Revision Date: March 4, 2022
CUSTOMER SERVICE CONTACT INFORMATION
Address: 11766 Wilshire Blvd., Suite 300, Los Angeles, CA 90025
Mobile Application: TAPT Android and iOS Mobile Application
Website: www.taptmoney.com.
Toll-Free Telephone Number: 1-888-721-3821 Hours of Operation: 24 hours per day
* If your access information has been lost, stolen, or compromised, please contact us immediately.
IMPORTANT NOTICES:
1.) PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. SEE THE SECTION BELOW TITLED “ARBITRATION CLAUSE” WHICH REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING US WRITTEN NOTICE WITHIN 45 DAYS AFTER YOUR FIRST DEBIT CARD USE.
2.) YOU MUST ACTIVATE YOUR DIGITAL WALLET BEFORE ADDING YOUR DEBIT CARD TO IT.
3.) BY ADDING YOUR DEBIT CARD TO YOUR DIGITAL WALLET, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ADD YOUR DEBIT CARD TO YOUR DIGITAL WALLET.
4.) BY ADDING YOUR DEBIT CARD TO YOUR DIGITAL WALLET, YOU ARE ALSO AGREEING TO OUR PRIVACY POLICY AND THE TAPT APP PRIVACY POLICY. PLEASE VISIT HTTPS://WWW.SUTTONBANK.COM/_/KCMS-DOC/85/49033/WK-PRIVACY-DISCLOSURE-1218.PDF TO VIEW, PRINT, AND SAVE OUR PRIVACY POLICY AND WWW.TAPTMONEY.COM FOR THE TAPT APP PRIVACY POLICY.
This Agreement is the contract that governs your use of your Debit Card in your Digital Wallet. Please read this Agreement carefully and keep it for future reference. See www.taptmoney.com for the current version of this Agreement. Write down the Customer Service telephone number provided in this Agreement on a separate piece of paper in case you cannot access your Digital Wallet. Keep the paper in a safe place. Our business days are Monday through Friday, excluding federal holidays, even if we are open.
- DEFINITIONS
The following are important terms used throughout this Agreement:
“Agreement” means this TAPT Digital Wallet Agreement and any additional policies, documents, or agreements referenced in this TAPT Digital Wallet Agreement.
“Bank”, “we”, “our”, and “us” mean Sutton Bank, member FDIC and/or its successors, affiliates, and assignees.
“Debit Card” means the debit card associated with your TAPT deposit account held by us that you add to the Digital Wallet.
“Digital Wallet” means your pre-existing digital wallet to which you add your Debit Card.
“Digital Wallet Account” means the deposit account associated with your Debit Card that you add to your Digital Wallet.
“Program Manager” means FCTI, Inc. and/or its successors, affiliates, and assignees.
“TAPT Program” refers to the suite of services that includes access to a deposit account and the Debit Card that you apply for and establish with us and that is governed by the TAPT App Terms of Service and the FCTI Account Agreement/Terms & Conditions.
“You” and “your” mean the individual who added your Debit Card to your Digital Wallet and the only individual authorized to use the Debit Card.
2. ACTIVATING THE DIGITAL WALLET
You may need to register and activate the Digital Wallet before it can be used.
3. IMPORTANT INFORMATION ABOUT OPENING A DIGITAL WALLET ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a Digital Wallet. Accordingly, when you request a Digital Wallet, we will ask you for certain information, including, but not limited to, your name, address, date of birth, Social Security Number, phone number, and other information that will allow us to identify you. We may also request additional identifying information and documentation from time to time in connection with your access to or use of certain Digital Wallet features, functionality, and services.
After your Digital Wallet Account is opened, we may ask again to see a copy of your driver’s license or other identifying documents at any time if we deem it necessary to verify your identity, address, or transactions on your Digital Wallet Account. If we ask for specific identifying documents, we will have the right to immediately close or suspend your Digital Wallet Account if those specific documents are not provided. These measures are specifically designed to help us protect your identity and identify possible fraud on your Digital Wallet Account.
4. CONSENT FOR ELECTRONIC DISCLOSURES
To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). Your consent to receive electronic disclosures applies to all of the documents we provide to you electronically in connection with the Digital Wallet Account, including periodic statements and notices. Your statement is available for viewing and printing online at www.taptmoney.com and/or the TAPT mobile application after selecting the paperless statement option at www.taptmoney.com and/or the TAPT mobile application. If you choose to unsubscribe from marketing emails from us, that will not constitute withdrawing your consent to receive electronic communications related to your Digital Wallet and/or Digital Wallet Account. By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; (3) your consent will remain in effect until you withdraw your consent as specified below; and (4) you acknowledge that you may request a non-electronic paper copy of the electronic records and documents, which will be provided to you within a reasonable amount of time at no charge.
Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by calling 1-888-721-3821. If you withdraw your consent to receive Communications electronically, we will close your Digital Wallet and Digital Wallet Account and return your remaining Digital Wallet Account balance as set forth in this Agreement, and you will no longer be able to use your Digital Wallet or Digital Wallet Account or participate in the Program, except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically. You may receive a paper copy of any Communications, by sending a request to us at 11766 Wilshire Blvd. Suite 300, Los Angeles, CA 90025 or calling us at 1-888-721-3821. Your request should specify the document that you would like us to send and provide your name, address, and Digital Wallet Account number. If you request copies of any of the Communications, the Communications will be provided to you in a reasonable amount of time. There is no fee for receiving paper copies of Communications. Your request for non-electronic paper copies may be made at any time.
Address or Name Changes: You are responsible for notifying us of any change in your name, physical address, phone number, mailing address, or email address. Requests for address or name changes may be subject to additional verification requirements.
We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
Email Disclosures: We cannot accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications. If you make your email account available to any other individual, you agree that you are responsible for any release of your Digital Wallet Account information to such individual.
5. REPRESENTATIONS AND WARRANTIES
By activating the Digital Wallet Account or by retaining, using, or authorizing the use of the Digital Wallet, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or lawfully residing in the U.S., Puerto Rico, or the District of Columbia (with a valid U.S. tax I.D.); (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Digital Wallet Account is true, correct, and complete; (v) you received a copy of this Agreement and our Privacy Policy and agree to be bound by and to comply with its terms; (vi) you accept the Digital Wallet; and (viii) you have registered for an account with the Program Manager.
6. DIGITAL WALLET USE
You may add the Debit Card to the Digital Wallet to make purchases.
We may refuse to process any transaction that you initiate with the Debit Card that we believe may violate the law or the terms of this Agreement.
If you use your Digital Wallet Account at a restaurant, a hotel, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
You are responsible for all authorized transactions initiated and fees incurred by use of your Digital Wallet. If you permit another person to have access to your Digital Wallet we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons.
7. OVERPAYMENT
We reserve the right to deduct funds from your Digital Wallet Account in order to correct a previous error or overpayment to you.
8. DIGITAL WALLET BALANCE/PERIODIC STATEMENTS/DIGITAL WALLET AGREEMENT
You are responsible for keeping track of your Digital Wallet Account available balance. Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction.
You may obtain information about the amount of money you have remaining in your Digital Wallet Account by calling 1-888-721-3821 or by accessing your account at www.taptmoney.com. This information, along with a 12-month history of account transactions, is also available at www.taptmoney.com. If your account is registered with us, you also have the right to obtain at least 24 months of written history of account transactions by calling 1-888-721-3821, or by writing us at 11766 Wilshire Blvd. Suite 300, Los Angeles, CA 90025. You will not be charged a fee for this information unless you request it more than once per month.
A copy of this Agreement is available to you at www.taptmoney.com.
9. DIGITAL WALLET ACCOUNT CLOSURE
You may close your Digital Wallet Account at any time by calling 1-888-721-3821. You may request the unused balance to be returned to you via a check to the mailing address we have in our records. There is no fee for this service. We reserve the right to refuse to return any unused balance amount less than $1.00. Any request for a return of funds shall be processed within a reasonable period of time after your request.
10. CONFIDENTIALITY
We may disclose information to third parties about your Digital Wallet or the transactions you make:
(1) Where it is necessary or helpful for completing transactions;
(2) In order to verify the existence and condition of your Digital Wallet for a third party, such as merchant;
(3) In order to comply with government agency, court order, or other legal or administrative reporting requirements;
(4) If you consent by giving us your written permission;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed;
(6) In order to prevent, investigate or report possible illegal activity;
(7) In order to issue authorizations for transactions on the Digital Wallet;
(8) As permitted by applicable law; or
(9) Otherwise as necessary to fulfill our obligation under this Agreement.
Please see our Privacy Policy, available at https://www.suttonbank.com/_/kcms-doc/85/49033/WK-Privacy-Disclosure-1218.pdf, for further details.
11. ASSIGNMENT; APPLICABLE LAW; SEVERABILITY AND WAIVER
You may not transfer or assign your Digital Wallet Account or this Agreement to any other person without the Bank’s prior written consent.
This Agreement will be governed by and interpreted in accordance with federal law and, to the extent federal law does not apply, by the laws of the State of Ohio. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Ohio, with respect to all controversies arising out of or in connection with the use of the Digital Wallet and this Agreement that are not subject to arbitration.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.
12. AMENDMENT AND CANCELLATION
We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on our website at www.taptmoney.com, and any such amendment shall be effective upon such posting to that website. The current Agreement is available at www.taptmoney.com. 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, we can implement such change without prior notice.
We may cancel or suspend this Agreement at any time. You may cancel this Agreement by contacting Customer Service.
Termination, whether by you or us, shall not affect any and all prior transactions or obligations relating to your Digital Wallet Account or this Agreement and will not affect any of our rights or your obligations arising under this Agreement prior to termination.
13. DISCLAIMER OF WARRANTIES
EXCEPT FOR ANY EXPRESS WARRANTIES WE PROVIDE IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE DIGITAL WALLET OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Digital Wallet.
14. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE DIGITAL WALLET; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE DIGITAL WALLET.
15. NO WARRANTY OF UNINTERRUPTED USE
From time to time the Digital Wallet services may be inoperative, and when this happens, you may be unable to use your Digital Wallet or obtain information from your Digital Wallet, including the available balance of funds associated with your Digital Wallet Account. Please notify us at the Customer Service number stated above if you have any problems using your Digital Wallet. You agree that neither the Bank, the Program Manager, nor any of their respective affiliates, employees, or agents are responsible for any interruption of service.
16. WEBSITE AND MOBILE APPLICATION AVAILABILITY
Although considerable effort is expended to make our website, mobile application, and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, mobile application changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
You agree to act responsibly with regard to our website, mobile application, and their use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website or mobile application’s system and integrity.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
17. ENGLISH LANGUAGE CONTROLS
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
18. TELEPHONE MONITORING/RECORDING
You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.
19. SECTION HEADINGS
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
20. ARBITRATION CLAUSE
You or we may elect to resolve any claim by an individual arbitrator. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, you and we hereby waive the right to litigate the claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.
Any claim, dispute, or controversy (“Claim”) between you and us arising out of or relating in any way to this Agreement, your Digital Wallet, your purchase of the Digital Wallet, your usage of the Digital Wallet, or transactions on the Digital Wallet, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.
We will pay all fees associated with administration of arbitration, including fees to commence the arbitration. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause.
Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This Arbitration Clause shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Digital Wallet, or any amounts owed on your Digital Wallet, to any other person or entity. If any portion of this Arbitration Clause is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
Solely for purposes of this Arbitration Clause, “We” or “Us” shall mean the Bank, and its respective successors, affiliates or assignees as well as any third party using or providing any product, service or benefit in connection with the Digital Wallet.
You may reject this Arbitration provision by sending a written rejection notice to us at: 11766 Wilshire Blvd. Suite 300, Los Angeles, CA 90025. Your rejection notice must be mailed within 45 days after your first Digital Wallet use. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number, and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the agreements for any other currently open TAPT Program accounts you have will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this section or the Agreement.
21. CUSTOMER SERVICE
For customer service or additional information regarding your Digital Wallet, please contact us at 1-888-721-3821 or at www.taptmoney.com.
Customer Service agents are available twenty-four (24) hours a day, seven (7) days a week to answer your calls.
22. ENTIRE UNDERSTANDING
This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.
This Digital Wallet Agreement is effective as of the Revision Date set forth above.