September 24, 2019
TERMS OF SERVICE
These Terms of Service constitute the entire agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them via the Site, between you and one of the following Parties: CoinZoom, Inc. (if you are a U.S. Resident or are located outside of the U.S. (except Australia) and make a deposit, withdrawal, or transfer of Fiat or Digital Tokens to, from, or through any U.S. Financial Institution to facilitate the provision of any of the Services) or CoinZoom Australia PTY LTD. (if you are located in Australia), (collectively “CoinZoom”, “us”, “our”, or “we”).
CoinZoom is regulated in multiple jurisdictions and is required to collect and verify information about you to prevent fraud, terrorist activity and money laundering pursuant to applicable Know Your Custom (KYC), Anti-Money Laundering (AML) and Counter Terrorist Finance (CTF) laws and rules. In addition to the identity information required during the sign-up process, CoinZoom may require additional information for you to transfer assets or engage in transactions beyond certain limits or frequency. For example, for “Travel Rule” requirements, CoinZoom will retain for transfers out of the CoinZoom Exchange the following information: your name, account number, physical address, financial institution, amount, date and the identity of the recipient’s financial institution. CoinZoom reserves the right, in its sole discretion, to delay or cancel any transfers lacking necessary compliance information. CoinZoom is prohibited from transacting with individuals, companies and countries that are on prescribed sanctions lists. CoinZoom will therefore screen against numerous sanctions lists, including but not limited to United Nations, European Union, UK Treasury and US Office of Foreign Assets Control (OFAC) sanctions lists in all jurisdictions in which we operate.
CoinZoom reserves the right, in its sole discretion, without any obligation to you and without any requirement to provide notice to you, to change, improve or correct the information, materials and descriptions on the Site and to suspend and/or deny access to the Site for any reason. The disclosure information and materials on the Site may contain typographical errors or inaccuracies despite our best efforts and due diligence review. Any dated information is published by us as of its date only, and CoinZoom does not undertake any obligations or responsibilities to update or amend any such information. CoinZoom further reserves the right, in its sole discretion, to block or otherwise discontinue your access to and use of the Site at any time and for any reason. You agree that CoinZoom will not be liable to you or to any third party for any such modifications, suspensions or discontinuances.
Your Hosted Digital Wallet enables you to store, track and manage the supported Digital Currencies contained in your Hosted Digital Currency Wallet. Upon verification a government issued identification card and a picture of yourself, you will have the ability to request, send and receive, and store Digital Currency from third parties by giving instructions through the Site (each such transaction is considered a "Digital Currency Transaction”). Hosted Digital Currency Wallet services are available only in connection with those Digital Currency that CoinZoom, in its sole discretion, decides to support. The Digital Currency that CoinZoom supports may change from time to time. If you have any questions about which Digital Currencies CoinZoom currently supports, please visit our Coin Info page. Under no circumstances should you attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by CoinZoom. Please note that the wallets being provided by CoinZoom, including the associated technology and security, were developed by BitGo, an unaffiliated supplier to CoinZoom. With respect to cash or fiat currency, these funds are placed in a For Benefit Of (FBO) accounts at Banks utilized by CoinZoom but held for the beneficial owners (user accounts) and are segregated from CoinZoom’s working capital, and your associated proportional beneficial ownership of these funds will be reflected in your account balance.
We use our banking providers in order to receive client funds and make payments. Our banking providers DO NOT transfer, exchange or provide any services in connection with Digital Currency.
CoinZoom may also offer “Conversion Services” or trading pairs to convert one digital currency to another. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the CoinZoom "Conversion Rate" for the given transaction. "Conversion Rate" means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the CoinZoom Site. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to CoinZoom. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time, and that CoinZoom may add a margin or “spread” to the quoted Conversion Rate. The Conversion Service will be done in and through the trading platform via execution of multiple trading pairs or through direct matching of an applicable market (trading pair) for the conversion is available. CoinZoom does not engage in proprietary or OTC trading other than to facilitate the orderbook but will take a spread or execute riskless principal transactions. You agree, as a condition of using any CoinZoom Conversion Services, to accept the Conversion Rate as the sole conversion metric. CoinZoom reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. CoinZoom does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from CoinZoom does not result in a guarantee that you may sell your supported Digital Currency to CoinZoom.
Past performance is not a guarantee of future performance. The contents of this Site do not constitute financial, legal, or tax advice. Investors are solely responsible for conducting any legal, accounting or due diligence review. You should obtain investment and tax advice from your advisers before deciding to invest.
None of the information contained in the publicly available portions of the Site (i.e., which is accessible to the public without becoming a registered User) constitutes a recommendation, solicitation or offer to buy or sell any Digital Currency or other financial instruments or other assets or provide any investment advice or service. The information and Services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or where CoinZoom is not authorized to provide such information or Services. Some products and Services described in the Site may not be available in all jurisdictions or to all clients.
When you transact on the Exchange, CoinZoom will attempt to fill that order through one or more orders on the Exchange, which orders may include those of unaffiliated, third-party liquidity providers (LPs). These LPs may be acting in an agency capacity, and their orders will include additional margin or spread that is not transparent to you or CoinZoom. CoinZoom may also include additional margin or spread to cover fees charged by unaffiliated liquidity providers. These fees are in addition to any Commissions or Fees (please reference the Fee Schedule for a list of current Fees). CoinZoom makes no representation that you will be able to get the best price on the CoinZoom Exchange. Market orders will not be honored on a first come, first serve basis but will be prioritized on several factors, including obligations to clients, vendors with preexisting liabilities and proprietary holdings of CoinZoom. Additionally, CoinZoom will act in a principal capacity in order to sell crypto assets it earned as fees onto the Exchange, and will engage in simultaneous, riskless principal transactions for its own benefit in order to rectify crossed markets.
Digital currency trading may result in taxable consequences in your jurisdiction, and you must determine, report and pay any applicable taxes. You are responsible for your own tax filings and payments. CoinZoom is under no obligation to calculate, determine or make available any information regarding taxes or the taxable consequences of your transactions. CoinZoom may make available, in its sole discretion, a record of your transactions which may be useful to you for making any required tax filings or payments, and this does not constitute a waiver of this provision. CoinZoom will fully cooperate with and voluntarily share user data, including your transaction and profit and loss records, with any duly authorized taxing authority and will make any tax withholdings or filings that we are required by law to make but is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transactions. CoinZoom is under no obligation to make any transaction data available if, for any reason, your account is closed, or you are suspended or permanently suspended from the website or Services.
Abandoned Accounts / Unclaimed Property:
All US States and an increasing number of countries require financial institutions to report property that has been abandoned or unclaimed after a dormancy period, usually 36 months. If your account is inactive, CoinZoom is unable to locate you and your account has remained inactive for the dormancy period applicable in your jurisdiction, then CoinZoom must report the account as abandoned to the relevant jurisdiction (generally determined by the primary address of the account holder). The government of the relevant jurisdiction will then claim the abandoned account through a process called "escheatment," whereby the government becomes the owner of the account. CoinZoom may also terminate and liquidate your account and send funds to the last known address after your account is inactive for certain shorter periods of time, as CoinZoom may determine and post in its sole discretion. If CoinZoom receives legal documentation or other information confirming your death or other information leading us to believe you have died, we may freeze your account unless (and may liquidate some or all positions, in our sole-discretion) and until a court or your executor directs us otherwise or we have ascertained that you have not died.
Our Services and certain pages of the Site are available only to Investors who have been authorized by us to access those Services and web pages on the Site. Such authorization may require completion of an investor questionnaire (and providing additional verification) and satisfactory background information screening and/or identification verification. Only users of CoinZoom with a valid User ID and password are authorized to access Services on the Site and any related web pages.
Unauthorized use of the Site and our Services by you or others using your account to conduct any illegal activity, including, but not limited to laundering money, funding terrorism or other illegal activity. The misuse or sharing of passwords or misuse of any other information is strictly prohibited. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or Services or interfere with any other party's use and enjoyment of the Site or Services. You agree that you will not engage in any activities related to the Site that are contrary to applicable laws or regulations. You further agree that you are responsible for any unauthorized use of your password that is made before you have notified us of such use and we have had a reasonable opportunity to act on that notice. CoinZoom reserves the right at its discretion to suspend or cancel your password or otherwise disable your access to the Site, even without receiving such notice from you or providing notice to you, if we suspect that it is being used in an illegal, unauthorized or fraudulent manner.
Notwithstanding the above, you are responsible for monitoring your account and should promptly report any illegal, unauthorized or suspicious activity in your account to us at support.
CoinZoom owns and retains all proprietary rights in the Site, the Services and all material and information posted thereon ("Content"). The Site contains the copyrighted material, trademarks and other proprietary information of CoinZoom and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of CoinZoom.
In addition, to the extent you receive information from CoinZoom or other Investors with respect to any investment activity on the Site, you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of such Investor. You agree that CoinZoom may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to (i) cooperate with law enforcement or regulatory or self-regulatory organizations, (ii) comply with a legal obligation, (iii) protect and defend the rights or property of CoinZoom, (iv) act in urgent circumstances to protect the personal safety of users of the Site or the public against fraud or other harm, (v) enforce our customer and other agreements, (vi) protect against legal liability, (vii) comply with any applicable law, regulation, legal process, or governmental request; (viii) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (ix) enforce this Agreement and investigate potential violations thereof; (x) detect, prevent, or otherwise address fraud, security, or technical issues; (xi) respond to your requests for customer service; or (xii) protect the rights, property, or personal safety of CoinZoom, its users, or the public.
If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify CoinZoom as soon as possible by sending an email to Support@CoinZoom.com with the following information in accordance with Section 512(c) of the Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, CoinZoom will also terminate a User's account (e.g., if the User is determined to be a repeat infringer).
Use of Links:
Third Party Posts:
CoinZoom may provide messaging capabilities in order for you to communicate with other users on the website. You agree that the messaging services does not entangle in such communication, or in any way indicate that CoinZoom has adopted the communication. We make no representation as to accuracy of the information communicated directly from issuers to investors and have no control or compliance oversight over such communication.
In addition, the third-party posts do not reflect the position of CoinZoom and were not reviewed for completeness and accuracy. The third-party posts were not endorsed or adopted by CoinZoom.
CoinZoom may terminate your access to all or any part of the Site and Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of this Agreement shall survive termination, including, without limitation, your pre-termination representations, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
CoinZoom has no special relationship with or fiduciary duty to you. You acknowledge that CoinZoom has no control over, and no duty to take any action regarding: which Users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release CoinZoom from all liability for you having acquired or not acquired Content through the Site. CoinZoom makes no representations concerning any Content contained in or accessed through the Site, and CoinZoom will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
CoinZoom neither represents, warrants, covenants, guarantees, nor promises any specific results from use of the Site.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITERELATED SERVICES.
CoinZoom will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third-party data due either to any negligent act or omission by CoinZoom or "force majeure" or any other cause beyond the control of CoinZoom. Such errors would include input instructions errors, including price or quantity errors caused by key input errors (fat fingering), transposing numbers, misplacing decimals, duplicate or failed trade instructions.
Electronic Communication Privacy Act Notice (18usc 2701-2711): CoinZoom makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. CoinZoom will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other content stored on CoinZoom's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
CoinZoom shall not be liable for any delays, failure in performance or interruption of service, including significant market volatility, regulatory action, acts of God, act of civil or military authorities, terrorists attacks, civil disturbance, government shutdown (however caused), war, strike, labor dispute, fire, interruption in telecommunications or Internet services or network provider services, system outages, failure of equipment and/or software, other catastrophe or occurrence beyond our control.
You shall defend, indemnify, and hold harmless CoinZoom, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content or otherwise from your User Submissions (including breach of your representations to us), violation of the Agreement, or infringement by you, or any third party use of your account, of any intellectual property or other right of any person or entity. CoinZoom reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with CoinZoom in asserting any available defenses.
You agree not to game or take advantage of any CoinZoom Exchange limitations, rules or system glitches that would unjustly enrich you. You agree to notify CoinZoom immediately of any activity or technical failures which would jeopardize the integrity of the Exchange, and you agree to cooperate fully in remedying the failure and mitigating the loss to CoinZoom and other users. You also agree to bear the legal costs of recovery CoinZoom may incur for any unjust enrichment gained by your exploiting or gaming limitations of the Exchange.
Limitation of Liability:
IN NO EVENT SHALL COINZOOM, NOR ITS MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, LOST PASSWORDS, STOLEN PASSWORDS, HACKED PASSWORDS, EXTORTION, KIDNAPPING, UNAUTORIZED ACCOUNT ACCESS OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Except as otherwise expressly provided in this Agreement, any civil claim which arises out of or relates in any way to this Agreement shall be resolved in Salt Lake City, Utah, USA in accordance with the following terms and procedures:
1. The party with a civil claim must notify the other party in writing by certified mail within the times set forth by statute for filing a civil claim of its desire to have the claim resolved by arbitration. Except as otherwise provided in this Agreement, the arbitration proceeding shall be governed by the Utah Arbitration Act, Title 78B, Chapter 11 of the Utah Code.
2. Upon notice of a timely civil claim, the parties will agree upon an arbitrator or, if unable to agree, will seek court appointment of an arbitrator pursuant to the Utah Arbitration Act, Utah Code Ann. § 78B-11-112.
3. The arbitrator shall have no authority to add to, subtract from, or otherwise modify the terms of this Agreement or to make awards beyond those provided for by the statute or other cause of action under which the claim arises.
4. Any party to the arbitration may be represented by counsel. The party producing a witness is responsible for paying that witness’s fees and expenses. The arbitrator’s fees and expenses, including required travel and per diem costs, and the cost of any evidence or proof produced at the arbitrator’s direction may be apportioned and shall be borne as determined by the arbitrator. All decisions of the arbitrator made in accordance with this Agreement shall be final and conclusively binding upon the parties. The parties agree that the arbitrator’s award may be entered as a judgment by any court of competent jurisdiction.
5. Issues of procedure, arbitrability, appeal, or confirmation of award shall be governed by the Utah Arbitration Act, Utah Code Ann. § 78B-11101 through 131.
This Agreement (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law. Judgment on any award entered by the arbitrator may be entered in any court having jurisdiction thereof. User agrees that it may bring claims against CoinZoom only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Registration Data; Account Security:
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration or account creation forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information that you provide to CoinZoom, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to CoinZoom.
Integration and Severability:
Business Continuity Plan:
CoinZoom has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.
Contacting Us – If after a significant business disruption and you cannot contact us as you usually do, you should email us at Support@CoinZoom.com. In case of a significant business disruption, the firm will place a notification on its website at www.CoinZoom.com on next steps.
Our Business Continuity Plan – Significant business disruptions can vary in their scope (location) and severity (minimal to severe). Regardless of the scope and severity, we plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our customers to transact business. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption. We plan to continue in business, transfer operations offsite if necessary, and notify you through our contact information on how to contact us. As the firm does not hold customer funds or securities, if the significant business disruption is so severe that it prevents us from remaining in business, we will assure our customer’s prompt access to their funds at the escrow agent / crypto custodian.
Our business continuity plan addresses: data backup and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and regulators; alternate physical location of employees; and regulatory reporting.
CoinZoom, Inc. is licensed by the Louisiana Office of Financial Institutions as a money transmitter. The Louisiana Office of Financial Institutions does not license or regulate services related to virtual currency including but not limited to transmission or exchange which may be conducted by CoinZoom, Inc.
Prohibited Businesses and Activities:
CoinZoom reserves the right to suspend or terminate your account if we believe, in our sole discretion, that you are using CoinZoom in in way that could expose CoinZoom to liability, reputational risk or brand damage, including but not limited to using CoinZoom to engage in, transact or related to any of the following types of activities or businesses: alcohol, tobacco, pharmaceuticals, Illegal drugs, marijuana, drug paraphernalia, firearms, ammunition, weapons, sexually oriented activities or materials, pornography, obscene or offensive activities or materials, materials or activities that promote intolerance, violence or hate, multi-level marketing, ponzi or pyramid schemes, illegal gambling, gaming, lotteries or sweepstakes, financial services, counterfeit materials, terrorist financing, fraud, scams, money laundering; or any other illegal activity or unlawful purpose.
CoinZoom Visa Cardholder Agreement - Individual
IMPORTANT: PLEASE READ CAREFULLY
Terms and Conditions for the [Insert Name] [Visa Card/Mastercard]
This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which the [Insert Program Name] [Visa/Mastercard] (the “Card”) has been issued to you by Evolve Bank & Trust (Member FDIC) (the “Bank”). The Bank has retained a Program Manager to provide certain services on the Bank’s behalf. “Program Manager” for the [Insert Program Name] [Visa/Mastercard] is [Insert Program Manager Name]. “Card Account” means the records we maintain to account for the value of transactions associated with the Card. "You" and "your" means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” means the Bank, our successors, affiliates, assignees and our third-party service providers. The Card will remain the property of the Bank and must be surrendered upon demand. The 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.
This Agreement is provided to you in electronic format pursuant to the E-Signature and Electronic Disclosure Agreement that you accepted and
agreed to when you opened your Card Account. By accepting and/or using this Card, you agree to be bound by the terms and conditions contained in this Agreement.
Please keep for future reference the customer service telephone number, [Insert Toll-Free #], or the toll-free telephone number on the back of your Card in case the Card is lost, stolen or destroyed.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their
THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION PROVISION. SEE SECTION XIX BELOW.
II. The Card
A. The Card is a debit card that is funded by your Card Account. The Card allows you to access funds deposited to your Card Account by you or on your behalf. The funds in your Card Account will be FDIC-insured pursuant and subject to applicable law. You may access the funds in your Card Account by using your Card or Card Number or by Automated Clearing House (“ACH”) debit using your Account Number. The Card is not a credit card or a gift card and may not be gifted, sold or transferred. You will not receive any interest on your funds in the Card Account. The expiration date of the Card is listed on the Card. However, the funds in your Card Account will not expire, regardless of the expiration date listed on the Card. If your Card Account becomes inactive and subject to escheatment under state law, we may remit funds in your Card Account to the state of your residence, and you may claim the funds from the state.
B. You agree that the Card will be used primarily for personal, family and household purposes only and not for business use. You may not use the Card for illegal gambling or any other illegal transaction. We reserve the right to cancel, close or restrict use of the Card and Card Account, including by refusing the processing of any transaction, if we believe you have violated this Agreement or any applicable law.
C. You must activate the Card and complete the activation process, including setting a Personal Identification Number (“PIN”), before it may be used. You should memorize your PIN and not write down your PIN or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise the Bank and Program Manager immediately, following the procedures in Section XVII (Your Liability for Unauthorized Transfers) below. You may need to provide personal information in order for your identity to be verified and for completion of the activation process. You agree to sign the back of the Card immediately upon receipt.
The fees relating to the use (including misuse) of your Card or Card Account are set forth in this Agreement and the attached fees exhibit
(Exhibit 1) (the “Fees”). Exhibit 1 is incorporated herein by reference. Fees incurred pursuant to the terms of this Agreement will be withdrawn from your Card Account and will be assessed even if there is no remaining balance in your Card Account, unless prohibited by law. You agree to pay all Fees associated with the Card. We may from time to time amend the Fees, at our sole discretion, as set forth in Section XX (Other Terms). If you request a service that is not included in Exhibit 1 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 Card Account.
IV. No Authorized Users
You are responsible for all authorized transactions initiated and fees incurred by use of the Card. You may not permit anyone else to use your Card or Card Account. Without limiting the foregoing, if you permit another person to have access to the Card or Card Account, this will be treated as if you authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms of this Agreement, subject to Section XVI (Lost or Stolen Cards or Unauthorized Transactions) and Section XVII (Your Liability for Unauthorized Transactions) below, and other applicable laws.
V. Using the Card and Card Account and Limits
Subject to the limitations set forth in this Agreement, you may use your Card and Card Account, as applicable, to access funds in your Card Account, including to purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account and aggregate purchases do not exceed the limits set forth in Exhibit 2. There may be Fees associated with some of these transactions. For fee information, see the Exhibit 1 attached to this Agreement.
A. You will be provided with the Bank’s routing number and assigned a 16 digit account number (the “Account Number”) once your identity has been verified. The Bank’s routing number and your assigned Account Number are for the purpose of initiating direct deposits to your Card Account and authorized ACH debit transactions only. If you do not have sufficient funds in your Card Account, debits to your Card Account may be declined and your payment will not be processed. You also may be assessed an ACH decline fee (see Exhibit 1).
B. With your PIN, the Card may be used to obtain cash at any Automated Teller Machine (“ATM”) in the U.S. displaying the [Visa/Mastercard] or [Insert Secondary Network (e.g., Cirrus, PULSE, MoneyPass)] acceptance marks, subject to your applicable daily cash withdrawal limit set forth in Exhibit 2. The Card cannot be used at international ATMs without prior notice. Fees may apply (see Exhibit 1 for details). ATM owner-operators may impose their own fees and lower limits on cash withdrawals. All ATM transactions are treated as cash withdrawal transactions and subject to your daily cash withdrawal limit. You may use your PIN at any Point of Sale (“POS”) device, as permitted by a merchant that bears the [Insert Network (e.g., Maestro, PULSE)] acceptance marks, and subject to your daily purchase limit. Each time you use the Card, you authorize the Bank to reduce the value available in your Card Account balance by the amount of the transaction and any applicable fees.
C. Foreign Transactions. The Card may only be used to conduct transactions within the 50 United States, District of Columbia and U.S. Territories (Puerto Rico, Guam, Northern Marianas, the U.S. Virgin Islands, and American Samoa). The Card may be used to conduct international transactions, including, without limitation, transactions conducted on international merchant websites or mobile applications accessible within the United States; provided the merchant accepts the [Visa/Mastercard] or any other logo on the Card. All debits to your Card Account will be posted in U.S. dollars. Transactions made in a foreign currency are converted into U.S. dollar amounts by [Visa/Mastercard], using its then current currency conversion procedure and rate. The currency conversion rate used on the processing date may differ from the rate in effect on the transaction date or periodic statement posting date. Foreign transactions are subject to foreign transaction fees, as set forth in Exhibit 1, and will be included in the amount charged to your Card Account.
D. Card Not Present Transactions. If you initiate a transaction without presenting your Card (such as for a mail order, internet or telephone purchase or an ACH debit), the legal effect will be the same as if you used the Card itself. For security reasons, the amount or number of such transactions you may make may be limited.
E. The total amount of purchases, transfers, reloads and cash withdrawals (including withdrawals inside a bank office) that you can perform in any single day or over any other period is limited to the amounts set forth in the enclosed Exhibit 2. For security reasons, you may be further limited as to the number or dollar amount of transactions you can make with your Card. We may, at our discretion, modify the limits from time to time. You will be notified of any change in the manner provided by applicable law prior to the effective date. Card limits are subject to periodic review and may be changed based on your Card Account history, activity, and other factors, including but not limited to your Card activity. We retain sole discretion to apply and change limits.
F. You may add funds to your Card Account at any time. The maximum deposit amount is set forth in Exhibit 2. You agree to present the Card and meet identification requirements to complete deposit transactions as may be required from time to time. Deposit locations may have their own deposit limits that may be less than our allowable amount. Deposit locations also may assess a fee to deposit funds to your Card Account. You also may direct deposit funds to your Card Account by providing the Bank’s routing number and your assigned Account Number to your employer or other direct deposit payor. You cannot deposit funds into your Card Account by check or money order.
VI. Split Transactions and Authorization Holds
A. Split Transactions. If you do not have sufficient funds in your Card Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you fail to inform the merchant that you would like to complete a split transaction before swiping your Card, your Card is likely to be declined.
B. Authorization Holds. When you use your Card to purchase goods or services or to make a cash back withdrawal transaction, the merchant may attempt to obtain preauthorization for the transaction. If the merchant makes such a request, a “hold” is placed on your Card Account balance for the amount of the preauthorization request (which may vary in some cases from the amount of the actual purchase, depending on the merchant or purchase type), until the merchant sends the final payment amount of your purchase, or for up to sixty (60) days, even if you fail to make the purchase. During the hold period, you may not have access to the preauthorized amount in your Card Account. We will not be responsible if any transactions are not completed because of the hold. If the preauthorization request varies from the amount of the actual transaction, the actual transaction amount will be debited from your Card Account, even if this results in your Card Account balance becoming negative. You remain responsible for any negative balances in your Card Account. If you use the Card at an automated fuel dispenser (“pay at the pump”), the transaction may be preauthorized for an amount up to $100.00. If the Card is declined, but you have sufficient funds available in your Card Account, you should use the Card to pay for the purchase inside with the cashier. If you use the Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% to ensure there are sufficient funds available to cover tips or incidental expenses incurred. You do not have the right to stop payment on any purchase or payment transaction originated by use of the Card.
VII. Obligation for Negative Balances
Each time you initiate a Card transaction, you authorize the Bank to reduce the funds available in your Card Account by the amount of the
transaction and all associated fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions (creating a “negative balance”). Nevertheless, if any transaction causes the balance in your 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 Exhibit 1. We reserve the right to bill you for any negative balance or to recoup such negative balance from any other 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 Card if you create one or more negative balances with your Card. If you fail to pay us amounts owed under this Agreement, we may refer your Card Account and collection of amounts owed to a collection agency.
VIII. Recurring Transactions
If you intend to use your Card for recurring transactions, you should monitor your balance and ensure you have funds available in your Card Account to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your 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 Card Account to cover the transaction. If these recurring transactions vary in amount, the recipient of the recurring transaction should inform you, ten (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 have provided instructions for recurring transactions from your Card Account, you can stop the payment by notifying us orally at [Insert Toll-Free Number] or in writing to [Insert Address] at least three (3) business days before the scheduled date of the transfer. If you call, we also may require you to put your request in writing and get it to us within fourteen (14) days after you call. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, we will be liable for your direct losses or damages. If you have authorized a merchant to make the recurring transaction, you also should contact the applicable merchant in order to stop the recurring transaction.
IX. Preauthorized Credit.
If you have arranged to have direct deposits made to your Card Account at least once every sixty (60) days from the same person or company
and you do not receive a receipt/statement (paystub), you can call us at [Insert Toll Free Number] to find out whether or not the deposit was made.
You may obtain information about the amount of funds available in your Card Account by using the Program Manger’s mobile application or
visiting the Program Manager’s website. This information, along with a 12-month history of Card transactions, is available by logging into your account using the Program Manager’s mobile application or website. You also have a right to obtain a 24-month written history of Card transactions by sending an email to [Insert Email] or by calling Insert Toll-Free Number]. Pursuant to the E-Signature and Electronic Disclosure Agreement, we will deliver any account statements required by law to you in electronic form. This means you will not automatically receive paper statements. You are responsible for keeping track of your available Card Account balance. Merchants generally will not be able to determine your available balance. It is important to know your available Card Account balance before making any transaction.
XI. Return and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to your Card Account for
refunds and agree to the refund policy of the merchant. Neither the Bank nor Program Manager is responsible for the delivery, quality, safety, legality or any other aspects of the goods or services you purchase from others with the Card. If you have a problem with a purchase you made with the Card, or if you have a dispute with the merchant, you must handle it directly with the merchant. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
You should get or request a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipts to
verify your transactions. You can get a receipt at the time you make a withdrawal from your Card Account using one of our ATM terminals (if available).
XIII. CARD CANCELLATION, SUSPENSION AND LIMITS AND CARD REPLACEMENT
We reserve the right, at any time and in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of
transactions. The Bank may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, you may do so by calling [Insert Toll Free Number] or the number on the back of your Card. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. The cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. 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 their rights under this Agreement without losing them.
If you need to replace the Card for any reason, call [Insert Toll Free Number] or send an email to [Insert Email Address] to request a replacement. You will be required to provide personal information which may include the last four digits of your Card number, your full name and knowledge of the Card transaction history. If you believe the Card has been lost or stolen, you may immediately disable it by calling us at [Insert Toll Free Number]. We may cancel any Card that has been disabled for sixty (60) calendar days or longer.
The Bank may disclose information to third parties about your Card or the transactions you make using your Card: (1) where it is necessary for
XV. Our Liability for Failure to Complete Transactions
In no event will Bank or Program Manager be liable for consequential damages (including lost profits), extraordinary damages, special or
punitive damages. Neither Bank nor Program Manager will be liable, for instance: (1) if, through no fault of Program Manager or of the Bank, you do not have enough funds available in your Card Account to complete the transaction; (2) if a merchant refuses to accept your Card or provide cash back; (3) if an ATM where you are making a cash withdrawal does not have enough cash; (4) if an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (5) if access to your Card has been blocked after you reported your Card lost or stolen; (6) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) if Program Manager or the Bank has reason to believe the requested transaction is unauthorized; (8) if circumstances beyond Program Manager or the Bank’s control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that Program Manager or the Bank has taken; or (9) any other exception stated in this Agreement with you.
XVI. Lost or Stolen Cards or Unauthorized Transfers
If you believe your Card or PIN has been lost, stolen or compromised, call [Insert Toll-Free Number] or the number on the back of your Card or
contact us by email at [Insert Email Address] or write us at [Address]. You should also call us at the number set forth in this Section or write us at the address set forth in this Section if you believe an electronic transfer has been made using the information from your Card or Card Account without your permission.
XVII. Your Liability for Unauthorized Transactions
You agree to exercise reasonable control over your PIN(s); user ID(s); and password(s) and any other access code related to your Card Account (each, an “Access Code") and your Card. If you believe the Card or Access Code has been lost, compromised or stolen, immediately contact us at [Insert phone number] or email us at [Insert Email Address]. Telephoning is the best way to minimize your possible losses. If you believe the Card has been lost or stolen, or that someone has transferred money or may transfer money from your Card Account without your permission, call [Insert Number] or email at [Insert Email Address]. We may suspend or cancel your Card and/or corresponding Card Account in the event of excessive reports of Card loss or theft. Under [Mastercard/Visa] Rules, you will not be held responsible for unauthorized transactions if you have used reasonable care in protecting your Card from loss or theft and you have promptly reported to us when you knew that your Card was lost or stolen. Zero Liability does not apply to [Mastercard/Visa] payment cards that are used for commercial purposes or anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). In the event that [Mastercard/Visa] Zero Liability does not apply, if you notify us within two (2) business days after you learn of any unauthorized transactions, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.
Also, if you become aware of and/or your statement shows transactions you did not make, notify us at once following the procedures stated
in Section XVIII (Your Right to Dispute Errors). If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time.
You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card or Access Code(s). You also agree to cooperate completely with us and the Bank in attempts to recover funds from unauthorized users and to assist in their prosecution. The Bank may issue replacement Card(s) or Access Code(s), but only after you have provided such proof and security or indemnification as the Bank may require. In addition, you acknowledge that the Bank may have to deactivate your Card(s) and/or Card Account to prevent future losses. If you share your Card(s) or Access Code(s) with another person, use of your Card Account by that person may be considered as authorized. If you authorize another person to use your Card or Access Code(s), you agree that you will be liable for all transactions arising from use of the Card or Access Code(s) 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 or you do not benefit from the transaction in any way.
XVIII. Your Right to Dispute Errors
When an unauthorized transaction or other error occurs in the Card Account, including unauthorized transactions that occur because the Card
has been lost or stolen, we will cover you for the full amount of every eligible unauthorized transaction or other error as long as you follow the procedures discussed in this Section. We must hear from you no later than sixty (60) days after we sent you the FIRST statement on which the problem or error appeared.
1. Tell us your name and account number.
2. Describe the error or transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more
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 ten (10) business days.
We will determine whether an error occurred within ten (10) business days 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 (ninety (90) days for those transactions at merchant POS terminals, processed on a new account, or initiated outside the United States) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error so that you will have full use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
For errors involving new accounts (an account where the first deposit to the account occurs less than 30 days before the error), we may take
up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send
you a written explanation. You may ask for copies of the documents that we used in our investigation.
This Section 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 Section, the term “Claim” means any claim, dispute or controversy between you and Bank, Program Manager or any of their agents or retailers, arising from or relating to the 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 Section 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 Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and/or (v) your enrollment for any 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 Section, the terms “we” and “us” shall for all purposes mean the Bank, Program Manager, their respective 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 Cards (including, but not limited to merchants who accept the Card, 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 Section, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional 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 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 Section 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 Section 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 Section shall survive termination of your 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 Section 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 Section, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
XX. Other Terms.
A. The Card and your obligations under this Agreement may not be assigned. The Bank may transfer its rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. The Bank does not waive its 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, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Tennessee except to the extent governed by federal law.
B. By activating the Card or by retaining, using or authorizing the use of it, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a jurisdiction where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the fifty (50) states of the United States (“U.S.”) or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.
C. The terms and conditions of this Agreement may be revised by posting a revised version here [Hyperlink To Static Page With The Agreement]. 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, the Bank or Program Manager can implement such change without prior notice. We may cancel or suspend the Card or this Agreement at any time. You may cancel this Agreement by returning the Card to the Bank. Your termination of this Agreement will not affect any of the Bank’s or Program Manager’s rights or your obligations arising under this Agreement prior to termination. In the event your Card is cancelled, closed or terminated for any reason, any remaining available funds associated with the Card Account will be returned to you, subject to any contrary provision in this Agreement and applicable law.
[Insert transaction limits]
Digital currencies are not currently backed nor supported by any government or central bank. The value of digital currencies is determined by economy of supply and demand, and they are more volatile than traditional currencies. Trading in digital currencies comes with significant risks, including volatile market price swings or flash crashes, market manipulation, regulatory risk, governmental prohibition and confiscation, technology risks, transmission risks and cybersecurity risks. In addition, digital currency markets and exchanges are not regulated with the same controls or customer protections available in equity, option, futures, or foreign exchange investing. Digital Currency trading requires knowledge of digital currency markets. In attempting to profit through digital currency trading, you must compete with traders worldwide. You should have appropriate knowledge and experience before engaging in substantial Digital Currency trading. Digital Currency trading may not generally be appropriate, particularly with funds drawn from retirement savings, student loans, mortgages, emergency funds, or funds set aside for other purposes. Digital Currency trading may result in taxable consequences in your jurisdiction, and you must determine, report and pay any applicable taxes. Digital Currency trading can lead to large and immediate financial losses, and trades are settled in real time and are irreversible. Under certain market conditions, you may find it difficult or impossible to liquidate a position quickly at a reasonable price. This can occur, for example, when the market for a particular digital currency suddenly drops, or if trading is halted due to recent news events, unusual trading activity, or changes in the underlying digital currency system. Several US Federal agencies have also published advisory documents surrounding the risks of virtual currency. For more information see the CFPB’s Consumer Advisory, the CFTC’s Customer Advisory, the SEC’s Investor Alert, and FINRA’s Investor Alert. CoinZoom, Inc. does not make any investment recommendations. Neither the listing of a Digital Currency on this website nor any other communication, whether made through this website or in any other way, should be construed as a recommendation to buy or sell any Digital Currency.
For more information see:
CFPB’s Consumer Advisory
CFTC’s Customer Advisory
SEC’s Investor Alert
FINRA’s Investor Alert
What Information We Collect
The information we collect varies depending on the type of activity you are performing on our Site or how you use the Services. At times we will collect personal information from you and in other instances our Site will collect other information in order to deliver our Services or as part of operating this Site. For example, when you become: (i) an Investor with CoinZoom by completing the account opening process or otherwise submit Personal Data in order to receive Services, e.g., when you make a wire transfer or tell us where to send money; or (ii) an Issuer that issued or is issuing utility coins and wants to list the utility coin through the Site by completing the necessary process and providing the appropriate disclosure of information, we may collect information about you, as further described below:
Personal Data That You Provide Through the Site
We collect Personal Data from you when you apply for, access and use products and Services on the Site offered by CoinZoom. This information may relate to your finances, employment, avocations or other personal characteristics, as well as transactions and interactions between or among you and our affiliated companies or others. The Personal Data that we collect may include your:
address citizenship telephone number email address Social Security Number date of birth
financial related information, including assets, net worth, income, account balances, account transactions, investments and investment experience.
Other Information We Collect
When you interact with CoinZoom through the Site or Services, we receive and store certain information about you. Such information, which may be collected passively, may specifically identify you.
When you use our Site, we gather certain other information automatically (“Other Information”) and store it in log files. This information may include Internet Protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, operating system, date/time stamp and clickstream data.
Information We Collect from Third Parties
We may collect information about you from third parties in order to meet certain legal or regulatory requirements and/or to protect against fraud. In some circumstances, we may obtain information from global terrorist watchlists and/or information about criminal offenses or convictions.
How We Use Your Information
• Deliver our Services as requested
• Communicate with you about our Site or Services
• Provide you with information about goods or services that may interest you
• Present you with marketing relating to our Services and more relevant display
• advertisements, and to share promotional events
• Research and analysis to improve our Site and Services
• Manage our Services offerings, and assess the effectiveness of our marketing efforts
• Analyze and improve the content and functionality of our Site and Services
• Improve our products, services, and business
• Prevent, detect, or investigate security concerns, including fraud; and
• Comply with applicable laws, regulations, or industry requirements Fulfill any other purpose for which your provide it or consent
If at any time you wish not to receive any future marketing communications, or you wish to have your name deleted from our mailing lists, please contact us as indicated below. Note, however, that as a User of the Service, we will send you administrative communications that are reasonably necessary to the Service, such as billing or service notifications.
How We Share and Disclose of Your Personal Data and Other Information
We will share Personal Data and Other Information with third parties in accordance with applicable law and in the ways that are described below:
If you give us consent or permission to share the information.
To those third parties who perform functions on our behalf, including support service providers, such as hosting, email and postal delivery, product and service delivery, analytics services, data maintenance and storage, ID verification, processing applications and payments and completing transactions. When we employ another company to perform a function on our behalf, we only provide them with the information that they need to perform that specific function. These companies are authorized to use your Personal Data only as necessary to provide these services to us.
In accordance with a business transaction—if we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, other business transaction, we may share information, including Personal Data, subject to confidentiality arrangements.
• To prevent, detect, or investigate security concerns, including fraud.
• To protect and defend our operations, rights, privacy, safety or property, or that of its subsidiaries, affiliates, officers, employees, contractors, agents and/or partners
• To comply with applicable laws, regulations, or industry requirements.
• With law enforcement if required by law or in order to prevent fraud or other potential wrongdoing.
We do not share your personal information with third parties for their direct marketing purposes.
Your California Privacy Rights/ Do Not Track
California residents visiting our Site may request that we not automatically gather and track information pertaining to their online browsing movements across the Internet. We do not track users through cookies or other tracking technologies across the internet. Third parties may collect information about you across different websites, including our website. We do not currently utilize the capability to respond to web browser do not track signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of this information.
California Law also permits California residents to opt-out of our disclosure of personal information to third parties for their direct marketing purposes or to learn the categories of recipients and information disclosed. We do not share your personal information with third parties for their marketing purposes.
Your Access to and Control Over Your Information
We enable you to have access to and control over the accuracy of your Personal Data. You can access, correct, update, amend, delete or request deletion of your Personal Data by emailing our Customer Support at
or by contacting us at the contact information listed below. We will respond to your request within 30 days.
We will retain your Personal Data for as long as your account is active or as needed to provide you Services. Moreover, we will retain and use your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
The security of your Personal Data is important to us. To protect your Personal Data from unauthorized access and use, we use administrative, technical, and physical security measures to protect against the loss, misuse and/or alteration of your information. These measures include computer safeguards and secured files and buildings. When you enter sensitive information (such as financial or personal information) on our website, we encrypt the transmission of that information using secure socket layer technology (SSL). We also use third party ID verification to ensure our Users’ true identities are validated.
We follow generally accepted standards to protect the Personal Data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at Support@CoinZoom.com.
Children Under 13 Years Old
This Site is not directed to or intended to be used by children under 13 years old. CoinZoom does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site.
Links to Other Web Sites
4640 S. Holladay Village Plaza, Suite #206, Salt Lake City, Utah 84117
THE FOLLOWING SECTION CONTAINS AUSTRALIAN SPECIFIC PRIVACY PROVISIONS APPLICABLE TO USERS LOCATED IN AUSTRALIA ONLY
Additionally, please see the GDPR Addendum (further below) applicable solely and exclusively for users located in the European Union, as defined by EU Law.
The website, http://www.coinzoom.com/ (the “Site”), is owned and operated by CoinZoom, Inc., the parent company of CoinZoom Australia Pty Ltd” and its subsidiaries and other affiliates (collectively, “CoinZoom”, “we”, “our”, “us”). The Site has been created to provide a marketplace for buyers and sellers to trade digital currencies (the “Services”) and we provide to all users of the Site or the Services (“Users,” “you,” “your”), including institutional and retail investors (“investor(s)”).
In this Policy:
Personal Information means information or an opinion relating to an individual, which can be used to identify that individual.
Sensitive Information is personal information that includes information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and includes health information.
What Information We Collect:
When you become: (i) an Investor with CoinZoom by completing the account opening process or otherwise submit Personal Information in order to receive Services, e.g., when you make a wire transfer or tell us where to send money; or (ii) an Issuer that issued or is issuing utility coins and wants to list the utility coin through the Site by completing the necessary process and providing the appropriate disclosure of information, we may collect information about you, as further described below:
Personal Information That You Provide Through the Site: We collect Personal Information from you when you apply for, access and use financial (and related) products and Services offered by CoinZoom whether in person, by telephone or by providing information to us in hard copy or electronic form. We may verify this information or get additional information from consumer or investigative reporting agencies, credit reporting agencies or public sources. This information may relate to your finances, employment, avocations or other personal characteristics, as well as transactions and interactions between or among you and our affiliated companies or others. The Personal Information that we collect may include your name, address, citizenship, telephone number, email address, and date of birth, as well as details about your professional affiliations, assets, net worth, income, account balances, account transactions, investments and investment experience. In addition, Web tools are used on our Site to help us monitor traffic patterns and to see how the User navigates through our Site, including using cookies.
Non-Identifiable or Aggregated Information: When you interact with CoinZoom through the Site or Services, we receive and store certain information about you. Such information, which may be collected passively, may specifically identify you.
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include Internet Protocol (“IP”) addresses, browser type, Internet Service Provider (“ISP”), referring/exit pages, operating system, date/time stamp and clickstream data. CoinZoom may store such information itself or such information may be included in databases owned and maintained by CoinZoom’s affiliates, agents or service providers, including those located in the United States and other locations outside Australia such as Amazon Web Services and Identity Mind. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors’ internet service providers, and how our users use and interact with the Services. Furthermore, in an ongoing effort to better understand and serve the users of the Services, CoinZoom often conducts research on its customers’ demographics, interests and behavior based on the Personal Information and other information provided to CoinZoom by Users.
This research may be compiled and analyzed on an aggregate basis. CoinZoom may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. CoinZoom may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners and to other third parties for other lawful purposes.
How We Use Your Information:
If the personal information we request is not provided, we may not be able to provide you with our services or meet your needs appropriately. CoinZoom does not give individuals the option of dealing with us anonymously, or under a pseudonym, because doing so is impractical and would breach CoinZoom’s legal obligations under anti-money laundering and counter-terrorism financing laws.
Our Disclosure of Your Personal Information and Other Information:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Information may be part of the transferred assets and you will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.
Agents, Consultants, Service Providers and Related Third Parties: CoinZoom, like many businesses, may hire other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, ID verification, processing applications, shipping and fulfillment, processing payments and completing transactions. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. These companies are authorized to use your Personal Information only as necessary to provide these services to us.
Legal Requirements: CoinZoom may disclose your Personal Information if we believe that disclosure is required by applicable law, rules, or regulations to (i) cooperate with law enforcement or regulatory or self-regulatory organizations, (ii) comply with a legal obligation, (iii) protect and defend the rights or property of CoinZoom, (iv) act in urgent circumstances to protect the personal safety of users of the Site or the public against fraud or other harm, (v) enforce our customer and other agreements, or (vi) protect against legal liability.
Overseas recipients: CoinZoom may disclose your Personal Information to entities located overseas, including (i) our related bodies corporate located in the United States; (ii) data hosting and IT service providers; and (iii) other third parties, including those located in the United States. We take reasonable steps to ensure that overseas recipients of personal information do not breach the privacy obligations relating to your personal information.
Your Personal Information:
If your Personal Information changes, or if you no longer desire our Service, you may correct, update, amend, delete or request deletion by emailing our Customer Support at Support@CoinZoom.com or by contacting us at the contact information listed below. We will respond to your request within 30 days.
We will retain your Personal Information for as long as your account is active or as needed to provide you Services. Moreover, we will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
When you sign up for our Services or newsletter(s), we will send periodic emails to you regarding the Services or to tell you about Services we believe will be of interest to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at Support@CoinZoom.com.
The security of your Personal Information is important to us. To protect your Personal Information from unauthorized access and use, we use security measures that comply the Privacy Act the APPs. These measures include computer safeguards and secured files and buildings. When you enter sensitive information (such as financial or personal information) on our website, we encrypt the transmission of that information using secure socket layer technology (SSL). We also use third party ID verification to ensure our Users’ true identities are validated.
We follow generally accepted standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at Support@CoinZoom.com.
CoinZoom may receive unsolicited personal information about individuals. CoinZoom’s employees are required to notify the Data Privacy Officer of all unsolicited personal information received by them. We destroy all unsolicited personal information.
Social Media Features:
Links to Other Web Sites:
Other Terms and Conditions:
Access to Personal Information:
Subject to the exceptions set out in the Privacy Act, you may gain access to the personal information which CoinZoom holds about you by contacting the CoinZoom Privacy Officer. If we refuse to provide the information to you, we will provide reasons for the refusal, including any exceptions relied upon under the Privacy Act.
If you would like to make a complaint about the treatment or handling of your personal information, you can lodge a complaint with the CoinZoom Privacy Officer using the details listed below under the heading “Contacting CoinZoom”. All complaints will be handled in accordance with our complaints handling process which involves (i) identifying (and addressing) any systematic/ongoing compliance problems; (ii) increasing consumer confidence in our privacy procedures; and (iii) helping to build and preserve our reputation and business.
If you are not satisfied with our response to your complaint, you can also refer your complaint to the Office of the Australian Information Commissioner:
1300 363 992
Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218,
SYDNEY NSW 2001
4640 S. Holladay Village Plaza, Suite #206, Salt Lake City, Utah 84117
https://support.coinzoomm.com or email@example.com
(Applicable solely and exclusively for users located in the European Union, as defined by EU Law)
GDPR means the General Data Protection Regulation.
Responsible Person means - Charles A. Christofilis, Acting Data Privacy Officer.
Register of Systems means a register of all systems or contexts in which personal data is processed by CoinZoom.
1. Data protection principles
CoinZoom is committed to processing data in accordance with its responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
a) processed lawfully, fairly and in a transparent manner in relation to individuals;
b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be incompatible with the initial purposes;
c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
2. General provisions
a) This policy applies to all personal data processed by CoinZoom for users located in the European Union.
b) The Responsible Person shall take responsibility for CoinZoom’s ongoing compliance with this policy.
c) This policy shall be reviewed at least annually.
d) CoinZoom shall register with the Information Commissioner’s Office as an organization that processes personal data.
3. Lawful, fair and transparent processing
a) To ensure its processing of data is lawful, fair and transparent, CoinZoom shall maintain a Register of Systems.
b) The Register of Systems shall be reviewed at least annually.
c) Individuals have the right to access their personal data and any such requests made to CoinZoom shall be dealt with in a timely manner.
4. Lawful purposes
a) All data processed by CoinZoom must be done on one of the following lawful bases:
b) consent, contract, legal obligation, vital interests, public task or legitimate interests.
c) CoinZoom shall note the appropriate lawful basis in the Register of Systems.
d) Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
e) Communications will only be sent to individuals based explicit consent. If you wish to revoke consent to receive communications, please contact support. We have systems should be in place to ensure such revocation is reflected accurately.
5. Data minimization
a) CoinZoom shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
a) CoinZoom shall take reasonable steps to ensure personal data is accurate.
b) Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
7. Archiving / removal
a) To ensure that personal data is kept for no longer than necessary, CoinZoom shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
b) The archiving policy shall consider what data should/must be retained, for how long, and why.
a) 30. CoinZoom shall ensure that personal data is stored securely using modern software that is kept up to date.
b) 31. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorized sharing of information.
c) 32. When personal data is deleted this should be done safely such that the data is irrecoverable.
d) 33. Appropriate back-up and disaster recovery solutions shall be in place.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, CoinZoom shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the Information Commissioner’s Office (ICO), the independent regulatory office in charge of upholding information rights in the interest of the public.
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