UGO WALLET Terms and Conditions
By using UGO Wallet you accept:
The following terms and conditions, and any amendments (the “Terms”) are a legal agreement between you (“you” or “your”) and UGO Mobile Solutions, a division of The Toronto-Dominion Bank, (“UGO”, “we” or “us”) for your use of UGO, a mobile wallet application (“UGO Wallet”). For purposes of these Terms, “Card” means a loyalty card, gift card, membership card, stored value card, or other card that UGO determines is eligible to be used with UGO Wallet.
1. For the purposes of UGO Wallet, UGO will collect information you provide directly to us, including your contact and Card information and the information you provide to facilitate any transactions through your UGO Wallet. If you choose to use the Receipts functionality as described in Sections 7 and 8 below, UGO will also collect information contained on (a) the receipts you submit to UGO Wallet and (b) the receipts and any other emails you forward or otherwise have sent to your UGO personalized email address “@ugowallet.ca” in order to administer the receipt functionality and as otherwise described in Sections 7 and 8 below. We also collect device-related information such as your mobile device identification number (IMEI), geo-location (if enabled on your device), Integrated Circuit Card Identifier (ICCID) which identifies your Subscriber Identity Module (SIM) card, Internet Protocol (IP) address, and other information arising from your use of UGO Wallet (The information described in this paragraph, collectively referred to as “Information”).
3. You consent to the following being loaded by UGO to your mobile device in order to be able to use UGO Wallet: (i) applications that are offered by UGO; and (ii) your Information. In addition to the foregoing, you acknowledge that UGO may access and use Information which was previously loaded to your mobile device in order for UGO to be able to provide you with UGO Wallet.
GIFT CARD, LOYALTY CARD, MEMBERSHIP CARD AND OTHER CARD FEATURE
4. UGO Wallet enables you to use your mobile device to load and store digital representations of gift cards, loyalty cards, membership cards and other cards that UGO determines is eligible to be used with UGO Wallet, or to manually load such cards (the “Gift, Loyalty, Membership and Other Card Feature”).
5. For purposes of the Gift, Loyalty, Membership and Other Card Feature, and Receipts (as defined below), you agree not to add to UGO Wallet (a) any government-issued ID card or any other regulated credentials, (b) any credentials where prohibited by applicable law from doing so, (c) any credit card numbers, PINs or photographs or digital representations of any credit cards and (d) any material that is inappropriate in nature (as may be determined by UGO). This means that any material you upload must not contain, depict or involve (without limitation) any of the following, as determined by UGO: profanity or otherwise offensive language; nudity or pornographic material; derogatory characterizations of any ethnic, racial, gender, professional, age or religious groups; content that endorses or condones any illegal, inappropriate or risky activity or behaviour or any particular political agenda or message; any content that defames, misrepresents or contains disparaging remarks about other people, products, services, or companies; content that endorses any form of hate or hate group; or any other content that is or could be considered illegal, inappropriate, unsuitable or offensive, all as determined by UGO.
6. Your Gift, Loyalty, Membership and Other Cards can be backed up to the UGO Cloud using the backup feature. In case of loss or theft of or damage to your mobile device or its operating system, the restore feature may be used to restore Gift, Loyalty, Membership and Other Cards that you have backed up once you re-establish your UGO Wallet. (Together the “Backup and Restore Feature”). If there is a physical copy of a gift, loyalty, membership or other card, you should keep the physical copy, regardless of whether you have added such Card to UGO Wallet in the case of theft of or damage to your mobile device or its operating system that has occurred since the backup feature was last used.
UGO RECEIPTS FEATURE
7. UGO Wallet also enables you to use (1) your mobile device to upload pictures of your paper receipts; or (2) to send electronic receipts to UGO Wallet using a personalized email address at a “@ugowallet.ca” domain and (3) store the digital representations of the paper or electronic receipts in UGO Wallet (“Receipts”). This feature will digitize your receipts so that you may categorize your Receipts, add notes, organize, search and perform any other functionality as provided in the UGO Wallet. The information contained in the digital representation of your Receipts may also include your name, portions of your card account numbers, description of the good and services, and any other information provided in the paper or electronic receipt (collectively, the “Receipt Data”). Although merchants are required to mask full credit and debit card numbers in the receipt, you should review your paper receipts carefully before you upload them or send them to UGO Wallet. With a compatible device, you can also export Receipts and Receipt Data in .pdf, .csv, and .xls formats to your local device for future use.
You understand that the personalized email address “@ugowallet.ca” is not an email that can be accessed through an inbox and you will not be able to use this address as an email other than to forward receipts to it or provide it to a merchant to send electronic receipts. Certain emails sent to your personalized “@ugowallet.ca” email address may not be recognized as electronic receipts and may be deleted forever unless you take the required action in the time frame set out in the UGO Wallet. Certain emails sent to your personalized “@ugowallet.ca” email address which may contain viruses will be deleted and cannot be recovered.
8. Certain Receipts functionality will only be available when UGO Wallet can access cellular data or wireless networks. Your Receipts will be automatically backed up when connected to cellular or data networks. You should keep a physical copy of the Receipt in case a merchant requires one for return or warranty purposes.
ELECTRONIC GIFT CARDS PURCHASE AND GIFTING FEATURE
9. UGO Wallet enables you to (1) make purchases of electronic gift cards (“e-Gift Cards”) on your mobile device (“Purchase”) and (2) gift e-Gift Cards purchased to a recipient of your choice.
10. You can make purchases of e-Gift Cards by way of an eligible Canadian credit or debit card that belongs to you or a business or corporation that has provided you with permission to make this Purchase. To use the Purchase feature, you must be at least 13 years old. By using this feature, you represent and warrant that you: (1) have all necessary permission to make this Purchase, (2) are responsible for any fees or other charges from your credit or debit card issuer associated with this Purchase, and; (3) you are at least 13 years old. You may be charged fees by your credit or debit card issuer when you make your e-Gift Card Purchase on the UGO Wallet. Please contact your credit or debit card issuer prior to making any Purchase for further details on any fees or other charges that may be imposed.
11. You may not return or cancel e-Gift Cards following the completion of the Purchase transaction.
12. You acknowledge that in no event is UGO liable for any loss or damage suffered by you that is caused by you (1) providing us with incorrect or non-operational contact information of the intended recipient of the e-Gift Card; (2) if someone other than the intended e-Gift Card recipient uses or claims an e-Gift Card; or (3) if you, or the intended recipient deletes, or is unable to access the email containing the e-Gift Card or any information necessary to access the e-Gift Card.
13. e-Gift Cards have cash value and should be safe-guarded accordingly. Ownership and risk of loss of e-Gift Cards are passed to the purchaser following the completion of the Purchase transaction. UGO is not responsible for any loss or damage resulting from stolen or lost e-Gift Cards, including the use of the e-Gift Card without your permission. UGO is not responsible for replacing your lost or damaged e-Gift Card, nor will UGO be held liable if the email containing the e-Gift Card is lost or otherwise intercepted by an unintended recipient.
USING UGO WALLET
14. When you use your Card through UGO Wallet to transact with a merchant it is the same as if you swiped, inserted, waved or tapped or otherwise presented your physical Card or signed the credit card slip or electronic signature device presented by the merchant. UGO may suspend, cancel or block your access to or use of UGO Wallet at any time and for any reason, without notice or liability to you. UGO may also, from time to time, remove one or more of your Cards from UGO Wallet with or without notice to you. Not all features of a Card may be available for use in UGO Wallet. If there is a physical copy of a Card, you must keep the physical copy, regardless of whether you have added such Card to UGO Wallet. You also may never add another person’s Card to UGO Wallet.
15. UGO is not responsible for any account and/or benefits, goods or services associated with a Card. Such accounts and/or benefits, goods or services are subject to the terms set by the companies providing them and any disputes must be settled directly with these companies.
CARE AND CONTROL OF YOUR MOBILE DEVICE, UGO WALLET AND USER INFORMATION
16. You are responsible for the care and control of your mobile device, UGO Wallet (including the Cards loaded into UGO Wallet) and all of your user identification including user names, passwords, PINs, passcodes, safekeys, safepictures, and if applicable, biometric identification (e.g. registered Touch ID fingerprints), verification questions and answers (“User Information”). You must take reasonable steps to safeguard and protect your mobile device, UGO Wallet and User Information.
- keep possession of your mobile device;
- not allow others to use UGO Wallet 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 your mobile device;
- keep your User Information strictly confidential and not share it with anyone;
- not permit any biometrics other than your own to unlock your device. If you have enabled biometric authentication on your phone such as Touch ID, all of the individuals whose biometrics are stored on the device will be able to access the App and you accept responsibility for all authorized transactions regardless of whether the transaction is completed by you or any person with biometrics saved to your device;
- 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 Device Locks and User Information that may be easily determined by others, such as birthdays, phone numbers, age, etc.; and
- ensure that User Information is unique.
LOST OR STOLEN MOBILE DEVICE AND UNAUTHORIZED ACCESS TO YOUR USER INFORMATION
17. IN THE EVENT OF A LOSS, THEFT OR UNAUTHORIZED DISCLOSURE OF YOUR UGO USERNAME OR PASSWORD OR THE LOSS OR THEFT OF YOUR DEVICE, THERE IS A RISK YOU COULD LOSE ACCESS TO ANY CARDS IN YOUR ACCOUNT, INCLUDING ANY BALANCE REMAINING ON AN E-GIFT CARD PURCHASED THROUGH UGO WALLET. IF YOU DO NOT CONTACT US IMMEDIATELY TO RESTORE ACCESS TO THE ACCOUNT, WHICH MAY OR MAY NOT BE POSSIBLE, YOU AGREE TO ACCEPT THIS RISK.
DISPOSING OF YOUR MOBILE DEVICE
18. Before you sell, give away, or dispose of your mobile device, you must disable your UGO Wallet user account as described in Section 36 below.
DISABLING YOUR UGO WALLET USER ACCOUNT
19. You may disable your UGO Wallet user account at any time by completing the following steps: First: export any Receipts you may need and remove all of your Cards from UGO Wallet. Second: uninstall UGO Wallet from your mobile device. You must complete all steps to disable your UGO Wallet user account. If you do not remove all of your Cards from UGO Wallet you will be responsible for all transactions completed through UGO Wallet even if you uninstall UGO Wallet. If you have used the Backup and Restore Feature to back up your Loyalty, Gift, Membership and Other Cards, you must still complete the above steps before disabling or disposing of your mobile device. Backups of your Receipts and Loyalty, Gift, Membership and Other Cards are saved to the cloud even if you disable your UGO Wallet as described above.
RESPONSIBILITY FOR YOUR MOBILE DEVICE AND TO YOUR MOBILE DEVICE PROVIDER
20. You are solely responsible for: (a) obtaining any hardware, device, wireless or Internet access you need to use UGO Wallet; (b) following the terms of all third party agreements that apply when using UGO Wallet including, but not limited to, the wireless data service agreement of your wireless service carrier; and (c) any fees or other charges imposed by your mobile device provider, wireless services carrier or Internet service provider. It is your responsibility to determine if your mobile device provider, wireless services carrier or Internet service provider supports UGO Wallet or if your mobile device is capable of accessing the Internet.
INSTALLING AND USING MODIFICATIONS TO UGO WALLET
21. If we upgrade, update or modify UGO Wallet (including bug fixes, patches and new versions provided to you, the “Modifications”), you may be required to promptly install and use the Modifications for you to be able to continue to access and use UGO Wallet. UGO may provide you with notice of the Modifications. However, if the Modifications are for the proper functioning of UGO Wallet, or safety or security of UGO Wallet or any systems or networks, UGO may not provide you with notice. UGO is under no obligation to make Modifications.
22. You are granted a limited, revocable, non-transferable, non-exclusive license to use UGO Wallet on a mobile device that you own or control. UGO can terminate this license at any time and with or without any reason. UGO Wallet is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense UGO Wallet. You agree that UGO retains all right, title and interest in and to UGO Wallet 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, UGO Wallet or any part of it. You may not use UGO Wallet or a Card 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 UGO 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 UGO Wallet.
23. If you want to submit ideas, suggestions or materials to UGO regarding UGO Wallet (or any other particular product or service offered by UGO (“Submissions”)), through any means whatsoever, you grant to UGO and its contractors and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide license to use, copy, modify, 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.
DISCLAIMER OF DAMAGES AND WARRANTY
24. YOU AGREE THAT YOUR USE OF OR INABILITY TO USE UGO WALLET IS AT YOUR SOLE RISK. UGO WALLET 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 NONINFRINGEMENT.
LIMITATION OF LIABILITY
25. YOU AGREE THAT TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL UGO OR ANY OF UGO’S OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, 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 OF OR INABILITY TO USE UGO WALLET, HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF OR RELATING TO ANY FAILURE TO COMPLETE A TRANSFER OR A PURCHASE AS A RESULT OF UGO WALLET NOT WORKING PROPERLY.
THIRD PARTY BENEFICIARIES
26. You acknowledge that these Terms are between you and UGO and not with the app store provider (i.e. Google Inc. or Apple Inc.). You agree that the app store provider and its affiliates, and the wireless services carrier: (a) are not liable to you in any way whatsoever for the distribution, use, performance or non-performance of UGO Wallet; (b) have no obligation whatsoever to furnish any maintenance or support services to you for UGO Wallet; (c) are not responsible for addressing any claims you may have relating to UGO Wallet or your possession or use of UGO Wallet, including, but not limited to, product liability claims, any claim that the UGO Wallet fails to conform to any applicable legal or regulatory requirements, and any claims arising under consumer protection or similar applicable law; (d) are not responsible for the investigation, defense, settlement or discharge of any third party claims that UGO Wallet or your possession or use of UGO Wallet infringes that third party’s intellectual property rights; and (e) are third party beneficiaries to these Terms solely in respect of this Section 26, and will have the right to enforce these Terms against you as third party beneficiaries of these Terms.
THIRD PARTY WEBSITES
27. UGO Wallet may provide links to third party websites. UGO does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under UGO’s control, and if you choose to access any such website, you do so entirely at your own risk.
IF YOU HAVE A PROBLEM OR CONCERN
28. If you have a problem, concern, or complaint with the performance or functioning of UGO Wallet, or any other inquiries you may call UGO toll free at 1-844-838-1192 between Monday to Friday, between 9am and 6pm Eastern Time or e-mail UGO at email@example.com. At any time, you may request an escalation to speak to a manager at the number and/or email above.
29. Since UGO is a division of the Toronto-Dominion Bank you also have the option of escalating your complaint to the TD Ombudsman. The TD Ombudsman’s Office is an independent body within TD responsible for reviewing customer complaints that remain unresolved after the completion of the first step identified immediately above. Escalations to the TD Ombudsman’s Office must be made in writing. You can send your complaints to:
Mail: Attn: Office of the Ombudsman P.O. Box 1, Toronto-Dominion Centre, Toronto, ON M5K 1A2
If you have questions about the Ombudsman’s process, or require assistance in escalating your complaint you may call 1-888-361-0319 or visit the website below for more information: www.td.com/ombudsman.jsp
TERMS DRAWN UP IN ENGLISH
30. It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais.
CHANGES TO THESE TERMS
31. 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 http://www.ugo.ca 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 UGO Wallet and you must immediately disable your UGO Wallet user account as described in Section 19. You may review the most current version of the Terms at any time by selecting the “Help” or “Help & Support” link in UGO Wallet.