These Terms for Adding Your BBVA Compass Card to a Digital Wallet (the “Terms”) apply to your use of a BBVA Compass credit card or debit card (“BBVA Compass Card”) with a Digital Wallet (“Wallet”). In these Terms, “you” and “your” refer to the cardholder of the BBVA Compass Card, and “we,” “us,” “our,” and “BBVA Compass” refer to Compass Bank.
When you add a BBVA Compass Card to the Wallet, you agree to these Terms:
- Use of Wallets and BBVA Compass Cards. A Wallet can enable you to create virtual representations of your eligible BBVA Compass Card(s) on your mobile device. This may permit you to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using your eligible BBVA Compass Card and the Wallet (in lieu of you presenting your physical Eligible Card) and (ii) in-app or other digital commerce payments at merchants participating in the Wallet. To complete transactions above a certain dollar amount, merchants may require presentation of a physical companion card or a government-issued form of identification for inspection to authenticate your identity.
- Adding Your BBVA Compass Card. You can add an eligible BBVA Compass Card to the Wallet by following the instructions of the Wallet provider. Only BBVA Compass Cards that we indicate are eligible can be added to the Wallet. We may, in our sole discretion and for any reason permitted by law, determine that your BBVA Compass Card is not eligible for enrollment in the Wallet. If you are a minor (i.e. under the age of 18 unless you are in Alabama or Nebraska, where it is defined as under 19, or Puerto Rico or Mississippi, where it is defined as under 21), you need the consent of your parent or guardian to accept these Terms. You represent and warrant that you have this consent and that you otherwise have the capacity to enter into the Terms. When you add a BBVA Compass Card to the Wallet, the Wallet allows you to use the BBVA Compass Card to enter into transactions where the Wallet is accepted. The Wallet may not be accepted at all places where your BBVA Compass Card is accepted.
- Your BBVA Compass Card Terms Do Not Change. The terms and account agreement that govern your BBVA Compass Card do not change when you add your BBVA Compass Card to the Wallet. The Wallet simply provides another way for you to make purchases with the BBVA Compass Card. Any applicable interest, fees, and charges that apply to your BBVA Compass Card will also apply when you use the Wallet to access your BBVA Compass Card. BBVA Compass does not charge you any additional fees for adding your BBVA Compass Card to the Wallet or using your BBVA Compass Card in the Wallet. The Wallet provider and other third parties such as wireless companies or data service providers may charge you fees.
- BBVA Compass Is Not Responsible for Non-BBVA Compass Wallets. If BBVA Compass is not the provider of the Wallet and we are not responsible for providing the Wallet service to you, then we are only responsible for supplying information securely to the non-BBVA Compass Wallet provider to allow usage of the BBVA Compass Card in the non-BBVA Compass Wallet. We are not responsible for any failure of a non-BBVA Compass Wallet or the inability to use the non-BBVA Compass Wallet for any transaction. We are not responsible for the performance or non-performance of the non-BBVA Compass Wallet provider or any other third parties regarding any agreement you enter into with the non-BBVA Compass Wallet provider or associated third‐party relationships that may impact your use of the Wallet. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE THIRD PARTY AGREEMENTS BEFORE CREATING, ACTIVATING OR USING A WALLET.
- Contacting You Electronically and by Email. To the extent permitted by applicable law, you consent to receive electronic communications and disclosures from us in connection with your BBVA Compass Card and the Wallet. You agree that we can contact you by email at any email address you provide to us in connection with any BBVA Compass account. It may include contact from companies working on our behalf to service your accounts. You agree to update your contact information with us when it changes.
- Removing Your BBVA Compass Card from the Wallet. You should contact the Wallet provider on how to remove a BBVA Compass Card from the Wallet. We can also block a BBVA Compass Card in the Wallet from purchases at any time.
- Governing Law and Disputes. These Terms are governed by federal law and, to the extent that state law applies, the laws of the state that apply to the agreement under which your BBVA Compass Card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in your BBVA Compass Card agreement.
- Ending or Changing these Terms; Assignments. We can terminate these Terms at any time. We can also change these Terms, or add or delete any items in these Terms, at any time. We will provide notice if required by law. IF YOU DO NOT ACCEPT ANY REVISIONS MADE TO THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF AND DELETE ALL BBVA COMPASS CARDS IN THE WALLET. You cannot change these terms, but you can terminate these Terms at any time by removing all BBVA Compass Cards from the Wallet. We can also assign these Terms. You may not assign these Terms.
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY BBVA COMPASS CARD IN CONJUNCTION WITH A WALLET IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A 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, AND BBVA COMPASS, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A WALLET, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A WALLET, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, ANY BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A WALLET WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF ANY BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A WALLET WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ANY BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A WALLET WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BBVA COMPASS, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.
ACCESS, USE AND MAINTENANCE OF ANY BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A WALLET DEPEND ON THE WALLET SERVICES AND THE NETWORKS OF WIRELESS CARRIERS. BBVA COMPASS DOES NOT OPERATE NON-BBVA COMPASS WALLET SERVICES OR SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A WALLET, SUCH AS UNAVAILABILITY OF THE NON-BBVA COMPASS WALLET OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. BBVA COMPASS DISCLAIMS ANY RESPONSIBILITY FOR ANY NON-BBVA COMPASS WALLET OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN ANY BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A WALLET. USE OF A BBVA COMPASS CARD AND RELATED INFORMATION FOR USE WITH A WALLET INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH THE WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM BBVA COMPASS OVER THE INTERNET FROM YOUR SUPPORTED DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE SELECT.
WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN NON-BBVA COMPASS WALLETS. WE ALSO ARE NOT RESPONSIBLE FOR YOUR SUPPORTED DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.
This Section 10 shall survive any termination of these Terms.
- Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL BBVA COMPASS, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, 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 THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY BBVA COMPASS CARD IN CONJUNCTION WITH A NON-BBVA COMPASS WALLET, 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.
NOTHING IN THESE TERMS SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR SUPPLIERS' LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. Federal law and the laws of certain States or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms.
This Section 11 shall survive any termination of these Terms.
- License. ANY INFORMATION REGARDING ANY BBVA COMPASS CARD WE PROVIDE IN CONJUNCTION WITH A WALLET IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THESE TERMS. BBVA COMPASS RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
Certain software that BBVA Compass uses to provide the information regarding your BBVA Compass Card has been licensed from third parties (each a "Third Party Licensor") that are not affiliated with BBVA Compass. This limited right to use such software is revocable at the discretion of BBVA Compass. BBVA Compass and its Third Party Licensors retain all right, title and interest in and to the software used by BBVA Compass to provide the information regarding your BBVA Compass Card and any modifications and updates thereto. You agree that you will not use any third-party materials associated with the information regarding your BBVA Compass Card and the Wallet in a manner that would infringe or violate the rights of any party, and that we are not in any way responsible for any such use by you. All third party intellectual property marks, including the logos of merchants, are the property of their respective owners.
You may not rent, lease, lend, sell, redistribute or sublicense the information we provide regarding your BBVA Compass Card and the Wallet. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any such information or the Wallet, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with such information and Wallet services). Any attempt to do so is a violation of the rights of BBVA Compass and its Third Party Licensors. If you breach this restriction, you may be subject to a civil lawsuit, prosecution and damages. The terms of the license will govern any upgrades provided by BBVA Compass that replace or supplement any information we provide regarding your BBVA Compass Card, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
You agree that any information we provide regarding your BBVA Compass Card in conjunction with a Wallet may be automatically updated or upgraded without notice to you. At any time, at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Wallet or change the enrollment process.
The license granted hereunder is effective until terminated by you or BBVA Compass. Your rights will terminate automatically without notice from BBVA Compass if you fail to comply with these Terms or if we terminate your use of your BBVA Compass Card in a Wallet. Upon termination of the license, you must cease all use of, and delete, all BBVA Compass Card information from the Wallet.
- Miscellaneous. Your access to and use of your BBVA Compass Card, and related information, in conjunction with a Wallet is subject to all applicable international, federal, state and local laws and regulations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms. These Terms (including all agreements and policies referenced in these Terms, which are not modified or superseded by these Terms) set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersede any prior or contemporaneous understandings or agreements with respect to such subject matter. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. There are no third-party beneficiaries to these Terms, except that BBVA Compass affiliates are third-party beneficiaries of these Terms with the right to enforce them.
The terms of this Section 13 will survive termination of these Terms, together with any other terms which by their nature the parties contemplate should survive.
- Indemnification. You shall indemnify and hold BBVA Compass, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of any BBVA Compass Card and the Wallet or (ii) any breach of the terms and conditions set forth in these Terms by you, your authorized users of the Wallet using your BBVA Compass Card or credentials. You must use your best efforts to cooperate with us in the prosecution or defense of any such claim.
- Notices. We can provide notices to you concerning these Terms and your use of a BBVA Compass Card in the Wallet by posting the material on our website, through electronic notice given to any electronic mailbox we maintain for you or to any other email address or telephone number you provide to us, or by contacting you at the current address we have on file for you. You may contact us at: 1-800-273-1057.
- Questions. If you have any questions, disputes, or complaints about the Wallet, contact the Wallet provider using the information given to you by the provider. If your question, dispute, or complaint is about your BBVA Compass Card, then contact us at: 1-800-273-1057.