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 credit card, debit card, 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.
USING UGO WALLET
9. 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.
10. 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.
BALANCE ACCOUNT FEATURE (formerly known as "UGO Pay" feature)
11. UGO enables you to maintain funds in a balance account (the "Balance Account") within your UGO Wallet, to send and receive funds to and from other UGO users, and to use the funds to purchase goods or services at select merchants. Subject to the limits described in these Terms, you can load Canadian dollar funds into your Balance Account by way of an eligible Canadian debit or credit card. You may load funds only using a debit or credit card that belongs to you.
12. To use the Balance Account feature, you must be an individual (not a corporation or a business) and at least 13 years old. By using this feature, you represent and warrant that you are an individual and at least 13 years old.
13. The Balance Account is not a deposit account and is not insured by the Canada Deposit Insurance Corporation nor any provincial deposit insurance program.
14. You must load a minimum of $5.00 in any single transaction. UGO will impose certain limits on the amount you can load into your Balance Account in any single transaction and in any one calendar month, but in no case will either limit exceed $999.99. For further information about the current load limits, please contact UGO using the details provided in Section 45 below. We reserve the right to limit or block your attempts to load funds, including any attempts to load we may deem suspicious or any other reasons set forth in this Agreement. The maximum balance that you can have in your Balance Account at any time is limited to $5,000.
15. Funds in your Balance Account do not expire. You only have one Balance Account in your UGO Wallet. Subject to UGO's rights in Section 20, the Balance Account cannot be closed or deleted and is a part of your UGO Wallet. You may carry a zero balance in your Balance Account. Your Balance Account cannot have a negative balance.
16. UGO will hold your funds separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. UGO will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, UGO will combine your funds with the funds of other users and place those pooled funds into pooled accounts with one or more banks. These pooled accounts will be held in UGO's name for the benefit of its collective users.
17. You agree that you will not receive interest or other earnings on the funds that UGO handles as your agent and places in pooled accounts. In consideration for your use of your Balance Account, you irrevocably transfer and assign to UGO any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in these Terms grants UGO any ownership right to the principal of the funds you maintain with UGO. In addition to or instead of earning interest on pooled accounts, UGO may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.
18. You authorize us to debit your Balance Account if the load of funds into your Balance Account by way of an eligible Canadian debit or credit card is later invalidated for any reason, by the amount of such funds. If there are insufficient funds in your Balance Account to cover your liability, you agree to reimburse UGO through other means.
19. To secure your performance of this Agreement, you grant to UGO a lien on and security interest in and to the funds held in your Balance Account in the possession of UGO.
20. We may suspend, terminate, or impose limits on your Balance Account or your use of UGO Wallet at any time due to security or other reasons, in our sole discretion. YOU HEREBY AGREE TO RELEASE UGO FROM, TO NOT MAKE, AND TO IRREVOCABLY WAIVE ANY RIGHT YOU OTHERWISE MIGHT HAVE TO MAKE ANY CLAIM IN CONNECTION WITH ANY SUCH LIMITS, TERMINATION OR SUSPENSION.
BALANCE ACCOUNT TRANSFERS
21. You can transfer funds using your UGO Wallet, by sending funds in your Balance Account to another UGO Wallet user or by receiving funds into your Balance Account from another UGO Wallet user (collectively, a "Transfer"). All Transfers are in Canadian dollars. All Transfers must comply with Canadian law. You must transfer a minimum of $5.00 in any single Transfer. UGO will impose certain limits on the maximum amount per Transfer and in any one calendar month, but in no case will either limit exceed $999.99. For further information about the current Transfer limits, please contact UGO using the details provided in Section 45 below. We reserve the right to refuse your requests for Transfers, and we reserve the right to limit or block or reverse Transfers, including any Transfers we may deem suspicious or any other reasons set forth in this Agreement. YOU HEREBY AGREE TO RELEASE UGO FROM, NOT TO MAKE, AND IRREVOCABLY WAIVE ANY RIGHT YOU OTHERWISE MIGHT HAVE TO MAKE, ANY CLAIM IN CONNECTION WITH ANY SUCH REFUSAL, LIMITATION OR BLOCK.
22. Each time you initiate or accept a Transfer through UGO Wallet you are authorizing us to debit or credit your Balance Account to complete the Transfer. You also authorize us to debit your Balance Account, if a sender did not have sufficient good funds to pay for a Transfer that was credited to you, or if the Transfer is later invalidated for any reason, by the amount necessary to pay for such Transfer. In addition to any other liability, you will be responsible for the amount of the Transfer sent by the sender if there is a chargeback or a reversal of the Transfer. If there are insufficient funds in your Balance Account to cover your liability, you agree to reimburse UGO through other means.
23. You agree that you will notify in advance any potential recipient to whom you are sending a Transfer that you are sending funds to them and will obtain their consent to provide their mobile phone number to UGO for that purpose.
24. You must have a positive balance in your Balance Account to send a Transfer.
25. If you send a Transfer, we will debit your Balance Account and send a notification to the recipient using the information you provided. If the recipient accepts the Transfer within 30 days, then the funds will be credited to the recipient's Balance Account. If the recipient does not accept the Transfer within 30 days, or if you cancel the Transfer before it is accepted, we will cancel the Transfer and credit your Balance Account for the full amount you tried to send. Once the Transfer has been accepted by the recipient, it cannot be changed, withdrawn, or cancelled by you. UGO IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND ANY OTHER PARTY TO A TRANSFER. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PERSON, AND AGREE NOT TO INVOLVE UGO IN SUCH DISPUTES.
26. We are not responsible for the actions or omissions of the persons to whom you send a Transfer, or from whom you receive a Transfer, and you hereby agree to release us from, not to make, and irrevocably waive any right you otherwise might have to make, any claim in connection with such actions or omissions.
BALANCE ACCOUNT PURCHASES
27. You may use your Balance Account to make purchases at select merchants by way of a merchant-issued gift card made available through this feature. The applicable terms of the merchant-issued gift card made available through this feature will apply to the use of your card and your use of UGO Wallet to purchase the card.
28. You must have a positive balance in your Balance Account to make a purchase.
29. Each time you make a purchase through your Balance Account you are authorizing us to debit the amount of the purchase from your Balance Account to complete the purchase by way of the merchant-issued gift card.
30. Once you have completed a purchase using your Balance Account, it cannot be changed, withdrawn, or cancelled by you.
31. UGO is not responsible for any account and/or benefits, goods or services purchased with your Balance Account. 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.
BALANCE ACCOUNT CASH OUT
32. You may cash out all or part of your funds from your Balance Account using any of the cash-out means made available by UGO. In order to cash out you must provide all information required by and follow any instructions given by UGO. Subject to Section 20, there is no limit to the number of cash-out transactions you may undertake as long as you have sufficient funds in your Balance Account and you provide all information required by UGO and follow all instructions given by UGO. UGO reserves the right to delay cash-out transactions while it screens for risk, or to request that you provide additional information to verify your identity and UGO may limit the amount you can withdraw until the information is verified.
CARE AND CONTROL OF YOUR MOBILE DEVICE, UGO WALLET AND USER INFORMATION
33. 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.;
- ensure that User Information is unique.
LOST OR STOLEN MOBILE DEVICE AND UNAUTHORIZED ACCESS TO YOUR USER INFORMATION
34. 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 ALL THE MONEY IN YOUR BALANCE ACCOUNT. IF YOU DO NOT CONTACT US IMMEDIATELY YOU AGREE TO ACCEPT THIS RISK.
DISPOSING OF YOUR MOBILE DEVICE
35. 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
36. 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: ensure that you have a zero balance and no pending transactions in your Balance Account. Third: 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
37. 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
38. 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.
39. 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.
40. 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
41. 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
42. 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
43. 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 43, and will have the right to enforce these Terms against you as third party beneficiaries of these Terms.
THIRD PARTY WEBSITES
44. 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
45. If you have a problem or concern with the performance or functioning of UGO Wallet you may call UGO toll free at 1-844-838-1192 or e-mail UGO at firstname.lastname@example.org.
TERMS DRAWN UP IN ENGLISH
46. 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
47. 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 36. You may review the most current version of the Terms at any time by selecting the "Help" or "Help & Support" link in UGO Wallet.