Click to Pay allows you to make online purchases with a Capital on Tap Business Credit Card (Card) wherever you see the Click to Pay icon (subject to availability). By utilising Click to Pay as a payment method at checkout, you acknowledge that you have read, understood, and agree to all of the terms and conditions contained herein which govern your use of the Click to Pay services.
Your Revolving Credit Facility Agreement (Credit Agreement), as well as these Click to Pay terms and conditions, apply to the use of your Card with Click to Pay. In the event of a direct conflict between these terms and conditions and your Credit Agreement, these terms and conditions govern solely with respect to your use of Click to Pay.
If you do not agree to these terms and conditions, you may opt out by un-enrolling your Card from Click to Pay in your Online Portal (as that term is defined within your Credit Agreement) and you must not use Click to Pay.
Click to Pay is available where you have one or more Visa credit, debit and reloadable prepaid cards (as applicable), including any other cards or payment methods that Visa has decided are eligible to be used with Click to Pay.
You will not be eligible to sign up for a Click to Pay account with Visa. Any attempt to register for Click to Pay with Visa — whether through Visa’s website or at a participating merchant’s checkout (including acceptance of any terms and conditions therein) does not create an
agreement between you and Visa. However, Visa may share with us any information you provide during such an attempt to help ensure you receive appropriate and streamlined services.
Any transaction you make using Click to Pay is solely between you and the relevant merchant, including purchases, returns, or refunds for goods or services. Click to Pay (Visa) helps facilitate the transaction, but is not a party to the transaction.
Once your Card has been set up in Click to Pay, you can choose Click to Pay as your payment method when shopping on a merchant’s website. You will be asked to select which Card you want to use (if you have set up more than one) and confirm the payment amount and shipping details. The merchant’s website will confirm if the purchase has been successful.
By using Click to Pay, you authorise and direct us to provide your personal information, including your card and shipping information, to the merchant to process your transaction. We have no control over the privacy and data security practices of merchants; it is your responsibility to review the merchant’s privacy policies and terms and conditions before making a purchase.
Additionally, you agree that your information (including information about a transaction) may also be shared with Visa and any other relevant third parties for the purposes of completing the relevant transaction, including (without limitation) to determine your eligibility for any relevant card benefits or features, or other purposes based on your consent or permissions.
Visa may make certain authentication capabilities available with your use of Click to Pay on your personal device, including use of fingerprints, face authentication and or the use of your device passcode. To the extent available, you agree:
the use of any such authentication methods is governed by the agreement you have with your device manufacturer;
your data regarding your fingerprints, face authentication and or device passcode does not leave your device; and
you may choose to authorise Visa to use any such authentication methods with any payment transaction, or you may choose to disable such use by unlinking your Card from your Click to Pay account via our Online Portal, or by removing your device at https://secure.checkout.visa.com.
You are responsible for maintaining the confidentiality and security of any of your authentication methods you use to access Click to Pay (as applicable). Furthermore, you are responsible for adequately securing any devices that you may utilise to access Click to Pay, including all activities that may occur using your Click to Pay account.
It is also your responsibility to make sure that no one else can use your Card with Click to Pay. If you use Click to Pay on a shared device or a device that another person can access (for example, if another person knows your device passcode or has their biometrics registered on your device), you should not select “Remember Me on this Device,” as it will allow that person to use your Card with Click to Pay. You represent that only you are authorised to access and use the Card account and credentials that you are using to make a purchase with Click to Pay.
If your Click to Pay account, including your Card or a device on which you use Click to Pay, is lost, stolen or compromised in any way (for example, through a virus or spyware), you must tell us immediately by calling us at 0808 169 7401.
Unauthorised use of Click to Pay including, but not limited to, unauthorised entry into our systems, misuse of passwords, or misuse of any other information, is strictly prohibited. In connection with your use of Click to Pay, you agree:
to use Click to Pay only as permitted by law;
not to disrupt or interfere with the security or operation of, or otherwise abuse, Click to Pay or any part of Click to Pay;
not to attempt to obtain unauthorised access to Click to Pay or portions of Click to Pay that are restricted from general access;
not to use Click to Pay in any manner that could be deemed false and/or defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening, invasive of a person's privacy, or in violation of any third-party rights;
not to reproduce Click to Pay in any form, or store or incorporate Click to Pay into any information retrieval system, electronic, mechanical or otherwise;
not to copy, emulate, clone, rent, lease, sell, commercially exploit, modify, decompile, disassemble, distribute, reverse engineer or transfer Click to Pay or any portion thereof; and
not to use any device, software or routine to interfere or attempt to interfere with the proper working of Click to Pay and/or take any action that imposes an unreasonable or disproportionately large burden on the Click to Pay system, as determined by Visa in its sole discretion.
We may change these Click to Pay terms and conditions at any time. If we do make changes, we will do so in accordance with the terms of your Credit Agreement. Your Credit Agreement is a separate agreement so, unless we tell you otherwise, any change to these Click to Pay terms and conditions will not affect your Credit Agreement.
Click to Pay is a feature of your Card. This means that we may suspend your use of Click to Pay for any of the reasons explained in your Credit Agreement, or if you are in breach of these Click to Pay terms and conditions. Depending on the reason for suspension, the suspension may only affect your use of Click to Pay, and not your use of the Card or your Account as a whole. We will tell you what the suspension applies to when we notify you to the extent permitted by law. We may end your use of Click to Pay (and or your Card, as applicable) in accordance with the terms of your Credit Agreement. In addition, we may do so immediately if you seriously or persistently breach these Click to Pay terms and conditions, or if any third party who provides essential services to us withdraws those services and we are unable to continue providing Click to Pay.
You also have the right to end your use of Click to Pay at any time. You can do this by simply not using the service or by opting out in your Online Portal or by notifying us by using one of the methods set out under clause 25 of the Credit Agreement. Your Credit Agreement is a separate agreement and will continue in force even if your agreement for Click to Pay ends.
In no event and under no cause of action, including negligence, shall Visa and its affiliates, and each of their respective officers, directors, customers, members, employees or authorized agents (collectively, the Visa Parties) be liable for any damages, claims or losses incurred (including compensatory, incidental, indirect, special, consequential, punitive or exemplary damages), however caused and under any theory of liability, arising from or in connection with Click to Pay, even if a Visa Party is advised of the possibility of such damages, claims or losses.
Notwithstanding anything to the contrary contained herein, the Visa Parties' cumulative liability to you arising from any cause of action will at all times be limited to the lesser of (a) any actual loss or (b) US$100 (or the equivalent in local currency).
Where a jurisdiction does not allow the disclaimer, exclusion or limitation of certain warranties, liabilities and damages, such that the above exclusions and limitations do not apply, then Visa’s liability to you will be limited to the fullest extent permitted by applicable law. Nothing in these terms excludes Visa’s liability to you for (a) death or personal injury caused by its negligence, (b) fraud or fraudulent misrepresentation, or (c) any matter which it would be illegal for Visa to exclude or limit or attempt to exclude or limit liability.
Otherwise, Capital on Tap’s liability to you is limited as set out under clause 22 of the Credit Agreement.
The Click to Pay icon is a trademark owned by and with permission of EMVCo.LL