(effective July 5, 2017)
These Terms apply when you choose to enroll your eligible debit card issued by The Cooperative Bank of Cape Cod (“Coop Card”) in a Wallet, and represent your agreement with The Cooperative Bank of Cape Cod regarding your use of your Coop Card in the Wallet.
Within these Terms, “Wallet” means any of Apple Pay®, Samsung Pay®, and Android Pay and the services provided thereby. “You” and “your” refer to the customer whose name is located on the Coop Card or any authorized user of the Coop Card. “We”, “us” and “our” refer to The Cooperative Bank of Cape Cod. “Business day” means Monday through Friday, excluding Saturday, Sundays, federal holidays and any day we are obligated by law or executive order to close.
When you add your Coop Card to the Wallet, you agree to these Terms:
1. Eligible Device. The Wallet provider, in its sole discretion, determines which mobile devices are eligible to be used with the Wallet.
2. Adding Your Coop Card. When you add a Coop Card to the Wallet, the Wallet allows you to use the Coop Card to enter into transactions with merchants participating in the Wallet service and accepting the Wallet. You can add an eligible Coop Card to the Wallet by following the instructions of the Wallet provider. Only Coop Cards that we indicate are eligible can be added to the Wallet. If your Coop Card or underlying account is not in good standing, or if you are restricted from using the Wallet based upon any limitations imposed by the Wallet provider, your wireless service provider, and/or any third party associated with the Wallet, your Coop Card will not be eligible to enroll in the Wallet. The Wallet may not be accepted at all places where your Coop Card is accepted.
3. The Terms of Your Coop Card and Related Account; Fees. Your enrollment in the Wallet does not impact any other agreement we have with you. The Terms and Conditions of Your Account, the Electronic Funds Transfer disclosure, and any other agreements, fee schedules, disclosures, disclaimers and other terms and conditions that we otherwise provide and make available to you (as they may be amended from time to time) that govern your Coop Card and underlying account do not change when you add your Coop Card to the Wallet. The Wallet simply provides another way for you to make purchases with the Coop Card. Any applicable interest, fees (such as overdraft fees or returned items fees), and charges that apply to your account and the use of your Coop Card will also apply when you use the Wallet to access your Coop Card. The Coop does not charge you any additional fees for adding or using your Coop Card in the Wallet. The Wallet provider and other third parties such as wireless companies or data service providers may charge you fees.
4. We Are Not Responsible for the Wallet. The Wallet is a service offered exclusively by the Wallet provider. The Cooperative Bank of Cape Cod does not own, operate or control the Wallet, and we are not responsible for providing the Wallet to you. We are only responsible for supplying information securely to the Wallet provider to allow usage of the Coop Card in the Wallet. We are not responsible for any failure of the Wallet or the inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Wallet provider or any other third parties associated with the Wallet provider that may impact your use of the Wallet. If the Wallet provider decides to offer, or allows third parties to offer, through the Wallet any additional information or services to you, you understand and agree that we do not endorse or warrant any of these offers or services and have no control over these offers or services. You further agree that we are neither responsible nor liable for any loss or damage as a result of your use of such offers or services.
5. Questions. If you have any questions, disputes, or complaints about the Wallet, contact the Wallet provider using the information given to you by the Wallet provider. If your question, dispute or complaint is about your Coop Card or your underlying account, contact us at our Customer Assistance Center (508) 362-3400 or (800) 641-1100.
6. Consent to Contacting You Electronically and by Email. You consent to receive legal disclosures, agreements, revised Terms and instructions relating to your accounts enrolled in the Wallet via electronic communications. By furnishing us with your landline or mobile telephone number or email address, you consent to receiving non-marketing automated or prerecorded fraud or security related calls, text messages, or email messages from us (including identify verification, data security breaches, suspicious account activity and fraud and security alerts). You may receive push notifications from us from time to time reflecting your Coop Card activity. If you do not wish to receive notifications, you may turn off these notifications through the device settings on your mobile device. You agree to update your contact information with us when it changes. You understand and acknowledge that automated texts, phone calls and email communications you receive from the Wallet provider are not subject to these Terms but rather are governed by the specific agreements you have entered into with the Wallet provider and are subject to the disclosures that they have furnished to you.
7. Removing Your Coop Card from the Wallet. Contact the Wallet Provider to learn how to remove the Coop Card from the Wallet. Contact our Customer Assistance Center at (800) 641-1100 or (508) 568-3400 if you wish to block the Coop Card in the Wallet from making purchases.
8. Security. The Wallet provider may provide certain security features and procedures to protect against unauthorized use of your Coop Card. While these features and procedures are the sole responsibility of the Wallet provider, you agree not to disable any of these security features and to use these security features and procedures to safeguard your Coop Card.
9. Your Liability for Unauthorized Transfers. Tell us AT ONCE if you think your device, card and/or code has been lost, stolen, used without your permission, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way, if any, of minimizing your possible losses. You can lose no more than $50 if you fail to give us notice of your lost or stolen device, card and/or code and your device, card and/or code is used without your permission.
10. Lost or Stolen Cards or Devices. If you enroll in the Wallet and your device is lost or stolen, or you have reason to believe that your device or authentication credentials have been compromised, including that of your fingerprint reader, PIN, or other security device, promptly notify us by calling our Customer Assistance Center at (800) 641-1100 or (508) 568-3400 during Customer Service hours, so that we can take action to disable your Coop Card.
11. Error Resolution Notice. In Case of Errors or Questions About Your Electronic Transfers, Telephone us at Customer Assistance Center at (800) 641-1100 or (508) 568-3400 during Customer Service hours or Write us at The Cooperative Bank of Cape Cod, 25 Benjamin Franklin Way, Hyannis, MA 02601 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. You must:
(1) Tell us your name and account number;
(2) Describe the error or the transfer you are unsure about, and explain as clearly as possible why you believe it is an error or why you need more information; and
(3) Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days after your verbal notification. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. However, if we require more time to confirm the nature of your complaint or question, we reserve the right to take up to forty-five (45) days (90 days if the transfer involved a new account, a point of sale transaction, or a foreign-initiated transfer) to complete our investigation. If we decide to do this, we will provisionally credit your Payment Account within ten (10) business days for the amount you think is in error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit your Payment Account. We will notify you within three (3) business days of the results of our investigation. This notification will be in writing if no error occurred. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents used in our investigation. We may revoke any provisional credit to you if we find an error did not occur.
12. Privacy. Your privacy and the security of your information are important to us. Our Privacy Policy is available at mycapecodbank.com/resources/privacy-policy and applies to your Coop Card and underlying account. You agree that we may collect, transmit, store and use certain information about you and your use of the Coop Card in the Wallet with the Wallet provider, a payment network, and others in order for you to use the Wallet services you have requested and to make information available to you about your transactions. We do not control the privacy and security of any information that is held by the Wallet provider. Information held by the Wallet provider is governed by the privacy policy of the Wallet provider and is outside the control of The Cooperative Bank of Cape Cod. Any information disclosed to the Wallet provider or any other third party is subject solely to their security policies and governed by their respective privacy policies and not our Privacy Policy applicable to the Coop Card and underlying account.
13. Confidentiality. It is our general policy to treat your account information as confidential. We will disclose information to third parties about your account or the transactions you make:
(A) where it is necessary for completing transfers, (B) in order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant, (C) in order to comply with a court order or lawful subpoena, (D) to a consumer reporting agency, or (E) if you give us your written permission.
14. Transfer Types and Limitations; Limitations on Frequency of Transfers. By using your Coop Card in the Wallet, you may access your checking account to purchase goods or pay for services in person, to get cash from a merchant if the merchant permits, or do anything the participating merchant will accept. You may not exceed more than $1,000 in transactions per day.
15. Changes to these Terms. As part of your use of your Coop Card in the Wallet, you agree to receive all legally required notifications via electronic means. We may amend these Terms and any applicable fees and charges for the service at any time by providing you with notice at any email-address you have provided to us, or by contacting you at the mailing address we have on file for you. Any revised version of these Terms will be effective at the time posted or delivered and your use of the Wallet after notice of change will constitute your agreement to such changes and revised versions.
16. Termination. We reserve the right to terminate your use of your Coop Card in the Wallet in whole or in part at any time without cause and without prior notice. We reserve the right to discontinue support of any Wallet at any time without notice to you. We also reserve the right to change or terminate these Terms at any time, giving you notice if required by applicable law. You may not assign these Terms and you cannot changes these Terms; however, you can terminate these Terms at any time by removing your Coop Card from the Wallet.
17. No Warranties. UNLESS THIS DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR MERCHANT ABILITY. WHILE WE MAKE EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES CONTEMPLATED IN THESE TERMS, WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE. LIKEWISE, WE ARE NOT RESPONSIBLE FOR YOUR MOBILE DEVICE, THE SOFTWARE INSTALLED ON YOUR DEVICE, OR THE HARDWARE ASSOCIATED WITH YOUR MOBILE DEVICE. SHOULD THE USE OF YOUR COOP CARD IN A WALLET PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
18. Financial Institution’s Liability Regarding Transfers. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (A) if, through no fault of ours, you do not have enough money in your account to make the transfer, (B) if you have an overdraft line and the transfer would go over the credit limit, (C) if the terminal or system was not working properly and you knew about the breakdown when you started the transfer, (D) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken, (E) if the funds are subject to legal process or other encumbrance restricting such transfer, (F) there may be other
exceptions stated in our agreements with you.
19. Indemnification. You agree to indemnify and hold us, our directors, officers and employees harmless from all third party losses, liability, claims, demands, judgments and expenses arising out of or in any way connected to your use of the Coop Card in the Wallet or your underlying account(s).
20. Governing Law and Disputes. These Terms and your use of your Coop Card are governed by and construed in accordance with the laws of Massachusetts, without regard to conflict of law provisions. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in the terms and conditions governing your underlying account.
21. Notices. We can provide notices to you concerning these Terms and your use of the Coop Card in the Wallet by posting material on our website, notifying you at any email address or telephone (including mobile) number you provide to us, or by contacting you at the current address we have on file for you. You may contact us at our Customer Assistance Center (508) 568-3400 or (800) 641-1100.