1.1 What This Is
Please read these Terms carefully. These Terms are a legal agreement between you and DCBank. If you add, activate or use your Card in Third-Party Digital Wallet, it means that you accept and agree to these Terms. Please be advised that, your wireless carrier, and other Third-Party services or websites available through Third-Party Digital Wallets may be subject to their own terms and conditions and privacy policies.
Just so we understand each other, here are a few important defined words and what we mean when we use them. When these words are capitalized it indicates we intend them to have the meaning described in this definitions section. The words “you”, “your”, “we”, “us” and “our” will always have the meaning described below even when not capitalized.
a. “Account” means a DCBank prepaid payment product account.
b. “Authorized User” is a person who has been issued a Card on the Account at the request of a Primary Cardholder.
c. “Card” means a prepaid payment product issued by DCBank.
d. “Cardholder Agreement” means the cardholder agreement in place between you and us (as may change from time to time) in respect of your Card and the Account.
e. “Credentials” means personal access codes, user IDs, PINs, passwords, fingerprints or other information required for you to enter into transactions with your Card using the Third-Party Digital Wallet.
f. “DCBank” means Digital Commerce Bank.
g. “Good Standing” means being in full compliance with the Cardholder Agreement.
h. “Mobile Device” means a mobile phone, tablet, watch or other device that supports the Third-Party Digital Wallet.
i. “Primary Cardholder” is the person in whose name the Account exists and who is responsible for the Account.
k. “Third-Party Digital Wallet” means the Third-Party Digital Wallet (or other electronic payment system) into which your Card may be enrolled by you on a Mobile Device including all features, functionality and services now available or added in the future.
l. “Third-Party Digital Wallet Provider” is the organization that provides you with your Third-Party Digital Wallet.
m. “We”, “us” and “our” means DCBank, the issuer of the Card.
n. “You” and “your” means the Cardholder.
2. YOUR CARDHOLDER AGREEMENT
Your Card is governed by the Cardholder Agreement and it does not change when you add your Card to a Third-Party Digital Wallet. The Third-Party Digital Wallet just gives you another way of entering into transactions using your Card. The Cardholder Agreement still applies to your use of a Card in any or all Third-Party Digital Wallet.
3.1 We will not charge you any fees for adding your Card to a Third-Party Digital Wallet. However, you should understand that the Third-Party Digital Wallet Provider and other third parties such as wireless companies or data service providers may charge you fees in connection with your use of the Third-Party Digital Wallet.
3.2 All interest, fees and other charges applicable to your Card continue to apply to all transactions made using any Third-Party Digital Wallet. Please consult your Cardholder Agreement for information on interest rates, fees and other charges.
3.3 We, payment networks or merchants may establish transaction limits from time to time in their discretion. This may mean that you are unable to complete a transaction that exceeds these limits.
4. ADDING AND USING YOUR CARD IN THE THIRD-PARTY DIGITAL WALLET
4.1 Adding your Card to the Third-Party Digital Wallet
a. To add a Card to the Third-Party Digital Wallet you will be required to follow the procedures
of the Third-Party Digital Wallet Provider and any further procedures required by us.
b. You understand that not all Cards are eligible to be added to a Third-Party Digital Wallet. You also need to have an eligible Mobile Device as determined by your wireless carrier – you should contact your wireless carrier directly for further information as DCBank has no control over Mobile Device requirements for any or all Third-Party Digital Wallets.
c. We will not allow you to add your Card to a Third-Party Digital Wallet if your Account is not in Good Standing or if we cannot, to our satisfaction, authenticate the Card or your identity or if we suspect any fraud on the Card or Account.
d. When a Card is successfully added to a Third-Party Digital Wallet, you will be deemed to have accepted these Terms. In addition, if an Authorized User successfully adds a Card to a Third-Party Digital Wallet, the Primary Cardholder is deemed to have accepted these Terms.
4.2 Using your Card in the Third-Party Digital Wallet
When you add a Card to the Third-Party Digital Wallet, you will have another way of entering into transactions with the Card wherever the Third-Party Digital Wallet is accepted as a method of payment. We may place limitations on the transaction amount for transactions entered into using the Third-Party Digital Wallet. You should understand that the Third-Party Digital Wallet may not be accepted at all merchant locations even if your physical Card is accepted at those merchant locations.
5. THE THIRD-PARTY DIGITAL WALLET
5.1 The Third-Party Digital Wallet Provider
We are not the Third-Party Digital Wallet Provider. We are not responsible for the Third-Party Digital Wallet’s use or function. You should contact the Third-Party Digital Wallet Provider if you have any questions or concerns on how to use the Third-Party Digital Wallet or if you are having any problems with the Third-Party Digital Wallet. Because we are not the Third-Party Digital Wallet Provider, we will not be responsible for:
· the performance or non-performance of the Third-Party Digital Wallet;
· if you are unable to use the Third-Party Digital Wallet for any transaction; or
· any inconvenience or loss you may suffer if a merchant is not willing or is unable to accept a Card that has been added to the Third-Party Digital Wallet.
You should also understand that the Third-Party Digital Wallet can be terminated by the Third-Party Digital Wallet Provider at any time without telling you in advance.
5.2 Third Party Agreements
5.3 Cancelling, Suspending or Removing a Card from the Third-Party Digital Wallet
· block you from adding a Card to the Third-Party Digital Wallet;
· suspend your ability to use a Card to enter into a transaction using the Third-Party Digital Wallet; or
· cancel your ability to continue to use a Card in your Third-Party Digital Wallet, in all cases, at any time without telling you in advance, and for any reason, including if we suspect fraud with your Card, if your Account is not in Good Standing, if laws change or if directed to do so by the Third-Party Digital Wallet Provider. You may remove a Card from the Third-Party Digital Wallet by following the Third-Party Digital Wallet Provider’s procedures for Card removal. If you are a Primary Cardholder and want to remove an Authorized User’s Card from a Third-Party Digital Wallet you must contact us at the toll-free at the number listed on the first page of your Cardholder Agreement.
6.1 You must ensure that you maintain the secrecy of any Credentials used to access your Account in the Third-Party Digital Wallet and/or enter into transactions with your Card using the Third-Party Digital Wallet. You agree to keep the Credentials confidential and secure from all persons. If you share your Credentials with others, they may be able to access the Third-Party Digital Wallet and enter into transactions with your Card. You will be responsible for any transactions completed with Credentials in your Third-Party Digital Wallet. You must tell us about any actual or suspected loss, theft or unauthorized use of your Credentials or Card. Contact us toll free at the number listed on your Cardholder Agreement.
6.2 In addition, given that your Mobile Device can be used like a Card to enter into transactions, you must notify us immediately in the event your Mobile Device is lost or stolen in the same manner as if your actual Card was lost or stolen. We will resolve any unauthorized transactions in accordance with the Cardholder Agreement. You are responsible for all transactions made using your Card, except as specifically described in the Cardholder Agreement or as otherwise provided by law. You must also notify us immediately if you believe there is an error on your account or suspect fraud with your Card.
6.3 You must delete your Card from your old Mobile Device if you upgrade, change, or dispose of it or if you transfer it temporarily to a third party (for example, for repair purposes).
7. THINGS WE ARE NOT RESPONSIBLE FOR
You acknowledge that the use of your Third-Party Digital Wallet is at your own risk. This means that we are not responsible for:
a. the security, accuracy or other aspect of the content or function of the Third-Party Digital Wallet;
b. the security of information provided to or stored in the Third-Party Digital Wallet and used by the Wallet Provider;
c. any Third-Party’s products or services provided in conjunction with the Third-Party Digital Wallet;
d. any circumstances that delay, interrupt or otherwise impact or prevent your ability to use a Card in the Third-Party Digital Wallet;
e. the accuracy of information displayed through the Third-Party Digital Wallet on your Mobile Device or otherwise;
f. any wireless service or carrier network used to access, use or maintain your Card in the Third-Party Digital Wallet;
g. the privacy or security of the electronic transmission of personal information through any Third-Party connections or networks; and
h. any security breach affecting any information that is stored or sent from the Third-Party Digital Wallet or Mobile Device.
8.1 When you add a card to the Third-Party Digital Wallet, we collect certain personal information from both you and the Wallet Provider to:
a. enable you to enter into Card transactions using the Wallet;
b. verify your identity;
c. to guard against fraud and maintain the security of your Card;
d. to make information about your Card transactions and history available to you in Third-Party Digital Wallets;
e. to provide or enhance DCBank products or services and to help understand how our customers use Third-Party Digital Wallets
f. authenticate your Card; and
g. to assist your third party provider in performing its obligations and exercising its rights under the agreements it has with you or us to improve Third-Party Digital Wallets.
By adding your Card to a Third-Party Digital Wallet, you understand and agree that we will collect, use and share your information for these additional purposes. Please refer to the DCBank Privacy Agreement for further information about the collection, use and disclosure of your personal information. A copy of the DCBank Privacy Agreement can be obtained at https://www.dcbank.ca/legal/privacy-policy.
8.2 We also collect and share with the Third-Party Digital Wallet Provider, the payment card network and other service providers, information about you to facilitate using your Card in the Third-Party Digital Wallet.
8.3 Whenever a Card is added to a Third-Party Digital Wallet the Primary Cardholder will receive a confirmation message. The Primary Cardholder may also receive a confirmation message if a Card is removed from a Third-Party Digital Wallet.
9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
DCBANK DOES NOT OPERATE THIRD PARTY DIGITAL WALLETS OR WIRELESS NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU EITHER DIRECTLY OR INDIRECTLY FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF THIRD-PARTY DIGITAL WALLETS, SUCH AS THE UNAVAILABILITY OF THIRD-PARTY DIGITAL WALLETS OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. DCBANK DISCLAIMS ANY RESPONSIBILITY FOR THIRD PARTY DIGITAL WALLETS OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN SUCH SERVICES. WE DO NOT WARRANT THAT THE THIRD-PARTY DIGITAL WALLET SERVICES WILL BE AVAILABLE TO COMPLETE A TRANSACTION, THAT A MERCHANT WILL HAVE THIRD PARTY DIGITAL WALLETS AVAILABILE OR THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. USE OF THIRD-PARTY WALLETS INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. WE ARE NOT RESPONSIBLE FOR YOUR MOBILE DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL DCBANK, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, SERVICE PROVIDERS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING DIRECT, COMPENSATORY, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE ANY THIRD PARTY DIGITAL WALLET, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Section 9 shall survive any termination of these Terms.
10. OTHER CONDITIONS
We may change these Terms at any time. We may change these Terms at any time without telling you first, unless we are required to do so under applicable laws. If we amend this Agreement, we will tell you about the amendment in writing by posting a revised version on www.dcbank.ca.
You agree to any such changes by continuing to keep a Card in the Third-Party Digital Wallet(s). The date of the most recent change to these Terms is shown at the top of these Terms. If you do not accept a change to these Terms, you must remove all Cards from all Third-Party Digital Wallets.
By enrolling your Card into the Third-Party Digital Wallet, you consent to receive electronic communications, notifications and messages from us and from our service providers that work on our behalf to service your Account, including enrollment and transaction information. These communications may come by e-mail, SMS text, on your Mobile Device or through the Wallet Provider. You are responsible to update us if your e-mail address or cellphone number changes by using our contact information set out in the Cardholder Agreement. If you wish to withdraw your consent to receive such electronic notifications you can do so, but if you do, you will not be able to continue to use your Card in the Third-Party Digital Wallet.