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MBNA Mobile App Terms
Please read the following terms and conditions ("Terms") carefully. By using the MBNA Mobile App ("Mobile App"), you acknowledge that you have understood and accepted these Terms. You will be bound by the Terms, which may be modified by MBNA, a division of The Toronto-Dominion Bank ("MBNA", "we", "us", "our", including our affiliates) from time to time and be made available to you in the Mobile App. If you do not agree to the Terms, you must immediately cease using the Mobile App and delete the Mobile App from your device.
By using the Mobile App, you also agree to be bound by MBNA's website Terms of Use and, as applicable, the MBNA Privacy Notice. The terms of each account agreement and other agreements that apply to your MBNA credit card(s) including any amendments (collectively, your “Account Agreement”), and the terms of the Electronic Access Agreement to use the online banking service offered by MBNA including any amendments (collectively the "EAA") supplement these Terms to the extent that you use the Mobile App to access applicable services, features, functionality, content or information about your MBNA credit card(s). For greater certainty, the Account Agreement continues to apply to your MBNA credit card(s) including when you use the Mobile App, and may describe, for example, the applicable fees, interest, and other terms and conditions that apply when you use your MBNA credit card(s) through the Mobile App. Nothing in these Terms changes your responsibilities under the Account Agreement or EAA.
Information about the Mobile App
You understand that the Mobile App may not provide you with access to all of the online services, features, functionality, content or information available through the online banking service offered by MBNA.
We may suspend, cancel or block your access to or use of the Mobile App, or change or terminate any aspect or feature of the Mobile App, at any time and for any reason, without notice or liability to you. We may discontinue the Mobile App as a whole at any time. If we do, MBNA will provide you with at least thirty (30) days' notice by email or through a notification in the Mobile App.
Your responsibilities
You are solely responsible for: (i) acquiring any hardware, device, wireless or Internet access required for you to use the Mobile App; and (ii) 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 the Mobile App or if your mobile device is capable of accessing the Internet.
You are responsible for the care and control of your mobile device (including but not limited to physical access to your device, your password, challenge questions and answers, PIN, passcode lock, and lock screen.
If we upgrade, update or modify the Mobile App (including bug fixes, patches and new versions provided to you, the "Modifications"), you may be required to promptly install and use the Modifications in order for you to be able to continue to access and use the Mobile App. MBNA may provide you with prior notice of the Modifications. However, if the Modifications are for the proper functioning of the Mobile App, or the safety and security of the Mobile App or any systems or networks, MBNA may not provide you with prior notice. MBNA is under no obligation to make Modifications.
License grant
You are granted a limited, revocable, non-transferable, non-exclusive license to use the Mobile App on a mobile device that you own or control. MBNA can terminate this license at any time and with or without any reason. The Mobile App is licensed, not sold, to you. You must not rent, lease, sell, redistribute or sublicense the Mobile App. You agree that MBNA retains all right, title and interest in and to the Mobile App including copies and portions of it. You may not decompile, reverse engineer, disassemble, and attempt to derive the source code of, modify, or create derivative works of, the Mobile App or any part of it. You may not use the Mobile App 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 MBNA 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 the Mobile App.
Limitation of liability
You agree that use of or inability to use the Mobile App is at your sole risk. You acknowledge that MBNA will not be liable for any losses or damages that you may suffer as a result of your use of the Mobile App, including if the MBNA App is unavailable for any reason. You understand that we do not warrant that the Mobile App will be uninterrupted or error-free, nor do we make any warranty as to the accuracy, reliability or availability of any information, service or merchandise provided through the Mobile App. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interpretation, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Mobile App, whether for breach of contract, tortious behaviors, civil liability, negligence, or under any other cause of action.
The Mobile App is provided "as is" and "as available" for your use without warranties or conditions of any kind. In no event will we or any person or entity involved in creating or producing the Mobile App be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential, or punitive, 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 the Mobile App, however caused, even if we are advised or made aware of the possibility of such damages.
You acknowledge that we will not be liable for any third-party claims or losses of any nature (including but not limited to lost profits, or punitive or consequential damages), and that we do not warrant or guarantee the timeliness, sequence, accuracy, authenticity, or completeness of any information provided to you through the Mobile App.
Indemnification by you
You hereby agree to defend, indemnify, and hold us (including third-party licensors and their respective directors, officers, shareholders, employees, agents and subcontractors) harmless from and against any liability, loss, claim, and expense, including legal fees and disbursements on a solicitor-client basis related to your violation of these Terms or your use of the Mobile App including the information provided to you through the Mobile App.
Links to other websites
The Mobile App may contain links to third-party websites. We are not responsible for the content, accuracy, or opinions expressed in such third-party websites. The inclusion of any third-party website does not imply the approval or endorsement of such third-party website by us. Furthermore, a link to a third-party website should not be construed to mean that we are affiliated or associated with that third-party entity or that it is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to the third-party websites. The content of any linked third-party website is not under our control, and if you choose to access any such website, you do so entirely at your own risk.
Submission of your information
All ideas, suggestions, information or materials transmitted or otherwise submitted to us by you via regarding the Mobile App ("Submissions") shall be deemed to be our property. We shall be free to use such information for any lawful purpose, including to use, copy, 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. We shall not have any obligation to keep any information confidential, except as otherwise specifically agreed to in writing by us or as required by law.
You hereby acknowledge that the Internet is not a secure medium and privacy cannot be guaranteed or ensured. We shall not be responsible for any damages that you or any third-party may suffer as a result of the transmission of confidential information that you make to us through the Internet or that you expressly or implicitly authorize us to make or for any errors or any changes made to any such transmitted information.
If you have a problem or concern
If you have a problem or concern, you may call us at 1.888.876.6262. For a more detailed overview of our complaint process visit us at https://www.mbna.ca/en/contact-us/complaint.
If you have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, you can contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1.866.461.3222 (en français 1.866.461.2232) or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.
We May Change these Terms at Any Time.
We may change these Terms at any time. The updated version of the Terms will be posted at https://www.mbna.ca/en/mobileapp/mobile-app-terms and be made available in the Mobile App and will indicate the effective date of the changes. The date of the most recent change to these Terms is shown at the top of these Terms. Your continued use of the Mobile App will be taken as your acknowledgement and agreement to be bound by changes to these Terms. If you do not accept a change to these Terms, you must uninstall the Mobile App. You agree to check https://www.mbna.ca/en/mobileapp/mobile-app-terms for updates to these Terms from time to time.
Terms drawn up in English
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.
Governing law
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to conflict of law principles, and you hereby consent and submit to the jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms.
To the extent that any portion of these Terms shall be determined to be unenforceable by a court of the Province of Ontario, such portion will be modified by such court to the extent necessary to cause such portion to be enforceable, and the remaining Terms will remain in full force and effect.