Digital Wallet Services Disclosure and Agreement
This Digital Wallet Service and Disclosure Agreement (“Agreement”) will apply when you choose to add your First Neighbor Bank (“FNB”) issued debit card (“Card”) to an external Digital Wallet product. We call this the (“Digital Wallet” or “Wallet,”) and it refers to your payment-supported Apple or Android device (the “Wallet Provider”) that allows you to create virtual representations of your FNB Card in order to make payments at the terminals or readers maintained by merchants who accept contactless payments. By using this service provided by the Digital Wallet (the “Service”), you agree to follow these terms and conditions.
The words “you” and “your” refer to the cardholder of the Card, and “we,” “us,” and “our,” refer to First Neighbor Bank, the issuer of your Card. The word "account" means any one or more accounts you have with the First Neighbor Bank.
By using the Service, or any related product/service, you agree to the terms and conditions in this Agreement, and any amendments.
FNB reserves the right, in our sole discretion, to change terms and conditions in this Agreement at any time with or without prior notice.
You agree that FNB may, as permitted by law, provide all applicable disclosures to you electronically.
Digital Wallet Services
Subject to the terms, provisions and conditions of this Agreement, FNB may issue debit cards to you for your use within a Digital Wallet. By enrolling in a Digital Wallet with a FNB Card(s) you agree to the terms of this Agreement.
Use of enrolled Cards in a Digital Wallet
The Digital Wallet Provider allows you to use FNB Cards where the Wallet is accepted, consistent with the terms and conditions of the Digital Wallet Provider. The Wallet may not be accepted at all places where your FNB Card is accepted. FNB assumes no liability for transactions not accepted or completed using the Digital Wallet. The Digital Wallet Provider is a third party and not affiliated with FNB.
To ensure safety of information, including card data, you agree to include a security password on your mobile device and Wallet (if available). You agree that you will not, under any circumstances, disclose your access information and/or password(s). You are liable for all transactions made or authorized using your access information and/or password. You agree that if you give your access information or password to anyone, or fail to safeguard its secrecy, you do so at your own risk and assume full liability for any and all transactions and requests and release FNB of any liability. You agree to notify FNB immediately in the event your access information and/or password is lost, stolen or is otherwise compromised. You acknowledge that the FNB will never ask for this information.
You are, and shall remain, solely and exclusively responsible for any and all financial risks, including, without limitation, insufficient funds, associated with accessing the Service. FNB shall not be liable in any manner for your use of the Digital Wallet. You assume exclusive responsibility for the consequences of any instructions you may give to FNB, for your failure to access the Service properly in a manner prescribed by the Wallet Provider, and for your failure to supply accurate input information, including, without limitation, any information contained.
FNB is not the provider of the Wallet, and is not responsible for providing the Wallet service to you. We are only responsible for supplying information securely to the Wallet Provider to allow usage of your FNB 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 regarding any agreement you enter into with the Wallet Provider or associated third‐party relationships that may impact your use of the Wallet. You agree to hold us harmless for any issue that you may encounter with your use of the Wallet.
You hereby indemnify and release FNB from any and all liability related to your use of the Service and agree not to make any claim against FNB or bring any action against FNB for honoring or allowing or for declining any transactions on your account where the password for that account was used (whether by you or by any third party, whether or not authorized by you). You agree to reimburse
FNB for any losses it suffers or any damages, injuries, costs or expenses it incurs (including attorney's fees) as a result of FNB 's honoring or allowing transactions on the account where the password was used (whether by you or by any third party, whether or not authorized by you).
FNB shall not be responsible for liability, loss or damage of any kind resulting from any delay in the performance of or failure to perform its responsibilities hereunder due to causes beyond FNB's reasonable control.
The Digital Wallet Provider and other third parties may charge fees. Please refer to your service agreements with these parties. FNB will not have information regarding fees imposed by others.
Unauthorized Access or Lost Device
You agree to immediately cancel access to the Digital Wallet if you believe there is unauthorized access or if your device is lost or stolen. If fraudulent activity is suspected you agree to immediately notify FNB. Upon such notice, FNB may disable the Card associated with the Digital Wallet.
Governing Law and Disputes
These terms are governed by Federal law and, to the extent that state law applies, the laws of the state that apply to the agreement under which your FNB Card is covered. Disputes arising out of or relating to these terms will be subject to any dispute resolutions procedures in your FNB Card Agreement and/or the Disclosure of Account Terms.
If your device is lost or stolen, or you have reason to believe that your device has been compromised, including that of your fingerprint reader, PIN, or other security device, contact us immediately so that we can take action to disable your Card for use within the Digital Wallet. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your Card whether that use was through your Digital Wallet or not.
FNB may provide notices to you concerning this Agreement and your use of a FNB Card in the Wallet by posting the material on our website, through electronic notice (email, telephone number (any), or via mail).
You consent to receive electronic communications and disclosures from us in connection with the Wallet. FNB may contact you via email or any other method using contact information you have provided or that has been obtained by FNB. You agree to keep contact information up to date and to update as required. You agree we can contact you by email at any email address you provide to FNB.
Either party may terminate this Agreement. We may at any time and for any reason, block, suspend, terminate, or discontinue support and/or use of a Card, or all Cards, in a Digital Wallet without notice, except as otherwise prohibited by applicable law. We may also change this Agreement at any time. We will provide notice if required by law or by the terms of the Card agreement or account agreement. We may also assign these terms. You cannot change these terms, but you can terminate these terms at any time by removing all Cards from the Wallet. You may not assign these terms.
You may terminate this Agreement by providing written notice to the FNB. Notwithstanding any such notice of termination, this Agreement shall remain effective in respect of any transaction occurring prior to such termination. Upon any termination of this Agreement, (i) you will immediately cease using the Service, and (ii) you shall promptly remit all unpaid monies due under this Agreement.
FNB may immediately suspend or terminate your ability to link your account to the Service in the event that FNB reasonably determines such suspension or termination is necessary in order to protect the Service or FNB from harm or compromise of integrity, security, reputation or operation. FNB’s security interest in your accounts will continue until the expiration of any time period for return of any an Item on which you may be liable.
Adding/Removing a Card to a Digital Wallet
Eligible FNB Cards may be added to the Digital Wallet by following the instructions of the Wallet Provider. Card eligibility criteria is determined by FNB and may change from time to time with or without prior notice. If your account is not in good standing, your Card will not be eligible for enrollment in a Digital Wallet.
To remove a Card from the Wallet, follow the instructions provided by the Wallet Provider.
If additional verification is required to add your Card to the Digital Wallet, we may need to ask for additional verification.