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Apple Pay Terms of Use

(v. 06.16.15)

Thank you for using your Hancock Whitney Bank* Debit Card (“Debit Card”) and wanting to enroll your Debit Card in Apple Pay.

Please read these Terms of Use carefully before enrolling your Debit Card in the Apple Pay service because by doing so you accept and agree to these Terms of Use. If you do not want to agree to these Terms of Use, you must not enroll your Debit Card in Apple Pay.

Terms of Use Supplement Your Debit Card Agreement. These Terms of Use will supplement the Debit Card Agreement that was provided to you when your Debit Card was issued, as that agreement may have thereafter been amended or replaced. “Debit Card Agreement” refers to either the “Debit and ATM Card Agreement and Important Information Concern Electronic Funds Transfer” or the “Business VISA Debit Card Agreement and Platinum Business VISA Debit Card or ATM Card” agreement, as appropriate to your Debit Card. The Debit Card Agreement expressly incorporates all the terms and conditions of our Deposit Agreement. Accordingly, the Debit Card Agreement and the Deposit Agreement, as supplemented by these Terms of Use, will apply to each Debit Card transaction made with your mobile device through Apple Pay. If any inconsistency exists between these Terms of Use and the Debit Card Agreement and the Deposit Agreement, the Terms of Use shall control, but only to the extent necessary to resolve the inconsistency.

Debit Card Transactions Using Your Mobile Device. As used in these Terms of Use, “Mobile Device” refers to a smartphone, tablet, or any other hand held or wearable communication device that through Apple Pay allows you to electronically store or electronically present a payment token, such as Apple Pay’s Device Account Number and Cryptogram, or some other electronic or virtual representation of your Debit Card (“Electronic Card Information”) and use that Electronic Card Information on your Mobile Device to make Debit Card transactions. You agree not to enroll your Debit Card in Apply Pay and thereafter use a Mobile Device with unauthorized modifications to iOS, such as by way of a "jailbreak." Further, you agree to keep your Mobile Device software up to date.

A Debit Card transaction made through a Mobile Device is a one-time debit card transaction under your Debit Card Agreement (“Mobile Card Transaction”). Accordingly, all terms and conditions within the Debit Card Agreement that apply to: (i) a “Debit Card” shall apply to your “Mobile Device” and (ii) a “Debit Card Transaction” shall apply to all Mobile Card Transactions, as appropriate in the context of Apply Pay.

Please also note that between you and us, any dispute arising from or out of your use of the Mobile Device to make Mobile Card Transactions will be governed by the Venue and Dispute Resolution provisions within the Deposit Agreement, unless you rejected the Arbitration Provision as provided therein.

Apple Pay Transaction History. Apple Pay maintains a transaction history which solely represents Mobile Card Transactions that we authorize and does not reflect any post-authorization activity such as adjustments, clearing, settlement, reversals, returns or chargebacks. Thus, the transaction amount and other details within the Apple Pay Transaction History may not match the transaction amounts that ultimately clear, settle and post to your account according to the terms and conditions of our Deposit Agreement. Furthermore, the Apple Pay Transaction History will not list any other Debit Card or other transactions you have made or will make and which may clear, settle and post to your account.

Securing Your Mobile Device. You should secure the Mobile Device the same as you would your Debit Card or cash, checks, credit cards, and other valuable information. We encourage you to password protect or lock your Mobile Device to help prevent an unauthorized person from using it. Please notify us promptly if your Mobile Device containing Electronic Card Information is lost, stolen or compromised in any way or if someone has used or may use your Mobile Device or your credentials without your authorization. You may call us at 1-866-241-6840. Calling us as soon as possible is the best way to minimize any losses through unauthorized use.

You are solely responsible for maintaining the confidentiality of your Apple User Id, Apple passwords and any other means that you may time to time have to access Apple Pay and/or to make Mobile Card Transactions. If you share these credentials with any other person or allow any other person to add their fingerprint to use TouchID, they may be able to use your Mobile Device to make Mobile Card Transactions and/or get access to your personal and payment information available through Apple Pay. You are responsible for all Mobile Card Transactions conducted by other persons using your Mobile Device with your knowledge and consent.

Third Party Agreements and Fees. These Terms of Use govern your access and use of your Mobile Device to make Mobile Card Transactions and apply only between you and us. Apple, your wireless carrier, and other third party service providers (“Third Parties”) may have their own terms and conditions and privacy policies (“Third Party Agreements,” as such agreements may be amended or replaced) and you are subject to those Third Party Agreements when you give them your personal information and use their services. In using your Mobile Device to make Mobile Card Transactions through Apply Pay you agreed to abide by the terms and conditions of those Third Party Agreements. You acknowledge and agree that your breach of terms and conditions of Third Party Agreements shall also be a breach of these Terms of Use between you and us. Please also note that you will be responsible for any and all fees charged by such Third Parties. For example, your mobile carrier may charge you message and data rates, or other fees, when you use your use your Mobile Device for Mobile Card Transactions.

Privacy, Data Sharing and Transmission. Third parties, such as Apple, merchants, card association networks, mobile carriers, mobile device manufacturers, and software application providers may use and receive information about your Mobile Device and/or Electronic Card Information in connection with your Mobile Card Transactions. Please note that we do not control the privacy and security of (i) your personal and confidential information, including Debit Card information, provided to or held by Apple or any other Third Party as part of your enrollment or use of Apple Pay or (ii) any Mobile Device information and any Electronic Card Information that may be provided to or held by them. Accordingly, please refer to their privacy policies and security practices regarding the privacy and security of such information provided to or held by them.

When you use your Debit Card through a Mobile Device, information about your Mobile Device may also be transmitted to us. We may also collect certain information from Apple to verify your identity, to enable you to use your Debit Card with Apple Pay and to help us detect fraud. You authorize us to collect, use, and share such information according to our Privacy Policy that we made available to you, as it may be amended from time to time.

Restrict, Suspend or Terminate Services. We reserve the right for any reason to discontinue offering or supporting Apple Pay. Except as otherwise required by applicable law, we may, partially or fully block, restrict, suspend or terminate your ability to make Mobile Card Transactions through your Mobile Device.

If you want to remove electronic card information from your Mobile Device, please contact us at 1-866-241-6840 or contact Apple Pay.

DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ENROLLING IN APPLE PAY AND USING YOUR MOBILE DEVICE TO MAKE MOBILE CARD TRANSACTIONS ARE AT YOUR SOLE RESPONSIBILITY AND RISK, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU FURTHER ACKNOWLEDGE THAT YOUR USE OF YOUR MOBILE DEVICE TO MAKE MOBILE CARD TRANSACTIONS DEPENDS UPON APPLE PAY AND THE NETWORKS OF WIRELESS CARRIERS. WE DO NOT OPERATE APPLE PAY OR SUCH NETWORKS AND WE HAVE NO CONTROL OVER THEIR OPERATION. THEREFORE (i) WE CANNOT GUARANTY THE PRIVACY OR SECURITY OF THESE ELECTRONIC TRANSMISSIONS AND (ii) WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY MOBILE DEVICE TO MAKE MOBILE CARD TRANSACTIONS. ACCORDINGLY, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR APPLE PAY OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A MOBILE DEVICE TO MAKE MOBILE CARD TRANSACTIONS.

EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTIAL, 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 OFANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE YOUR MOBILE DEVICE TO MAKE MOBILE CARD TRANSACTIONS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.