AMAZON FLEX VISA BUSINESS DEBIT CARD
DEPOSIT ACCOUNT AGREEMENT
This Deposit Account Agreement (including, but not limited to all appendices, such as the Online and Mobile Banking Agreement attached as Appendix A) explains how your account works, what fees are applicable to your account, how our various services work, and the policies, terms and conditions that govern your account. Please read this agreement and keep it for your records. You can get a copy of it at any time in the Amazon Flex Debit Card Mobile App ("Mobile App").
When we say "we," "us," "our" or "Bank," we mean Green Dot Bank, Member FDIC, the bank that holds the money in your account. Please note that Green Dot Bank operates under the following registered trade names: GO2bank, GoBank, Green Dot Bank and Bonneville Bank. All of these registered trade names are used by, and refer to, a single FDIC-insured bank, Green Dot Bank. Deposits under any of these trade names are deposits with Green Dot Bank and are aggregated for deposit insurance coverage.
Amazon is not a party to this agreement and is not responsible for your deposit account. Any questions regarding your account should be directed to Green Dot Bank, as set forth in this agreement.
When we say "you" or "your," we mean each Amazon Flex Delivery Partner who has a Green Dot Bank account and anyone else that a Green Dot Bank accountholder gives account access to. You can find other definitions near the end of this agreement.
NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR AT THE END OF THIS AGREEMENT.
-
Getting Started
-
General Information. Your account is a deposit account. Once you open your account and make the initial deposit, you will receive a Visa debit card (your "Card" or "Debit Card") that is linked to your primary deposit account. Money in your primary deposit account will not earn interest. Your account also consists of multiple non-interest-bearing subaccounts to your primary deposit account where you may put money aside for certain purposes ("Vaults"). Your account with us is insured up to the regulatory limits by the Federal Deposit Insurance Corporation, or FDIC.
-
Opening an Account. To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who opens an account. When you apply for an account, we will ask for your name, address, date of birth, social security number, phone number and other information that will allow us to identify you. We may additionally use other methods of data collection, like device ID and geolocation data generated from your devices and other sources of data provided to us internally or through third parties to ensure the legitimacy of the personal information you have provided to us, including, but not limited to, the collection and validation of your state issued ID or other printed documentation and data related to your phone, computer and/or other and devices to ensure that the personal identifying information you have provided to us is accurate and true. In addition, before you may use certain features of your account, we may require you to undergo further identity or account verification, including, but not limited to, activating your personalized card, verifying your email or mobile phone, or uploading an image of your state issued ID for verification.
We reserve the right to not open an account for anyone in our sole discretion. We may also limit the number of accounts that you have in our sole discretion.
-
General. Once you have successfully completed account registration, you will be eligible to earn Cash Back Rewards on qualifying purchases made with your Debit Card. Please see Appendix B for the full terms and conditions applicable to the Cash Back program.
-
-
Fees
-
General. Our fee schedule below describes the fees associated with your account and certain related services. We may offer additional products, services and features from time to time, and the fees for those offerings will be disclosed to you at the time they are offered. In addition to the fees listed below, there are some situations where a third party may charge additional fees. For example, when you use an ATM outside of our network, you may be charged a fee by the ATM operator in addition to our fee.
Fee Type
Fee
Monthly Fee
$0
In-Network ATM Withdrawal
3 free per calendar month, $3.00 per transaction thereafter
"In-Network" refers to all ATMs in our network that are surcharge-free. To find an in-network ATM, check our Mobile App.
Out of Network ATM Withdrawal*
$3.00 per transaction
Out of Network Balance Inquiry at ATMs*
$0
Teller Cash Withdrawal
$0
Replacement Card (for Lost, Stolen or Damaged Card)
$0
Foreign Transaction Fee**
3% of total transaction amount
* You may also be charged a fee by the ATM operator in addition to our fee (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
** This fee is in addition to any other fee that may apply to your transaction. Please note use of your Card outside of the U.S. will be limited; see Section 6.e. titled "Foreign Transactions" for more information.
-
-
General Information About Deposits & Funds Availability
-
General. You may make deposits to your account in cash at a participating retailer, by using direct deposit once you have completed the account sign-up process, by using the Mobile Deposit Service (as defined below) or by using the Bank Transfer Service (as defined below). More information regarding how to deposit money to your account can be found in the Mobile App. Our Mobile App may also offer you additional ways to deposit money from time to time, and any applicable fees or limits will be disclosed to you at the time they are offered to you.
-
Limits on Deposits. We may refuse to accept a deposit or transfer to an account, limit its size, or return all or part of it to you or the sender. We reserve the right to limit the amount of funds that may be maintained in an account. We may, in our sole discretion, let you deposit more money to your account if you deposit by direct deposit or other methods. We cannot accept checks or cash mailed to us for deposit or inbound wire transfers.
If you deposit cash at a participating retailer, please be aware that retailers have their own minimum and maximum deposit limits.
-
Funds Availability. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.
-
Cash Deposits. Cash deposits made through participating retailers are generally made available within 60 minutes from the time the transaction is reported to our technology systems by the retailer. Fees of up to $5.95 may be collected by retailers when depositing cash to your account at their locations. This fee is charged by the retailer and is subject to change. This fee is not deducted from your account and will not be reflected in any periodic statement. This fee can be lower depending on how and where you deposit cash.
-
Direct Deposits. Electronic direct deposits will be available on the day we receive the deposit. Please keep in mind, however, that after we make funds available to you, and you have spent, transferred or withdrawn the funds, you are still responsible for any problems involving your deposit.
If you make a deposit before the close of business on a business day, we will consider that day to be the day of your deposit. However, if you make a deposit after the close of business or on a day we are not open, we will consider that the deposit was made on the next business day.
-
Checks Deposited Using the Mobile Deposit Service. If we confirm acceptance (as described in Section 10(k) of your deposit using the Mobile Deposit Service on a business day before 4:00 p.m. Pacific Time, we will consider that day to be the day of your deposit; otherwise, your check will be considered deposited as of the next business day. We will generally make funds from your check deposits available to you within five business days after the day of your deposit. Certain check deposits require manual review, and we may extend the hold period for these deposits. We will notify you if your check deposit requires manual review. We may elect to extend the hold period for mobile deposit, for all or a portion of your deposit, for any reason with or without cause and will notify you if we do so.
-
Special Rules for New Accounts. If you are a new customer, during the first 30 days your account is open, funds from electronic direct deposits (including Automated Clearing House ("ACH") credit transactions) to your account will be available on the day we receive the deposit. Funds from deposits of cash will be available on the first business day after the day of your deposit if the deposit meets certain conditions. We may impose different funds availability limits for other forms of deposits. We will disclose those rules to you before you use those services.
-
Other Types of Deposits. Funds availability rules for other types of deposits will be disclosed to you at the time those other deposit options are offered to you.
-
-
-
Direct Deposits. You may arrange to have funds transferred directly to your account by your employer or other appropriate payor once we have successfully verified your personal information. If you have arranged to have direct deposits made to your account at least once every 60 days from the same person or company, you can call us at (855) 676-0678 or use the Mobile App to find out whether or not the deposit has been made. Funds from direct deposits will generally be available on the day the Bank receives the transfer. In case of transmission error, or transfer irregularity, your ability to withdraw funds may be delayed. If this occurs, then funds will generally be available within five (5) business days after the transfer. We reserve the right to reject or limit transfers via direct deposit in our sole discretion, and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or social security number) that we have on file for you. You may cancel the direct transfer authorization at any time by sending a written notice to your employer or payor and providing your employer or payor and the Bank sufficient time to act upon the notice. Your employer or payor may terminate this method of payment, with or without cause, at any time.
-
[Reserved.]
-
About Your Debit Card
-
General. Your Card is linked to your primary deposit account, and not your Vaults. You will be able to set a personal identification number ("PIN") for your Card. You agree not to disclose your PIN to others and to safeguard its confidentiality. Except as otherwise indicated, you may use your Card to purchase goods and services anywhere Visa debit cards (as applicable) are accepted and to access cash at ATMs and from tellers of financial institutions displaying the Visa name and/or logo, as applicable. Please note that if you use your Card to get account balance information from an ATM, the balance may not reflect recent transactions, and may include funds that are not available for immediate withdrawal.
-
Charges to Your Card and Receipts. Each time you use your Card to purchase goods or services, you authorize us to charge the amount against the money in your account. You should get a receipt at the time you make a transaction or obtain cash using your Card, and you can get a receipt at the time you make any withdrawal from your account using your Card at one of our in-network ATMs.
-
Limits on the Use of Your Card and Account. We reserve the right, in our sole discretion, to limit the amount, number or type of transactions you can make using your Card or account. We may, in our sole discretion, further limit your use of the Card at ATMs, and, in addition to our limits, an ATM owner or operator may impose additional withdrawal limits. We may refuse to process any transaction that we believe may violate the law or the terms of this agreement. You agree that you will: (i) not use the Card or account at unlawful domestic or international gambling websites, or at payment processors supporting unlawful gambling websites, or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any PIN used to access your account; and (iv) use the Card only as permitted by us. We may refuse to issue a Card or account, revoke or suspend your Card or account privileges or cancel your Card or account with or without cause or notice, other than as required by applicable law. You agree not to use or allow others to use an expired, revoked, canceled, suspended or otherwise invalid Card. You cannot sell or transfer your account to anyone else, and it can only be used by you or someone you authorize. If you authorize anyone else to use your Card or account, you are responsible for all transactions made by that person, even if they exceed the authorization granted. Your Card can only be used for cash withdrawals at ATMs and for teller cash withdrawals in the U.S. and its territories, Canada, and Mexico. We may, in our sole discretion, allow you to use your Card for cash withdrawals in other countries. Notwithstanding the foregoing, we reserve the right to limit or block the use of your Card in foreign countries due to fraud or security concerns or to comply with applicable law.
-
Money in Your Account May Be Held Until a Transaction is Completed. When you use your Card or account to pay for goods or services, certain merchants may ask us to authorize or "hold" the transaction in advance and may estimate the final purchase amount. In addition, when you use your Card for an ATM withdrawal or a teller cash withdrawal, we generally authorize the transaction in advance (including all applicable fees). When we authorize a transaction, we commit to make the requested funds available when the transaction finally settles and will place a hold on your account's funds for the amount indicated by the merchant, and this transaction will show as "pending" in your transaction history. We also may add an amount for transactions with certain merchants to ensure that sufficient funds will be available to cover the final transaction amount (such as to cover a tip at a restaurant). Transactions with certain merchants that authorize high dollar amounts, such as rental car companies and hotels, and certain cash and international transactions may cause a hold on money in your account for up to 90 days. You will not be able to use the money in your account that is on hold until the transaction finally settles or the hold is otherwise released. If a pending transaction is not presented to us for payment within our established time period after being authorized (typically, three business days, but may be up to 90 days for certain types of transactions, as described above), we will release the hold. Note that if a transaction is presented to us for payment from your account after we have released the hold, we must honor the transaction, which may result in a negative balance in your primary deposit account. When a transaction finally settles, we will charge your account for the amount of the final transaction, including any applicable fees, and then will release the hold on any remaining amount of money, as applicable.
-
Foreign Transactions. If you conduct a transaction in a currency other than U.S. dollars, the merchant, network or card association that processes the transaction may convert any related debit or credit into U.S. dollars in accordance with its then current policies. Visa currently uses a conversion rate that is either: (i) selected from a range of rates available in the wholesale currency markets on or one day prior to its central or transaction processing date (note: this rate may be different from the rate the association itself receives), or (ii) the government-mandated rate. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your account. We will impose a charge equal to 3% for each transaction that you conduct in a currency other than U.S. dollars. This charge is in addition to any of the Bank's usual fees, including, but not limited to, the out-of-network ATM fee.
We monitor your account for signs of potential fraud, which could include the use of your Card in a manner that is out of the ordinary. If you are planning on using your Card in a foreign country (for example, if you are traveling abroad), it is possible that your foreign transactions may be delayed or declined. For example, there are some countries in which we are required by law to block transactions and some countries for which we will not authorize the use of your account due to fraud, terrorism, or other concerns. Those countries change from time to time, so contact us in advance if you are planning on using your Card in a foreign country and want to confirm that the Card can be accepted in that country.
-
ATM Safety. You agree to exercise discretion when using ATMs. If there are any suspicious circumstances, do not use the ATM. If you notice anything suspicious while transacting business at the ATM, cancel the transaction, pocket your Card and leave. Be careful when using the ATM and be aware of the surroundings, especially at night or in isolated areas. Park near the ATM in a well-lighted area. At night, have someone accompany you when possible. Do not approach a dark ATM. Do not accept assistance from anyone while using the ATM. Do not display your cash; pocket it and count it later in the safety of your office or home. Be sure to save your transaction slips. Check them against your statements regularly. Prepare deposits at home to minimize your time at the ATM. Make sure you safeguard your PIN — do not write it on your Card or carry it in your wallet or purse. Always secure your Card just like you would your cash, checks and credit cards. Report all crimes to the ATM operator and local law enforcement officials immediately. We do not guarantee your safety while using the ATM.
-
Refunds on Purchases. Cash refunds will not be made to you for purchases made with your Card. If a merchant gives you a credit for merchandise returns or adjustments, it may do so by processing a credit adjustment, which we will apply as a credit to the account from which the original funds were debited. For security reasons, if a credit is applied to your account for which there was no debit originally, we may block the use of your account.
-
-
[Reserved.]
-
Limits on Your Account.In addition to any other limits included in this agreement, your account is subject to the following limits:
-
Daily Cash Deposits. You may deposit up to $3,000 in cash per day in the aggregate.
-
Daily and Monthly Cash Withdrawals. You may make ATM withdrawals up to $500 in cash in the aggregate per day, and up to $3,000 in cash in the aggregate per calendar month. You may withdraw up to $3,000 in cash through teller withdrawal transactions per calendar month. We may, in our sole discretion, permit you to withdraw higher amounts of cash.
-
Total Daily Spend. You may not spend more than $10,000 per day using your Debit Card.
-
Suspension, Termination. We may revoke or suspend your account privileges or cancel your account with or without cause or notice, other than as required by applicable law.
-
-
Electronic Funds Transfers; Other Rights & Terms
-
Your Liability for Unauthorized Electronic Fund Transfers. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within two business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission. (Note: You will not be liable for the amounts stated above unless we determine that you were grossly negligent or fraudulent in the handling of your Card.)
If your statement shows transfers that you did not make, including those made by Card, PIN or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.
If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
-
In Case of Errors or Questions About Your Electronic Transfers. Call us at (855) 676-0678 or write us at Customer Care, P.O. Box 1070, West Chester, OH 45071 as soon as you can if you think your statement or receipt is wrong or if you need more information about an electronic transaction. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When notifying us, you will need to tell us: (i) your name and account number; (ii) why you believe there is an error and the dollar amount involved; and (iii) approximately when the error took place.
In addition, it would be helpful if you provided us with any supporting documentation related to the error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will provide a provisional credit to your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that 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 10 business days, we may not provide a provisional credit to your account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to provide a provisional credit to your account for the amount you think is in error.
We will tell you the results within three 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.
-
Lost or Stolen Card/PIN or Unauthorized Transaction. If you believe your Card or PIN has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, call us at (855) 676-0678 or write us at Customer Care, P.O. Box 1070, West Chester, OH 45071.
-
Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. There are some exceptions, however. We will not be liable, for instance, if: (i) through no fault of ours, your account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) the ATM where you are trying to make a withdrawal does not have enough cash; (iii) the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (iv) a merchant refuses to honor your Card; (v) you attempt to use a Card that has not been properly registered or activated; (vi) the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (vii) your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account privileges, or if we have reason to believe the transaction is not authorized by you; (viii) the transaction cannot be completed because your Card is damaged; or (ix) circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us. There may be other exceptions stated in this agreement.
-
How to Stop Preauthorized Transfers From Your Account. If you have told us in advance to make regular payments out of your account, you can stop any of these payments by writing to us at Customer Care, P.O. Box 1070, West Chester, OH 45071, or by calling us at (855) 676-0678.
We must receive your request at least three business days before the payment is scheduled to be made. (Note: If you fail to give us your request at least three business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing.) If you call, we may require you to put your request in writing and to provide us with a copy of your notice to the payee, revoking the payee's authority to originate debits to your account, within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to your account. For individual payments, your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer, and the identity of the payee. Unless you tell us that all future transfers to a specific recipient are to be stopped, we may treat your stop payment order as a request concerning the one transfer only. If you order us to stop one of these payments at least three business days before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
-
Varying Preauthorized Transfers. If you have arranged in advance to make regular payments out of your account and they may vary in amount, the person you are going to pay will tell you 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.
-
Account Information. You can obtain information regarding your Bank accounts that are tied to this service. Please note that balance information may not reflect recent transactions, and may include funds that are not available for immediate withdrawal. The balance information feature is not subject to the error resolution or liability sections set forth above.
-
Account Statements. You will have access to an account statement in the Mobile App as required by law. Your statement will be a combined statement that will reflect both your primary deposit account and your Vaults. You should carefully review your statements each statement period and let us know as soon as possible if there are any errors. If you do not, you may be responsible for unauthorized transactions as described in Section 9.b. above. We do not mail monthly paper statements.
If we provide you with a notice or statement, electronically or otherwise, you must promptly and carefully review it to determine if any errors or problems exist. You agree to notify us immediately of any error, discrepancy or unauthorized transaction you discover on any statement or notice. If you fail to do so, you may become responsible for the losses resulting from such failure.
-
Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Utah.
-
Amendments/Changes in Account Terms. We may add to, delete or change the terms of our agreement with you at any time by mailing, e-mailing or delivering a notice, a statement message or an amended agreement to you at the last address (location or e¬mail) on file for you, your account, or the service in question. Unless otherwise required by law, we may amend the agreement without prior notice (e.g., by posting the information in the Mobile App, or otherwise making it available to you).
We may substitute similar services or discontinue currently offered services for certain accounts by giving you prior notice. We do not have to notify you, however, of any changes that are beneficial to you (e.g., a reduction or waiver of any fees or the addition of services) or if the change is required for security reasons.
-
Information Given to Third Parties. We may disclose information to third parties about you, your account, and the transactions on your account: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of the account for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer the account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to identify, prevent, investigate or report possible suspicious or illegal activity; (vii) in order to issue authorizations for transactions on the account; (viii) to disclose the existence, history, and condition of your account to consumer reporting agencies; and (ix) as permitted by law. Please see our Privacy Policy for further details. We can also disclose information that is not personally identifiable for other purposes.
-
-
Mobile Deposit Service.
-
Our Service. Once you have received and activated your personalized card and if you are eligible according to the terms in this Section 10, we will make the mobile deposit service ("Mobile Deposit Service") available to you. You can use the Mobile Deposit Service to capture images of Eligible Checks (as defined below) and then transmit those images and other data to us electronically for deposit to your primary deposit account. As used in this agreement, the paper instrument to which the Check Image relates is called the "Original Check" and the check image and associated information transmitted electronically to us through the Mobile Deposit Service are called collectively the "Check Image." We may process and collect the Check Images you send us in any manner we choose in our sole discretion.
-
Eligibility and Enrollment. We may establish, and modify from time-to-time without prior notice to you, eligibility and enrollment requirements for participation in the Mobile Deposit Service. Eligibility and enrollment requirements can be found in the Mobile App under the FAQs after you have signed in to your account.
-
Ownership and License. You agree that the Bank retains all ownership and proprietary rights in the Mobile Deposit Service, associated content, technology, and website(s). You can use the Mobile Deposit Service through our Mobile App. Your use of the Mobile Deposit Service and license to use our Mobile App in connection with the Mobile Deposit Service are subject to the terms of our Mobile Application Terms of Use. You are responsible for providing and maintaining the equipment that is necessary for use of the Mobile Deposit Service. Any equipment or software you obtain from a third party is at your sole discretion and must conform to our Mobile Deposit Service specifications and requirements. We assume no responsibility for the defects or incompatibility of any telephones or other mobile communications devices, or other equipment that you use in connection with the Mobile Deposit Service, even if we have previously approved their use. We assume no responsibility for any errors, failures, or malfunctions of your mobile device, or for any virus or related problems that may occur in connection with your use of the Mobile Deposit Service.
-
Using the Mobile Deposit Service. You agree to: (i) implement any changes or upgrades to the Mobile Deposit Service that we may require; (ii) follow our Mobile Deposit Service instructions for capturing and transmitting Check Images to us; (iii) view each Check Image as it is scanned to ensure that the images (front and back) are being captured properly; and (iv) if requested, provide us with the Original Checks that are not destroyed and still within your possession (or sufficient copies of the Original Checks) within five business days of our request. A "sufficient copy" of an Original Check is a paper reproduction of an Original Check that accurately represents all of the information on the front and back of the Original Check as of the time the image was transmitted to us by means of the Mobile Deposit Service. You agree not to transfer, deposit, negotiate, or otherwise use any Original Check (or a copy of any Original Check) once you deposit a Check Image of it through the Mobile Deposit Service. By transmitting a Check Image to us, you agree to safeguard the Original Check from access by others. You may use the Mobile Deposit Service only for non-business, personal, family or household use in accordance with this agreement. By transmitting a Check Image to us through our Mobile App, you authorize us to contact you, including via email and the mobile telephone number that we have on file for your account, regarding any processing issue or collection effort with respect to such Check Image. If warranted, in our reasonable judgment, we reserve the right to monitor your use of the Mobile Deposit Service, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this agreement.
-
Endorsements and Procedures. You agree to: (i) ensure that all Eligible Checks transmitted through the Mobile Deposit Service are made payable to you; (ii) endorse the back of all Eligible Checks that you transmit to us through the Mobile Deposit Service with your signature and the words "For Mobile Deposit Only"; (iii) securely store the Original Check until you receive confirmation that your check funds have been posted to your primary deposit account; and (iv) securely and thoroughly destroy the Original Check after you receive confirmation that your check funds have been posted to your primary deposit account. You agree to follow all other instructions provided by us for capturing and transmitting Check Images via the Mobile Deposit Service. Check Images we receive that are not endorsed in accordance with this section may be rejected.
-
Limits. In addition to our rights and any limits set forth in Section 3.b., we may establish, and modify from time to time, limits on the dollar amount(s) and/or the number of checks you may deposit through the Mobile Deposit Service. We will make these limits available to you at the time you make your deposit in our Mobile App. If you attempt to make a deposit in excess of these limits, we may, at our sole discretion, reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to this agreement, and we will not be obligated to allow such a deposit at other times.
-
Eligible Checks. You agree that you will use the Mobile Deposit Service to make deposits to your primary deposit account only by transmitting to us Check Images of "Eligible Checks," which are checks drawn on U.S. financial institutions in U.S. dollars that are:
- payroll checks;
- insurance agency checks;
- cashier's checks;
- money orders;
- rebate checks;
- stock dividend checks;
- checks issued by a business to you;
- tax refund checks;
- federal, state and municipal government checks; and
- personal checks.
You also agree that Check Images of Eligible Checks that you transmit through the Mobile Deposit Service must also meet the following criteria:- the valid MICR number, check number, and name of the payer are all commercially imprinted on the Original Check;
- the check must be payable solely to you and your signature (endorsement) is legibly written in ink on the Original Check along with the words "For Mobile Deposit Only";
- the payer's U.S. street address and zip code are written on the Original Check;
- the check is submitted within 90 days of the check date;
- the image quality must meet the standards established by the American National Standards Institute, the Board of Governors of the Federal Reserve, and any other regulatory agency, clearing house, or association; and
- the check does not contain erasures and was not altered.
-
Certain Checks Not Permitted. You agree that we are not obligated to accept for deposit any Check Image we receive and that we, in our discretion, determine to be ineligible for deposit using the Mobile Deposit Service. For example, you may not use the Mobile Deposit Service to deposit:
- Checks payable to others (even if endorsed over to you) and checks payable to more than one person (even if you are one of the payees);
- Demand drafts or remotely created checks (i.e., checks lacking the signature of the person authorizing the check);
- Substitute checks as defined by federal law (i.e., paper reproduction of an original check);
- Checks that are irregular in any way (for example, where the numerical and written amounts are different);
- Checks that have previously been cashed or deposited (either in paper form or electronically) or submitted for collection and returned unpaid for any reason;
- Checks that are not dated, are postdated, or are more than 90 days old;
- Checks payable in a foreign currency;
- Checks payable to "Cash" or checks issued by you which are payable to you;
- Registered government warrants;
- Checks you know or suspect may be fraudulent, forged, altered, or not properly authorized;
- Checks that do not bear the original signature of the person on whose account the check is drawn;
- Checks that exceed the deposit limits that we establish for the Mobile Deposit Service; or
- Checks that are not Eligible Checks that satisfy the other criteria for acceptance as described in this agreement.
Our acceptance of any of the items described above will not obligate us to continue that practice, and we may stop doing so without cause or prior notice. Our failure to identify a Check Image you transmit as not being an Eligible Check will not preclude or limit your obligations to us under this agreement. We may refuse any check for deposit through the Mobile Deposit Service, with or without cause, or may elect to take a check on a collection basis only. If we accept a check on a collection basis, we will send it to the institution upon which it is drawn, but will not credit your primary deposit account for the amount until we receive the funds from the other institution. If we elect to credit your primary deposit account before then, we will charge the amount back against your primary deposit account if we do not receive payment for any reason. We may, at our sole discretion, but shall have no obligation to, represent any check that has been returned to us for insufficient funds without notice to you. -
Your Representations and Warranties. You represent and warrant the following with respect to each Check Image that you transmit through the Mobile Deposit Service:
- You have the legal right to accept the Original Check for deposit and negotiation to your primary deposit account, and the Check Image is of an Eligible Check.
- The Check Image that you transmit accurately represents all of the information on the front and back of the Original Check, including (without limitation) all endorsements, at the time of transmission.
- You have not taken any action that would obscure, alter, or impair the capture or transmission of information on the front or back of the Original Check or that otherwise may prevent us or another bank from capturing or processing such information.
- You make all warranties that would otherwise apply to the Original Check if it had been a paper item deposited with us. For example, you warrant that the Original Check has not been altered and that you have a right to enforce the Original Check.
- You make all encoding, transfer, presentment, and other warranties that we or any correspondent bank we use are deemed to provide to others (e.g., as a reconverting bank) under any law, regulation, operating circular, clearinghouse rule, or image exchange network rule or agreement to which we or they are a party.
- No Original Check will be presented for deposit or payment more than once. You have not previously cashed, deposited, or transferred the Original Check, any image of the Original Check, or any substitute check for the Original Check.
- The Original Check is not otherwise prohibited by this agreement.
- You will only use the Mobile Deposit Service for lawful purposes and in compliance with this agreement, the online instructions and applicable law.
- You will not submit files containing malicious code.
- No person will receive a transfer, presentment, or return of, or otherwise be charged for the Check Image, the Original Check, or a paper or electronic representation of the Original Check such that the person will be asked to make a payment based on an item that it has already paid.
- You will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble, or decompile the technology or Mobile Deposit Service, copy or reproduce all or any part of the technology or Mobile Deposit Service, or interfere, or attempt to interfere, with the technology or Mobile Deposit Service.
-
When You Can Use the Mobile Deposit Service. The Mobile Deposit Service can be utilized 24 hours a day, seven days a week, except when the system is unavailable due to needed maintenance or system outages. We are not responsible for the unavailability of the Mobile Deposit Service or any damages that may result from its unavailability.
-
Confirmations. We will provide you with an on-screen confirmation at the end of each transmission if the check was successfully submitted and stating the deposit amount and expected funding date. We will also provide a notification to you via e-mail and/or text message that states whether your check was accepted, declined, returned or requires additional review, and any related information. Any confirmation or notification you receive does not mean that the transmission was error-free or complete. If you do not receive a confirmation and/or notification, it may mean that we did not receive your transmission or that there was a problem with some of the information. Notwithstanding any confirmation or notification by us, we may reject the Check Image, with or without cause, and charge the amount credited back against any provisional credit to your primary deposit account. If the check funds have been posted to your primary deposit account, the amount will be shown in your account statements.
-
Returned Deposits. Any credit to your primary deposit account for checks deposited using the Mobile Deposit Service is provisional and subject to dishonor, rejection or return as described in this paragraph. If a check deposited through the Mobile Deposit Service is dishonored, rejected, or otherwise returned unpaid by the drawee bank, or is rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that we may deduct the amount of the Original Check from your primary account and we will send you notification of the return to your email address on file. You will reimburse us for all loss, cost, damage, or expense caused by or relating to the processing of the returned item. In addition to the amount of the Original Check that has been rejected or returned, we also may debit your primary account to obtain payment for any adjustment related to such item, or for any warranty claim related to such item, whether or not the rejection, return, adjustment, or warranty claim was made timely. If the maker of a check or another third party makes a claim against us or seeks a re-credit with respect to any check processed through the Mobile Deposit Service, we may provisionally freeze or hold aside a like amount in your account pending our investigation and resolution of the claim.
-
Use of Your Geolocation. When you are submitting an image for processing through the Mobile Deposit Service, we reserve the right to, at our discretion, and you agree that we may, use your mobile device's capabilities to obtain your geolocation for fraud prevention services. We may choose to capture either your current location or the last location stored on your mobile device.
-
Fees. Currently, we do not impose any fees for the Mobile Deposit Service. We reserve the right to impose fees for the Mobile Deposit Service in the future, and we will notify you of any such fees, as required by law. Your use of the Mobile Deposit Service after the effective date of any fee changes will constitute your agreement to such fee changes. You are solely responsible for the cost of any telephone service charges, network connection fees, data charges, communication lines, and other charges payable to third parties.
-
Indemnification. You will indemnify, defend, and hold us, our vendors and our licensors, harmless against any and all actions, proceedings, liabilities, losses, costs (including attorneys' fees), penalties, fines, and claims, including (without limitation) warranty claims, that result from or arise in connection with: (i) our processing of Check Images in accordance with this agreement; (ii) actions by third parties, such as the introduction of a virus, that delay, alter, or corrupt the transmission of Check Images or information to us; or (iii) any claim by a recipient of a substitute check (corresponding to a check processed through the Mobile Deposit Service) that the recipient incurred a loss due to: (1) the receipt of a substitute check instead of the Original Check, or (2) multiple payments with respect to the same Original Check, based on any combination of the Original Check, the substitute check, and/or any paper or electronic copy of either.
-
Errors. You agree to notify us immediately of any suspected errors regarding items deposited through the Mobile Deposit Service, and in no event later than 60 days after the applicable account statement is sent or otherwise made available to you. Unless you notify us within 60 days, such account statement regarding all deposits made through the Mobile Deposit Service will be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.
-
Notices. You agree to notify us immediately if you discover: (i) any error or discrepancy between your records and the information we provide to you about your account or transactions; (ii) unauthorized transactions involving your account; (iii) a breach in the confidentiality of your Password; or (iv) other problems related to the Mobile Deposit Service. We may provide notices to you at the mailing address or email address we have on file for you, electronically via the Mobile Deposit Service, or via SMS text, except as otherwise provided by applicable law. To change your email address or mobile phone number on file, log in to your account or contact us for assistance.
-
Change in Terms and Suspension and Termination Obligations. We may add to, delete, or change the terms and conditions for the Mobile Deposit Service at any time, with such notice as may be required by law. We may provide you notice as provided for in this agreement or by posting such addition, deletion, or change on https://secure.amazonflex.greendot.com/account/legals/daa.html or within our Mobile App. Any suspension and termination of the Mobile Deposit Service will not affect obligations arising prior to termination, such as the obligation to process Check Images transmitted to us prior to the termination date or your obligation to indemnify us.
-
-
Vaults.
-
General. You may establish up to five separate Vaults as long as your primary deposit account is open with a positive balance and is in good standing. For purposes of this section, your primary deposit account is in "good standing" if it is not blocked or suspended for fraud or any other reason. There is no requirement to maintain a balance in a Vault. Additionally, there are no fees associated with the creation or maintenance of a Vault. You may close a Vault at any time, but you must first transfer any money in the Vault to your primary deposit account before doing so. Access to a Vault is only available through our Mobile App.
-
Transfers; Transfer Limitations. Money can be transferred i) between Vaults, and ii) between a Vault and your primary deposit account. When you want to access money in a Vault, you must first transfer the money to your primary deposit account. You cannot otherwise spend, withdraw, or access money in a Vault. If you instruct us to transfer money from your primary deposit account to a Vault, that money will be unavailable for you to otherwise spend, withdraw, transfer or access from your primary deposit account. For security reasons, we may impose limits on the number of transfers allowed in our sole discretion. Notwithstanding anything to the contrary in this agreement, for all funds in a Vault, we reserve the right at any time to require at least seven days' written notice of an intended transfer to your primary deposit account. As described in Section 14.u. titled “Negative Balances” and Section 14.w. titled “ Security Interest & Setoff”, if you have a negative balance in your primary deposit account as a result of account fees, overdrafts, or any other reason, and you transfer money from a Vault to your primary deposit account, we will first apply the money you transfer from the Vault to the negative balance in your primary deposit account. Transfers can only be conducted through the Mobile App; we do not accept transfer instructions over the phone or by any other means.
-
-
[Reserved.]
-
Bank Transfer Service.
-
General. You can use our bank transfer service to transfer money from your Amazon Flex Visa Debit account to another bank account at a U.S. financial institution. We refer to these types of transfers as "Outbound Transfers." You can also use our bank transfer service to transfer money from another bank account at a U.S. financial institution to your Amazon Flex Visa Debit account. We refer to these types of transfers as "Inbound Transfers". Inbound Transfers and Outbound Transfers shall collectively be referred to as the "Bank Transfer Service". Although we may use any means to execute the Bank Transfer Service, we normally use ACH to transfer funds.
-
Account Verification. We will verify your ownership of accounts at another institution by (i) accessing your account information at the other institution and/or (ii) asking you to provide proof of ownership. If we verify your ownership of an account by asking you to provide us with information (e.g., your username and password), you agree that you are providing that information to us and to our vendor directly so that they and we can access information about your other account online.
You authorize us to act as your agent and attorney-in-fact for the limited purpose of gathering information about your accounts at other financial institutions, communicating with others regarding your instructions, and processing your transfers.
You represent to us that: (i) the financial institutions you designate have expressly agreed to (or do not prohibit) those actions by us; (ii) you have the authority to grant us the right to conduct those activities; (iii) you are authorized to conduct transfers to and from the accounts you designate for the Bank Transfer Service; (iv) the information you provide to us regarding your accounts at other institutions is accurate and complete; (v) you are an owner and authorized signer on such accounts, and the account is titled in your name; and (vi) no other person’s authorization is required for us to process your requested transfers.
Other institutions that you choose to transfer money from may contact us to verify information about an account or transaction. You agree that we may provide any information needed to verify your instructions or otherwise process a transfer.
Not all types of accounts are eligible for the Bank Transfer Service. Be sure to check with us and other financial institutions for restrictions regarding transfers among your accounts (e.g., 401k, IRA, savings and money market accounts). We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your account or those imposed by applicable law.
-
Minimum and Maximum Transfer Amounts. The minimum amount of any single Inbound Transfer or Outbound Transfer is $1. The maximum amount of any single Outbound Transfer $3,000, up to $20,000 in the aggregate over a rolling 7-day period. The maximum amount of your first Inbound Transfer is $100. Thereafter, the maximum amount of any single Inbound Transfer is $1,000. You may perform up to $1,000 in Inbound Transfers, in the aggregate, in any rolling 24-hour period, and up to $3,000 in Inbound Transfers, in the aggregate, in any rolling 30-day period. After you have initiated your first Inbound Transfer only, you may not authorize another Inbound Transfer until five business days after the date you previously authorized the first Inbound Transfer. The limits applicable to the Bank Transfer Service are subject to change. You may be eligible for less restrictive limits; if you are, we may disclose such limits at the time you use the Bank Transfer Service. We may add new limits, make existing limits more restrictive, or cancel your transfers without prior notice, as described below in "Suspension and Reinstatement of Bank Transfer Service". We will notify you of changes to the limits for the Bank Transfer Service as required by applicable law.
-
Outbound Transfers. You may transfer funds from your Amazon Flex Visa Debit account to a bank account that you maintain with another U.S. financial institution. You agree that you will have sufficient available funds in your Amazon Flex Visa Debit account to cover any Outbound Transfers that you set up. If you do not, we may not initiate the transfer. If we do initiate the transfer, and there are not sufficient available funds in your Amazon Flex Debit account, it will cause an overdraft in your account. If this happens, you are responsible for the overdraft amount. We will remove the funds from your Amazon Flex Visa Debit account when you set up the transfer. It then takes up to 4 business days before the funds are deposited to your other designated account.
The cutoff time for submitting transfer instructions is 9:30 p.m. (Pacific Time). Instructions received after the cutoff hour or on a non-business day may be processed by us on the next business day. Transactions scheduled to be processed on a weekend or bank holiday will be processed on the next business day.
The financial institution that holds your bank account may take additional time to deposit the funds from an Outbound Transfer in your bank account.
-
Inbound Transfers. You may transfer funds from a bank account that you maintain with another U.S. financial institution to your Amazon Flex Visa Debit account. When you initiate a transfer from the other bank account, you authorize us to withdraw the funds from your other account. You agree that you will have sufficient funds in your other bank account to cover all Inbound Transfers, including fees, that you initiate. It then takes up to 4 business days before the funds are deposited in your Amazon Flex Visa Debit account.
The cutoff time for submitting Inbound Transfer instructions is 9:30 p.m. (Pacific Time). Instructions received after the cutoff hour or on a non-business day may be processed by us on the next business day. Transactions scheduled to be processed on a non-business day or bank holiday will be processed on the next business day.
-
Declined, Reversed and Delayed Transactions. We may decline to complete a transfer if: (i) we believe it may involve or result in a violation of law or expose us to liability or risk of loss; (ii) we are unable to authenticate either your Amazon Flex Visa Debit Card or your other bank account; (iii) there are insufficient available funds for the transfer; (iv) the transfer instruction is unclear, ambiguous or incomplete; (v) we identify a security risk involving the transaction; or (vi) as otherwise stated in these terms. If we have begun a transfer, and it is rejected for any reason, we will notify you and attempt to return the funds to the other bank account or your Amazon Flex Visa Debit account, as applicable.
In addition to the limits disclosed above, all bank transfers may be reviewed by us for fraud and security reasons. We are not responsible for any losses or damages that may result from our delay or cancellation of a transfer, or for any failure to notify you of such delay or cancellation, except as otherwise specifically described in this agreement. You authorize us to return funds to the other bank account if we are advised by the financial institution or the company processing the transfer that the transfer was not properly authorized, was made to your Amazon Flex Visa Debit account in error, or that there were insufficient available funds in the other account for the transaction. We cannot guarantee the timely delivery or return of funds as a result of a failure of another financial institution to act in a timely manner.
-
Suspension and Reinstatement of Bank Transfer Service. In the event that we at any time incur a problem with your use of the Bank Transfer Service, including, without limitation, (i) the inability to debit any of your account(s) or to collect with respect to any of your bank transfers as described above, (ii) the inability to verify your identity or authority to use the Bank Transfer Service to our satisfaction, (iii) if your Amazon Flex Visa Debit account is not in good standing, or (iv) we believe that your use of the Bank Transfer Service could expose us to increased risk, and without limiting any other right or remedy that we may have under this agreement or otherwise, we reserve the right to suspend or terminate your right to use the Bank Transfer Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect us from loss. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Bank Transfer Service.
-
-
Additional Terms & Conditions
-
Adjustments. We may make adjustments to your account whenever a correction or change is required. Adjustments might occur, for example, if deposits are recorded or keyed in the wrong amount or items you deposit are returned unpaid.
-
Account Contact Information Changes. You agree to notify us through the Mobile App immediately of any change in your name, address, email address, phone number or other contact information associated with your account. We may rely on our account records to determine the ownership of your account.
-
Security Procedures. You are responsible for protecting your account number and any access device to your account, including your Debit Card and PIN and any mobile or online login credentials that enable you to access your account (collectively, “Account Credentials”). You agree to: (i) review and comply with the instructions we provide for accessing the account; (ii) take reasonable steps to safeguard the confidentiality and security of your Account Credentials; (iii) refrain from disclosing your Account Credentials to others; (iv) notify us immediately if you have any reason to believe the security or confidentiality of your Account Credentials has been or may be breached; and (v) immediately change any PINs, log ins or other access codes or passwords used to access your account if you know or suspect that the confidentiality of those Account Credentials has been compromised in any way. Our security procedures are designed to verify your identity. They are not designed to detect errors by you. We may elect, at our discretion, to verify the authenticity or content of any transmission by contacting you. We may deny access to the account without prior notice if we are unable to confirm to our satisfaction any person’s authority to access the account or if we believe such action is necessary for security reasons. You agree to be responsible for any transmission or transaction we receive, even if it is not authorized by you, provided it includes your Account Credentials or is otherwise processed by us in accordance with our security procedures. You agree that our security procedures are commercially reasonable (based on the normal size, type, and frequency of your transactions).
-
Compliance. You agree not to violate the laws of the United States, including without limitation, the economic sanctions administered by the U.S. Treasury's Office of Foreign Assets Control. You may not use your account or any account-related service to process Internet gambling transactions or conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.
-
Conflicting Demands/Disputes. If there is any uncertainty regarding the ownership of an account or its funds, there are conflicting demands over its ownership or control, we are unable to determine any person's authority to give us instructions, we are requested by Adult Protective Services or any similar state or local agency to freeze the account or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or we believe a transaction may be fraudulent or may violate any law, we may, at our sole discretion: (1) freeze the account and refuse transactions until we receive written proof (in form and substance satisfactory to us) of each person's right and authority over the account and its funds; (2) refuse transactions; (3) require the signatures of all authorized signers for the withdrawal of funds, the closing of an account, or any change in the account regardless of the number of authorized signers on the account; (4) request instructions from a court of competent jurisdiction at your expense regarding the account or transaction; and/or (5) continue to honor transactions and other instructions given to us by persons who appear as authorized signers according to our records. The existence of the rights set forth above shall not impose an obligation on us to assert such rights or to deny a transaction.
-
Consent For Us to Contact You. Except to the extent prohibited by applicable law, you agree that we or our agents may contact you at any telephone number you provide to us, including your mobile phone number. You agree to receive these calls and messages, such as a text message or prerecorded or autodialed calls. You understand that your service provider may charge you for these calls and messages.
-
Consent to Gather Information. You authorize us to obtain information from time to time regarding your credit history from credit reporting agencies and other third parties. You authorize us to obtain address information from the California Department of Motor Vehicles or any other government agency. As such, you waive your rights under California Vehicle Code §1808.21 (or equivalent). You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, to us and our service providers solely to verify your identity and prevent fraud. See our Privacy Policy for how we treat your data.
-
Cutoff Hours. Except as expressly provided in this agreement, instructions received by us on a weekend, holiday or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.
-
Death or Adjudication of Incompetence. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if you die or are adjudicated incompetent.
If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an accountholder, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person's right to the funds.
-
Deposit Insurance. Your account with us is insured up to the regulatory limits prescribed by the Federal Deposit Insurance Corporation (FDIC). For further information regarding insurance of accounts, you may write to the FDIC at 550 17th Street, N.W., Washington, D.C. 20429, telephone the FDIC's toll-free consumer hotline at 877-275-3342, or visit its website at https://www www.fdic.gov.
-
Electronic Presentment/Posting. We may charge your account on the day that a transaction is presented (or returned) to us directly or electronically for payment. We may charge your account or place a hold on funds at an earlier time if we receive notice that an item deposited to your account is being returned, or if we receive notice that your electronic payment (e.g., at a point-of-sale) is being processed for collection.
-
Fax Instructions/Voice Mail/E-mail. We may, but are not required to, act upon instructions received by fax transmission, voice mail or e-mail. We may not review your message until the business day after its receipt. As such, it may not be appropriate to use these methods of communication if you need to reach us with time-sensitive information. For security reasons, you should not send us e-mails with your personal or account information.
-
Force Majeure. We shall not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, pandemics, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.
-
Governing Law. To the extent this agreement is subject to the laws of any state, it will be subject to the law of the State of Utah, without regard to its conflict of law provisions.
-
Inactive Accounts. For security reasons, we may refuse a withdrawal or transfer from accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction's authorization. We may transfer (escheat) your property to the appropriate state if no activity occurs in the account or you fail to communicate with us regarding your account within the time period specified by state law. We may consider an account inactive even if you maintain another active account with us. We may impose a fee for sending a dormant account notice to you prior to transferring the funds to the state. If funds are transferred to the state, you may file a claim with the state to recover the funds.
-
Legal Process. We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process which we believe (correctly or otherwise) to be valid. We may notify you of such process by telephone, electronically or in writing. If we are not fully reimbursed for our record research, photocopying and handling costs by the party that served the process, we may charge such costs to your account. You agree to reimburse us for any cost or expense, including attorney fees, which we incur in responding to legal process related to your accounts. You agree that we may honor legal process that is served personally, by mail, email or facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your account or records are maintained.
-
Disclaimer. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT, OR OF MERCHANTABILITY, WITH RESPECT TO ANY SERVICES OFFERED IN CONNECTION WITH THIS ACCOUNT. YOU WAIVE AND RELEASE US FROM ANY WARRANTY ARISING FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY SERVICE OFFERED IN CONNECTION WITH THIS ACCOUNT WILL BE ERROR-FREE OR UNINTERRUPTED. YOU AGREE THAT YOUR USE OF ANY SERVICE OFFERED IN CONNECTION WITH THIS ACCOUNT IS AT YOUR OWN RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
-
Limitation of Liability. YOU AGREE THAT WE WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE ACCOUNT OR ANY SERVICE OFFERED IN CONNECTION WITH THIS ACCOUNT, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
-
Limitation on Time to Bring Action. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this agreement or by law with respect to your account or any account service must be commenced no later than one year after the day the cause of action accrues. You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the account or any service offered in connection with the account.
-
Other Agreements. You may have another agreement with us that, by its terms, supersedes this agreement in whole or in part.
-
Negative Balances. If you do not have enough money in your primary deposit account to cover the amount of a check or other transaction, we may reject the transaction without payment. We may elect, however, in our sole discretion to create a negative balance in your primary deposit account by permitting the transaction. If we permit a negative balance or otherwise allow your primary deposit account balance to drop below zero, you agree to pay the amount of the overdraft promptly, without notice or demand from us. You agree that we may use subsequent deposits, money in your Vaults, and other credits to the account, including without limitation, deposits of government, welfare, retirement and Social Security benefits, to cover any negative balance existing in your primary deposit account, to the fullest extent permitted by law.
Our payment of or allowance of transactions that create negative balances in no way obligates us to continue that practice at a later time. We may discontinue permitting negative balances without cause or notice to you. We discourage the practice of overdrawing accounts.
-
Power-of-Attorney. You may appoint an attorney-in-fact for an account and or you may revoke a power of attorney. You should notify us in advance if you plan to create a power of attorney involving your account. We generally will accept a Uniform Statutory Form Power of Attorney that complies with state law. We may refuse to accept other forms of powers of attorney, however, with or without cause.
We may act on the instructions of an attorney-in-fact whether or not the attorney-in-fact relationship is noted in the instruction (e.g., on any check signed by the attorney-in-fact). You can revoke your power of attorney by sending a written notice to us. We assume no duty to monitor the actions of your attorney-in-fact to ensure that he or she acts for your benefit.
-
Security Interest & Setoff.You grant us a security interest in your account, including all current and future deposits, for amounts owing to us now and/or in the future under this agreement or under any other agreement you have with us. We may charge or set off funds in your account, including funds in your Vaults, for any direct, indirect and/or acquired obligations that you owe us now and/or in the future, regardless of the source of the funds in the account, to the fullest extent permitted by law. If you have a negative balance in your primary deposit account, we will automatically deduct the negative balance amount from any current or future funds on this or any other account you register or maintain (including any other Green Dot Bank accounts or prepaid cards).
-
Indemnification. You agree to indemnify, defend, and hold harmless Bank, Green Dot Corporation, and their respective officers, directors, employees, agents, affiliates, successors, and assigns (“Indemnified Parties”), from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to (i) your use or misuse of the services provided in this agreement, including violation of any law, rule, or regulation, (ii) your breach of any of your representations, warranties or covenants made in this agreement, and (iii) and any action the Indemnified Parties may take pursuant to your instructions in utilizing the services. You will cooperate as fully and reasonably as required by the Indemnified Parties in the defense of any claim. Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Indemnified Parties.
-
Severability. If any of the provisions of this agreement are determined to be void or invalid, the remainder of the agreement shall remain in full force and effect.
-
Telephone and Electronic Communication Monitoring/Recording. We may monitor telephone conversations and electronic communications for quality and control purposes without prior notice to you. We usually do not record conversations without notice to you.
aa.Termination/Closing Your Account. We may automatically close your account if the account balance is zero or lower. We may terminate your account relationship with us at any time, with or without cause, with or without notice. If the funds are not withdrawn, we may send a check for the account balance to you at the last address we have on file for the account or return the account balance to you via any other method we select in our discretion.The Bank reserves the right to refuse to return any unused balance amount less than $1.00.We may dishonor any item or transaction presented for payment after an account is closed. You remain responsible for such items and transactions, which may be treated as overdrafts.
bb.Transfers/Assignments. Unless otherwise agreed by us in writing, your account is non-transferable and non-negotiable. You may not grant, transfer or assign any of your rights to your account without our prior written consent. We are not required to accept or recognize an attempted assignment of your account or any interest in it, including a notice of security interest.cc.Unauthorized Transactions and Errors. If you discover an error, forgery, alteration or other unauthorized activity involving your account, you must notify us immediately by telephone and promptly in writing of the relevant facts, including a description of the transaction or error and the identity of any suspected perpetrator. You agree to maintain a current check register and to carefully and promptly review all statements and notices we send or make available to you. Your statements will be deemed to provide sufficient information about your checks and other transactions for you to determine whether there was an error or unauthorized transaction if the statements provide you with the check or transaction number, the amount, and the date of payment.You are in the best position to discover and report any errors or unauthorized transactions involving your account. If you fail to notify us within a reasonable time (not exceeding 14 days after your statement date) of an unauthorized signature, alteration, forgery, counterfeit check or other unauthorized transaction involving any of your accounts, we will not be responsible for subsequent unauthorized transactions by the same wrongdoer.
Without regard to care or lack of care of either you or us, if you do not discover and report an error or an unauthorized signature, alteration, forgery, counterfeit check, or other unauthorized debit to your account within 60 days after the date of your statement or the date the information about the item or transaction is made available to you, whichever is earlier, you are precluded from asserting the error or unauthorized transaction against us. (Note: Different notification and liability rules apply to certain electronic fund transfers. See the "Electronic Fund Transfers; Other Rights & Terms" section.)
If you claim a credit or refund because of an error or unauthorized transaction, you agree to provide us with a declaration containing whatever reasonable information we require regarding your account, the transaction, and the circumstances surrounding the claimed loss. We must receive your declaration within 10 days of our request. If applicable, you also agree to make a report to the police and to provide us with a copy of the report, upon request. We will have a reasonable period of time to investigate the circumstances surrounding any claimed loss. During our investigation, we will have no obligation to provisionally credit your account, unless otherwise required by law (e.g., in connection with certain consumer electronic fund transfer services).
Our maximum liability will never exceed the amount of actual damages proven by you. Our liability will be reduced: (a) by the amount of the loss that is caused by your own negligence or lack of care; (b) to the extent that damages could not have been avoided by our exercise of ordinary care; and (c) by any loss recovery that you obtain from third parties (apportioned in accordance with this provision). We will not be liable for any loss that is caused in part by your negligence if we acted with ordinary care. Unless otherwise required by law, we will not be liable for incidental, special or consequential damages, including loss of profits and/or opportunity, or for attorney's fees incurred by you, even if we were aware of the possibility of such damages.
Unless otherwise expressly agreed in writing, our relationship with you will be that of debtor and creditor. That is, we owe you the amount of your deposit. No fiduciary, quasi fiduciary or other special relationship exists between you and us. We owe you a duty of ordinary care. Any internal policies or procedures that we may maintain in excess of reasonable commercial standards and general banking usage are solely for our own benefit and shall not impose a higher standard of care than otherwise would apply in their absence. There are no third party beneficiaries to this agreement.
(Note: Different notice and liability rules apply to certain electronic fund transfers. See the "Electronic Fund Transfers; Other Rights & Terms" section.)
dd.Waivers. We may delay enforcing our rights under this agreement without losing them. Any waiver by us shall not be deemed a waiver of other rights or of the same right at another time. You waive diligence, demand, presentment, protest and notice of every kind, except as set forth in this agreement.ee.Termination or Suspension of Service. We may suspend or terminate your access to or use of any or all of our services at any time without cause in our sole discretion. We may immediately suspend your use of our services if you breach this or any other agreement with us or we have reason to believe there has been or may be an unauthorized use of your account. -
-
Dispute Resolution
-
Acknowledgment of Arbitration. Your account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration clause. By opening your account, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this agreement.
-
ARBITRATION NOTICE
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.
Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) the Card or account; (ii) any service relating to the Card or account; (iii) the marketing of the Card or account; (iv) this agreement, including the validity, enforceability, interpretation, scope, or application of the agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or account or any related service ("Claim") shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank's agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association ("AAA") shall serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at https://www.adr.org or by writing to American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
Other Claims Subject to Arbitration. In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot Corporation or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.
Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. This arbitration provision also does not limit or constrain the Bank's right to interplead funds in the event of claims to account funds by several parties.
Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. However, co-applicants, second cardholders and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person.
Arbitration Fees. If you initiate arbitration, the Bank will advance any arbitration fees, including any required deposit. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit. The Bank will also be responsible for payment and/or reimbursement of any arbitration fees to the extent that such fees exceed the amount of the filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction over the Claims.
Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years experience or who is a former or retired judge. The arbitration shall follow the rules and procedures of the arbitration administrator in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the arbitration administrator and this arbitration provision, in which case this arbitration provision shall govern. Any in-person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA") and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator's aware. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA.
Appendix A
Online and Mobile Banking Agreement
-
Introduction. This Online and Mobile Banking Agreement ("Agreement") sets forth the terms and conditions that apply to your access and use of the Amazon Flex Visa Debit Card online and mobile banking services ("Service") provided by Green Dot Bank, Member FDIC. In this Agreement, "you" refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms "we", "us" and "Green Dot" refer to Green Dot Bank, Member FDIC. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Deposit Account Agreement with us. Your use of the Service will be deemed further evidence of your agreement to these terms. The Service is made available to you via the mobile application ("Mobile App"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE VIA THE WEBSITE OR MOBILE APP. DO NOT USE THE SERVICE VIA THE WEBSITE OR MOBILE APP IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. By accessing or using the Service, you represent that you have read and agree to be bound by this Agreement in its entirety and all applicable laws, rules and regulations governing your use of the Website or the Mobile App. This Agreement may be amended by posting a new version to the Website and the Mobile App, which version will be effective upon posting.
-
Our Service. The Service may allow you to access a variety of features through the Website or Mobile App from time to time, and subject to your eligibility to use such features.
-
Your Equipment. To use the Service, you must have the browser and equipment described in the Electronic Communications Agreement, which may be found in the Mobile App. You are responsible for the selection, installation, maintenance, and operation of your computer, mobile devices and software. We are not responsible for any errors, failures, or malfunctions of your computer, mobile phone or software, or for any computer virus or related problems that may occur with your use of this Service. You are responsible for ensuring that your computer and/or mobile phone and software are compatible with our Mobile App and other system requirements. We reserve the right to change our system requirements from time to time. We reserve the right to support only certain types of mobile phones and mobile operating systems. Note: Some browser software may store user names, passwords and/or security codes to facilitate the future use of a website. For security reasons, you should disable this feature in your browser. Check your browser's "Help" screen for more information on this feature.
-
Website Terms of Use and Mobile App Terms of Use. The Mobile App Terms of Use ("Mobile App Agreement") applies to your access and use of the Mobile App. Green Dot has the right to terminate or suspend your access to or use of the Mobile App, with or without notice, in the event that you violate the Mobile App Agreement. In case of any discrepancy between this Agreement and the Mobile App Agreement, the terms of this Agreement will prevail.
Proprietary Rights; Use of Content. The Website and Mobile App are owned and operated by Green Dot or its affiliates, licensors and/or third party service providers (the "Green Dot Parties") and unless otherwise indicated, all designs, text, images, videos, graphics, software and other content and materials appearing on the Website or Mobile App (collectively, "Content") are the property of Green Dot or the Green Dot Parties, and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing on the Website or Mobile App are the property of Green Dot or the Green Dot Parties. You may not make any use of any Content or Marks without the prior written consent of Green Dot. No Content from the Website or Mobile App may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
Your Conduct. In using or accessing the Service you agree: (1) not to use the Service for fraudulent purposes; (2) not to "spam" others or "phish" for others' personal information; (3) not to create or use a false identity; (4) not to disrupt or interfere with the security of, "deeplink", attempt to obtain unauthorized access to or otherwise abuse, the Service or affiliated or linked websites; (5) not to disrupt or interfere with any other user's enjoyment of the Service; (6) not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including Content); (7) not to use meta tags or any other "hidden text" utilizing a Mark; and (8) not to use the Service in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation.
Third Party Websites and Services. The Website and Mobile App may contain links to third party websites and services, over which Green Dot has no control. You acknowledge and agree that Green Dot does not endorse, verify, or make any representations regarding these third party websites and services and is not responsible for the availability of, and any liability arising from, any such third party websites and services. Green Dot is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third party websites and services.
Termination; Modification. Green Dot reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason. Green Dot may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that Green Dot shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
-
Disclaimer. GREEN DOT MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SERVICE, THE WEBSITE, THE MOBILE APP, OR ANY, CONTENT OR ONLINE OR MOBILE SERVICES PROVIDED THEREIN ("GREEN DOT MATERIALS"), ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"BASIS. GREEN DOT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE GO BANK MATERIALS, AND ANY THIRD PARTY WEBSITE OR SERVICE. GREEN DOT DOES NOT WARRANT THAT THE GREEN DOT MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GREEN DOTMATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THE GREEN DOT MATERIALS, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GREEN DOT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE GREEN DOT MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Green Dot will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, pandemics, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Green Dot's reasonable control.
-
Limitation of Liability. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
-
Hours of Operation. You can access automated account information through the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.
-
Privacy. Please see our Privacy Policy and Technology Privacy Statement for information about how we collect, use and disclose your information. These documents can be found in the Mobile App under "Account → About."
-
Discrepancies. We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.
If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.
-
Limitation on Time to Sue. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.
-
Termination. We may terminate or suspend your access to all or part of the Service at any time, with or without cause. Any indemnification required by this Agreement shall survive its termination.
Appendix B
Cash Back Program Terms & Conditions
This appendix (the "Appendix B") sets forth the terms and conditions of the Amazon Flex Visa Debit Card cash back rewards program (the "Cash Back Rewards Program"). In the event of any inconsistency between this Appendix B and any provision of your Deposit Account Agreement, this Appendix B controls with respect to the Cash Back Rewards Program, but only to the extent necessary to resolve the inconsistency.
Earning Cash Back. When you apply for and are approved for your account, you are automatically enrolled in the Cash Back Rewards Program and, if you are in an Amazon Flex Rewards Program Level that earns cash back rewards, you are immediately eligible to earn a cash back bonus ("Cash Back") based on point-of-sale spend in specified categories through the use of your Debit Card. Your enrollment date is the date that you successfully register and open your account. You will be eligible to earn a Cash Back bonus based on your Amazon Flex Rewards Program Level in the percentage listed on the rewards chart below on the total net qualifying purchases made using your Debit Card or your Debit Card number (less adjustments, including for purchases that are returned or cancelled), rounded to the nearest cent. The maximum amount of Cash Back that you can earn for purchases in all categories and participating merchants combined is $500 per calendar month. This amount may change in our sole discretion and at any time. We may choose to offer additional categories eligible for Cash Back bonuses in the future, and such categories (and applicable rewards earning rates) will be posted at https://flex.amazon.com/amazonflexrewards/terms. Your account must be in good standing in order to earn and receive Cash Back. The Cash Back Rewards Program is separate from the Amazon Flex Rewards Program. Terms governing your participation in the Amazon Flex Rewards Program, including how your Rewards Level is determined and how to maintain that Rewards Level, are located at https://flex.amazon.com/amazonflexrewards/terms. Per the terms located there, your Rewards Level may change on a quarterly basis. Participating cash back rewards categories, the rate of Cash Back earning, and any applicable limits can be found at https://flex.amazon.com/amazonflexrewards/terms. The terms of the Cash Back Rewards Program, including the category or amount of any additional Cash Back, the conditions of participation, the qualification and eligibility criteria, and any additional associated rewards, are subject to change and may be modified, reduced, or terminated, at any time, with or without notice.
Only the use of your Debit Card number to purchase goods or services in the categories that earn Cash Back is a qualifying purchase to earn Cash Back. The following purchases/transactions shall not be considered qualifying purchases for purposes of earning Cash Back:
- ATM transactions, cash withdrawals, quasi-cash transactions (i.e. purchase of items that convert to or substitute for cash, such as digital wallets, person-to-person transactions, casino chips or transactions at online gaming sites, travelers checks, lottery tickets, etc.),
- the use of your Debit Card to purchase gift cards (except for Amazon.com gift cards purchased at Amazon.com) or for funding another card or account, bill payments, either using your Debit Card or using our online bill pay service, transferring funds from your Debit Card or account to another bank account or credit card account, and
- transactions conducted through your Green Dot online account or its mobile application (such as use of our bank transfer service).
Merchants that accept debit cards are assigned a Merchant Category Code ("MCC") based on the kinds of products and services they sell. We do not determine which MCC a merchant chooses to classify itself, and we have no way of changing the identifying information we receive from a merchant when you make a purchase. As a result, some purchases for the categories above may appear to us as non-qualifying purchases. When this occurs, you will not receive a Cash Back bonus for such transactions.
Cash Back is normally credited to your primary deposit account promptly after your qualifying purchase transaction settles, but could take up to thirty (30) days.
How Returns, Reversals, Cancellations or Disputes Impact Cash Back. Returns, reversals, cancellations or disputes involving a qualifying purchase, or a purchase that is authorized but does not post to your primary deposit account, will result in your Cash Back, or an amount of your account equal thereto, being reversed, debited or cancelled (in whole or part) to reflect that portion of the qualifying purchase which has been returned, reversed, cancelled or disputed. We reserve the right, in our sole discretion, to debit a negative Cash Back balance amount from your primary deposit account if that amount has already been credited to your primary deposit account.
Deposit of Cash Back. You will be eligible to use any Cash Back as soon as the Cash Back has been made available to you in your primary deposit account. In order for the Cash Back to be deposited into your primary deposit account, your account (i) must be eligible to earn Cash Back (as described herein); (ii) cannot be closed or blocked or in a status that does not permit you to deposit additional money; and/or (iii) must not have a zero or negative balance, all at the time of receipt of Cash Back earnings. Your Cash Back bonus from each transaction will be applied as a credit to your primary deposit account balance.
Suspension/Termination of Your Participation in the Cash Back Program. You will not earn Cash Back if your Rewards Level drops to a level that is not eligible to earn Cash Back. You will not earn Cash Back if you are no longer an Amazon Flex Driver Partner. We reserve the right to suspend or prohibit your ability to earn or use the Cash Back bonus balance referenced above in the event you (i) violate any of the Cash Back Rewards Program terms and conditions; (ii) act in a manner inconsistent with applicable laws; (iii) engage in any misconduct or wrongdoing in connection with your account, Debit Card or the Cash Back Rewards Program feature(s); (iv) structure purchases or conduct transactions with your Debit Card to manufacture spend; or (v) engage in any fraudulent or inappropriate acts. If Amazon advises us that you are no longer eligible to participate in the Amazon Flex Rewards Program, then your participation in the Cash Back Rewards Program may be terminated by us without notice to you. Any such termination of your participation in the Cash Back Rewards Program does not by itself terminate your account or use of the Debit Card. Any Cash Back earned and/or accrued in violation of this Agreement may be revoked by us in our sole discretion. Your ability to earn or use Cash Back will be terminated if either you or we place your account in a status that does not permit you to deposit additional money. We may terminate, suspend or modify the Cash Back Rewards Program at any time.
Rev. Nov. 2022