These Terms describe the terms and conditions under which you may utilize Discover® Click to Pay as a payment method. Discover® Click to Pay is Discover’s implementation of EMVCo’s industry-wide EMV® Secure Remote Commerce Specifications that enables consumers to shop or make payments online with a simple and convenient checkout experience. Discover® Click to Pay allows you the ability to store payment account information for your Discover® card and any other card (e.g., a debit or reloadable prepaid card) that Discover determines is eligible to be used with Discover® Click to Pay (individually, a “Card” and collectively, "Cards").
Enrollment in Discover® Click to Pay can be completed: (1) manually by you or (2) automatically by your Card issuer.
All of the information captured during your enrollment is stored in your Discover® Click to Pay profile (“Profile”). All of the information in your Profile relating to your enrolled Card(s), including, but not limited to, Card data, Card or account number, Card security code, expiration date, and billing address, is referred to as the “Card Information.” Once enrolled, you can manage the content of your Profile, including, but not limited to, adding and deleting Cards, registering or removing trusted devices, updating shipping and billing addresses, and deleting your Profile.
Your enrolled Card(s) are automatically stored and ready for use as a method of payment at merchants or other third parties that display the Discover acceptance mark next to the Click to Pay icon. When you checkout with any merchant or other applicable third party that accepts Discover® Click to Pay, you will be able to view your Cards and select the Card to be used for the transaction. Once you select the Card and submit the payment, Discover will transmit your payment and related information to the merchant or other applicable third party to allow them to process the transaction. You agree that the merchant or other applicable third party can transmit information about the transaction to the applicable network for your Card, and your transaction will be paid for using the Card you have selected.
Individuals. Discover® Click to Pay is only available to individuals who are:
By registering to use Discover® Click to Pay, you represent and warrant that you meet the above eligibility requirements. Access to Discover® Click to Pay from any location where it is illegal or otherwise restricted is prohibited.
Other Legal Entities. If you are entering into these Terms on behalf of a company or other legal entity, you further represent and warrant that:
Eligible Cards. Discover® Click to Pay may not be available for use with all Cards. Discover may, in its sole discretion, remove Cards from Discover® Click to Pay or prevent Cards from being enrolled in Discover® Click to Pay.
By adding your Card to your Profile, you acknowledge and agree as follows:
By making a payment using Discover® Click to Pay, you acknowledge and agree that you are solely responsible for:
Discover has no responsibility or liability for the authenticity, validity, accuracy, or completeness of the Card Information that (i) you provide as part of your Profile and (ii) Discover transmits on your behalf in relation to a transaction utilizing Discover® Click to Pay.
If your agreement with a merchant or other third party allows that party to (i) store information provided by you from your Profile, (ii) connect with Discover® Click to Pay to receive certain Card Information, or (iii) validate or receive other Card Information in your Profile, then such third parties’ access to and usage of such information is subject to your agreement with the third party. Discover has no liability to you or the third party with respect to the third party’s access to, or usage of, your information.
You are responsible for maintaining the confidentiality and security of any of your usernames, emails, phone numbers, personal identification numbers, or any other codes you use to access Discover® Click to Pay and your Profile. Furthermore, you are responsible for adequately securing any devices that you may utilize to access Discover® Click to Pay and your Profile through the use of passwords or other appropriate authentication methods.
You are responsible for all activities that occur using your Profile, including any unauthorized activities of others using your Profile. You agree to notify your Card issuer immediately in the event of any unauthorized access to or use of your Profile. Discover is not responsible for any losses you incur as a result of unauthorized use of your Card and, depending on the circumstances, your Card issuer may hold you responsible for unauthorized use of your Card account.
Discover® Click to Pay is not a bank, payment card issuer, or payment account. Discover® Click to Pay helps facilitate the payment transaction, but is not a party to the transaction.
The payment to or from a merchant in connection with your use of Discover® Click to Pay, including the purchase or return of products or services, is solely between you and the merchant. The merchant’s terms and conditions will govern all aspects of that transaction and the merchant’s use of your Card Information. The transaction will be reflected in the account which relates to the Card you used for the transaction, and payment of that account is solely a matter between you and your Card issuer.
Since Discover is not a party to the transaction made using Discover® Click to Pay, Discover is not able to resolve any refund or reversal issues you may have with the transaction. If you require a refund or reversal of any transaction completed using Discover® Click to Pay, you must contact the applicable merchant and/or your Card issuer. If you have a dispute with a merchant about a transaction made with Discover® Click to Pay, you are solely responsible for settling the dispute directly with the merchant or via your Card issuer.
The ability to purchase a product or service from a merchant using Discover® Click to Pay does not constitute an endorsement, sponsorship, approval, or warranty by Discover for the product or service or the merchant offering such product or service. Discover is not responsible for the products or services purchased or transactions made in connection with Discover® Click to Pay.
Discover® Click to Pay is not a card issuer. These Terms do not amend or otherwise modify any agreement between you and your Card issuer regarding use of such Card (the “Cardholder Agreement”). In the event of any inconsistency between these Terms and your Cardholder Agreement, these Terms govern the relationship between you and Discover solely with respect to Discover® Click to Pay, and your Cardholder Agreement governs the relationship between you and your Card issuer. You may also have certain rights and protections under your Cardholder Agreement or under applicable law with respect to the charges for transactions made to your Card. You are responsible for ensuring that your use of Discover® Click to Pay complies with any Cardholder Agreement.
By Discover. Discover grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use Discover® Click to Pay in accordance with these Terms for so long as you are enrolled in Discover® Click to Pay (the “License”). Discover may, in its sole discretion, suspend, discontinue or terminate this License at any time, for any reason. All rights not expressly granted to you in these Terms are expressly reserved by Discover, its affiliates, or its licensors.
You agree that you will comply with all applicable laws, rules and regulations, and any other legal requirements that relate to your use of Discover® Click to Pay (collectively, “Applicable Laws”).
Unauthorized use of Discover® Click to Pay and/or any Discover systems, including, but not limited to, unauthorized entry into Discover’s systems, misuse of passwords, or misuse of any other information, is strictly prohibited. In connection with your use of Discover® Click to Pay, you agree that you will not:
If you breach any of the restrictions in this Section 11 or permit others to do so, or engage in any activities that Discover determines are not permitted by these Terms or Applicable Law, Discover may, in its sole and absolute discretion, and without waiving any of its rights in each instance, suspend, disable, terminate, or limit your use of and access to Discover® Click to Pay.
As between you and Discover, Discover or its licensors own all right, title, and interest, including all intellectual property rights, in and to Discover® Click to Pay. All rights not expressly granted to you in these Terms are retained by Discover, its affiliates, and their licensors. Discover® Click to Pay and the other trademarks, trade names, logos, and service marks displayed within Discover® Click to Pay (collectively, the "Trademarks") are the trademarks of Discover, its affiliates, or their respective third-party owners. Under no circumstances may you alter, modify, or change these Trademarks. You are prohibited from using the Trademarks for any purpose without the written permission of Discover or such third party which may own the Trademarks. Pursuant to Section 512(c)(2) of the Copyright Act, Discover designates the following agent to receive notifications of claimed infringement: Sheila Lehr, DFS Services LLC, 2500 Lake Cook Road, Riverwoods, IL 60015; fax: (224) 405-3555; email@example.com.
From time to time, you may provide Feedback to Discover with respect to Discover® Click to Pay. “Feedback,” means suggestions, comments for enhancements or functionality, or other feedback relating to Discover® Click to Pay. You agree that Discover shall have the right to use in any manner and for any purpose all Feedback without any obligation of any kind to you. You are not required to provide Discover with any Feedback.
Discover reserves the right, in its sole discretion, to stop providing Discover® Click to Pay, in whole or in part, at any time and without notice to you. Discover may suspend or terminate your use of Discover® Click to Pay or your access to your Profile at any time, for any or no reason, and without notice, including, but not limited to, in the event Discover reasonably believes (i) you have breached these Terms or (ii) your Profile is inaccurate, incomplete, or out-of-date.
You may terminate these Terms and your use of Discover® Click to Pay for any reason or no reason, at your convenience, by deleting your Profile and stopping all use of any Discover® Click to Pay services and systems
Upon termination of these Terms for any reason, (i) the rights and licenses granted to you with respect to Discover® Click to Pay will immediately terminate; (ii) you must immediately cease all use of Discover® Click to Pay and your Profile; and (iii) you shall remain liable for all payment obligations incurred in connection with your use of Discover® Click to Pay. Discover shall not be liable to you for any termination or suspension of your use of or access to Discover® Click to Pay.
THE FOREGOING LIMITATIONS AND EXCLUSIONS OF THIS SECTION 16 APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER LAW:
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOU ASSUME ALL RISK FOR YOUR USE OF DISCOVER® CLICK TO PAY, INCLUDING USE OF YOUR PROFILE. YOU AGREE THAT DISCOVER® CLICK TO PAY IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS. NO INFORMATION OBTAINED BY YOU FROM DISCOVER OR THROUGH OR FROM DISCOVER® CLICK TO PAY WILL CREATE ANY WARRANTY OF ANY KIND. DISCOVER CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO DISCOVER® CLICK TO PAY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DISCOVER DOES NOT HAVE ANY CONTROL OVER YOUR TRANSACTIONS USING YOUR CARD INFORMATION, AND DISCOVER CANNOT ENSURE THAT ALL TRANSACTIONS WILL BE COMPLETED OR THAT YOUR CARD ISSUER WILL AUTHORIZE THE TRANSACTIONS THAT YOU INITIATE.
LIMITATION OF LIABILITY. IN NO EVENT WILL DISCOVER AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “DISCOVER PARTIES”), BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY, LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INTANGIBLE LOSS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE DISCOVER® CLICK TO PAY, REGARDLESS OF WHETHER DISCOVER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. THE DISCOVER PARTIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) YOUR USE OF OR INABILITY TO USE DISCOVER® CLICK TO PAY FOR ANY REASON; (II) ANY PRODUCT OR SERVICE OBTAINED THROUGH A TRANSACTION USING DISCOVER® CLICK TO PAY; (III) ANY DISPUTE BETWEEN YOU AND A MERCHANT; (IV) ANY INACCURACY, INCOMPLETENESS, OR MISINFORMATION CONTAINED IN ANY INFORMATION PROVIDED THROUGH DISCOVER® CLICK TO PAY; (V) UNAUTHORIZED ACCESS TO OR LOSS OF YOUR DATA THAT IS STORED OR TRANSMITTED IN CONNECTION WITH DISCOVER® CLICK TO PAY; OR (VI) ANY INTERRUPTION IN SERVICE, ERRORS, OR NETWORK OR SYSTEM OUTAGES RELATING TO YOUR USE OF DISCOVER® CLICK TO PAY, INCLUDING ANY SECURITY BREACH OR OTHER ISSUE RELATING TO A THIRD PARTY SYSTEM THAT INTERACTS WITH DISCOVER® CLICK TO PAY THAT IS NOT OWNED OR CONTROLLED BY DISCOVER.
NOTWITHSTANDING THE FOREGOING, THE DISCOVER PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
To the maximum extent permitted under law, you agree to indemnify, defend and hold harmless the Discover Parties from and against any actual or alleged claims or losses arising from, in connection with, or based on allegations whenever made, of any of the following: (i) your breach of these Terms; (ii) your use of Discover® Click to Pay in any manner not authorized by these Terms or in violation of any Applicable Law; (iii) any dispute between you and a third party (e.g., a merchant or your Card issuer); or (iv) any claim arising out of, or in connection with, your negligent acts or omissions. This obligation shall survive the termination or expiration of these Terms and/or your use of Discover® Click to Pay. You will cooperate as fully as reasonably required in the defense of any claim. Discover reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws provisions. For any action, proceeding, or dispute arising out of or related to these Terms or the relationships resulting from these Terms, the parties agree to (i) sole and exclusive jurisdiction in an appropriate state or federal court located in Delaware; and (ii) unconditionally waive their respective rights to a jury trial.
Agreement to Arbitrate. In the event of a dispute between you and Discover arising out of or relating to these Terms, or the relationships resulting from these Terms, including, for example, a dispute based on a federal or state statute or local ordinance (“Claim”), either you or Discover may choose to resolve the Claim by binding arbitration, as described below, instead of in court. Any Claim (except for a claim challenging the validity or enforceability of this arbitration agreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR DISCOVER CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. Even if all parties have opted to litigate a Claim in court, you or Discover may elect arbitration with respect to any Claim made by a new party or any new Claims later asserted in that lawsuit.
CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR DISCOVER MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award class, representative or public injunctive relief. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then after all appeals from that decision have been exhausted, that claim (and only that claim) must be severed from the arbitration and may be brought in court. Only a court, and not an arbitrator, shall determine the validity, scope, and effect of the Class Action Waiver.
Your Right to go to Small Claims Court. Discover will not choose to arbitrate any individual claim you bring in small claims court or your state’s equivalent court. However, if such a claim is transferred, removed or appealed to a different court, Discover may then choose to arbitrate.
Governing Law and Rules. This arbitration agreement is governed by the Federal Arbitration Act (“FAA”). Arbitration must proceed only with the American Arbitration Association (“AAA”). The rules for the arbitration will be those in this arbitration agreement and the procedures of the AAA, but the rules in this arbitration agreement will be followed if there is disagreement between the agreement’s and the AAA’s procedures. If the AAA’s procedures change after the Claim is filed, the procedures in effect when the Claim was filed will apply. For a copy of the AAA’s procedures, to file a Claim or for other information, please contact the AAA at 1101 Laurel Oak Rd., Voorhees, NJ 08043, www.adr.org (1-877-495-4185).
If the AAA is completely unavailable, and if you and Discover cannot agree on a substitute, then either you or Discover may request that a court with jurisdiction appoint a substitute.
Fees and Costs. If you wish to begin arbitration against Discover but you cannot afford to pay the AAA’s or arbitrator’s costs, Discover will advance those costs if you ask us in writing. Any request like this should be sent to DFS Services LLC, 2500 Lake Cook Road, Riverwoods, IL 60015. If you lose the arbitration, the arbitrator will decide whether you must reimburse Discover for money Discover advanced for you for the arbitration. If you win the arbitration, Discover will not ask for reimbursement of money it advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed your reasonable attorneys’ fees and costs (if actually paid by you).
Hearings and Decisions. Arbitration hearings will take place in the federal judicial district where you live. A single arbitrator will be appointed. The arbitrator must:
The arbitrator’s decision will be final and binding except for any review allowed by the FAA. However, if more than $100,000 was genuinely in dispute, then either you or Discover may choose to appeal to a new panel of three (3) arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it.
The appeal must be filed with AAA not later than thirty (30) days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award.
Other Beneficiaries of this Agreement. In addition to you and Discover, the rights and duties described in this arbitration agreement apply to: Discover’s affiliates and Discover’s and their officers, directors and employees; and any third party co-defendant of a Claim subject to this arbitration agreement.
You Have the Right to Reject Arbitration. You may reject the arbitration agreement but only if Discover receives from you a written notice of rejection within thirty (30) days of the date when you first accept these Terms either by (i) enrolling your Card manually in Discover® Click to Pay; or (ii) utilizing Discover® Click to Pay as a payment method if your Card was automatically enrolled by your Card issuer. You must send the notice of rejection to: DFS Services LLC, 2500 Lake Cook Road, Riverwoods, IL 60015. Your rejection notice must include your name, address, phone number, and personal signature. No one else may sign the rejection notice for you. Your rejection notice must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under these Terms. If you reject arbitration, neither you nor Discover will be subject to the arbitration agreement for any action, proceeding, or dispute arising out of or related these Terms. Rejection of arbitration for these Terms will not constitute rejection of any prior or future arbitration agreement between you and Discover.
Maintenance. Discover reserves the right, in its sole discretion, without any notice requirement, to suspend and/or deny access to Discover® Click to Pay for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
Notices. Unless provided otherwise by Discover, all notices required from you under these Terms must be sent to DFS Services LLC, 2500 Lake Cook Road, Riverwoods, IL 60015 or any subsequent addresses specified by Discover from time to time, in its sole discretion. You agree that any notices, agreements, disclosures, or other communications that we send to you may be delivered by email, postings on Discover’s website, or other forms of electronic communications. All such electronic communications will satisfy any legal requirements that such communications be in writing.
Severability. If any provision of these Terms is found to be invalid under the law, then the parties agree to consider such provision automatically revised so that it complies with the law and fits the parties’ original intent as closely as possible. The remainder of these Terms will continue to apply.
Interpretation and Construction. In these Terms, unless a clear contrary intention appears: (a) the singular number includes the plural number and vice versa; (b) the headings of Sections in these Terms are provided for convenience only and will not affect their construction or interpretation; all references to “Sections” refer to the corresponding Sections of these Terms, unless otherwise stated; (c) “hereunder,” “hereof,” and “herein” shall be deemed references to these Terms as a whole and not to any particular Section or other provision hereof; (d) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding the word “including”; (e) where specific language is used to clarify by example a general statement contained herein, such specific language shall not be deemed to modify, limit or restrict in any manner; and (f) “or” is used in the inclusive sense of “and/or”.
Enforcing these Terms. Discover may delay enforcing or not enforce any of its rights under these Terms without losing or waiving any of them.
Relationship of the Parties. Nothing in these Terms will be construed to create an agency, joint venture, or employment relationship between you and Discover.
Assignment. Discover may assign these Terms, and the rights and obligations hereunder, to any third party without notice to or consent from you. You may not assign your rights and obligations under these Terms.
Third-Party Beneficiaries. Either of us, including any of the Discover family of companies, is entitled to enforce rights under these Terms. Otherwise, no other person or company will be a third-party beneficiary to these Terms.
Survival. Even after your use of Discover® Click to Pay ends or these Terms are terminated, provisions in these Terms that by their nature should survive termination shall survive and still apply after termination, including, but not limited to, the Disclaimer of Warranties and Limitation of Liability, Indemnification, Governing Law, and Arbitration Sections.
Force Majeure. Discover will not be liable for any delay or failure to perform its obligations hereunder resulting from any cause beyond its reasonable control, including, without limitation, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, earthquakes, fires, floods, epidemics, or pandemics.
Updates. These Terms were last updated as of the date at the bottom of these Terms. Discover may, in its sole discretion, modify, update, discontinue, suspend, or otherwise change, temporarily or permanently, any or all aspects of Discover® Click to Pay with or without notice to you. As these Terms are subject to change, you should regularly visit Discover’s website to review the most recent version of these Terms. To the fullest extent permitted under applicable law, your continued use of or enrollment in Discover® Click to Pay after any such modification constitutes your acceptance of these Terms as modified. If you do not agree with the updates to these Terms, you may terminate these Terms and your use of Discover® Click to Pay. Discover shall not be liable to you or any third party as a result of any updates or modifications to the Terms.
Last Updated: July 7, 2020