The My TWC™ mobile application (the “My TWC App”) is provided by TWC for use only by residential customers of Time Warner Cable. Your use of the My TWC™ mobile application (the “My TWC App”) is governed by the terms of the Time Warner Cable Residential Services Subscriber Agreement and applicable service addendums (which are available at http://help.twcable.com/policies.html) and these My TWC Mobile Application Terms and Conditions (“Terms and Conditions”). Please review them carefully before clicking the “Accept” button or downloading the My TWC App. If you do not agree, do not access, download, or use the My TWC App. Certain features available within the My TWC App, may be subject to additional terms and conditions which, if not set forth herein, will be presented to you within the My TWC App.
Browsing, downloading, and using the My TWC App may result in data charges being imposed by your wireless carrier, and you agree to be responsible for any such charges, or for any other charges related to sending and receiving data through your mobile device. You agree to use the My TWC App only on the mobile device to which they are downloaded. You may not transfer the My TWC App to another mobile device, even if you own the other device.
The My TWC App may include software that is owned by a third party. TWC is authorized by its third-party software licensors to sublicense such software to you as part of the My TWC App. Your use of such software is governed by the terms of the Time Warner Cable Residential Subscriber Agreement and these Terms and Conditions (unless additional third-party terms are presented to you when accessing a particular feature of the My TWC App, in which case such terms will govern your use of the applicable software, and will constitute an agreement between you and the third-party licensor).
When you first sign in to use the My TWC App, the application will automatically store your username so that it does not need to be re-entered on future sign-ins. If you do not wish for your username to be stored in this manner, please do not access or use the My TWC App. If you select the “Keep me signed in” option, the application will store your username and your password and anyone using your mobile device will able to use the My TWC App. You will be responsible for all transactions and activities that occur through the use of your mobile device.
To provide the My TWC App to you, we and our partners and licensors may need to collect data about you, including your Time Warner Cable email address and password, the configuration of your WiFi-enabled device and the unique device identifier (“Device ID”) associated with your device (such as a serial number and/or MAC address). We also may collect usage data relating to your use of the My TWC App, which data will be collected in the aggregate and linked only to your Device ID. You hereby agree and consent to our and our partners' and licensors' collection, use, transmission, processing and maintenance of such data in connection with our provision of the My TWC App (including for purposes of improving the My TWC App or other TWC products or services, conducting research, performing internal analyses, contacting you regarding the My TWC App or other TWC products or services, and providing customer support and maintenance for the My TWC App).
The My TWC App also may include features that rely upon device-based location information. For example, if you choose to enable location services capability on your device, the My TWC App can identify nearby TWC WiFi™ access points. To provide such location-based features, where available, we and our partners and licensors must collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device. We also may collect such location data for our own internal analysis purposes. You hereby agree and consent to our and our partners' and licensors' collection, use, transmission, processing and maintenance of such location data for the purposes described above. You may withdraw this consent at any time by not using the location-based features and turning off the location services capability on your device (using the available device settings).
Your use of the billing and payment features of the My TWC App is also governed by the following terms and conditions.
When making a bill payment to TWC (“Payment”) through the My TWC App, you authorize TWC to process the Payment in accordance with the payment method and information entered into the application (“Payment Instructions”). Payment Instructions submitted after 4 pm Eastern Time or on non-business days will be considered entered into the application on the next Business Day. “Business Days” are Monday through Friday, excluding bank holidays and TWC holidays.
You agree that you are legally authorized to use as a Payment method the financial institution account (such as the account linked to the debit or credit card or the checking or savings account) that you include in any Payment Instructions (“Payment Account”). You are solely responsible for ensuring that your Payment Account or payment card information (including the payment card expiration date) is current and accurate. You may not use the My TWC App for any illegal activity or purpose, including payment fraud or identity theft.
We will not charge you any fees to use the My TWC App, but you are responsible for all Payments made, and for any fees associated with the Payment Account used by you to make such Payments. Your TWC account balance will be credited for the amount of any Payment that you authorize through the My TWC App once TWC starts processing your Payment, which is usually within two Business Days. If your bank or credit card issuer refuses to pay us the amount that you authorized us to charge to your Payment Account for any reason, we will reverse the credit to your TWC account and we may require that you pay us a fee.
You agree that you are responsible for protecting the confidentiality of your username and password and controlling your mobile device. Except as otherwise provided in Section 4 of these Terms and Conditions, you are entirely responsible for any and all My TWC App transactions and activities that occur through the use of your username and password.
The following provisions apply to any consumer Payment initiated or authorized through the My TWC App that constitutes an electronic fund transfer from a consumer Payment Account under applicable federal law (such as a Payment initiated through the application from a consumer debit card or a consumer checking/savings account):
Tell us AT ONCE if you believe your password or mobile device has been lost or stolen. Telephoning is the best way to keep your possible losses down. You could lose all the money in your Payment Account (plus your maximum overdraft line of credit). If you tell us within four (4) Business Days after you learn of the loss or theft of your password or mobile device, you can lose no more than $50 if someone used your password without your permission.
If you do NOT tell us within four (4) Business Days after you learn of the loss or theft of your password or mobile device, and we can prove that we could have stopped someone from using your password or mobile device without your permission if you had told us, you could lose as much as $500.
Also, if your statement from your financial institution regarding your Payment Account shows Payments through My Account that you did not authorize, tell us at once. If you do not tell us within ninety (90) days after the statement was mailed to you, you may not get back any money transferred through the My TWC App without your authorization after the ninety (90) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your password or mobile device has been lost or stolen, or that someone has transferred or may transfer money through the My TWC App from your Payment Account without your permission, call: 1-800-TWCABLE (1-800-892-2253) or write to: Time Warner Cable, 60 Columbus Circle, New York NY 10023, Attn: General Counsel.
You may use the My TWC App to make Payments to TWC only. In addition, each Payment made to TWC through the application must be in a minimum dollar amount of $1.00 and cannot exceed $99,999.99.
If we do not complete a transfer through the My TWC App from your Payment Account on time or in the correct amount in accordance with these Terms and Conditions and the Time Warner Cable Residential Services Subscriber Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
There may be other exceptions stated in the Time Warner Cable Residential Subscriber Agreement.
EXCEPT AS PROVIDED IN SECTION 4 OF THESE TERMS AND CONDITIONS WITH RESPECT TO CONSUMER ELECTRONIC FUND TRANSFER PAYMENTS, IN NO EVENT (INCLUDING NEGLIGENCE) WILL TWC, OR ANY THIRD PARTY PROVIDING A SERVICE ON BEHALF OF TWC, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MY TWC APP, OR FOR ANY ACTION TAKEN BY TWC TO PROTECT THE MY TWC APP OR THE BREACH BY TWC, OR ANY THIRD PARTY PROVIDING A SERVICE ON BEHALF OF TWC, OF ANY WARRANTY.
In case of errors or questions about your electronic fund transfers made through the My TWC App, or if you think that the statement regarding your Payment Account from your financial institution (“Periodic Statement”) is wrong with respect to any Payment made through the My TWC app or if you need more information about a transfer made through the application that is listed on the Periodic Statement, telephone us at: 1-800-TWCABLE (1-800-892-2253), or write us at Time Warner Cable, 60 Columbus Circle, New York NY 10023, Attn: General Counsel, as soon as you can. We must hear from you no later than ninety (90) days after you received the FIRST Periodic Statement on which the problem or error appeared:
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days. We will determine whether an error occurred within ten (10) Business Days after we hear from you and will promptly correct any error. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Payment Account within ten (10) Business Days after we hear from you for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Payment Account. For errors involving new Payment Accounts, we may take up to ninety (90) days to investigate your complaint or question and up to twenty (20) Business Days to credit your Payment Account for the amount you think is in error.
We will tell you the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THE MY TWC APP MUST BE DIRECTED TO US AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR PAYMENT ACCOUNT. We are responsible for the My TWC App and for resolving any errors in transactions made through the application.
We will send you monthly bill statements regarding your TWC account; however, such monthly bill statements will not list detailed information (such as type of Payment Account or Payment Account number) regarding transactions that you make using the My TWC App. Instead, such details regarding your transfers made through the application will appear only on the Periodic Statement issued by your bank or other financial institution holding your Payment Account. SAVE YOUR TWC BILL STATEMENTS LISTING THE AMOUNT OF ANY PAYMENTS MADE TO TWC, AND CHECK THEM AGAINST THE PERIODIC STATEMENT REGARDING YOUR PAYMENT ACCOUNT THAT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions made through the My TWC App, call or write us at the telephone number and address indicated below.
IF YOUR PASSWORD OR MOBILE DEVICE IS LOST OR STOLEN, NOTIFY US AT ONCE by calling or writing to us at: 1-800-TWCABLE (1-800-892-2253), Time Warner Cable, 60 Columbus Circle, New York NY 10023, Attn: General Counsel.
The Required Legal Information may be provided to you electronically by such means as TWC shall determine in its discretion, including but not limited to: e-mail (or a link set forth in an e-mail) or online posting at an online location designated by TWC.
By accepting these Terms and Conditions, you are not agreeing to stop receiving paper TWC bill statements. You may elect to receive paperless statements by visiting My Services at http://myservices.timewarnercable.com.
In order to retain the Required Legal Information that is not stored in the My TWC App, you will need to have the capability to also open the e-mail or to go to the online location designated by TWC. You will also need to have the capability to save and store the Required Legal Information that is not stored in the My TWC App or you will need a working printer to which you can print from your device.
A COPY OF THESE TERMS AND CONDITIONS, INCLUDING THE E-SIGN CONSENT, IS STORED IN THE HELP SECTION OF THE MY TWC APP.
Your use of the VoiceZone feature of the My TWC App (“VoiceZone”) is also governed by the following terms and conditions.
VoiceZone provides a call log for your TWC Digital Home Phone line, which uses the contact names and information in your mobile device address book to display the name of the person that called your home phone. If the name and phone number of the person that called is not in your address book, VoiceZone will display the phone number only and not a name. VoiceZone accesses this address book data dynamically—it does not collect or store any of this information.
You can also change or reset your voicemail access PIN for your TWC digital home phone line using VoiceZone. If you select the “Keep me signed in” option for the My TWC App, anyone using your mobile device will be able to change or reset your voicemail access PIN and may be able to listen to, manage and share voicemail messages left on your home phone.
Any or all of the activities and collection described above may be performed on our behalf by our services providers.
If you have downloaded the My TWC App from the Apple/iOS App Store, the additional terms set forth in this section apply to your use of the app. These Mobile App Terms are solely between you and Time Warner Cable Inc. and not with Apple Inc. (“Apple”). You may be subject to other agreements that govern your use of Apple’s products and services. Your use of the My TWC App downloaded from the Apple/iOS App Store is limited to a non-transferable license to use such app on any Apple branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
You acknowledge that we, and not Apple, are responsible for the My TWC App and that Apple has no obligation to furnish any maintenance or support services with respect to the application. In the event of any failure of the My TWC App to conform to any warranty provided to you in these Terms and Conditions or under applicable law, you may contact Apple to determine its refund policy. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the My TWC App, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the My TWC App to conform to any warranty. Please note that we have disclaimed all warranties with respect to the My TWC App (see Section 10 of the Time Warner Cable Residential Services Subscriber Agreement).
In the event of any claims by you or any third party relating to the My TWC App, or to your possession or use of the My TWC App, you agree that Apple shall have no responsibility for the investigation, defense, settlement and discharge of such claims, including (i) product liability claims; (ii) any claim that the My TWC App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) intellectual property infringement claims.
By accessing, downloading or using the My TWC App, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You and we acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of these Terms and Conditions and will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third-party beneficiary hereof.
The My TWC App is provided by Time Warner Cable Inc., 60 Columbus Circle, New York, NY 10023. TWC (and not Apple) is responsible for addressing any claims or issues you may have relating to the My TWC App. If you have a question or complaint regarding the My TWC App, please call 1-800-TWCABLE (1-800-892-2253).