Mobile Payment and Digital Wallet Term
Mobile Payment and Digital Wallet Terms
Last Modified: April 2023
The following Mobile Payment and Digital Wallet Terms (“Terms”) apply when you choose to add a debit card or prepaid card issued by Pathward, National Association (“Card”) to a mobile or digital payment wallet (“E-Wallet”). In these Terms, “E-Wallet” refers to software-based systems and services, such as Apple Pay, Google Pay, Samsung Pay or similar services, to enable payment, purchase or other financial transactions to be made through computers, tablets or mobile phones or devices via linked accounts (including credit, debit, and prepaid or stored-value cards or accounts); “you” and “your” refer to the holder of the Card; and “we,” “our,” and “Bank” refer to Pathward.
When you add a Card to a E-Wallet, you agree to these Terms:
2. Terms. These Terms are in addition to and do not replace or supersede the terms of the agreement governing the Card (“Accountholder Agreement”). To the extent there is a conflict between these Terms and your Accountholder Agreement, the Terms control only with respect to the E-Wallet services. Any applicable fees and charges that apply to the Card will also apply when you use an E-Wallet to access the Card. Pathward does not charge you for adding your Card to an E-Wallet, but the E-Wallet provider and/or Service Providers may charge fees for use of the E-Wallet that are not disclosed in the Accountholder Agreement.
3. Liability. Pathward is not responsible for, or the provider of the E-Wallet. Pathward is not responsible for any failure of an E-Wallet or the inability to use an E-Wallet for any transaction. Pathward is not responsible for the performance or non-performance of the E-Wallet, E-Wallet provider or any other Service Provider or associated third party that may impact use of an E-Wallet. Questions about how to use an E-Wallet should be addressed to the E-Wallet provider.
4. E-Wallet functions. By adding the Card to an E-Wallet, the Card may be used to make purchases where the E-Wallet is accepted, but restrictions may apply to use of the Card and the E-Wallet. Card use restrictions include but are not limited to: (1) restricted geographic or merchant locations where there is a higher risk of fraud or illegal activity; (2) restrictions to comply with laws or prevent Pathward liability; and (3) other restrictions to prevent fraud and other losses. Information about the Card and certain transactions may also be made available through an E-Wallet. The E-Wallet may not be accepted everywhere the Card is accepted.
5. Security. You agree to protect and keep confidential your User ID, passwords and all other authentication information required for your use of a Card in an E-Wallet. If you share any of these credentials with others, third parties may be able to use your Card through an E-Wallet and access Card information made available through the E-Wallet. To complete certain purchases, a merchant may require you to present a physical Card or government-issued form of identification.
6. Billing errors. You are responsible for identifying and reporting errors in accordance with the section of the Accountholder Agreement containing information about your right to dispute errors if any occur when you use a Card in an E-Wallet. Any reported error will be resolved in accordance with the terms disclosed in the Accountholder Agreement.
7. Ending or suspending use of a Card. Your ability to use a Card in an E-Wallet can be ended or suspended at any time, and Pathward has the right to block transactions made with a Card through an E-Wallet at any time. You may remove your Card from an E-Wallet by following the instructions provided by the E-Wallet provider.
9. Disclaimer of warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF AN E-WALLET IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE E-WALLET IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND PATHWARD, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY E-WALLET AND ANY CARD YOU ADD TO A E-WALLET, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
10. Governing law. The Terms are governed by federal law and, to the extent that state law applies, the laws that apply to the Accountholder Agreement. Disputes arising out of or relating to these Terms are subject to the dispute resolution procedures described in the Accountholder Agreement.
11. Changes to the Terms. The date of the most recent change to the Terms appears at the beginning of the Terms, immediately below the caption. You cannot change these terms, but you may terminate these terms by removing your Card from all E-Wallets.
12. Questions. If you have questions, disputes, or complaints about an E-Wallet, contact the E-Wallet provider using the information provided to you. If you have questions, disputes, or complaints about a Card, refer to the contact information contained in the Accountholder Agreement and printed on the back of the physical Card.