Bancorp Cardholder Agreement - Google Wallet Card
CARDHOLDER AGREEMENT
IMPORTANT – PLEASE READ CAREFULLY
Terms and Conditions/Definitions for the Google Wallet Card
This Cardholder Agreement (“Agreement”) outlines the terms and
conditions under which the Google Wallet Card has been issued to you by
The Bancorp Bank, Wilmington, Delaware (“The Bancorp Bank” or “Issuer”).
It also describes Card functionality, Card limitations, and how to use
the Card to access your Google Wallet Balance. This Agreement
supplements but does not replace the Google Wallet Terms of Service.
“Card” means the Google Wallet Card issued to you by The Bancorp Bank.
By accepting and using the Card, you agree to be bound by the terms and
conditions contained in this Agreement and the Google Wallet Terms of
Service which are between you and Google Payment Corp. (“GPC”).
Capitalized terms used and not defined herein shall have the meanings
assigned to them in the Google Wallet Terms of Service. “Card Account”
means the records maintained by GPC to evidence transactions initiated
with the Card, and which reflects the amount you have on deposit in your
Google Wallet Balance, as defined in the Google Wallet Terms of
Service. “You” and “your” mean the person or persons who have received
the Card and are authorized to use the Card as provided for in this
Agreement. “We,” “us,” and “our” mean the Issuer, our successors,
affiliates or assignees.
You acknowledge and agree that the
value available in the Card Account is limited to the funds that you
have directed to be placed into the Card Account or have been placed
into the Card Account on your behalf. You agree to sign the back of the
Card immediately upon receipt. The expiration date of the Card is
identified on the front of your Card. The Card is a debit card. The
Card is not connected in any way to any other account. The Card is not a
credit card. The Card is not for resale. You will not receive any
interest on your funds in the Card Account. The Card will remain the
property of the Issuer and must be surrendered upon demand. The Card is
nontransferable and it may be canceled, repossessed, or revoked at any
time without prior notice subject to applicable law. The Card is not
designed for business use, and we may close your Card if we determine
that it is being used for business purposes. We may refuse to process
any transaction that we believe may violate the terms of this Agreement.
Our business days are Monday through Friday, excluding federal
holidays, even if we are open. Any references to “days” found in this
Agreement are calendar days unless indicated otherwise.
Write
down your Card number and the customer service phone number provided in
this Agreement on a separate piece of paper in case your Card is lost,
stolen, or destroyed. Keep the paper in a safe place. Please read this
Agreement carefully and keep it for future reference.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD ACCOUNT
To help the government fight the funding of terrorism and money
laundering activities, federal law requires all financial institutions
to obtain, verify, and record information that identifies each person
who opens a Card Account. What this means for you: When you open a Card
Account, we will ask for your name, address, date of birth, and other
information that will allow us to identify you. We may also ask to see a
copy of your driver’s license or other identifying documents.
Activate Your Card
You will need to provide personal information in order to verify your
identity when you order the Card. You must activate your Card before it
can be used. You may activate your Card by using any of the methods
provided for activation with the card or by following any directions for
activation provided by GPC.
Personal Identification Number
You will be able to set a Personal Identification Number (“PIN”) using
the Google Wallet application. You should not write or keep your PIN
with your Card. Never share your PIN with anyone. When entering your
PIN, be sure it cannot be observed by others and do not enter your PIN
into any terminal that appears to be modified or suspicious. If you
believe that anyone has gained unauthorized access to your PIN, you
should advise us immediately following the procedures in the paragraph
labeled “Your Liability for Unauthorized Transfers.”
Authorized Card Users
You
are responsible for all authorized transactions initiated and fees
incurred by use of your Card. If you permit another person to have
access to your Card or Card number, we will treat this as if you have
authorized such use and you will be liable for all transactions and fees
incurred by those persons. You are wholly responsible for the use of
each Card according to the terms and conditions of this Agreement.
Secondary Cardholder
You may not request an additional Card for another person.
Your Representations and Warranties
By
activating the Card or by retaining, using or authorizing the use of
the Card, you represent and warrant to us that: (i) you are at least 18
years of age (or older if you reside in a state where the majority age
is older); (ii) you are a U.S. citizen or legal alien residing in the
United States or the District of Columbia; (iii) you have provided us
with a verifiable U.S. street address (not a P.O. Box); (iv) the
personal information that you provide to us in connection with the Card
is true, correct and complete; (v) you received a copy of this Agreement
and agree to be bound by and to comply with its terms; and (vi) you
accept the Card.
Cash Access
With your PIN, you may use
your Card to obtain cash from any Automated Teller Machine (“ATM”) or
any Point-of-Sale (“POS”) device, as permissible by a merchant that
bears the MasterCard® or STAR® Acceptance Mark. All ATM transactions
are treated as cash withdrawal transactions. The maximum cumulative
amount that may be withdrawn from an ATM per day is $300.00. Any funds
withdrawn from a POS device or through a participating bank (over the
counter withdrawal) will be subject to the maximum amount that can be
spent on your Card per day.
Adding Funds to Your Card Account
Funds
may be added to your Google Wallet Balance by means of: (i) a transfer
of funds you initiate from a Funding Account; (ii) funds received from a
Sender; and / or, (iii) a credit issued to you in accordance with the
terms of the Google Wallet Balance Customer Service and Error Resolution
Policy, or (iv) as a courtesy by GPC or Google. See the Google Wallet
Terms of Service for additional details including when funds added to
the Google Wallet Balance will be available.
Using Your Card/Features
The
maximum amount that can be spent on your Card per day is $5,000. See
the Google Wallet Terms of Service for additional spending limitations
in connection with the Google Wallet.
You may use your Card to
purchase or lease goods or services in the United States and District of
Columbia everywhere Debit MasterCard and STAR cards are accepted as
long as you do not exceed the value available on your Card Account. The
Card may not be used outside of the United States and District of
Columbia, including Internet and mail or telephone order merchants
outside of the U.S. and District of Columbia. Some merchants do not
allow cardholders to conduct split transactions where you would use the
Card as partial payment for goods and services and pay the remainder of
the balance with another form of legal tender. If you wish to conduct a
split transaction and it is permitted by the merchant, you must tell
the merchant to charge only the exact amount of funds available on the
Card to the Card. You must then arrange to pay the difference using
another payment method. Some merchants may require payment for the
remaining balance in cash. If you fail to inform the merchant that you
would like to complete a split transaction prior to swiping your Card,
your Card is likely to be declined.
If you use your Card at an
automated fuel dispenser (“pay at the pump”), the merchant may
preauthorize the transaction amount up to $100.00 or more. If your Card
is declined, even though you have sufficient funds available, pay for
your purchase inside with the cashier. If you use your Card at a
restaurant, a hotel, for a car rental purchase, or for similar
purchases, the merchant may preauthorize the transaction amount for the
purchase amount plus up to 20% or more to ensure there are sufficient
funds available to cover tips or incidental expenses incurred. Any
preauthorization amount will place a “hold” on your available funds
until the merchant sends us the final payment amount of your purchase.
Once the final payment amount is received, the preauthorization amount
on hold will be removed. It may take up to seven (7) days for the hold
to be removed. During the hold period, you will not have access to the
preauthorized amount.
If you use your Card number without
presenting your Card (such as for a mail order, telephone, or Internet
purchase), the legal effect will be the same as if you used the Card
itself. For security reasons, we may limit the amount or number of
transactions you can make on your Card. Your Card cannot be redeemed
for cash. You may not use your Card for online gambling or any illegal
transaction.
Each time you use your Card, you authorize GPC to
reduce the value available in your Card Account by the amount of the
transaction and any applicable fees. You are not allowed to exceed the
available amount in your Card Account through an individual transaction
or a series of transactions. See the Google Wallet Terms of Service for
your responsibility for transactions which exceed the available Google
Wallet Balance.
You do not have the right to stop payment on any
purchase or payment transaction originated by use of your Card. You may
not make preauthorized regular payments from your Card Account. If you
authorize a transaction and then fail to make a purchase of that item
as planned, the approval may result in a hold for that amount of funds
for up to thirty (30) days. All transactions relating to car rentals
may result in a hold for that amount of funds for up to sixty (60) days.
Returns and Refunds
If
you are entitled to a refund for any reason for goods or services
obtained with your Card, you agree to accept credits to your Card for
such refunds and agree to the refund policy of that merchant. The
Issuer or GPC is not responsible for the delivery, quality, safety,
legality or any other aspects of goods or services that you purchase
from others with a Card. All such disputes must be addressed and
handled directly with the merchant from whom those goods or services
were provided.
Card Replacement
If you need to replace
your Card for any reason, please contact us at 1-855-492-5538 to request
a replacement Card. You will be required to provide personal
information which may include your Card number, full name, transaction
history, copies of accepted identification, etc.
Transactions Made In Foreign Currencies
Your Card may only be used within the fifty (50) U.S. states including the District of Columbia.
Receipts
You
should get a receipt at the time you make a transaction using your
Card. You agree to retain, verify, and reconcile your transactions and
receipts.
Card Account Balance/Periodic Statements
You
are responsible for keeping track of your Card Account available
balance. Merchants generally will not be able to determine your
available balance. It’s important to know your available balance before
making any transaction. You may obtain information about your Google
Wallet Balance by calling 1-855-492-5538. This information, along with a
sixty (60) day history of Card Account transactions, is also available
online at wallet.google.com . You will not automatically receive paper
statements.
Fee Schedule
All fee amounts will be
withdrawn from your Card Account and will be assessed as long as there
is a remaining balance on your Card Account, except where prohibited by
law. NOTE: Fees assessed to your Card Account balance may bring your Card Account negative.
Anytime your Card Account balance is less than the fee amount being
assessed on your Card Account, the balance of your Card Account will be
applied to the fee amount. THIS WILL RESULT IN A NEGATIVE BALANCE ON
YOUR CARD ACCOUNT. If that occurs, any subsequent deposits or loads into
your Card Account will first be applied to the negative balance.
| Enrollment Fee: | No fee |
| Monthly Maintenance Fee: | No fee |
| Google ATM Fee | No fee |
| POS Transactions Fee: | No fee |
| Customer Service Live Agent Fee: | No fee |
| Replacement Card Fee: | No fee |
If
you use an ATM not owned by us for any transaction, including a balance
inquiry, you may be charged a fee by the ATM operator even if you do
not complete a withdrawal. This ATM fee is a third party fee amount
assessed by the individual ATM operator only and is not assessed by us.
This ATM fee amount will be charged to your Card.
Confidentiality
We may disclose information to third parties about your Card or the transactions you make:
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of your Card for a third party, such as merchant;
- In order to comply with government agency, court order, or other legal or administrative reporting requirements;
- If you consent by giving us your written permission;
- To our employees, auditors, affiliates, service providers, or attorneys as needed; or
- Otherwise as necessary to fulfill our obligations under this Agreement.
Our Liability for Failure to Complete Transactions
If
we do not properly complete a transaction from your Card on time or in
the correct amount according to our Agreement with you, we will be
liable for your losses or damages. However, there are some exceptions.
We will not be liable, for instance:
- If through no fault of ours, your Google Wallet Balance is not enough to complete the transaction;
- If a merchant refuses to accept your Card;
- If an ATM where you are making a cash withdrawal does not have enough cash;
- If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
- If access to your Card has been blocked after you reported your Card lost or stolen;
- If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
- If we have reason to believe the requested transaction is unauthorized;
- If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
- Any other exception stated in this Agreement or the Google Wallet Terms of Service.
Your Liability for Unauthorized Transfers
Contact
us at once if you believe your Card has been lost or stolen.
Telephoning is the best way to minimize your possible losses. If you
believe your Card has been lost or stolen, or that someone has
transferred or may transfer money from your Card Account without your
permission, call us at 1-855-492-5538. Under MasterCard Rules, your
liability for unauthorized MasterCard transactions on your Card Account
is $0.00 if you notify us within two (2) business days and you exercise
reasonable care in safeguarding your Card from loss, theft, or
unauthorized use. This reduced liability does not apply if a PIN is
used as the method of verification for a disputed transaction or you
have reported two (2) or more incidents of unauthorized use in the
immediately preceding twelve (12) month period. If you notify us within
two (2) business days of any unauthorized transactions, you can lose no
more than $50.00 if someone used your Card without your permission. If
you do not notify us within two (2) business days after you learn of
the loss or theft of your Card and we can prove that we could have
stopped someone from using your Card without your permission if you had
promptly notified us, you could lose as much as $500.00.
Also,
if you become aware of and/or your statement shows transactions that you
did not make, notify us at once following the procedures stated in the
paragraph labeled “Information About Your Right to Dispute Errors”. If
you do not notify us in writing within sixty (60) days after you become
aware of the transaction and/or after the statement was made available
to you, you may not get back any value you lost after the sixty (60)
days if we can prove that we could have stopped someone from taking the
value if you had notified us in time and you are grossly negligent or
fraudulent in the handling of your Card. If your Card has been lost or
stolen, we will close your Card Account to keep losses down.
Other Miscellaneous Terms
Your
Card and your obligations under this Agreement may not be assigned. We
may transfer our rights under this Agreement. Use of your Card is
subject to all applicable rules and customs of any clearinghouse or
other association involved in transactions. We do not waive our rights
by delaying or failing to exercise them at any time. If any provision
of this Agreement shall be determined to be invalid or unenforceable
under any rule, law, or regulation of any governmental agency, local,
state, or federal, the validity or enforceability of any other provision
of this Agreement shall not be affected. This Agreement will be
governed by the law of the State of Delaware except to the extent
governed by federal law.
Amendment and Cancellation
We may
amend or change the terms and conditions of this Agreement at any time.
You will be notified of any change in the manner provided by
applicable law prior to the effective date of the change. However, if
the change is made for security purposes, we can implement such change
without prior notice. We may cancel or suspend your Card or this
Agreement at any time. You may cancel this Agreement by returning the
Card to us. Your cancellation of this Agreement will not affect any of
our rights or your obligations arising under this Agreement prior to
termination.
In the event your Card Account is closed,
terminated, or cancelled for any reason, any remaining Google Wallet
Balance will be returned to you. Refunds of balances will be made by
electronic transmission to another account of your choosing, or such
other means as GPC may determine or as may be set forth in the Google
Wallet Terms of Service. To request a refund of any remaining Account
Balance please call 1-855-492-5538.
Information About Your Right to Dispute Errors
Please
review the Google Wallet Balance Customer Service and Error Resolution
Policy for information about your rights to dispute errors. The policy
can be found here: http://wallet.google.com/
English Language Controls
Any
translation of this Agreement is provided for your convenience. The
meanings of terms, conditions and representations herein are subject to
definitions and interpretations in the English language. Any translation
provided may not accurately represent the information in the original
English.
Customer Service
For customer service or additional information regarding your Card, please contact us at:
Google Wallet Card
PO Box 727
Mountain View, CA 94042
1-855-492-5538
PO Box 727
Mountain View, CA 94042
1-855-492-5538
Customer Service agents are available to answer your calls 24 hours, 7 days per week.
Telephone Monitoring/Recording
From
time to time we may monitor and/or record telephone calls between you
and us to assure the quality of our customer service or as required by
applicable law.
No Warranty Regarding Goods or Services as Applicable
We
are not responsible for the quality, safety, legality, or any other
aspect of any goods or services you purchase with your Card.
Arbitration
Any
claim, dispute, or controversy (“Claim”) arising out of or relating in
any way to: i) this Agreement; ii) your Card; iii) the Cards of any
additional cardholders designated by you; iv) your purchase of the Card;
v) your usage of the Card; vi) the amount of available funds in the
Card Accounts; vii) advertisements, promotions or oral or written
statements related to the Cards, as well as goods or services purchased
with the Card; viii) the benefits and services related to the Cards; or
ix) transaction on the Card, no matter how described, pleaded or styled,
shall be FINALLY and EXCLUSIVELY resolved by binding
individual arbitration conducted by the American Arbitration Association
(“AAA”) under its Consumer Arbitration Rules. This arbitration
agreement is made pursuant to a transaction involving interstate
commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C.
1-16).
We will pay the initial filing fee to commence
arbitration and any arbitration hearing that you attend shall take place
in the federal judicial district of your residence.
ARBITRATION
OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE
RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER
PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY,
EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a
copy of the procedures, to file a Claim or for other information about
these organizations, contact them as follows: AAA, at 335 Madison
Avenue, New York, NY 10017 or at www.adr.org.
All
determinations as to the scope, interpretation, enforceability and
validity of this Agreement shall be made final exclusively by the
arbitrator, which award shall be binding and final. Judgment on the
arbitration award may be entered in any court having jurisdiction.
NO
CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY
GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF
ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This
arbitration provision shall survive: (i) the termination of the
Agreement; (ii) the bankruptcy of any party; (iii) any transfer, sale or
assignment of your Card, or any amounts owed on your Card, to any other
person or entity; or (iv) expiration of the Card. If any portion of
this arbitration provision is deemed invalid or unenforceable, the
remaining portions shall remain in force.
IF YOU DO NOT
AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE
THE CARD. SAVE YOUR RECEIPT AND CALL US AT 1-855-492-5538 TO CANCEL
YOUR CARD.
This Cardholder Agreement is effective 11/2013
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