TERMS AND CONDITIONS for adding The State Bank of Geneva Card to a Third Party Digital Wallet (Apple Pay)
These Terms and Conditions (the “Terms”) apply when you choose to add The State Bank of Geneva (“Bank”, “SBG”) debit card (“Card”) to a Mobile Wallet Service (“Apple Pay”, “Wallet”). In these Terms, “you”, “your”, “their”, and “my” refer to the cardholder of The State Bank of Geneva Card, and “we,” “us,” “our,” and “The State Bank of Geneva” refer to the issuer of the SBG Card, which will be The State Bank of Geneva.
These Terms are a legal agreement between you and the Bank. The terms of this Agreement are in addition to those that apply to any account or service you have with SBG. The customer is requested to review the Terms and Conditions carefully before selecting “Agree” within the Mobile Wallet and adding or using any Card with the Wallet because, by doing so, the customer agrees to all terms, conditions, and notices contained or referenced in these Terms.
· Card means The State Bank of Geneva debit card issued by the Bank to the Customer. The Card is not expired, blocked, suspended, or cancelled.
· Customer to you means the Bank account holder of the account related to the Bank Card or the Card Account holder of the Card issued by The State Bank of Geneva.
· Device includes but is not limited to any mobile device (“Device”), tablet, smart watch, or any other device that supports the Wallet.
· Wallet means the mobile payment and digital wallet service created by the third-party Wallet Providers that enables the users to make payments using certain Devices and Cards registered on such Devices.
· Passcode means the secret code that is required to unlock a Device, including a password, passcode, pattern or biometric identifier (where applicable).
What is a Mobile Wallet Service?
A Mobile Wallet Service is available to cardholders for the purpose of purchasing goods and services using a compatible wireless mobile phone, tablet, smart watch, computer, or any other device that supports the Mobile Wallet Service as a form of payment. The Wallet allows you to add your SBG Card to an application using your Mobile Device. Your SBG Card number is replaced with a digital number or token. The wallet enables you to create and store virtual representations of your eligible SBG debit card and add account information on your supported device creating a mobile Wallet that will permit you to use your Wallet to make purchases at authorized merchants and merchant websites. The Wallet allows you to use your compatible device to access and use your Cards to make such purchases in place of presenting or using your physical Card.
The State Bank of Geneva is Not Responsible for the Wallet
The State Bank of Geneva is not the provider of the Wallet, and we are not responsible for providing the Wallet service to you. We are only responsible for supplying information securely to the Wallet provider to allow usage of the SBG Card in the Wallet. You understand that you may use your Mobile Device to make payments only where the Wallet is accepted. We are not responsible for any failure of the Wallet or the inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Wallet provider or any other third parties regarding any agreement you enter into with the Wallet provider or associated third-party relationships that may impact your use of the Wallet.
The Bank shall determine which Cards will be eligible for use through the Wallet. Active card accounts that are in good standing are eligible to be added to a Wallet. If your Bank Card or any underlying Bank account becomes delinquent, is in a negative status, or is otherwise maintained in an unsafe manner (e.g., fraudulent activity occurs) as determined at the sole discretion of the Bank, your SBG Card may be removed by the Bank from the Wallet. The Wallet may not be accepted at all places where your Bank Card is accepted.
Relationship to Other Agreements
You agree that when you add your SBG Card to a Wallet service, your SBG Card and account will remain subject to the terms and conditions of all existing agreements with SBG. Your SBG Card Terms Do Not Change, the cardholder agreement that governs The State Bank of Geneva Card applies when you use a mobile wallet to make purchases or other transactions with your SBG Card. The Card-Member Agreement or account agreement that governs the SBG Card, amended from time to time, are incorporated by reference as part of these Terms. It is advised that you review those agreements periodically. The Wallet simply provides another way for you to make purchases or other transactions with the SBG Card.
You consent to receive electronic communications from us in connection with your SBG Card and the Wallet. You agree that we may contact you by email at any email address you provide to us in connection with any SBG product, service, or account you maintain at SBG. We may also communicate with you through the mobile device on which you have downloaded the SBG Mobile app. You agree we may contact you via your mobile device for any purpose concerning your account at SBG, including account servicing and collection purposes. When your contact information changes, you agree to update us promptly.
You acknowledge that the Wallet Provider or other third parties, such as wireless companies or data service providers, may charge you service fees in connection with your use of your Device or the Wallet. These include fees your wireless carrier may charge you for data usage and text messaging services. Check with your wireless carrier or data provider for details regarding your specific wireless plan and any data usage or text messaging charges that may apply. For example, your mobile service carrier or provider may impose data usage or text charges for your use of or interaction with the Wallet, including downloading the software, receiving or sending text messages (i.e., selecting to receive a passcode via text message) or other use of your mobile device when using the software, receiving or sending text messages. You expressly agree that you are responsible for all such fees, limitations, and restrictions.
Account Ownership/Accurate Information
You represent that you are the legal owner of the account and other financial information that may be accessed via the Wallet. You represent and agree that all information you provide in connection with the Wallet is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of operating the Wallet. You agree not to misrepresent your identity or your account information.
Measure to Maintain your Privacy and Security
You agree to take every precaution to ensure the safety, security, and integrity of your account and transactions when using the Wallet. You agree not to leave your Mobile Device unattended while logged into the Wallet and to log off immediately at the completion of each access by you. You agree not to provide your password or other access information to any other person. If you believe that someone may have unauthorized access to your Mobile Device, you agree to immediately cancel your access to the Wallet associated with the Mobile Device. If your Eligible Device is lost or stolen, your Touch ID (fingerprint Identity) or other passcode is compromised, or your Card has been used through Apple Pay without your permission, you must notify the Bank immediately. If you fail to notify us without delay, you may be liable for part or all of the losses in connection with any unauthorized use of your Wallet (please see your cardholder agreement for further details). You agree to contact us promptly at (630) 232-3200 during normal business hours and you may cancel your SBG debit Card after hours at (800) 523-4175.
You agree to comply with all applicable laws, rules, and regulations in connection with your SBG Card and any Wallet Service. We may in some cases make individual identifying information available only in the following circumstances: where ordered by a court or other legal body or where it is lawfully permitted or required; or where the client has requested or consents to the disclosure of information.
When a purchase is made through a Wallet Service using an SBG Card, it will appear on your account statement in the same manner as any other purchase using your SBG Card. You agree it is your responsibility to review your account statement, therefore if you believe there is an error with any Wallet Service transaction, you must contact The State Bank of Geneva at (630) 232-3200 during normal business hours and you may cancel your SBG debit Card after hours at (800) 523-4175.
Changes in These Terms and Conditions
Except as otherwise required by law, SBG may at its sole discretion change these terms and modify or cancel the eligibility to use your SBG Card with a Wallet service at any time, without notice to you. You cannot change these terms, but you can terminate them by removing your SBG Card(s) from the Wallet. SBG reserves the right to refuse any transaction for any reason.
We Can Block, Suspend, or Cancel Your Use of an SBG Card
We can block you from adding an SBG Card to the Wallet, suspend your ability to use an SBG Card to make purchases using the Wallet, or cancel entirely your ability to continue to use an SBG Card in the Wallet. We may take these actions at any time and for any reason, such as if we suspect fraud with your SBG Card, if you have a negative balance on your SBG Card account, if applicable laws change or if directed to do so by the Wallet Provider or the applicable card network (such as MasterCard). You may remove an SBG Card from the Wallet by following the Wallet Provider’s procedures for removal.
Exclusion of Warranties; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF A MOBILE WALLET SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WALLET IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THE BANK IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. THE BANK MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR VALIDITY OF ANY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF A WALLET. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCULDING LOST PROFITS, ARISING FROM OR RELATED TO YOUR ADDING AN SBG CARD TO A WALLET, OR YOUR ACCESS OR USE OF A WALLET. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATION, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABLILITY AND FITNESS OF A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHT) AS TO ANY AND ALL WALLETS AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE WALLET.
You will indemnify, defend, and hold us harmless (and our employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Terms and Conditions, including any violation of our policies; (b) your wrongful or improper use of Apple Pay, including willful misconduct or fraud; (c) your violation of any third–party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any other party's access or use of Apple Pay with your Touch ID or other appropriate security code.