PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE FOR ONLINE TRANSACTIONS USING YOUR CAPITAL ONE CREDIT CARD. THESE TERMS WERE LAST UPDATED ON 16/11/18.
Your personal identification information that allows us to verify that you are the Capital One account holder;
"One-Time Passcodes" or "OTP"
A unique 6-digit number sent to your chosen mobile or landline telephone number;
These Terms and Conditions of Use, as amended from time to time;
"Visa Secure Service" or "Service"
As described at clause 2.1 below;
The Capital One credit card account holder that uses the Visa Secure Service, and "your" shall be construed accordingly;
"Capital One" "we" or "us"
Capital One (Europe) Plc, and "our" shall be construed accordingly.
1. Who we are and how to contact us
1.1 Capital One is registered in England and Wales under company number 3879023 and we have our registered office at Trent House, Station Street, Nottingham, NG2 3HX. We are authorised and regulated by the Financial Conduct Authority. FCA Register Number 204440. Our VAT number is 690 6861 01. You can contact us here: https://www.capitalone.co.uk/support/contact-us.jsf.
2. Description of the Service
2.1 Visa Secure is a secure payment scheme that allows you to make online purchases from retailers participating in this scheme. When you use your Capital One card to make an online transaction, your transaction may go through the Visa Secure authentication process where it will be assessed for risk. You may then be prompted to enter a One-Time Passcode which will be sent by SMS or "text to speech" to your selected phone number. If you choose not to follow the Visa Secure authentication process when prompted, you will not be able to proceed with the transaction.
2.2 Your One-Time Passcode can only be sent to a mobile or landline number registered with Capital One so you must make sure your contact details are up to date on your Capital One credit card account. If your personal details change you must notify us immediately to ensure that our records are up to date and so you can continue to transact online. You will have the opportunity to check your chosen telephone number before your One-Time Passcode is sent.
2.3 You are responsible for any fees or charges imposed by your telephone service provider in relation to receiving SMS or "text to speech" messages. It is your responsibility to ensure your mobile or landline telephone is able to receive the One-Time Passcode.
2.4 By using this Service, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use this Service. We recommend that you print a copy of these Terms for future reference.
3.1 You must ensure that your One-Time Passcode is kept confidential at all times. You must not disclose the One-Time Passcode to anyone else or write it down.
3.2 We reserve the right to pass any information we obtain in connection with the Service to the police, any prosecuting authority or any financial services regulatory authority to allow an investigation into suspected use of your Identity Details by someone else, or other fraudulent activity.
5. Changes to these Terms
5.1 We may amend these Terms from time to time. Every time you wish to use the Service, please check these Terms to ensure you understand the Terms that apply at that time. These terms were most recently updated on 16/11/18.
6. Changes to the Service
6.1 The Service and the way it is used in relation to your Capital One card may be changed from time to time to reflect changes to Visa Secure made by Visa, changes in users' needs, payments security practice, technology/other systems, regulatory/legal obligations, and/or our business priorities. Where practicable, we will give you reasonable notice of any major changes.
7.1 Subject to any fees or charges which may be imposed by your telephone service provider (see section 2.3 above), the Service is provided to you free of charge. We do not guarantee that the Service will always be available or uninterrupted.
7.2 We may suspend or terminate your use of the Service immediately if:
7.2.1 we reasonably believe that someone else is using or trying to use your One-Time Passcode and/or Identity Details;
7.2.2. a fraud investigation is taking place or we reasonably believe that you are, or someone else is, using the Service illegally;
7.2.3. you are in breach of your Capital One credit agreement and/or these Terms; or
7.2.4. your use of your Capital One card is suspended or terminated in accordance with your Capital One credit agreement, or your account with Capital One is closed.
- 7.3 We may suspend or withdraw or restrict the availability of all or any part of the Service for other reasons not listed above, such as where required to do so by Visa, to meet our legal or regulatory obligations, or due to business and operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal.
8. Your Liability
8.1 You are solely responsible for all transactions undertaken by you using the Service and you will be liable for your use of the One-Time Passcode.
9. Our Liability
9.1 We are not liable for any failures of the Service caused by matters beyond our reasonable control.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
10.1 You are responsible for configuring your information technology, computer programmes and platform to access the Service. You should use your own virus protection software.
10.2 You must not misuse the Service by knowingly introducing viruses, trojans, worms, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, or any connected server, computer or database. You must not attack the Service via a denial of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.
11. Governing Law
11.1 Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
12.1 In the event that any of these Terms conflicts with your Capital One credit agreement, your Capital One credit agreement will take precedence.
13.1 Capital One® is a registered trademark of Capital One.
13.2 Visa® and Visa Secure® are registered trademarks of Visa.