monies End User License Agreement (EULA)
Last updated: July 10, 2017
- Overview of our Services
- Your Use of Our Services
- Your Information and Security
- Your Account and Sending, Requesting and Receiving Funds
- Cancelations and Refunds
- Our Intellectual Property Rights
- Linking to Our Services and Social Media Features
- Authorization to Contact You
- No Representations or Warranties
- Limitations on Our Liability
- Your Indemnification of Us
- Legal Disputes
- Terms and Conditions for the monies Virtual Prepaid Visa®
1. Overview of our Services
a. General. Our services enable you to send, transfer, request, fund requests, give or receive funds and perform other related activities involving payments and money transfers. A “Sender” is the user that uses our Services to send or transfer funds. A “Recipient” is an individual who receives funds from a Sender through our Services. A “Transaction” or “Transfer” is a specific instruction to send or transfer funds through our Services. We have no responsibility for the actions of Recipients or for the subject of any transfers. We do not guarantee that a Sender or a Recipient can or will complete a transaction.
b. Visa Prepaid Cards. Our Services may include your access to a Virtual Prepaid Visa Card or Physical Prepaid Visa Card (“Visa Services”), including our value-added services in connection with the Visa Services. In addition to these Terms, your access and use of any Visa Services is also subject to and governed by the Virtual Prepaid Visa Card Terms and Conditions, which can be accessed here, and the Physical Prepaid Visa Card Terms and Conditions, which can be accessed here (collectively, “Visa Terms”). Any Virtual Prepaid Visa Card or Physical Prepaid Visa Card issued to you under our Services is issued by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc.
c. Third-Party Services. We may provide on or through our Services links or access to other applications, websites, mediums, content or materials belonging to our service providers, business partners, affiliates, advertisers and other third parties (collectively, “Third-Party Services”). For the avoidance of doubt, Third-Party Services include the Unidos remittance services and the Visa Services provided on, through or in connection with our Services. If you access any of the Third-Party Materials, you do so entirely at your own risk and subject to the terms and conditions of use of such Third-Party Materials. We accept no responsibility for such third parties or for any loss or damage that may arise from your use of any Third-Party Materials or the products or services of those third parties.
d. We provide our services in multiple jurisdictions. The availability of our services is subject to our capabilities in each jurisdiction or based on your profile excluding, gender, religion, political affiliation or immigrant status.
2. Your Use of Our Services
a. Eligibility. To use our Services, you must be 18 years of age or older, based on the age of majority in your jurisdiction, and must have the capacity to enter into a legally binding agreement. We may restrict or deny all or a portion of our Services based on the jurisdiction in which you are located or on information regarding you that comes to our attention from time to time.Our Services are intended to be accessed and used only by adults and are not directed to minors. We do not knowingly collect personally identifiable information relating to anyone under the age of 13 and you should not provide us with any personally identifiable information regarding any individual under the age of 13. By using our Services, you represent that you have the capacity to be bound by these Terms. You are solely responsible for making all arrangements necessary for you to access our Services.You must be the beneficial owner of any account with us established by you, and conduct transactions only on behalf of yourself.
b. Identity and Authority Verification. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity or your authority to use any of your designated funding sources. This may include asking you for further information or documentation, requiring you to provide valid government issued identification or a taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying Your Information (as defined below) against third-party databases or through other sources.
c. Investigations.. We reserve the right to review or investigate potentially high-risk transactions, as determined by us in our sole and absolute discretion. If we determine that an investigation or review is appropriate with respect to any particular transaction, we will place a hold on the transaction and any related funds and may (but need not) provide notice to you and/or the recipient. If based on our review or investigation, we determine, in our sole and absolute discretion, that the transaction is or may be in violation of these Terms or is otherwise suspicious, then we may cancel the transaction. We will provide notice to the sender by email and/or in the account history tab of your account if the payment is canceled.
d.Fees. Fees for our Services will be communicated to you prior to our acceptance of a transaction order by you. Your use of our Services is subject to your payment of the applicable fees. Fees for our Services may vary from time to time, but any changes in fees will not apply to any transactions for which you have received a confirmation from us. You will pay all fees incurred by you or on your behalf through our Services, at the prices in effect when such charges are incurred, including any taxes applicable to your transactions. The sender will always determine whether the sender, the recipient or both will pay the applicable fees. Specifically, the sender may decide to pay the applicable fees, require that the recipient split the fees evenly with the sender, or require that the recipient cover all of the fees. In any case, we will deduct the fees from your account or amounts to be received by you, as applicable depending on whether you are the sender or the recipient.
e. Restrictions on Use. You may use our Services only as permitted by us, only for lawful purposes and only in accordance with these Terms. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. You may use our Services only in good faith for yourself or others on whose behalf you are authorized to act. You may not access or use our Services for any other purposes, including to conduct unlawful or illegal activity. Without limiting the generality of the foregoing, you may not and may not assist, encourage, support or enable others to:
- Use our Services in connection with any activity that: violates any applicable federal, state, local or international law or regulation, or the rights of a third-party; relates to a transaction that (a) discloses the personal information of third parties in violation of applicable law, (b) supports pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) involves credit repair, debt settlement services, or (d) involves offering or receiving payments for the purpose of bribery or corruption; or involves the sale of products or services identified by any government agency to have a high likelihood of being fraudulent;
- Provide false, inaccurate or misleading information;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Use our Services in any way that violates any applicable federal, state, local or international law or regulation, or the rights of a third-party;
- Use your account with us or our Services in a manner that we, Unidos, Visa, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of these Terms, the Unidos Policies, the Visa Terms, or card association or network rules (each as applicable);
- Use an anonymizing proxy, or control an account that is linked to another account that has engaged in any activity prohibited by these Terms;
- Control or possess more than one account without authorization from us;
- Use our Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, another user of our Services, a third-party or you;
- Through the use of our Services, unlawfully defame, abuse, harass, offend or threaten anyone or any entity;
- Engage in any conduct that restricts or inhibits, or prevents access, use or enjoyment of our Services, or which, as determined by us in our sole and absolute discretion, may harm us or users of our Services or expose them to liability;
- Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of our Services, including their ability to engage in real time activities through our Services;
- Use any robot, spider or other automatic device, process or means to access our Services for any purpose, including monitoring or copying any of the material on our Services;
- Use any manual process to monitor or copy any of the material on our Services or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of our Services;
- Introduce any viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material to, on or through our Services;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Services, or any servers, computers or databases on which our Services our stored;
- Attack our Services via a denial-of-service attack or a distributed denial-of-service attack;
- Publish a service comparison analysis of any nature without written authorization;
- Otherwise attempt to interfere with the proper working of our Services; or
We may, in our sole discretion, cancel your access to our Services for any reason, including as a result of any breach or suspected breach of these Terms.
f. Availability. Your access and use of our Services may be interrupted from time to time for any of several reasons, including the malfunction of our software platform or infrastructure, periodic updates, maintenance or repair of our Services or other actions that we may, in our sole discretion, elect to take. We may suspend or discontinue the availability of our Services or any portion or feature of our Services at any time in our sole discretion and without prior notice to you. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to all or any part of our Services by users.
3. Your Information and Security
b. Your Contact Information. It is your responsibility to keep the information you provide to us in order to contact you (“Contact Information”) up to date so that we may communicate with you. You understand and agree that, if we attempt to communicate with you using your Contact Information but you do not receive the communication because your Contact Information on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive the communication for reasons outside of our control, we will be deemed to have provided you the communication effectively. To the extent your Contact Information includes an email address, please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to view the communications we send to you via email.
c. You Must Maintain the Security of Any Password or PIN Issued to You. If our Services require you to create, obtain or use a password or PIN to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password or PIN. You acknowledge that your credentials, including your PIN and related account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password, PIN or other security information. We will not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third-party. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of these Terms.
d. You Must Notify Us of a Breach. You must immediately notify us of any unauthorized use of your credentials, any unauthorized use of any account that you may have with us, any violation of these Terms, or any other breach of security known to you in connection with our Services by sending an e-mail to us at firstname.lastname@example.org.
4. Your Account and Sending, Requesting and Receiving Funds
a. Transaction Limits. We or our Third-Party Service providers (including Unidos and Visa) may impose transaction limits on your ability to send, deposit, transfer or withdraw funds in our discretion, including, without limitation, as a result of requirements of applicable law or otherwise. Transaction limits help us screen for suspicious activity, protect your financial security, and keep our Services a safe place to send and receive money. They also help us keep our costs down so that we can continue providing our Services at the prices we offer our users. For these reasons, we cannot at any time increase your limits beyond those imposed by us or our Third-Party Service providers.
b. Sending Funds. When you attempt to send funds through our Services, we use your designated funding source to make the payment in its entirety. When you send funds, the Recipient is not required to accept it. Any unclaimed, refunded or denied funds sent by you will be returned to your balance within 30 days of the date that you initiated the payment.
c. Requesting Funds. Subject to applicable law, you may request funds from persons you know in the jurisdictions in which we provide our Services. These persons may decide to respond to your grant, deny or otherwise not respond to your request, and we take no part and will incur no liability for the end result of your request. You may not send requests impersonating other persons or to people that you do not know personally, each which may constitute fraud or harassment in some jurisdictions and maybe prosecuted as a crime.
d. Receiving Funds. When you receive funds through our Services, you accept the source of the funding. If you receive any funds by mistake you must contact us via email at email@example.com. If you do not report a mistaken transaction, you will be liable to us for the full amount of the funds plus any fees if the relevant transaction is later invalidated for any reason. You agree to allow us to recover any amounts due to us by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to immediately reimburse us through other means, and if we are unable to recover the funds from you, we may attempt to contact you or take other legal actions to collect the amount due, to the extent allowed by applicable law.
e. Your Account Balance. If you have an account with us, your account balance consists of the funds you have in your account that are available for new transfers and are not subject to pending transfers. Please note that we are not a bank or other chartered depository institution. Accordingly, any account balance is not a deposit obligation and is not insured for your benefit by the United States’ Federal Deposit Insurance Corporation or any other governmental agency of your Jurisdiction. Your funds will held by our Third-Party Service providers in connection with the processing of transactions. Funds held in balance are an ancillary function of enabling our Services to you and not for other benefit.
f. Account Funding. You can fund your account with a bank account, debit card, credit card, or in some cases, via cash or pay check deposits. However, in order to manage risk, we may limit the funding sources available for your use to fund any particular transaction. For example, we may limit your funding sources for a particular transaction to debit cards or your checking account. Please note that the various funding sources have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the funding source used to fund your transaction.By funding your account, you represent that you have the right to use, access and/or debit (as applicable) the bank account, debit card, credit card or cash that you designate as a funding source. By submitting bank account, debit card, credit card or cash information to us, you grant to us the right to provide such information to third parties for purposes of facilitating transactions.When you use your checking account as your funding source, you are requesting that we (and our Third-Party service providers) initiate on your behalf an electronic transfer from your bank account. We reserve the right to verify your account info and check for funds availability using Third-Party Service providers. For these transactions, we or our Third-Party Service providers will make electronic transfers (via the Automated Clearing House (“ACH”) of NACHA – The Electronic Payment Association (“NACHA”)) from your bank account in the amount you specify. Such requests constitute your authorization of us or our Third-Party Service providers to make the ACH transfer, that once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer, and that we or our Third-Party Service providers may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA’s ACH rules (collectively, the “ACH Rules”), or applicable law.When you use your debit card as your funding source, we will process the funding transaction through the Visa/MasterCard network, as we elect in our sole and absolute discretion.
g. Interest and Other Accrued Amounts on Your Balance. You understand and agree that you will not receive interest or other earnings on any account balance held by our Third-Party Service providers. In consideration of our Services, you hereby irrevocably transfer and assign to us and our Third-Party Service providers any ownership right that you may have in any interest or other value that may accrue on your account balance, if any.
h. Your Negative Balance or Past Due Amounts. If the balance in your account is negative for any reason or if you have any past due amounts owed to us, we may set off the negative balance or such amounts by deducting such amounts from money you receive into your account, or money you attempt to withdraw or send from your account. You agree that we may recover any such amounts due by debiting your balance. If there are insufficient funds in your balance to cover your liability to us, you agree to immediately reimburse us through other means, and if we are unable to recover the funds, we may attempt to contact you, or take other legal actions to collect the amount due, to the extent allowed by applicable law.
i. Account Reserves. For high volume accounts, we may, in our sole and absolute discretion, place a reserve on amounts in your account when we believe there may be a high level of risk associated with your account. If your account is subject to a reserve, we will provide you with notice specifying the terms of the reserve. By way of example but not by way of limitation, the terms may require that a certain percentage of the amounts received into your account are held for a certain period of time, or that a certain amount of money is held in reserve, or impose other conditions or requirements as we determine in our sole and absolute discretion necessary to protect against the risk associated with your account. We may change the terms of the reserve at any time by providing you with notice of the new terms.
j. Withdrawing Funds. You may transfer funds from your account with us by electronically transferring them to your bank account. We may provide limited withdrawals to debit cards depending on what product is enabled and approved on your account.We reserve the right to delay withdrawals while we screen for risk, or request that you provide additional information to verify your identity, and we may limit the amount you can withdraw until the information is verified. When you transfer money from your balance to your linked financial institution account(s), the ACH Rules will govern the transfer.
k. Closing Your Account. As long as there are no pending or in progress transactions, you may close your account at any time; however, you must withdraw your balance prior to closing your account. You may not close your account to evade an investigation by us or our designees. If you attempt to close your account while we are conducting an investigation, we may hold your funds for up to 180 days to protect us or a third-party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the account is closed.
5. Cancelations and Refunds
a. Cancelations. A Sender may cancel an international transaction when the method for delivery is either cash or bank account deposit that such Sender initiated if the applicable funds have not yet been deposited, delivered, or paid to, or otherwise accepted by, the recipient. In the case of such a cancellation, and except as otherwise prohibited by applicable law, the Sender shall be credited a full refund of the principal amount, minus any fees paid by the Sender to the same payment instrument used to fund the transaction. A Sender may submit a request for a transaction to be cancelled and the payment be refunded to such Sender by contacting us through the monies App Support Section or via moniesapp.com/support. Subject to applicable law, we do not guarantee that a request for the cancellation of a transaction or a refund of any payment submitted in a transaction will be accepted or fulfilled, and we may, in our sole and absolute discretion, deny any request for a cancellation or refund for any reason, regardless of whether the recipient has yet accepted or collected the payment.
Except as stated in the immediately foregoing paragraph, transactions using our Services cannot be cancelled by a Sender once the Sender has initiated payment, even if the recipient has not yet accepted payment. monies does not mediate disputes between Senders and Recipients, so we encourage Senders to take caution when preparing to make a transaction and to be certain all of the information for the transaction is correct, including and especially the Recipient’s information. If the transferred funds have not been deposited, delivered, or paid to, or otherwise accepted by the Recipient within 30 days of the initial date of the transaction, the funds and any fees paid by the Sender for such transaction shall be returned to the Sender pursuant to these Terms.
monies, our partners, our subsidiaries, and our affiliates may delay or cancel a transaction for reasons that include, without limitation: (1) fraud and anti-money laundering compliance review, identity verification, or otherwise as a result of any review or investigation by us (as further set out in Section 2(c) of these Terms); (2) to otherwise comply with applicable law and regulations, including, without limitation, due to an actual, suspected, or potential violation of applicable law and regulations by any party involved in a transaction or a proposed transaction; and (3) due to an actual, suspected, or otherwise potential violation of these Terms or any other policies or procedures of monies, or any of our partners, subsidiaries, or affiliates by any party involved in a transaction or proposed transaction. Subject to applicable law, monies may, in our sole discretion, limit the amount of any transaction, or chose not to conduct a transaction by providing a refund to the sender. Except as otherwise explicitly stated in these Terms or as otherwise required by applicable law, we are not responsible to Sender, recipient, or any other person or entity for any unclaimed, refunded, denied, or cancelled payments or transactions, regardless of the reason such funds went unclaimed or the reason for such refund, denial, or cancellation.
b. Remittances generated from California. “You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if monies LLC does not forward the money received from you within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by you within 10 days of the date of the receipt of the funds from you unless otherwise instructed by you. If your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of your money. If you want a refund, you must mail or deliver your written request to 2000 South Dixie HWY Suite 100B Miami FL 33133 Attn: Legal. If you do not receive your refund, you may be entitled to your money back plus a penalty of up to $1,000 and attorney’s fees pursuant to Section 2102 of the California Financial Code.” If you have complaints with respect to any aspect of the money transmission activities conducted at this location, you may contact the California Department of Business Oversight at its toll-free telephone number, (866) 275-2677, by e-mail at firstname.lastname@example.org, or by mail at: Department of Business Oversight, Consumer Services. 1515 K Street, Suite 200, Sacramento, CA 95814.
c. Remittances generated from Texas. As a Sender located in the state of Texas, you are entitled to cancel a transaction, and receive an immediate refund of all money charged for the transaction, including any fees paid within 30 minutes of initiating the transaction, unless the intended Recipient of the transaction has received the funds, or its equivalent. If you have a complaint, first contact monies at 1 (855) 767-5327. If you still have an unresolved complaint regarding the company’s money transmission or currency exchange activity, please direct your complaint to: Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, (877) 276-5554 FREE (toll free), www.dob.texas.gov.
a. App Services. Certain aspects of our Services may include access and other capabilities in connection with or otherwise relating to your mobile or other internet-enabled device (collectively, “Apps”). By using our Apps, you: i) Acknowledge that these Terms are between you and us and not with Apple, Inc., Google, Inc. or any other third-party; ii) agree not to use or manipulate our Apps on your device while driving or operating any vehicle or other machinery; iii) acknowledge that certain parts of our Apps may require phone service, data access or text messaging capability. Except as otherwise noted, carrier rates for phone, data and text messaging will apply; and iv) acknowledge that we may, in our sole discretion and at any time, change, suspend, remove or disable access to content or other materials comprising part of our Apps at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use or access of certain features or portions of our Apps, in any case without notice or liability.Any Apps made available by us to you are licensed, not sold, to you. Your license to the Apps is subject to your prior acceptance of these Terms and you agree that these Terms will apply to the Apps that you license. We reserve all rights in and to any Apps not expressly granted to you under these Terms.
b. Scope of License. The license granted to you for any App is a limited, non-exclusive and nontransferable license to (i) access, download, install and use our Apps for your personal, non-commercial use on a single, compatible device that you own or control (“Device”), as permitted by these Terms and subject to any additional rules and restrictions imposed upon you by third parties, such as rules and restrictions imposed by your Device provider and your application store provider (“Third-Party Rules”); and (ii) access, stream, download and use on such Device our Apps, strictly in accordance with these Terms. For the avoidance of doubt, this license does not allow you to use any App on any Device that you do not own or control, and you may not distribute or make any App available over a network where it could be used by multiple devices at the same time.Except as expressly permitted by this license and the Third-Party Rules, you may not rent, lease, lend, sell, transfer, redistribute or sublicense any App and, if you sell or otherwise transfer your Device to a third-party, you must remove each App from the Device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of any App, any Updates (as defined below), or any part of any App or Update (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included in our Apps). Any attempt to do so is a violation of our rights and the rights of our licensors. If you breach this restriction, you may be subject to prosecution and damages.The terms of this license will govern any Updates, unless such Update is accompanied by a separate license in which case the terms of that license will govern.
c. Termination. This license to use our Apps is effective until terminated by you or us. You may terminate this license by deleting the App and all copies of such App from your Device. We may terminate this license at any time for any or no reason without notice. Additionally, this license will terminate automatically without notice from us if you fail to comply with any term of these Terms. Upon termination of this license, you will cease all use of such App and destroy all copies, full or partial, of such App. Any termination of this license will not limit any of our rights or remedies available at law or in equity.
e. Updates. We may, from time to time, in our sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. However, to the extent we provide any Updates, you must promptly download and install all Updates. The App or portions thereof may not properly operate should you fail to do so.
7. Our Intellectual Property Rights
You may not use our or any third-party proprietary marks available on the Services (“Proprietary Marks”) without our prior express written permission, which permission may be withheld in our sole discretion. We make no proprietary claim to any third-party names, trademarks or service marks appearing on or within our Services. Any third-party names, trademarks and service marks are property of their respective owners.
You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights in connection with your use of our Services, or any other harm incurred by us as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using our Services (including any Proprietary Marks).
8. Linking to Our Services and Social Media Features
Additionally, our Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content available on our Services; send e-mails or other communications with certain content, or links to certain content available on our Services; or cause limited portions of content on available on our Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: a) Establish a link from any website that is not owned by you. b) Cause our Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any website, or c) otherwise take any action with respect to the materials on available on our Services that is inconsistent with any other provision of these Terms.
Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with our content standards, as determined from time to time by us, in our sole and absolute discretion. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Our Services are controlled, operated and administered by us from our offices within the United States of America. We make no representations that our Services are permissible, appropriate or available for use in other jurisdictions. If you access any of our Services from a location outside the United States, then you do so by your own volition and you are solely responsible for compliance with all laws, regulations and rules (including local laws and any applicable United States export control laws). You must not use our Services in a manner prohibited by any applicable state, federal, international or local laws, rules, restrictions or regulations.
10. Authorization to Contact You
If you send e-mail or other communications to us, you are communicating with us electronically, and consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by e-mail or other communications or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
11. No Representations or Warranties Regarding our Services
Without limiting the foregoing, you acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that operation of and access to our Services may be interfered with as a result of technical issues or numerous factors outside of our control. We make no representation, warranty, or guarantee that our Services that may be available for downloading is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, device, data, programs or other equipment or material due to your use of our Services or items obtained through our Services or to your downloading of any material posted on our Services or any links to our Services.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
12. Limitations on Our Liability
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this “Limitations on Our Liability” section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.
13. Your Indemnification of Us
14. Legal Disputes
a. General. Any Dispute (as defined below) between us relating in any way to or arising out of these Terms or your use of or access to our Services will be resolved in accordance with the provisions set forth below. Please read this “Legal Disputes” section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
b. Applicable Law. These Terms are governed by and construed in accordance with the internal laws of the State of Florida, without regard to conflicts of law principles. You agree that our Services shall be deemed: (i) based solely in the State of Florida; and (ii) passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Florida.
c. Agreement to Arbitrate. Any action, suit, proceeding or dispute of any kind arising directly, indirectly, or otherwise in connection with, out of, related to or from these Terms or the relationship between you and us (each, a “Dispute”), including the extent to which any Dispute is subject to arbitration pursuant to this Section, will be submitted exclusively to (i) if you are located in the United States, the American Arbitration Association (“AAA”), or (ii) if you are located outside of the United States, the International Court of Arbitration of the International Chamber of Commerce (“ICC”), and in either case, will be finally settled under the Rules of Arbitration of the ICC (“ICC Rules”) or the Consumer Arbitration Rules of the AAA (“AAA Rules”) (as applicable) by one or more arbitrators appointed in accordance with said rules, provided, however, that if the amount in dispute (excluding interest, fees and costs) does not exceed $1,000,000, it will be resolved by a sole arbitrator appointed in accordance with ICC Rules or AAA Rules, as applicable, and if the amount in dispute exceeds $1,000,000, unless otherwise agreed to by you and us, it will be resolved by three (3) arbitrators appointed in accordance with ICC Rules or AAA Rules, as applicable.
d. Conduct of Arbitration. The arbitration will be conducted exclusively by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required, and you and we may participate by means of video conference, teleconference or other similar communications equipment by means of which all persons participating can hear each other. If in-person appearance is required, required hearings will take place in Miami-Dade County, Florida, United States. The arbitral proceedings will be conducted in the English language. All awards may if necessary be enforced by any court having jurisdiction. You and we will keep the existence of any Dispute, the existence or details of the arbitration proceeding, and all related documents, negotiations, materials, evidence, judgments and awards, strictly confidential. Without limiting the generality of the foregoing, except as required by applicable law, neither you nor us will make any public announcements with respect to the proceeding or the award, except as required to enforce same. The results of arbitration pursuant to these Terms will be final and binding on both you and us.
e. Costs of Arbitration. Arbitration costs will be shared equally by you and us, provided, however, that each of you and us will be responsible for your and our own expenses (including legal fees) and costs related to the presentation and defense of your and our position in the arbitration proceeding and any costs related to the enforcement of any arbitral decision. Notwithstanding the foregoing, the arbitrator(s) will have the right to award reasonable attorneys’ fees and expenses and applicable costs of arbitration in accordance with applicable rules of arbitration.
f. Prohibition of Class and Representative Actions and Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
g. YOU DO NOT AND WILL NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING S. BY USING OUR SERVICES, YOU CONSENT TO THESE RESTRICTIONS.
h. Judicial Forum for Legal Disputes. Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular Dispute as a result of a decision by the arbitrator or a court order, any such Dispute must be resolved exclusively by a state or federal court located in Miami-Dade County, Florida. You and we will submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes.
i. Our Remedies. You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms.
For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”; and the word “or” is not exclusive. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and will not limit or otherwise affect in any way the meaning or interpretation of these Terms.
All covenants, agreements, representations and warranties made in these Terms, as may be amended in accordance with these Terms from time to time, will survive your acceptance of these Terms and the termination of these Terms.
No failure to exercise, and no delay in exercising, any right or any power set forth in these Terms by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under these Terms by us preclude further exercise of that or any other right or power under these Terms.
We may update, amend or change these Terms at any time, in our sole discretion and without notice. Amendments will take effect immediately upon us posting such updates on our Services. We encourage you to periodically check these Terms for changes, as your continued access and use of our Services following the posting of any changes will automatically be deemed your acceptance of all changes. If you do not agree to any change to these Terms, you must discontinue using our Services. These Terms replace all previous notices or statements with respect to this subject, and cannot be modified orally or in writing by any of our associates, representatives or any other third parties.
We may give, assign or transfer our rights or obligations under these Terms to any person or entity at any time with or without your consent. You may not give, assign or transfer your rights or obligations under these Terms to any person or entity without our prior written consent, which may be withheld in our sole discretion. Any attempt to assign your rights or obligations under these Terms without our consent will be void.
We will not be liable for any delay in or failure to perform our Services due to changes, delays, failures or problems out of our control, including any changes, delays, failures or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor or materials and other similar events.
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If you have questions, comments, concerns or feedback regarding these Terms or our Services, please contact us via email at: email@example.com.
16. Terms and Conditions for the monies Virtual Prepaid Visa®
a. Terms and Conditions for the monies Virtual Prepaid Visa®.This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the monies Virtual Prepaid Visa Account has been established for you by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank © 2014. The Program Manager for the monies Virtual Prepaid Visa is Catalina Card Services, Inc. and their Customer Service telephone number is 1-855-558-0042. By accepting and/or using this Virtual Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, “Virtual Card” means the monies Virtual Prepaid Visa account established for you by Metropolitan Commercial Bank. “Virtual Card Account” means the records we maintain to account for the value of transactions associated with your Virtual Card. “You” and “your” means the person or persons who have received the Virtual Card and who are authorized to use the Virtual Card as provided for in this Agreement. “We,” “us,” and “our” mean Metropolitan Commercial Bank, our successors, affiliates or assignees. The Virtual Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Virtual Card. What this means for you: When you apply for a Virtual Card, we will ask for your name, address, date of birth, social security number or country identification number, and other information that will allow us to identify you. We may also ask for your driver’s license number or other documentation bearing your photo as verification of your identity. By participating in the Virtual Card program, you warrant factual representation of the required information is accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number or other identification documentation, date of birth, and telephone number. If you falsify, misrepresent, or fail to provide requested information, we may cancel your Virtual Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially Federal investigation. We reserve the right to restrict or delay your access to any such funds.
b. Your Virtual Card.The Virtual Card is a prepaid card account. The Virtual Card allows you to access funds loaded or deposited to your Virtual Card Account by you. The funds in your Virtual Card Account will be FDIC-insured once we have been able to verify your identity. You may access the funds in your Virtual Card Account by using your Virtual Card Number or by automated clearinghouse (ACH). The Virtual Card is not a credit card. The Virtual Card is not a gift card, nor is it intended for gifting purposes. You will not receive any interest on your funds on the Virtual Card. The funds in your Virtual Card Account will not expire, regardless of the expiration date given at the time of issuance.
c. FEES:. THE FEES RELATING TO THE USE (AND MISUSE) OF YOUR VIRTUAL CARD ARE SET FORTH IN THE “SCHEDULE OF FEES AND CHARGES” ATTACHED TO THIS AGREEMENT AND INCORPORATED HEREIN BY REFERENCE. FEES INCURRED PURSUANT TO THE TERMS OF THIS AGREEMENT WILL BE WITHDRAWN FROM YOUR VIRTUAL CARD ACCOUNT AND WILL BE ASSESSED SO LONG AS THERE IS A REMAINING BALANCE IN YOUR VIRTUAL CARD ACCOUNT, UNLESS PROHIBITED BY LAW. You agree to pay all fees associated with the Virtual Card. Fees are set forth in the “Schedule of Fees and Charges” section of this Agreement. We may from time to time amend the Fee Schedule, at our sole discretion as set forth in the section of this Agreement entitled, “Amendment and Cancellation.”
If you request a service that is not included in this “Schedule of Fees and Charges” and there is a fee for such service, such fee will be disclosed at the time you request the service and you agree that any such fee may be deducted from your Virtual Card Account.
d. Virtual Card Account Use and Purpose. Initially, you are issued a limited access virtual card account which you may load once and reload once with a maximum of $1000 without providing your social security number or country identification number. After providing your social security number or country identification, you will be granted full access
subject to the limitations set forth in this Agreement. You may use your Virtual Card or Virtual Card Number to: (1) add funds to your Virtual Card Account (as described in the Section titled “Adding Funds to Your Virtual Card Account”), and (2) purchase goods or services wherever your Virtual Card is honored as long as you do not exceed the value available in your Virtual Card Account. There may be fees associated with some of these transactions. For fee information, see the “Schedule of Fees and Charges” attached to this Agreement. You agree not to use your Virtual Card Account for illegal gambling or any other illegal purpose. At any time you will have the option to opt in to receive a Physical monies Visa Card.
We will provide you our bank routing number and assign you a 14 digit Account Number once your identity has been verified. The bank routing number and your assigned Account Number are for the purpose of initiating direct deposits to your Virtual Card Account and authorized ACH debit transactions only. Your monies Virtual Visa Card number may only be used for purchases on the internet or with mail or telephone orders. It cannot be used for transactions that require a physical card to be present. Some cash load methods will not apply to the monies Virtual Visa Card. Your monies Virtual Visa Card will deactivate when the personalized card is activated. The 14 digit Account Number will not be the same as your Virtual Card Account. Your Virtual Card Account should not be used for these types of transactions or they will be rejected. You are not authorized to use the bank routing number and Account Number if you do not have sufficient funds in your Virtual Card Account or to make a debit transaction with a paper check, check-by-phone or other item processed as a check. These debits will be declined and your payment will not be processed. You may also be assessed an ACH Decline Fee (see the “Schedule of Fees and Charges” attached to this Agreement).
e. Limitations on Frequency and Dollar Amounts of Transactions.The total amount of purchases that you can perform in any single day on a Full Access Card is limited to 25 POS (meaning Point of Service) purchases with a maximum amount of $2000 per day. The maximum aggregate value of your Full Access Virtual Card Account is restricted to $10,000 at any point in time. The total amount of purchases that you can perform in any single day on a Limited Access Virtual Card is 25 POS purchases with a maximum amount of $1,000 as enclosed in the Account Usage Chart below. We will determine any maximum value by aggregating the activity and value of all Virtual Card Accounts you may have with us. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Virtual Card. There are two classifications, Limited Use Account and Full Access Account.
Full Access Account.
FULL ACCESS ACCOUNT USAGE
|Maximum Balance on the card
|Cash Withdrawal (ATM)
||5 per day
||Up to a maximum of $1,000 per day
|Direct Deposits & ACH Deposits
||8 per day
||Up to a maximum of $6,000 per day
||4 per day
||Up to a maximum of $999 per day
|Card-to-Card Transfers (Closed Loop)
||10 per month
||Up to maximum amount of $10,000 per month
||3 per day
||Up to a maximum of $1,000 per day
||3 per day
||Up to a maximum of $1,000 per day
|Cash Purchases (POS)
||25 per day
||Up to a maximum amount of $2,000 per day
LIMITED USE ACCOUNT
|Maximum Balance on the card
|Deposits (Direct deposit or Card-to-Card transfer)
||Up to a maximum of $1,000
|Cash Purchases (POS)
f. Adding Funds to Your Virtual Card Account. You may add funds to your Limited Access Virtual Card Account two times (called “value loading”) at any time. Absent special approval, the maximum combined value of funds in your Virtual Card Account(s) may not exceed $1,000 on the Card. You agree to meet identification requirements to complete value load transactions as may be required from time to time.
g. Transactions Using Your Virtual Card Number. Although you initiate a transaction by providing your Virtual Card Number without the use of a physical card (whether for a mail order, Internet or telephone purchase, or an ACH debit purchase), the legal effect will be the same as if you used a Card to conduct a PIN transaction for such purchases.
h. Your Obligation for Negative Balance Transactions. You should monitor your balance and ensure that you have funds available in your Virtual Card Account to cover the transaction and all associated fees. The transaction will be rejected (declined) for insufficient funds and you will not exceed available funds (no negative balance). Each time you initiate a Virtual Card transaction, you authorize us to reduce the funds available in your Virtual Card Account by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Virtual Card Account through an individual transaction or a series of transactions to create a “negative balance” as the transaction will be declined. Nevertheless, if any transactions cause the balance in your Virtual Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. You may also be liable for any related Insufficient Funds/NSF Fee(s) as set forth in the accompanying “Schedule of Fees and Charges.” We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Virtual Card we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Virtual Card should you create one or more negative balances with your Virtual Card.
i. Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New York.
j. Recurring Transactions. A Full Access Virtual Card account is required for these transactions. If you intend to use the Virtual Card for recurring transactions, you should monitor your balance and ensure you have funds available in your Virtual Card Account to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Virtual Card at substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your Virtual Card Account to cover the transaction. If these recurring transactions vary in amount, the person you are going to pay should tell you 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If you choose to get and activate a physical monies Prepaid Card, the virtual card number will deactivate and you should contact billers using your card number to update your information with the new number. You may also direct deposit funds to your Virtual Card Account by providing our bank routing number and your assigned Account Number to your employer or other direct deposit pay or (as described in the Section above entitled “Card Account Use and Purpose”).
k. Returns and Refunds. If you are entitled to a refund for any reason for goods or services obtained with your Virtual Card, you agree to accept credits to your Virtual Card Account for such refunds. You are not entitled to a check refund unless your Virtual Card Account has been closed. The amounts credited to your Virtual Card Account for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
l. Virtual Card Cancellation and Suspension; Limits. We reserve the right, in our sole discretion, to limit your use of the Virtual Card, including limiting or prohibiting specific types of transactions. We may refuse to issue a Virtual Card, revoke Virtual Card privileges or cancel your Virtual Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Virtual Card, you may do so by contacting Customer Service at 1-855-558-0042 or by writing us at P.O. Box 10729, Newport Beach, CA 92658. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Virtual Card. Our cancellation of Virtual Card privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Virtual Card privileges through no fault of yours, you will be entitled to a refund as provided below in the Section entitled “Amendment and Cancellation.” Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of its rights under this Agreement without losing them.
m. International Transaction Fee. If you initiate a transaction in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by Visa U.S.A. Inc. into an amount in the currency of your Card. Visa U.S.A. Inc. will establish a currency conversion rate for this convenience using a rate selected by Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa U.S.A. Inc. itself receives, or the government mandated rate in effect for the applicable central processing date, in each instance.
n. Receipts. You should get or request a receipt at the time you make a transaction. You agree to retain your receipt to verify your transactions.
o. Obtaining Balance and Transaction Information for Your Virtual Card; Periodic Statements. You should keep track of the amount of funds available in your Virtual Card Account. You may obtain information about the amount of funds you have remaining in your Virtual Card Account by logging into your account online at www.moniesapp.com or call 1-855-558-0042. This information, along with a 12-month history of account transactions, is also available on-line through our customer service website at www.moniesapp. You also have the right to obtain a 24-month written history of account transactions by calling 1-855-558-0042 , or writing us at P.O. BOX 10729, Newport Beach, CA 92658.
q. Our Liability for Failure to Complete Transactions. In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We will not be liable, for instance: (1) if, through no fault of ours, you do not have enough funds available in your Virtual Card Account to complete the transaction; (2) if a merchant refuses to accept your Virtual Card Number; (3) if access to your Virtual Card Number has been blocked after you reported your Virtual Card Number compromised; (4) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (5) if we have reason to believe the requested transaction is unauthorized; (6) 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; (7) any other exception stated in our Agreement with you.
r. In Case of Errors or Questions about your Virtual Card Account. Contact Customer Service at 1-855-558-0042 or write to us at P.O. Box 10729, Newport Beach, CA 92658 as soon as you can, if you think an error has occurred in your Virtual Card Account. If your Virtual Card receives wages, salary, or other employee compensation that are made on a recurring basis or you receive electronic deposits of federal payments to your Virtual Card, the following provisions of this Section also apply: We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Virtual Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us 1-855-558-0042 or writing to us at P.O. Box 10729, Newport Beach, CA 92658. You will need to tell us: (1) your name and Virtual Card Number; (2) why you believe there is an error, and the dollar amount involved, and (3) approximately when the error took place. If you tell us orally, we will require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (five (5) business days for Visa Point of Sale Signature unauthorized transactions) after we hear from you and will correct any error promptly. 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 provisionally credit your Virtual Card within ten (10) business days (five (5) business days for Visa Point of Sale Signature unauthorized transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If you do not have wages, salary, or other employee compensation that are made on a recurring basis or federal payments (for example, Social Security benefits, tax refunds or other government payments) deposited to your Virtual Card Account, we may not credit your Card. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, (five (5) business days for Visa Point of Sale Signature unauthorized transactions) we may not credit your Virtual Card. For errors involving new Virtual Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation and debit your account for the amount of the provisional credit. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at 1-855-558-0042. IIf your Virtual Card does not receive wages, salary, or other employee compensation that are made on a recurring basis or does not receive electronic deposits of federal payments, all of this Section applies, except we will not credit your Virtual Card Account until our investigation is complete and we have determined an error occurred.
s. Unauthorized Transfers. If you believe your Virtual Card Number has been accessed by an unauthorized party or you believe an unauthorized electronic transfer occurred without your permission, contact Customer Service at 1-855-558-0042 or write to us at P.O. Box 10729, Newport Beach, CA 92658, Attn: Customer Service. You should also email Customer Service at firstname.lastname@example.org. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way.
t. Your Liability for Unauthorized Virtual Card Account Access. You agree to exercise reasonable control over user ID(s); and password(s) related to your Virtual Card Number and your Virtual Card Account. Tell us AT ONCE if you believe your Virtual Card Number has been compromised. Also, if your transaction history shows transactions you did not make, including those made with your Virtual Card Account or Virtual Card Number or you believe an electronic transfer has been made without your permission, tell us at once. If you tell us within two (2) business days after you learn of the loss or theft of your Virtual Card Number, you can lose no more than $50.00 if someone used your Virtual Card Number without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Virtual Card Number, and we can prove that we could have stopped someone from using your Virtual Card Number without your permission if you had told us, you could lose as much as $500.00. If you do not tell us within sixty (60) days after the earlier of the date you electronically access your Account or the date we sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (60) 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, documented, reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods. The following provisions of this Section apply to all Virtual Card Accounts: You will not be liable for unauthorized use that occurs after you notify us of the unauthorized use of your Virtual Card Number. You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Virtual Card Number(s), but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Virtual Card Number(s) to prevent future losses. If you share your Virtual Card Number(s) with another person, use of your Virtual Card Number by that person may be considered as authorized. If you authorize another person to use your Virtual Card Number, you agree that you will be liable for all transactions arising from use of the Virtual Card Number by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. Visa’s Zero Liability policy covers U.S.–issued cards only and does not apply to ATM transactions outside the Visa and PLUS networks, PIN transactions not processed by Visa, or certain commercial card transactions. Cardholder must notify us promptly of any unauthorized use.
u. Other Terms. Your Virtual Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Virtual Card Account 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, whether local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.
v. 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 Virtual Card Number or this Agreement at any time. You also may cancel this Agreement by contacting Customer Service at 1-855-558-0042. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
w. No Warranty Regarding Goods and Services. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase through your Virtual Card Account.
x. Arbitration Provision. This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. (a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and Catalina Card Services, Inc., Program Manager of the monies Virtual Prepaid Visa or any of its agents or retailers, arising from or relating to the Virtual Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Virtual Card; (ii) the amount of available funds in the Virtual Card Account; (iii) advertisements, promotions or oral or written statements related to the Virtual Card, goods or services purchased with the Virtual Card; (iv) the benefits and services related to the Virtual Cards; and (v) your enrollment for any Virtual Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Virtual Card (including, but not limited to merchants who accept Virtual Card transactions, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Virtual Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional Virtual Cardholders. (b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org. (c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Virtual Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. (f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. (g) Continuation: This Arbitration Provision shall survive termination of your Virtual Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
y. 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.
z. Delivery of Electronic Communications. The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Virtual Card Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically. If you have not consented and would like to receive Communications electronically from us, please visit us online at www.moniesapp.com.
- All legal and regulatory disclosures and communications associated with your Virtual Card Account and any related products or services
- Your Virtual Cardholder Agreement and any notices about a change in terms of your Virtual Cardholder Agreement
- Privacy policies and notices
- Error resolution policies and notices
- Responses to claims filed in connection with your Virtual Card Account
- Notices regarding insufficient funds or negative balances
- An Internet browser that supports 128 bit encryption which requires Windows 2000 or later version running either Internet Explorer version 6.0 or higher or Firefox version 3.0 or higher, or Macintosh OSX 10.2 or higher running Safari web browser.
- Internet access through an internet service provider
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
- An e-mail account with an Internet service provider and e-mail software
- A personal computer (for PCs: Pentium 120 MHz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor: 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software.
- Adobe Reader version 9.0 or higher
WHAT DOES METROPOLITAN COMMERCIAL BANK DO WITH YOUR PERSONAL INFORMATION?
- Identification Information
- Account Balances
- Transaction History
- Account Transactions
- Checking Account Information
- Wire Transfer Instructions
|Reasons we can share your personal information
||Does Metropolitan Commercial Bank share?
||Can you limit this sharing?
|For our everyday business purposes such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
|For our marketing purposes to offer our products and services to you
|For joint marketing with other financial companies
|For our affiliates’ everyday business purposes information about your transactions and experiences
||We don’t share
|For our affiliates’ everyday business purposes information about your creditworthiness
|For non-affiliates to market to you
WHAT WE DO
How does Metropolitan Commercial Bank protect my personal information?
How does Metropolitan Commercial Bank collect my personal information?
- Open an account
- Apply for financing
- Show your driver’s license
- Provide account information
- Give us your contact information
Why can’t I limit all sharing?
- sharing for affiliates’ everyday business purposes – information about your credit worthiness
- affiliates from using your information to market to you
- sharing for non-affiliates to market to you
OTHER IMPORTANT INFORMATION
SCHEDULE OF FEES AND CHARGES – Both monies Visa Card & monies Virtual Visa
|monies to monies Transfer
|Live Agent Customer Service Fee
||$2.50 per call
|Automated System Customer Service
|Bank Account to monies Load
|Direct Deposit to monies Account
|Credit or Debit Card to monies Load
||Up to 3.5%
||Of the load amount and any applicable fees from the Originating Card provider.
||Per month. Only applies if no transactions occur within previous 120 days until you use the Card again.
|Balance Refund Fee
||If balance remains upon account closure.
|Foreign Transaction Fee
Applies to the Physical Prepaid Visa Card
|Physical monies Visa Card Upgrade Fee
||One-time fee. Card arrives in 7-10 business days.
||Applies to physical card only
||Applies to physical card only
|Physical monies Visa Card ATM Withdrawal Fee
||Applies to domestic and international withdrawals. Third Party ATM fees may apply.
|Cash Load through Third Parties
||Subject to retailer agreement. Third parties charge up to $4.95.