other third parties may have their own terms and conditions and other policies, such as privacy policies, and you are subject to those agreements when you agree to utilize their products and/or services.  PNC Bank is not responsible for and does not provide support or assistance with any products or services provided by Apple, your wireless service provider, or any other third party.  

Intellectual Property.  Apple Pay and Apple are trademarks of Apple Inc., registered in the U.S. and other countries.

Suspension; Cancellation.  PNC Bank reserves the right to discontinuing participating in Apple Pay.  We may suspend or cancel your use of your Card in Apple Pay at any time without notice and for any or no reason.  You agree that PNC Bank will not be liable to you or any third party for any blocking, suspension, cancellation, or termination of your use of your Card in Apple Pay.  You also acknowledge that use of a non-eligible mobile device to use your Card in Apple Pay is expressly prohibited, constitutes a breach of these Terms of Use, and is grounds for us to suspend, cancel, and deny further access of all Card in Apple Pay.  

Disclaimer of Warranties.  You expressly acknowledge and agree that use of your Card in Apple Pay is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.  No oral or written information or advice provided by PNC Bank, its authorized representatives or any third party shall create any express, implied or statutory warranty with respect to your use of your Card within Apple Pay.  PNC Bank will not be liable to you for any circumstances beyond our control that interrupt, prevent or otherwise affect your use of your Card within Apple Pay, such as unavailability of Apple Pay or your wireless service, communications, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection.   PNC Bank makes no guarantees about the information shown in Apple Pay.  PNC Bank is also not responsible for your mobile device or the software or hardware it contains and makes no representations, warranties, or guarantees concerning such matters.

Limitation of Liabilities.  Except as otherwise provided by law, in no event will PNC Bank, its direct or indirect subsidiaries, affiliates, shareholders, directors, officers, agents, employees, or representatives be liable for death, personal injury, property damage, or any incidental, special, indirect, punitive, exemplary or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of or damage to data, business interruption or any other commercial or financial damages, lost revenues, or other losses of any kind, arising out of this Agreement or in any way related to your use or inability to use your Card in Apple Pay however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.  

Indemnification.  You agree to indemnify, defend, and hold PNC Bank, its direct or indirect subsidiaries, affiliates, shareholders, directors, officers, agents, employees, and representatives harmless from and against any and all claims, damages, losses, liabilities and expenses (including all fees of counsel and all expenses of litigation or preparation thereof) which may be incurred or asserted against any of the above by any third party in connection with or arising out of (i) your use of a Card within Apple Pay or (ii) any breach of these Terms of Use by you, any joint accountholders, or authorized users you permit to use your Card or related information in 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.  

Governing Law.  The provisions of this Agreement will be governed by federal law and, to the extent that state law applies, the laws of the state that apply to your Card or underlying account agreement.  If a court decides not to enforce a part of this Agreement, this Agreement will then read as if the unenforceable or invalid part were not there.  All provisions in this Agreement are subject to any restrictions under applicable law.

Change in Terms.  We may change the terms of this Agreement from time to time and for any reason, except as prohibited by applicable law.  If required by applicable law, we will notify you of changes.

Notices.  Notices from you to us will be effective upon our receipt and reasonable time to process.  PNC Bank may notify you concerning these Terms of Use and use of your Card in Apple Pay by posting the notice on our website, through 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.

Important Legal Disclosures and Information

Member FDIC

Read a summary of privacy rights for California residents which outlines the types of information we collect, and how and why we use that information.