Mobile Wallet Terms and Conditions
1. Acceptance of Terms
These Mobile Wallet Terms and Conditions (the “Terms”) apply when you add, attempt to add, keep, or use an Earna Credit Card (the “Card”) in an eligible mobile payment wallet service (“Wallet”) on any compatible device that supports the Wallet (each, a “Device”). If you do not agree with these Terms, you must not add, attempt to add, use, or keep the Card in the Wallet. By adding or attempting to add the Card to a Wallet or using or keeping the Card in a Wallet, you accept and agree to be bound by these Terms.
Please read these Terms carefully. These Terms are a legal agreement between you and Earna and, along with the applicable Account Agreements, govern all Transactions made with the Card through a Wallet. The defined terms used in these Terms have the meaning(s) given to them in these Terms. If a term is capitalized but not defined in these Terms, it has the meaning given to it within your applicable Earna Cardholder Agreement (the “Cardholder Agreement”). The words “you” and “your” mean a Cardholder and the words “us”, “we”, “our”, or “Earna” mean Earna Inc. If you have any questions or concerns regarding these Terms or if you are having problems using your Card through the Wallet to make purchases, we encourage you to contact us through email at [email protected], through the Earna app, or by calling us at 1-800-777-2884.
2. Applicability of Terms
These Terms apply to your loading and use of your Card in each Wallet. You understand that your use of your Card in a Wallet is also subject to the agreements or terms of use of the Wallet provider, third-party wireless companies, and data service providers and other third parties who are involved in the operation of the Wallet, services related to the Wallet, transactions conducted using the Wallet, or provision of Devices, none of whom are related to or controlled by us (each, a “Service Provider”).
3. Adding a Card
Your Card may be added to an eligible Wallet by following the instructions of the Wallet provider and Earna. Only Cards that we indicate are eligible can be added to a Wallet. When eligible, your Card may be added to multiple Wallets and used on multiple Devices. You may not add a Card to a Wallet or use a Card in a Wallet if at any time: (i) your Card or related Account is not in Good Standing; (ii) your Card or Account has been cancelled, suspended or limited; (iii) we cannot authenticate the Card in accordance with our procedures; (iv) we suspect there may be fraud or suspicious activity in connection with your Card or use of your Card; (v) we have suspended or terminated your Card’s eligibility for use with a Wallet; or (vi) any other reason determined by Earna from time to time at its own discretion. Additional requirements or restrictions may also be imposed by Service Providers or Earna without notice.
4. Your Account Agreements Terms do not Change
The terms of the Cardholder Agreement and any other applicable agreement in place between you and Earna in respect of your Card or Account (the “Account Agreements”) do not change when you add an eligible Card to a Wallet and will continue to govern any Card enrolled in a Wallet. Nothing in these Terms supersedes, replaces or otherwise modifies your Account Agreements. This means that any applicable interest, fees and charges that apply to your Card will also apply when you utilize the Wallet to access your Card. When your Card is enrolled in the Wallet, your Device will be deemed a Card for the purposes of the Account Agreements, as the context requires.
While Earna does not charge you any fees for adding an eligible Card to a Wallet, the Wallet provider or other third parties (such as wireless carriers, data service providers and other Service Providers) may charge you service fees in connection with your use of your Device or the Wallet. Service Provider fees may form part of the transaction amount that is charged to your Card when using the Wallet and the nature and amount of those fees may be unknown to us. You agree that Service Provider fees may be charged to your Card when processing a transaction conducted using the Wallet and that you are responsible for paying such Service Provider fees. You agree that Earna is not responsible for identifying, disclosing, or verifying Service Provider fees.
5. We are not Responsible for the Wallet
Earna is not responsible for the performance or non-performance of the Wallet or for you being unable to use the Wallet for any transaction. The Wallet may not be accepted everywhere your Card is accepted, including outside of Canada. Earna is not responsible or liable in the event that a merchant refuses to accept a payment using the Wallet.
Because Earna is not the Wallet provider, you agree and acknowledge that your use of the Wallet is at your own risk and Earna is only responsible for the Card and for supplying information securely to the Wallet provider to allow the Card to be used in the Wallet. Earna does not control, operate, or maintain the Wallet, the Wallet providers, Service Providers, or the wireless networks, nor does it provide support for any hardware, software, Service Providers or other third-party services related to the Wallet or your Device. Earna is not responsible for the security, accuracy or any other aspect of the content or function of the Wallet or for any third party’s products or services provided in connection with the Wallet.
Earna is not responsible for the security of any information provided to or stored by the Wallet provider, stored on your Device, or shared with third parties in connection with your Wallet, whether this information was provided by you, the Wallet provider, payment services, or merchants. The security of such information is outside of Earna’s control, Earna is not responsible if there is a security breach affecting any information stored, collected or sent in connection with the Wallet. The Wallet may be terminated by the Wallet provider at any time.
To the fullest extent permitted by law, the Card in the Wallet is provided to you “as is” and “as available” with all defects that may exist from time to time and without warranty of any kind. Earna further disclaims all warranties and conditions with respect to the Wallet. To the maximum extent permitted by law, Earna is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of or inability to use the Wallet, even if advised of the possibility of such damages.
6. Security
You are responsible for the care and safety of your username, user ID, passwords, passcodes, PIN, one-time password and any other information (including biometric information) and credentials required for you to access your Device, make purchases with your Card using the Wallet or using other Wallet services (“Security Credentials”). You will keep the Security Credentials confidential and secure from all persons. If you share your Security Credentials or Device with others (including without limitation, by allowing others to enroll their fingerprint, facial recognition, set up a passcode on your Device, or otherwise), they may be able to access your Device and the Wallet to make purchases with your Card through the Wallet, view transactions on your Device (including by way of Notifications, which may be visible on your Device without any requirement for you to enter a login or password), or otherwise obtain your personal information, which Earna shall not be liable for. Only the individual whose name is on the Card should add the Card to the Wallet. You may only add the Card to the Wallet on your own Device.
You must notify us immediately by contacting us in the event that you believe your Security Credentials or your Device have been lost, compromised or stolen or that someone may have used your Security Credentials without your authorization. You may also need to notify your Wallet provider.
Except as expressly provided in these Terms, the Account Agreements, or unless prohibited by law, you are responsible and liable for all transactions conducted through the Wallet using your Card. Please refer to your Account Agreements for more information about your liability for unauthorized transactions or how we will resolve any potential fraudulent purchases.
7. Using the Wallet
The Wallet provides you with another method to make purchases with your Card. The Wallet allows you and anyone else who has access to, and use, of your Device to make purchases using a Card that has been added to the Wallet wherever the Wallet is accepted, subject to Card activation and pre-set limits (which are subject to change). When you use your Card through the Wallet to transact with a merchant, it is the same as if you swiped, inserted, waved, tapped, or otherwise presented your physical Card or signed the prepaid card slip or electronic signature device presented by the merchant or input your personal identification number to transact.
Wallet transactions will be added to your Account and monthly statements. You are financially responsible for all such transactions and associated interest charges and fees in accordance with the Account Agreements. Please remember if you are using a Card in the Wallet that requires you to activate the Card, you may have to activate the Card before using it in the Wallet.
Earna, the Wallet provider, and/or the merchant may, in each of their discretions, establish from time to time a maximum dollar limit for a single transaction that may be completed using your Card to make purchases through the Wallet. As a result, you may not be able to use the Wallet to complete a transaction, even if your Card and Account is in Good Standing. If a transaction is not completed because it exceeds a maximum dollar limit, we encourage you to use your physical Card to complete the transaction.
You understand that your use of a Wallet will also be subject to the applicable agreements or terms of use with the Wallet provider and other third parties or Service Provider.
8. Removing a Card from the Wallet
We reserve the right to discontinue offering or supporting any Card enrolled in the Wallet. We can, in our discretion, also block, suspend, restrict or terminate the use of an otherwise eligible Card from the Wallet at any time, subject to applicable law, including if: (i) we suspect fraud or suspicious activity on your Card; (ii) your Card or Account is no longer in Good Standing; (iii) you violate these Terms or your Account Agreements; or (iv) applicable laws change. You can remove your Card from the Wallet by following the Wallet provider’s procedures for removal.
Before you sell, give away, transfer it temporarily to a third party (for example, for repair purposes) or dispose of your Device, you must remove your Cards from the Wallet, otherwise the Card may be available to the person who obtains your Device, and you will remain responsible for any transactions completed with your Device.
9. Notifications
You may receive notifications, through a notification system on your Device, upon completing transactions using your Card, including transactions linked to both your physical Card and the Wallet (each a “Notification”). You may turn off Notifications at any time by adjusting the settings in the operating system of your Device, as applicable under the Wallet provider’s terms. Earna is not responsible for any failure to provide you with information (including Notifications) through the Wallet at any time or for any reason. You should not rely on Notifications to confirm the final amount of any transaction. There may be transactions for amounts that are different than the final purchase amount when it is posted to your Account. Refer to your Account or to your monthly statement as applicable, to confirm the final amount of any transaction.
10. Privacy
By requesting to enroll a Card in the Wallet, you acknowledge that Earna will collect from you and share with the Wallet provider and with other Service Providers, certain personal information about you to enable you to enroll your Card in the Wallet and use the Wallet. Such information includes your name, your address, and information about your Card. You understand and acknowledge that the Wallet provider and other Service Providers will also have access to certain details with respect to your Card and Transactions made using the Wallet. Earna uses and shares this information with the Wallet provider and with other Service Providers:
a. to verify your identity;
b. to authenticate the provisioning of your Card to the Wallet provider;
c. to provide you access to the Wallet;
d. to support your Card in the Wallet;
e. to complete any purchase you make using the Card through the Wallet;
f. to make transactional information available to you in the Wallet (for example, to display transactions linked to both your physical Card and the Wallet);
g. to monitor your Account and Card for fraud;
h. for internal analytics and reporting; and
i. to monitor and enforce Earna’s Privacy Policy.
You hereby consent to the collection, use and disclosure of your information for these additional purposes and in accordance with our Privacy Policy, which can be accessed at www.earna.ca/legal. You can withdraw your consent at any time, subject to our legal and contractual requirements; however, if you withdraw your consent this may limit your ability to use the Wallet. For any privacy-related inquiries, including requests for access or correction of your personal information, please contact Earna’s Privacy Officer in accordance with our Privacy Policy.
You acknowledge and agree that any information provided to the Wallet provider or other Service Providers is subject to their security policies and governed by their respective privacy policies. Earna does not control these entities and is not responsible for their privacy practices, security measures, or any data they collect independently from you or your Device. We are not responsible for any loss, injury or other harm you suffer in connection with the use of your information by the Wallet provider or Service Providers.
You acknowledge and agree that we may, from time to time, communicate with you about the use of your Card and Wallet using the contact information you have previously provided.
11. Amendments / Termination
Earna reserves the right to stop participating in the Wallet and accordingly, Earna may terminate these Terms and availability of the Wallet for your Cards at any time. Earna may also amend these Terms at any time without providing notice to you of such amendments unless we are required to do so under applicable laws. Notice of the amendments may be given either before or after the coming into effect of such amendments. If we amend these Terms, we will tell you about the amendment by posting a revised version on our Website. Your use of your Card in the Wallet after the later of either the notice or the date the amendment comes into effect, constitutes your consent to such amendments. You can terminate these Terms at any time by removing all your Cards from the Wallet.
12. Notices
By enrolling your Card in the Wallet, you consent to receive electronic communications, Notifications and messages from Earna and from Service Providers working on our behalf to service your Accounts with respect to the use of your Card in the Wallet, including enrollment and transaction information, by way of: (i) email, to the e-mail address you have provided to us in connection with your Card and the Wallet; (ii) by SMS text; (iii) through the Wallet and/or Wallet provider itself; and (iv) through Notifications. You agree to update your cellular telephone number and e-mail address in the event that it changes through Earna’s in-app functionality or by contacting us. You may contact us if you wish to withdraw your consent to receive such electronic Notifications, but if you do so, you may be unable to use the Wallet.
13. Choice of Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with Canadian law and the laws of the Approved Province in which we deem you are residing in accordance with the Cardholder Agreement. This province will also be the place of the contract. You agree to submit to and be bound by these laws and the courts of that province or territory in the event of any disputes arising in connection with your Cards, Account and/or this Agreement. If you reside outside of Canada or in an Excluded Province, this Agreement will be governed by and interpreted in accordance with the laws of Ontario.
14. Headings
The headings to each section of these Terms are added for convenience and do not change the meaning of any provision of these Terms.