Terms and Conditions

Terms and Conditions

MOVO® Virtual Prepaid Visa® Card – Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY

Terms and Conditions for the MOVO® Virtual Prepaid Visa® Card. This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the MOVO® Virtual Prepaid Visa® Card has been issued to you by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank © 2014. The “Program Manager” for the MOVO® Virtual Prepaid Visa® Card is MovoCash, Inc., and the Customer Service telephone number is (866) 533-6686. By accepting and/or using this Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, “Card” means both the Primary MOVO® Virtual Prepaid Visa® Card (the “Primary Card”) issued to you by Metropolitan Commercial Bank and all Secondary Non-Reloadable Virtual Cards (to be referred to as “MovoCoin”) that you may request, also issued by Metropolitan Commercial Bank. The Primary Card is a virtual prepaid card. However, you also may obtain a physical Card as the physical manifestation of the (virtual) Primary Card (as described in the Section below titled “Your Card”). “Card Account” means the records we maintain to account for the value of transactions associated with the Card. “You” and “your” means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. “We,” “us” and “our” mean Metropolitan Commercial Bank, our successors, affiliates or assignees. The Card will remain the property of Metropolitan Commercial Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Card, we will ask for your name, address, date of birth, social security number or country identification number and other information that will allow us to identify you. We also may ask to see your driver’s license or other documentation bearing your photo as verification of your identity. By participating in the Card program, you warrant factual representation of the required information is accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number or other identification documentation, date of birth and telephone number. If you falsify, misrepresent or fail to provide requested information, we may cancel your Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation. We reserve the right to restrict or delay your access to any such funds.

    1. Your Card. The Card is a virtual prepaid card. The Card allows you to access funds loaded or deposited to your Card Account by you or on your behalf. The funds in your Card Account will be FDIC-insured once we have been able to verify your identity. You may access the funds in your Card Account by using your Card or Card Number or by automated clearinghouse (ACH) debit using your Account Number. The Card is not a credit card. The Card is not a gift card, nor is it intended for gifting purposes. You will not receive any interest on your funds on the Card. The funds in your Card Account will not expire, regardless of the expiration date on the front of your physical Card (as described below in this Section). At any time after you first open your Card Account, upon your request, the Program Manager will arrange for a physical Card to be provided to you. The physical Card is the physical manifestation of the (virtual) Primary Card. Both the (virtual) Primary Card and the physical Card represent the same Primary Card Account (as described in the Section below titled “Adding Funds to Your Primary Card Account”). You must have a physical Card in order to obtain cash at an Automated Teller Machine (“ATM”) or to obtain cash at merchants or banks that have agreed to provide cash back at point-of-sale (“POS”) terminals (as described in the Section below titled “Using Your Physical Card to Get Cash”). To request your physical Card, call the Program Manager at the Customer Service telephone number, which is (866) 533-6686.
    2. FEES. THE FEES RELATING TO THE USE (AND MISUSE) OF YOUR CARD ARE SET FORTH IN THE “SCHEDULE OF FEES AND CHARGES” ATTACHED TO THIS AGREEMENT AND INCORPORATED HEREIN BY REFERENCE. FEES INCURRED PURSUANT TO THE TERMS OF THIS AGREEMENT WILL BE WITHDRAWN FROM YOUR CARD ACCOUNT AND WILL BE ASSESSED SO LONG AS THERE IS A REMAINING BALANCE IN YOUR CARD ACCOUNT, UNLESS PROHIBITED BY LAW. You agree to pay all fees associated with the Card. We may from time to time amend the Schedule of Fees and Charges, at our sole discretion, as set forth in the Section of this Agreement titled “Amendment and Cancellation.” If you request a service that is not included in the Schedule of Fees and Charges and there is a fee for such service, such fee will be disclosed at the time you request the service, and you agree that any such fee may be deducted from your Card Account.
    3. Authorized Users. The maximum number of Primary Cards permitted is one (1), and the maximum number of Secondary Non-Reloadable Virtual Cards active at any time is limited by the aggregate maximum balance limit (as described in the Section below titled “Limitations on Frequency and Dollar Amounts of Transactions”). If you permit another person to have access to your Card or Card Number, you are liable for all transactions made with the Card, Card Number or Account Number, and all related fees incurred, by those persons. You are wholly responsible for the use of each Card or Card Number according to the terms of this Agreement.
    4. Card Account Use and Purpose. Subject to the limitations set forth in this Agreement, you may use your Card, Card Number or Account Number, as applicable, to (1) add funds to your Primary Card Account (as described in the Section below titled “Adding Funds to Your Primary Card Account”), (2) transfer funds between Card Accounts, including transferring funds from your Card Account to another person’s Card Account, (3) purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account or the single-day transaction limit of $5,500.00 (as described in the Section below titled “Limitations on Frequency and Dollar Amounts of Transactions”), (4) withdraw cash from your Primary Card Account (as described in the Section below titled “Using Your Physical Card to Get Cash”), (5) transfer funds in the form of a Secondary Non-Reloadable Virtual Card to yourself and (6) transfer funds in the form of a Secondary Non-Reloadable Virtual Card to another person who, at the time of transfer, does not have a Card Account but who, at the time of receipt of notice of such transfer (by email or text message), will be given and have a limited time to open such person’s own Card Account in order to use such transferred funds in the form of a Secondary Non-Reloadable Virtual Card (such other person’s failure to do so within such limited time will cause such Secondary Non-Reloadable Virtual Card to expire automatically, thereby and thereupon causing such intended transferred funds automatically to return to and be in your Primary Card Account). There may be fees associated with some of these transactions. For fee information, see the Schedule of Fees and Charges attached to this Agreement. You agree not to use your Card for illegal gambling or any other illegal purpose.

We will provide you our bank routing number and assign you a 13-digit Account Number once your identity has been verified. The bank routing number and your assigned Account Number are for the purpose of initiating direct deposits to your Primary Card Account and authorized ACH debit transactions only. The 16-digit Card Number embossed or printed on your physical Card should not be used for these types of transactions or they will be rejected. You are not authorized to use the bank routing number and Account Number to make a debit transaction with a paper check, check-by-phone or other item processed as a check. These debits will be declined, and your payment will not be processed. You also will be assessed an ACH Decline Fee of $15.00, and your account may be closed.

    1. Limitations on Frequency and Dollar Amounts of Transactions. The total amount of purchases and cash withdrawals (including withdrawals inside a bank office) that you can perform in any single day is limited to $5,500.00 as described in the Transaction Limits set forth in the Schedule of Fees and Charges attached to this Agreement. The maximum aggregate value of your Card Account(s) is restricted to $10,000.00, including your Secondary Non-Reloadable Virtual Card(s). We will determine any maximum value by aggregating the activity and value of all Card Accounts you may have with us. For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card.
    2. Personal Identification Number (“PIN”). We will give you a PIN that you may use with your Card once your identity has been verified. Only one (1) PIN will be issued for the Primary Card and one (1) unique PIN for each Secondary Non-Reloadable Virtual Card. You will need a PIN when using your physical Card to obtain cash at an ATM or to make a PIN purchase or obtain cash back at a point-of-sale (“POS”) terminal. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the Section below titled “Your Liability for Unauthorized Transfers.” 
    3. Adding Funds to Your Primary Card Account. You may add funds to your Primary Card (the “Primary Card Account”) (called “value loading”) at any time. The monthly aggregate total load limit for your Primary Card (Primary Card Account) is $20,000.00. The aggregate maximum balance limit of your Card Account at any given time is $10,000.00 (as described in the Section above titled “Limitations on Frequency and Dollar Amounts of Transactions”). You may load funds to your Primary Card (Primary Card Account) using a bank account or a credit, debit or prepaid card at any time using the mobile application. You may be charged a fee by us for each value load using these specified value loading sources, in the amount disclosed in the Schedule of Fees and Charges attached to this Agreement. You may only transfer funds to your Secondary Non-Reloadable Virtual Cards using the available balance from your Primary Card (Primary Card Account). You also may load cash to your Primary Card (Primary Card Account) using participating cash reload locations. Some cash reload locations may have limits on the minimum amount you may load to your Primary Card (Primary Card Account). The number of times you are allowed to load funds to your Primary Card (Primary Card Account) during the course of a day is limited to two (2), and your daily load limit is $4,000.00. Note: Some reload locations may have limits on the minimum amount you may load to your Card. You agree to present your physical Card and meet identification requirements to complete value load transactions as may be required from time to time. Load locations may have their own load limits that may be less than our allowable amount. Load locations also may assess a fee to load funds to your Primary Card Account. You also may direct deposit funds to your Primary Card Account by providing our bank routing number and your assigned Account Number to your employer or other direct deposit payor (as described in the Section above titled “Card Account Use and Purpose”). You cannot load your Primary Card Account by check or money order.
    4. Using Your Physical Card to Get Cash. With a PIN, you may use your physical Card to (i) obtain cash or check your balance at any Automated Teller Machine (“ATM”) that bears the Visa®, PLUS® or PLUS® Alliance brand or (ii) obtain cash at merchants or banks that have agreed to provide cash back at POS terminals bearing the Visa®, PLUS® or PLUS® Alliance brand. All ATM transactions are treated as cash withdrawal transactions. The maximum amount of cash you may withdraw at an ATM on a daily basis is $500.00. We may limit the amount of any individual ATM withdrawal, and merchants, banks and ATM operators may impose additional withdrawal limits. You may be charged a fee by us for each cash withdrawal and balance inquiry made at an ATM or cash withdrawal obtained through a bank teller, in the amount disclosed in the Schedule of Fees and Charges attached to this Agreement. In addition, when you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
    5. Transferring Funds From Your Primary Card Account to a Bank Account by ACH Transfer. You may transfer funds via ACH from your Primary Card Account to a verified bank account linked to your Primary Card. Such ACH transfer will take between 2-7 business days. You may be charged a fee by us for such ACH transfer (see the Schedule of Fees and Charges attached to this Agreement). In addition, you may be charged a fee by the receiving bank for the transaction.
    6. Split Transactions Using Your Physical Card. When making a purchase from a merchant using your physical Card, if you do not have enough value loaded on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you fail to inform the merchant that you would like to complete a split transaction before swiping your physical Card, your Card is likely to be declined.
    7. Transactions Using Your Card Number. If you initiate a transaction without presenting your physical Card (such as for a mail order, internet or telephone purchase, or an ACH debit purchase), the legal effect will be the same as if you used the physical Card itself.
    8. Your Obligation for Negative Balance Transactions. Each time you initiate a Card transaction, you authorize us to reduce the funds available in your Card Account by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions (creating a “negative balance”). Nevertheless, if any transactions cause the balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. You also may be liable for any related Insufficient Funds/NSF Fee(s) as set forth in the Schedule of Fees and Charges attached to this Agreement. We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Card we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Card if you create one or more negative balances with your Card.
    9. Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New York.
    10. Authorization Holds. You do not have the right to stop payment on any purchase transaction originated by use of your Card, other than a Recurring Transaction as described in the Section below titled “Recurring Transactions.” When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance, and the merchant may estimate its final value. When you use your physical Card to obtain cash at an ATM or from a bank teller, we will authorize the transaction in advance (including all applicable fees). When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles and will place a temporary hold on your Card’s funds for the amount indicated by the merchant. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds. Car rentals, hotels and other service-oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to sixty (60) days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance. Similarly, some gas stations may factor in additional amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction, and we will release any excess amount when the transaction finally settles.

When you use your Card at certain restaurants and service-oriented merchants, there may be an additional 20% (or more) added to the authorization to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available on your Card, your transactions may be declined. Accordingly, you should ensure that your Card has an available balance that is 20% (or more) greater than your total bill before using your Card.

  1. Recurring Transactions. If you intend to use your Card for recurring transactions, you should monitor your balance and ensure you have funds available in your Card Account to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Card at substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your Card Account to cover the recurring transaction. If these recurring transactions may vary in amount, the person you are going to pay should 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.) If you receive electronic deposits of federal payments to your Primary Card:  If you have told us in advance to make regular payments (i.e., recurring transactions) from your Card Account, you can stop the payment by notifying us orally or in writing at least three (3) business days before the scheduled date of the transfer. If you call, we also may require you to put your request in writing and get it to us within 14 days after you call. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your direct losses or damages. If you have authorized a merchant to make the recurring transaction, you also should contact the applicable merchant in order to stop the recurring transaction.
  2. Preauthorized Credits. If you have arranged to have direct deposits made to your Card Account at least once every sixty (60) days from the same person or company and you do not receive a receipt/statement (paystub), you can view your balance using the mobile app or call the Program Manager at the Customer Service telephone number (866) 533-6686 to find out whether or not the deposit was made.
  3. Returns and Refunds. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for such refunds. You are not entitled to a check refund unless your Card Account has been closed. The amounts credited to your Card Account for refunds may not be available for up to five (5) days from the date the refund transaction occurs. If you or another person is entitled to a refund for any reason for goods or services obtained with a Secondary Non-Reloadable Virtual Card, then the amount of such refund will be credited to such Secondary Non-Reloadable Virtual Card. The amount credited to such Secondary Non-Reloadable Virtual Card for a refund may not be available for up to five (5) days from the date the refund transaction occurs. If you or such other person or the applicable merchant experiences any problem or difficulty with such refund transaction, call the Program Manager at the Customer Service telephone number (866) 533-6686.
  4. Bill Pay. You must access the Bill Pay Service before 11:00 PM Pacific Time on the business day that the bill payment is going to be initiated. The funds are removed from your Primary Card immediately; however, you must allow 2-7 business days, before the due date, for each bill payment to reach the payee.
  5. Card Cancellation and Suspension; Limits. We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. We may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, you may do so by calling the Program Manager at the Customer Service telephone number, which is (866) 533-6686. You agree not to use or allow others to use an expired, revoked, canceled, suspended or otherwise invalid Card. Our cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund as provided below in the Section titled “Amendment and Cancellation.” Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of our rights under this Agreement without losing them.
  6. International Transaction Fee. If you initiate a transaction in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by Visa U.S.A. Inc. into an amount in the currency of your Card. Visa U.S.A. Inc. will establish a currency conversion rate for this convenience using a rate selected by Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa U.S.A. Inc. itself receives, or the government mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by us. If you obtain your funds in a currency or country other than the currency or country in which the Card was issued, we may increase the currency conversion rate up to an additional 3% of the transaction amount and will retain this amount as compensation for our services. This charge is independent of and in addition to the currency conversion rate established by Visa U.S.A. Inc.
  7. Receipts. You should get or request a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipts to verify your transactions. You can get a receipt at the time you make any transfer from your Card Account using the mobile app.
  8. Obtaining Balance and Transaction Information for Your Card; History of Your Card Account Transactions. You should keep track of the amount of funds available in your Card Account. You may obtain information about the amount of funds you have remaining in your Card Account by logging in to the mobile app or calling the Program Manager at the Customer Service telephone number (866) 533-6686. A 12-month electronic history of your Card Account transactions is available on the mobile app. You also have the right to obtain, upon request, a 24-month written history of your Card Account transactions by calling the Program Manager at the Customer Service telephone number (866) 533-6686, or writing the Program Manager at support@movo.cash. (In your discretion, you may so request a written history of your Card Account transactions for a period that is shorter than 24 months.) There is no fee for obtaining a written history of your Card Account transactions.
  9. Confidentiality. We may disclose information to third parties about your Card or the transactions you make using your Card: (1) where it is necessary for completing transactions; (2) in order to verify the existence and condition of your Card for a third party, such as a merchant; (3) in order to comply with government agency, court order or other legal reporting requirements; (4) if you give us your written permission; (5) to our employees, auditors, affiliates, service providers or attorneys as needed; and (6) as otherwise provided in our Privacy Policy Notice below.
  10. Our Liability for Failure to Complete Transactions. In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We will not be liable, for instance: (1) if, through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction; (2) if a merchant refuses to accept your Card or provide cash back; (3) if an ATM where you are making a cash withdrawal does not have enough cash; (4) if an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (5) if access to your Card has been blocked after you reported your Card or Access Code lost or stolen; (6) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) if we have reason to believe the requested transaction is unauthorized; (8) if circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or (9) for any other exception stated in our Agreement with you.
  11. In Case of Errors or Questions about your Card Account. Call Customer Support at (866) 533-6686, or email support@movo.cash, or write to the Program Manager at MovoCash, Inc., 530 Lytton Avenue, 2nd Floor, Palo Alto, CA 94301 as soon as you can, if you think an error has occurred in your Card Account. If your Card Account receives wages, salary or other employee compensation that are made on a recurring basis or you receive electronic deposits of federal payments to your Card Account, the following provisions of this Section also apply:  We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling the Program Manager at the Customer Service telephone number (866) 533-6686, or writing the Program Manager at support@movo.cash. You will need to tell us: (1) your name and Card Number; (2) why you believe there is an error, and the dollar amount involved; and (3) approximately when the error took place. If you tell us orally, we will require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days (five (5) business days for Visa Point-of Sale Signature unauthorized debit transactions) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Card Account within ten (10) business days (five (5) business days for Visa Point-of Sale Signature unauthorized debit transactions) for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If you do not have wages, salary or other employee compensation that are made on a recurring basis or federal payments (for example, Social Security benefits, tax refunds or other government payments) deposited to your Card Account, we may not credit your Card Account. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days (five (5) business days for Visa Point-of Sale Signature unauthorized debit transactions), we may not credit your Card Account. For errors involving new Cards, POS transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation and debit your Card Account for the amount of the provisional credit. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call the Program Manager at the Customer Service telephone number (866) 533-6686. If your Card Account does not receive wages, salary or other employee compensation that are made on a recurring basis or does not receive electronic deposits of federal payments, all of this Section applies, except we will not credit your Card Account until our investigation is complete, and we have determined an error occurred.
  12. Lost or Stolen Cards/Unauthorized Transfers. If you believe your physical Card or Access Code(s) (“PIN”) has been lost or stolen, call the Program Manager at the Customer Service telephone number (866) 533-6686, or email the Program Manager at support@movo.cash, or write to the Program Manager at MovoCash, Inc., 530 Lytton Avenue, 2nd Floor, Palo Alto, CA 94301. You also should call the number or write to the address shown here if you believe an electronic transfer has been made using the information from your Card or Access Code(s) (“PIN”) without your permission.
  13. Your Liability for Unauthorized Transfers. You agree to exercise reasonable control over your PIN(s) (“Access Code(s)”); user ID(s); and password(s) and any other access code related to your Card Account (each, an “Access Code”) and your Card. Tell us AT ONCE if you believe your physical Card or Access Code(s) has been lost or stolen. Also, if your transaction history shows transfers that you did not make, including those made with your Card, Card Number or Account Number, or you believe an electronic transfer has been made without your permission, tell us AT ONCE. Calling the Program Manager at the Customer Service telephone number is (866) 533-6686, is the best way of keeping your possible losses down. You could lose all of the money in your Card Account. If you tell us within two (2) business days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card, and we can prove that we could have stopped someone from using your Card without your permission if you had told us in time, you could lose as much as $500.00. If you do not tell us within sixty (60) days after the earlier of the date you electronically access your Card Account or the date we sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (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, documented reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. The following provisions of this Section apply to all Card Accounts: You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card or Access Code(s). You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Card(s) or Access Code(s) (PIN(s)), but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) and/or Card Account to prevent future losses. If you share your Card(s) or Access Code(s) (PIN(s)) with another person, use of your Card Account by that person may be considered as authorized. If you authorize another person to use your Card or Access Code(s) (PIN(s)), you agree that you will be liable for all transactions arising from use of the Card or Access Code(s) (PIN(s)) by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. Visa’s Zero Liability policy covers U.S.–issued cards only and does not apply to ATM transactions outside the Visa and PLUS networks, PIN transactions not processed by Visa or certain commercial card transactions. Cardholder must notify us promptly of any unauthorized use.
  14. Other Terms. Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law or regulation of any governmental agency, whether local, state or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.
  15. Amendment and Cancellation. We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law before the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You also may cancel this Agreement by returning your physical Card to us or by calling the Program Manager at the Customer Service telephone number (866) 533-6686. If you cancel your Card, you may zero out your Card Account balance before closing your Card Account or request that we send you a check in the amount of your Card Account balance when you close your Card Account, which we will do for a fee as set forth in the Schedule of Fees and Charges attached to this Agreement. If  your Card is canceled by us when your Card Account has a balance, we will send you a check in the amount of your Card Account balance for no charge. In all events, any check we send to you will be sent to the address we have for you in our records. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination.
  16. Telephone Monitoring/Recording. From time to time we may monitor and/or record telephone calls between you and us and/or the Program Manager to assure the quality of our Customer Service or as required by applicable law.
  17. No Warranty Regarding Goods and Services. We are not responsible for the quality, safety, legality or any other aspect of any goods or services you purchase with your Card.
  18. Arbitration Provision. This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. (a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and MovoCash, Inc., program manager of the MOVO® Virtual Prepaid Visa® Card (the “Program Manager”) or any of its agents or retailers, arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or this Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean Metropolitan Commercial Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors and assigns; the Program Manager and its agents and retailers; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders. (b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our selection to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org. (c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. (f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel, which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. (g) Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, this Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
  19. Delivery of Electronic Communications. The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically.

Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic Communications includes, but is not limited to:

  • All legal and regulatory disclosures and communications associated with your Card Account and any related products or services
  • Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
  • Privacy policies and notices
  • Error resolution policies and notices
  • Responses to claims filed in connection with your Card Account
  • Notices regarding insufficient funds or negative balances

Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via an email notice we send to you at the time the information is available, or (2) by posting such Communications in the mobile app, or (3) via optional text messages (SMS).

How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by calling the Program Manager at the Customer Service telephone number (866) 533-6686, or writing to the Program Manager at support@movo.cash or visiting help.movo.cash. If you do withdraw your consent, we will close your Card Account, except where prohibited by law. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete email address (if you have elected to receive email messages from us), your contact information and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information. You can update information (such as your email address) through the mobile app or by calling the Program Manager at the Customer Service telephone number (866) 533-6686.

Hardware and Software Requirements. In order to access, view and retain Communications that we make available to you electronically, you must have:

  • A smartphone that runs on Apple iOS version 7.0 or later or Google Android version 4.1 or later
  • Internet access to your smartphone using a cellular data package or WiFi
  • A personal email account with an Internet service provider and email software
  • Sufficient electronic storage  in the smartphone to install the mobile application

Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call the Program Manager at the Customer Service telephone number (866) 533-6686, or write to the Program Manager at support@movo.cash. We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically pursuant to this authorization. See the Schedule of Fees and Charges attached to this Agreement for details about this service charge. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

Metropolitan Commercial Bank Privacy Policy Notice:

FACTS

WHAT DOES METROPOLITAN COMMERCIAL BANK DO WITH YOUR PERSONAL INFORMATION?

Why?

 Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What?

 The types of personal information we collect and share depend on the product or service you have with us. This information can include:

  • Identification Information
  • Account Balances
  • Transaction History
  • Account Transactions
  • Checking Account Information
  • Wire Transfer Instructions

When you are no longer our customer, we continue to share your information as described in this notice.

How?

 All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Metropolitan Commercial Bank chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Metropolitan Commercial Bank share? Can you limit this sharing?
For our everyday business purposes such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No
For our marketing purposes to offer our products and services to you Yes No
For joint marketing with other financial companies Yes No
For our affiliates’ everyday business purposes information about your transactions and experiences No We don’t share
For our affiliates’ everyday business purposes information about your creditworthiness No We don’t share
For non-affiliates to market to you No We don’t share
Questions?

Call 1-866-363-8226 or visit www.metropolitanbankny.com

What We Do
How does Metropolitan Commercial Bank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.
How does Metropolitan Commercial Bank collect my personal information? We collect your personal information, for example, when you

  • Open an account
  • Apply for financing
  • Show your driver’s license
  • Provide account information
  • Give us your contact information

We also collect your personal information from others, such as credit bureaus, affiliates or other companies.
Why can’t I limit all sharing? Federal law gives you the right to limit only:

  • sharing for affiliates’ everyday business purposes – information about your credit worthiness
  • affiliates from using your information to market to you
  • sharing for non-affiliates to market to you

State laws and individual companies may give you additional rights to limit sharing.

Definitions
Affiliates Companies related by common ownership or control. They can be financial and non-financial companies. Metropolitan Commercial Bank does not share with our Affiliates so they can market to you.
Non-affiliates Companies not related by common ownership or control. They can be financial and non-financial companies. Metropolitan Commercial Bank does not share with non-affiliates so they can market to you.
Joint Marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you. Our joint marketing partners include credit card account companies.

Other Important Information
For Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing – without your authorization.

For California Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing – without your authorization. We also will limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us.

For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share relationships with nonaffiliates either for them to market to you or for joint marketing – without your authorization.

For Texas Customers. If you have a complaint, first contact the customer service division of Metropolitan Commercial Bank at 1-866-363-8226. If you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov.

For Vermont Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing without your authorization, and we will not share personal information with affiliates about your creditworthiness without your authorization.

Schedule of Fees and Charges

Fee

Get Card
Primary Card (virtual) No fee
Physical Card No fee
Secondary Non-Reloadable Virtual Card (per card) $1.00

Add Money
Direct Deposit your paycheck or government benefits No fee
Add cash at participating retail locations No fee (third party fee may apply)
Add money from your bank account No fee
Add money from a card (prepaid, debit or credit) 2.9% + $0.30 per transaction

Send & Receive Money
Send Money Person to Person No fee
Receive Money Person to Person No fee

Spend Money
Purchase Transactions – Domestic No fee
Purchase Transactions – International Up to 3% of the USD converted transaction amount
Purchase Transaction Decline No fee
Bill Payment Transaction Fee $0.75

Get Cash with Physical Card*
ATM Withdrawal – Domestic $2.00 plus applicable ATM Surcharge Fee*(if Visa Plus Alliance Network ATM:  No ATM Surcharge Fee)
ATM Withdrawal – International** $2.00
ATM Balance Inquiry – Domestic $1.00
ATM Balance Inquiry – International** $2.00
ATM Decline – Domestic $1.00
ATM Decline – International** $2.00
Bank Teller Withdrawal $3.00
Primary Card to Bank ACH Transfer  No fee

Other
Physical Card Replacement $7.00
ACH Return Fee $15.00
ACH Decline Fee $15.00
Fee for Check in the Amount of Card Account Balance Upon Card Cancellation $2.50

* If you use your physical Card to obtain cash at an ATM, you may be charged a separate surcharge fee by the ATM provider.

** Plus up to 3% of the USD converted withdrawal or fee amount.

 

Limits

Primary  Card

Secondary Non-Reloadable Virtual  Card

Cards & Balance
Maximum Cards (at any time) 1 N/A
Maximum Balance $10,000 (including Secondary Non-Reloadable Virtual Card Balances) $4,000

Load Options (to Primary Card Only)
Direct Deposit – ACH (Daily): $5,000 N/A
Direct Deposit – ACH (Daily Frequency): 5 N/A
Cash Load (Daily): $4,000 N/A
Cash Load (Daily Frequency): 2 N/A
Cash Load (Monthly): $8,000 N/A
Cash Load (Monthly Frequency): 10 N/A
Credit/Debit Card Load (Daily): $300 N/A
Credit/Debit Card Load (Monthly): $1,500 N/A
Credit/Debit Card Load (Monthly Frequency): 10 N/A
Bank to Card (Daily): $1,000 N/A
Bank to Card (Monthly): $4,000 N/A
Bank to Card (Monthly Frequency): 10 N/A

Send and Receive Money from your Account
Send money (Daily) $1,000 N/A
Send money (Monthly) $4,000 N/A
Transfer from Card to your bank (Daily): $1,000 N/A
Transfer from Card to your bank (Monthly): $4,000 N/A
Primary Card to Secondary Non-Reloadable Virtual Card (Daily): $4,000 N/A
Secondary Non-Reloadable Virtual Card to Primary Card N/A Up to $4,000
Secondary Non-Reloadable Virtual Card to Primary Card (frequency) N/A Unlimited

ATM Transactions
ATM Domestic (Daily): $500 N/A
ATM Domestic (Monthly): $4,000 N/A
ATM International (Daily): $250 N/A
ATM International (Monthly): $2,500 N/A
ATM Domestic/International (Daily Frequency): 5 N/A

Purchase Transactions
Purchases Domestic (Daily): $4,000 (including Secondary Non-Reloadable Virtual Card Purchases) $4,000 (including  Primary Card Purchases)
Purchases International (Daily): $1,000 (including Secondary Non-Reloadable Virtual Card Purchases) $1,000 (including  Primary Card Purchases)

Other
Teller Cash Withdrawal (Daily): $1,000 N/A
Bill Payments (Daily): $5,000 N/A
Bill Payments (Monthly): $10,000 N/A
Bill Payments (Daily Frequency): 3 N/A

 

Additional Terms & Conditions for Use of Apple Pay to Supplement Your MOVO® Virtual Prepaid Visa®

Cardholder Agreement

These terms and conditions (“Terms and Conditions”) are a legal agreement between you and Metropolitan Commercial Bank (“MCB,” “the Bank,” “our,” “we,” or “us”) and govern your use of your MOVO® Virtual Prepaid Visa® in connection with Apple Pay (as defined below) on payment-supported iOS devices determined and commercialized by Apple from time to time (“Eligible Devices”). The term “Apple Pay” shall include the Apple Pay branded payment functionality and the Card provisioning functionality performed, and transaction history displayed, by the Wallet application, the Apple Watch application, Apple Pay on the Web, the Apple Watch, and on any other Eligible Device. In this Agreement, “Card” means the MOVO® Virtual Prepaid Visa® issued to you by MCB. The “Program Manager” for the MOVO® Virtual Prepaid Visa® is MovoCash, Inc..  “Card Account” means your beneficial interest in the pooled deposit account at MCB held by MovoCash, Inc. on behalf of its customers in connection with their respective Cards. “You” and “your” means the person who has received the Card and who is authorized to use the Card as provided for in this Agreement. The term “Program Manager” will refer to MovoCash, Inc.. The Program Manager will determine, in its sole discretion on the Bank’s behalf, which Cards will be eligible for use through Apple Pay.

Please review these Terms and Conditions before you decide whether to accept them and continue with the addition of your Card to Apple Pay. You consent to the receiving of these Terms and Conditions electronically.  By using a Card in Apple Pay you agree to only use your Card through Apple Pay in accordance with these Terms and Conditions.  If you do not agree to these Terms and Conditions, then you may not add your Card to or use your Card in connection with Apple Pay.  These Terms and Conditions supersede any prior terms and conditions you may have agreed to with respect to access to and the use of Cards through Apple Pay. You agree that these Terms and Conditions govern your access to and use of Cards through Apple Pay on all Eligible Devices. Your use of Apple Pay to purchase goods and services with your Card is still governed by the Cardholder Agreement between you and us in connection with your Card and all such terms and conditions, including the pre-disputes arbitration clause, contained in the Cardholder Agreement. The Cardholder Agreement is incorporated by reference as part of these Terms and Conditions. The arbitration provision applies to any disputes between you and us arising from your access to or use of Cards in connection with Apple Pay. You also acknowledge that your use of Apple Pay is subject to the terms and conditions set forth by Apple, Inc. (“Apple”) with respect to the use of Apple Pay.

ELIGIBILITY / ENROLLMENT

Apple Pay is available to you for the purposes of purchasing goods and services with an Eligible Device at merchants that accept Apple Pay as a form of payment through near field communication (NFC) enabled payment terminals, for in–app purchases and authorized merchant websites when using a compatible Safari browser on a compatible MacBook Pro. Apple Pay allows you to use your Eligible Device to access and use your Cards to make such purchases in place of presenting or using your physical Card. To add your Card to Apple Pay, you must register your Card with Apple Pay by linking (“provisioning”) your Card to an Eligible Device. You may be required to take additional steps to authenticate yourself before your Card is added to Apple Pay, which may include providing additional identifying information. When provisioning your Card through Apple Pay to an Eligible Device that contains a secure element, a unique numerical identifier different from your Card number (“Token”) will be added to such secure element, for the purpose of making purchases through Apple Pay. If your physical plastic Card is lost or stolen, but your Eligible Device is not lost or stolen, upon provisioning your new physical plastic Card to Apple Pay, Apple Pay will automatically assign your new physical plastic Card to your existing Token. Due to the manner in which Apple Pay operates, you may need to present your Eligible Device at a merchant when you return an item purchased using Apple Pay on such Eligible Device. You authorize your wireless operator (AT&T, Sprint, T–Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, account activation date, and device make and model, where provided in accordance with your mobile operator’s privacy policy, to allow verification of your identity and to compare information you have provided  in connection with your Card Account with your mobile operator account profile information.  This disclosed data may be used and stored for fraud prevention purposes and/or to complete transactions.

YOUR USE OF YOUR CARD THROUGH APPLE PAY

Please review the Cardholder Agreement, as applicable, for important information on your rights and responsibilities when making purchases. If your Eligible Device is lost or stolen, your Touch ID (fingerprint identity) or other passcode is compromised or Card has been used through Apple Pay without your permission, you must notify the Program Manager, as agent for MCB, immediately using the number provided on the back of your Card or by logging on to www.movo.cash. If you fail to notify us without delay, you may be liable for part or all of the losses in connection with any unauthorized use of your Card in connection with Apple Pay. Refer to your Cardholder Agreement for information regarding your liability for unauthorized transfers.

You agree and acknowledge that the transaction history displayed in Apple Pay in connection with use of your Card in Apple Pay solely represents our authorization of your Apple Pay transaction and does not reflect any post–authorization activity including, but not limited to, clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for your Apple Pay transaction history in connection with use of your Card in Apple Pay may not match the transaction amount that ultimately clears, settles, and posts to your Card Account. We do not impose a fee for using your Card through Apple Pay. Your telecommunications carrier or provider or Apple may impose web–enablement, data usage or text messaging fees or other charges for your use of Apple Pay.

Devices modified contrary to the manufacturer’s software or hardware guidelines, including by disabling hardware or software controls–sometimes referred to as “jailbreaking”–are not Eligible Devices. You acknowledge that the use of a modified device to use your Card in connection with Apple Pay is expressly prohibited, constitutes a violation of the Terms & Conditions, and is grounds for us to deny your access to your Card through Apple Pay. You acknowledge that in some instances your Eligible Device can be used to make purchases using Apple Pay without waking the Eligible Device.

AUTHORIZATION TO COLLECT AND SHARE DATA

You agree that we may collect, transmit, store, and use technical, location, and login or other information about you and your use of the Cards through Apple Pay. You acknowledge that (i) Apple, the provider of Apple Pay technology that supports the Cards in Apple Pay, as well as Apple’s sub–contractors, agents, and affiliates, and (ii) the applicable payment network branded on your Card (e.g., MasterCard International Incorporated and its affiliate Maestro, American Express, or Visa U.S.A. Inc. and its affiliate Interlink) as well as such network’s sub– contractors, agents, and affiliates, will have access to certain details of your transactions made with merchants via use of your Cards through Apple Pay. We will use, share and protect your personal information in accordance with our Privacy Policy applicable to your Card account. A copy of our Privacy Policy is available for review in your Cardholder Agreement. You acknowledge that the use and disclosure of any personal information provided by you directly to Apple, the applicable payment network branded on your Card or other third parties supporting Apple Pay will be governed by such party’s privacy policy and not MCB’s Privacy Policy.

COMMUNICATION

You consent to receive certain messages on your Eligible Device from the Program Manager in connection with your use of your Card through Apple Pay. You may receive push notifications from time to time reflecting your Card activity. If you do not wish to receive notifications, you may turn off these notifications through the device Settings on your Eligible Device. You agree to receive notices and other communications by email to the email address on file for your Card. Also, you agree to receive notices and communications through the “Message Center” for your Card at www.movo.cash, or through the messaging capabilities of Apple Pay. To update the contact information on file for you, please log on to your Card Account at www.movo.cash.

MERCHANT RELATIONSHIPS AND DISCLAIMERS

Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) (“Offers”) in Apple Pay. Such Offers are subject to certain terms and conditions and may change at any time without notice to you.

Neither MovoCash, Inc. nor MCB will be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Subject to applicable law and your Cardholder Agreement, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through Apple Pay or the Offers that they provide.

CHANGES TO PARTICIPATION IN APPLE PAY AND TERMS AND CONDITIONS

Subject to applicable law, and as provided in the Cardholder Agreement, at any time we may (i) terminate your use of a Card in connection with Apple Pay, (ii) modify or suspend the type or dollar amounts of transactions allowed using your Card in connection with Apple Pay, (iii) change a Card’s eligibility for use with Apple Pay and (iv) change the Card’s authentication process.

We may amend or change these Terms and Conditions at any time without prior notice to you except as required by applicable law. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. You are bound by such revisions and should therefore review the current Terms and Conditions as posted on the Program Manager’s website at www.movo.cash from time to time.

INTELLECTUAL PROPERTY

All intellectual property rights including all patents, trade secrets, copyrights, trademarks and moral rights (“Intellectual Property Rights”) in Apple Pay (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by Apple, MovoCash, Inc., MCB, their licensors or third parties. Nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by Apple, MovoCash, Inc., MCB, their licensors or third parties and you acknowledge that you do not acquire any ownership rights by adding your Card to, or using your Card in connection with Apple Pay.

DISCLAIMERS OF WARRANTY

Apple Pay is provided by Apple without any warranty from MovoCash, Inc. or MCB. You acknowledge and agree that from time to time, your use of your Card in connection with Apple Pay may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control.  Neither MovoCash, Inc., MCB, nor their affiliates, agents, directors or officers will be liable for any claim arising from or related to use of your Card through Apple Pay due to such delay, interruption, disruption or similar failure.

You acknowledge that we are not party to the terms and conditions for Apple Pay between you and Apple and we do not own and are not responsible for Apple Pay. We are not providing any warranty for Apple Pay. We are not responsible for maintenance or other support services for Apple Pay and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to Apple Pay, including, without limitation, any third-party product liability claims, claims that Apple Pay fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of Apple Pay, including those pertaining to Intellectual Property Rights, must be directed to Apple.

We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Eligible Device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance and costs associated with such Eligible Device.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PROGRAM MANAGER, PROCESSORS, SUPPLIERS OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT,

PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE OR UNAVAILABILITY OF APPLE PAY, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH APPLE PAY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR CARD IN APPLE PAY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PROGRAM MANAGER, PROCESSORS, SUPPLIERS AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF APPLE PAY, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH APPLE PAY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM APPLE PAY; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH APPLE PAY BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH APPLE PAY; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR PROGRAM MANAGER, PROCESSORS, AGENTS, SUPPLIERS OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNITY

You agree to indemnify, defend and hold us and the Program Manager harmless (and the employees, directors, agents, affiliates and representatives of each) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions, including any violation of our policies; (b) your wrongful or improper use of Apple Pay, including willful misconduct or fraud; (c) your violation of any third–party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any other party’s access or use of Apple Pay with your Touch ID or other appropriate security code.

REPRESENTATION AND WARRANTY

You represent and warrant to us that: (i) to the extent you identified a name at registration, the name identified by you when you registered your Card to be added to Apple Pay is your name; (ii) the Card you added to Apple Pay is your Card; (iii) you have the authority to authorize the receipt of notices, emails,  calls and text messages from MCB or Program Manager at the phone number or email address you provide; (iv) you and all transactions initiated by you will comply with all federal, state and local laws, rules, and regulations applicable to you, including any applicable tax laws and regulations; (v) you will not use your Card through Apple Pay for any fraudulent or illegal undertaking or in any manner so as to interfere with the operation of Apple Pay; and (vi) your use of your Card in connection with Apple Pay will comply with these Terms and Conditions.

GOVERNING LAW

These Terms and Conditions, your use of your Card through Apple Pay, and any claim, dispute or controversy arising from or relating to these Terms and Conditions shall be governed by the law of the State of New York, without giving effect to the conflict of law principles thereof, except to the extent preempted or governed by federal law. The legality, enforceability and interpretation of these Terms and Conditions and the amounts contracted for, charged and received under these Terms and Conditions, if any, will be governed by such laws. These Terms and Conditions are entered into between you and us in New York. Subject to the arbitration provision in the Cardholder Agreement, you expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to these Terms and Conditions or your use of your Card resides in the state and federal courts located in New York County, New York and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, agents and content providers.

 

Additional Terms & Conditions for Use of Android Pay to Supplement Your MOVO® Virtual Prepaid Visa®

Cardholder Agreement

These terms and conditions (“Terms and Conditions”) are a legal agreement between you and Metropolitan Commercial Bank (“MCB,” “the Bank,” “our,” “we” or “us”) and govern your use of your MOVO® Virtual Prepaid Visa® through Android Pay on any payment-supported device developed or authorized by Google, Inc. (“Google”) from time to time to support Android Pay (“Eligible Devices”). The term “Android Pay” means the Android Pay mobile payment functionality offered by Google and the Card provisioning functionality performed, and transaction history displayed, by the digital wallet application, on the Web, and on any other Eligible Device. In this Agreement, “Card” means the MOVO® Virtual Prepaid Visa® issued to you by MCB. The “Program Manager” for the MOVO® Virtual Prepaid Visa® is MovoCash, Inc.. “Card Account” means your beneficial interest in the pooled deposit account at MCB held by MovoCash, Inc. on behalf of its customers in connection with their respective Cards. “You” and “your” means the person who has received the Card and who is authorized to use the Card as provided for in this Agreement. The term “Program Manager” will refer to MovoCash, Inc..  The Program Manager will determine, in its sole discretion on the Bank’s behalf, which Cards will be eligible for use through Android Pay.

Please review these Terms and Conditions before you decide whether to accept them and continue with the addition of your Card to Android Pay. You consent to the receiving of these Terms and Conditions electronically. By using a Card in Android Pay you agree to only use your Card through Android Pay in accordance with these Terms and Conditions. If you do not agree to these Terms and Conditions, then you may not add your Card to or use your Card in connection with Android Pay. These Terms and Conditions supersede any prior terms and conditions you may have agreed to with respect to access to and the use of Cards through Android Pay. You agree that these Terms and Conditions govern your access to and use of Cards through Android Pay on all Eligible Devices. Your use of Android Pay to purchase goods and services with your Card is still governed by the Cardholder Agreement between you and us, in connection with your Card, and all such terms and conditions, including the pre-dispute arbitration clause, contained in the Cardholder Agreement.  The Cardholder Agreement is incorporated by reference as part of these Terms and Conditions. The arbitration provision applies to any disputes between you and us arising from your access to or use of Cards in connection with Android Pay. If any inconsistency between the two documents, this Supplement will control for the use of Android Pay.

You also acknowledge that your use of Android Pay is subject to the terms and conditions set forth by Google with respect to the use of Android Pay.

ELIGIBILITY / ENROLLMENT

Android Pay is available to you for the purposes of purchasing goods and services with an Eligible Device at merchants that accept Android Pay as a form of payment through near field communication (NFC) enabled payment terminals and for in–app purchases and authorized merchant websites when using a compatible browser. Android Pay allows you to use your Eligible Device to access and use your Card to make such purchases in place of presenting or using your physical Card and to make purchases in-app or on websites at merchants participating in Android Pay. When you select a Card to use with Android Pay, certain account information related to the Card will be transmitted to and stored within your Eligible Device or on Google’s cloud platform to facilitate your participation in Android Pay. Once the account information for a Card has been stored on your Eligible Device, it is represented by a virtual representation of your Card within Android Pay. By adding this Card to Android Pay or selecting this Card as the default card in Android Pay, unlocking and/or placing your Eligible Device near a merchant’s contactless-enabled point-of-sale terminal or reader or using this Card for an in-app or website purchase, you are authorizing the payment for the merchant’s products or services with that Card with Android Pay. To complete transactions above a certain dollar amount, merchants may require presentation of a physical companion card or a government-issued form of identification for inspection at the point-of-sale to authenticate your identity. You may need to present your Eligible Device at a merchant when you return an item purchased using Android Pay on such Eligible Device. You authorize your wireless operator (AT&T, Sprint, T–Mobile, US Cellular, Verizon or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, account activation date, and device make and model, where provided in accordance with your mobile operator’s privacy policy, to allow verification of your identity and to compare

information you have provided in connection with your Card Account with your mobile operator account profile information. This disclosed data may be used and stored for fraud prevention purposes and/or to complete transactions.

YOUR USE OF YOUR CARD THROUGH ANDROID PAY

Please review the Cardholder Agreement, as applicable, for important information on your rights and responsibilities when making purchases. If your Eligible Device is lost or stolen, your fingerprint identity or passcode is compromised or Card has been used through Android Pay without your permission, you must notify the Program Manager, as agent for MCB, immediately using the number provided on the back of your Card or by logging on to www.movo.cash. If you fail to notify us without delay, you may be liable for part or all of the losses in connection with any unauthorized use of your Card in connection with Android Pay. Refer to your Cardholder Agreement for information regarding your liability for unauthorized transfers.

You agree and acknowledge that the transaction history displayed in Android Pay, in connection with use of your Card in Android Pay, solely represents our authorization of your Android Pay transaction and does not reflect any post–authorization activity including, but not limited to, clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency and other details for your Android Pay transaction history in connection with use of your Card in Android Pay may not match the transaction amount that ultimately clears, settles and posts to your Card Account. We do not impose a fee for using your Card through Android Pay. Your telecommunications carrier or provider or Google may impose web–enablement, data usage or text messaging fees or other charges for your use of Android Pay.

AUTHORIZATION TO COLLECT AND SHARE DATA

You agree that we may collect, transmit, store, and use technical, location, and login or other information about you and your use of the Cards through Android Pay. You acknowledge that (i) Google, the provider of Android Pay technology that supports the Cards in Android Pay, as well as Google’s sub–contractors, agents, and affiliates, and (ii) the applicable payment network branded on your Card (e.g., MasterCard International Incorporated and its affiliate Maestro, American Express, or Visa U.S.A. Inc. and its affiliate Interlink) as well as such network’s sub– contractors, agents, and affiliates, will have access to certain details of your transactions made with merchants via use of your Cards through Android Pay. We will use, share and protect your personal information in accordance with our Privacy Policy applicable to your Card account. A copy of our Privacy Policy is available for review in your Cardholder Agreement. You acknowledge that the use and disclosure of any personal information provided by you directly to Google, the applicable payment network branded on your Card or other third parties supporting Android Pay will be governed by such party’s privacy policy and not MCB’s Privacy Policy.

COMMUNICATION

You consent to receive certain messages on your Eligible Device from the Program Manager in connection with your use of your Card through Android Pay. You may receive push notifications from time to time reflecting your Card activity. If you do not wish to receive notifications, you may turn off these notifications through the device Settings on your Eligible Device. You agree to receive notices and other communications by email to the email address on file for your Brokerage Account. Also, you agree to receive notices and communications through the “Message Center” for your Card at www.movo.cash, or through the messaging capabilities of Android Pay. To update the contact information on file for you, please log on to your Card Account at www.movo.cash.

MERCHANT RELATIONSHIPS AND DISCLAIMERS

Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) (“Offers”) in Android Pay. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. Neither MovoCash, Inc. nor MCB will be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Subject to applicable law and your Cardholder Agreement, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through Android Pay or the Offers that they provide.

CHANGES TO PARTICIPATION IN ANDROID PAY AND TERMS AND CONDITIONS

Subject to applicable law, and as provided in the Cardholder Agreement, at any time we may (i) terminate your use of a Card in connection with Android Pay, (ii) modify or suspend the type or dollar amounts of transactions allowed using your Card in connection with Android Pay, (iii) change a Card’s eligibility for use with Android Pay and (iv) change the Card’s authentication process.

We may amend or change these Terms and Conditions at any time without prior notice to you except as required by applicable law. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. You are bound by such revisions and should therefore review the current Terms and Conditions as posted on the Program Manager’s website at www.movo.cash from time to time.

INTELLECTUAL PROPERTY

All intellectual property rights including all patents, trade secrets, copyrights, trademarks and moral rights (“Intellectual Property Rights”) in Android Pay (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by Google, MovoCash, Inc., MCB, their licensors or third parties. Nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by Google, MovoCash, Inc., MCB, their licensors or third parties and you acknowledge that you do not acquire any ownership rights by adding your Card to or using your Card in connection with Android Pay.

DISCLAIMERS OF WARRANTY

Android Pay is provided by Google without any warranty from MovoCash, Inc. or MCB. You acknowledge and agree that from time to time, your use of your Card in connection with Android Pay may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither MovoCash, Inc., MCB, nor their affiliates, agents, directors or officers will be liable for any claim arising from or related to use of your Card through Android Pay due to such delay, interruption, disruption or similar failure.

You acknowledge that we are not party to the terms and conditions for Android Pay between you and Google and we do not own and are not responsible for Android Pay. We are not providing any warranty for Android Pay. We are not responsible for maintenance or other support services for Android Pay and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to Android Pay, including, without limitation, any third-party product liability claims, claims that Android Pay fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of Android Pay, including those pertaining to Intellectual Property Rights, must be directed to Google.

We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Eligible Device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance and costs associated with such Eligible Device.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PROGRAM MANAGER, PROCESSORS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE OR UNAVAILABILITY OF ANDROID PAY, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH ANDROID PAY.

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR CARD IN ANDROID PAY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PROGRAM MANAGER, PROCESSORS, SUPPLIERS AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF ANDROID PAY, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH ANDROID PAY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANDROID PAY; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH ANDROID PAY BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH ANDROID PAY; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR PROGRAM MANAGER, PROCESSORS, AGENTS, SUPPLIERS OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNITY

You agree to indemnify, defend and hold us and the Program Manager harmless (and the employees, directors, agents, affiliates and representatives of each) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties or obligations set forth in this Terms and Conditions, including any violation of our policies; (b) your wrongful or improper use of Android Pay, including willful misconduct or fraud; (c) your violation of any third–party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any other party’s access or use of Android Pay with your fingerprint identity or other appropriate security code.

REPRESENTATION AND WARRANTY

You represent and warrant to us that: (i) to the extent you identified a name at registration, the name identified by you when you registered your Card to be added to Android Pay is your name; (ii) the Card you added to Android Pay is your Card; (iii) you have the authority to authorize the receipt of notices, emails,  calls and text messages from MCB or Program Manager at the phone number or email address you provide; (iv) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax laws and regulations; (v) you will not use your Card through Android Pay for any fraudulent or illegal undertaking or in any manner so as to interfere with the operation of Android Pay; and (vi) your use of your Card in connection with Android Pay will comply with these Terms and Conditions.

GOVERNING LAW

These Terms and Conditions, your use of your Card through Android Pay, and any claim, dispute or controversy arising from or relating to these Terms and Conditions shall be governed by the law of the State of New York, without giving effect to the conflict of law principles thereof, except to the extent preempted or governed by federal law. The legality, enforceability and interpretation of these Terms and Conditions and the amounts contracted for, charged and received under these Terms and Conditions, if any, will be governed by such laws. These Terms and Conditions are entered into between you and us in New York. Subject to the arbitration provision in the Cardholder Agreement, you expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to these Terms and Conditions or your use of your Card resides in the state and federal courts located in New York County, New York and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, agents and content providers.

 

Additional Terms & Conditions for Use of Samsung Pay to Supplement Your MOVO® Virtual Prepaid Visa®

Cardholder Agreement

These terms and conditions (“Terms and Conditions”) are a legal agreement between you and Metropolitan Commercial Bank (“MCB,” “the Bank,” “our,” “we” or “us”) and govern your use of your MOVO® Virtual Prepaid Visa® through Samsung Pay on any payment-supported device developed or authorized by Samsung Electronics Co., Ltd. (“Samsung”) from time to time to support Samsung Pay (“Eligible Devices”). The term “Samsung Pay” means the Samsung Pay mobile payment functionality offered by Samsung and the Card provisioning functionality performed, and transaction history displayed, by the digital wallet application, on the Web, and on any other Eligible Device. In this Agreement, “Card” means the MOVO® Virtual Prepaid Visa® issued to you by MCB.   “Program Manager” for the MOVO® Virtual Prepaid Visa® is MovoCash, Inc..  “Card Account” means your beneficial interest in the pooled deposit account at MCB held by MovoCash, Inc. on behalf of its customers in connection with their respective Cards. “You” and “your” means the person who has received the Card and who is authorized to use the Card as provided for in this Agreement. The term “Program Manager” will refer to MovoCash, Inc.. The Program Manager will determine, in its sole discretion on the Bank’s behalf, which Cards will be eligible for use through Samsung Pay.

Please review these Terms and Conditions before you decide whether to accept them and continue with the addition of your Card to Samsung Pay. You consent to the receiving of these Terms and Conditions electronically. By using a Card in Samsung Pay you agree to only use your Card through Samsung Pay in accordance with these Terms and Conditions. If you do not agree to these Terms and Conditions, then you may not add your Card to, or use your Card in connection with, Samsung Pay. These Terms and Conditions supersede any prior terms and conditions you may have agreed to with respect to access to and the use of Cards through Samsung Pay. You agree that these Terms and Conditions govern your access to and use of Cards through Samsung Pay on all Eligible Devices. Your use of Samsung Pay to purchase goods and services with your Card is still governed by the Cardholder Agreement between you and us in connection with your Card and all such terms and conditions, including the pre-dispute arbitration clause, contained in the Cardholder Agreement.  The Cardholder Agreement is incorporated by reference as part of these Terms and Conditions. The arbitration provision applies to any disputes between you and us arising from your access to or use of Cards in connection with Samsung Pay. If any inconsistency between the two documents, this Supplement will control for the use of Samsung Pay.

You also acknowledge that your use of Samsung Pay is subject to the terms and conditions set forth by Samsung with respect to the use of Samsung Pay.

ELIGIBILITY / ENROLLMENT

Samsung Pay is available to you for the purposes of purchasing goods and services with an Eligible Device at merchants that accept Samsung Pay as a form of payment through near field communication (NFC) enabled payment terminals and for in–app purchases and authorized merchant websites when using a compatible browser. Samsung Pay allows you to use your Eligible Device to access and use your Card to make such purchases in place of presenting or using your physical Card and to make purchases in-app or on websites at merchants participating in Samsung Pay. When you select a Card to use with Samsung Pay, certain account information related to the Card will be transmitted to and stored within your Eligible Device or on Samsung’s cloud platform to facilitate your participation in Samsung Pay. Once the account information for a Card has been stored on your Eligible Device, it is represented by a virtual representation of your Card within Samsung Pay. By adding this Card to Samsung Pay or selecting this Card as the default card in Samsung Pay, unlocking and/or placing your Eligible Device near a merchant’s contactless-enabled point-of-sale terminal or reader or using this Card for an in-app or website purchase, you are authorizing the payment for the merchant’s products or services with that Card with Samsung Pay. To complete transactions above a certain dollar amount, merchants may require presentation of a physical companion card or a government-issued form of identification for inspection at the point-of-sale to authenticate your identity. You may need to present your Eligible Device at a merchant when you return an item purchased using Samsung Pay on such Eligible Device. You authorize your wireless operator (AT&T, Sprint, T–Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, account activation date, and device make and model, where provided in accordance with your mobile operator’s privacy policy, to allow verification of your identity and to compare

information you have provided in connection with your Card Account with your mobile operator account profile information. This disclosed data may be used and stored for fraud prevention purposes and/or to complete transactions.

YOUR USE OF YOUR CARD THROUGH SAMSUNG PAY

Please review the Cardholder Agreement, as applicable, for important information on your rights and responsibilities when making purchases. If your Eligible Device is lost or stolen, your fingerprint identity or passcode is compromised or Card has been used through Samsung Pay without your permission, you must notify the Program Manager, as agent for MCB, immediately using the number provided on the back of your Card or by logging on to www.movo.cash. If you fail to notify us without delay, you may be liable for part or all of the losses in connection with any unauthorized use of your Card in connection with Samsung Pay. Refer to your Cardholder Agreement for information regarding your liability for unauthorized transfers.

You agree and acknowledge that the transaction history displayed in Samsung Pay, in connection with use of your Card in Samsung Pay, solely represents our authorization of your Samsung Pay transaction and does not reflect any post–authorization activity including, but not limited to, clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency and other details for your Samsung Pay transaction history in connection with use of your Card in Samsung Pay may not match the transaction amount that ultimately clears, settles and posts to your Card Account. We do not impose a fee for using your Card through Samsung Pay. Your telecommunications carrier or provider or Samsung may impose web–enablement, data usage or text messaging fees or other charges for your use of Samsung Pay.

AUTHORIZATION TO COLLECT AND SHARE DATA

You agree that we may collect, transmit, store, and use technical, location, and login or other information about you and your use of the Cards through Samsung Pay. You acknowledge that (i) Samsung, the provider of Samsung Pay technology that supports the Cards in Samsung Pay, as well as Samsung’s sub–contractors, agents, and affiliates, and (ii) the applicable payment network branded on your Card (e.g., MasterCard International Incorporated and its affiliate Maestro, American Express, or Visa U.S.A. Inc. and its affiliate Interlink) as well as such network’s sub– contractors, agents, and affiliates, will have access to certain details of your transactions made with merchants via use of your Cards through Samsung Pay. We will use, share and protect your personal information in accordance with our Privacy Policy applicable to your Card account. A copy of our Privacy Policy is available for review in your Cardholder Agreement. You acknowledge that the use and disclosure of any personal information provided by you directly to Samsung, the applicable payment network branded on your Card, or other third parties supporting Samsung Pay, will be governed by such party’s privacy policy and not MCB’s Privacy Policy.

COMMUNICATION

You consent to receive certain messages on your Eligible Device from the Program Manager in connection with your use of your Card through Samsung Pay. You may receive push notifications from time to time reflecting your Card activity. If you do not wish to receive notifications, you may turn off these notifications through the device Settings on your Eligible Device. You agree to receive notices and other communications by email to the email address on file for your Brokerage Account. Also, you agree to receive notices and communications through the “Message Center” for your Card at www.movo.cash, or through the messaging capabilities of Samsung Pay. To update the contact information on file for you, please log on to your Card Account at www.movo.cash.

MERCHANT RELATIONSHIPS AND DISCLAIMERS

Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) (“Offers”) in Samsung Pay. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. Neither MovoCash, Inc. nor MCB will be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Subject to applicable law and your Cardholder Agreement, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through Samsung Pay or the Offers that they provide.

CHANGES TO PARTICIPATION IN SAMSUNG PAY AND TERMS AND CONDITIONS

Subject to applicable law, and as provided in the Cardholder Agreement, at any time we may (i) terminate your use of a Card in connection with Samsung Pay, (ii) modify or suspend the type or dollar amounts of transactions allowed using your Card in connection with Samsung Pay, (iii) change a Card’s eligibility for use with Samsung Pay and (iv) change the Card’s authentication process.

We may amend or change these Terms and Conditions at any time without prior notice to you except as required by applicable law. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. You are bound by such revisions and should therefore review the current Terms and Conditions as posted on the Program Manager’s website at www.movo.cash from time to time.

INTELLECTUAL PROPERTY

All intellectual property rights including all patents, trade secrets, copyrights, trademarks and moral rights (“Intellectual Property Rights”) in Samsung Pay (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by Samsung, MovoCash, Inc., MCB, their licensors or third parties. Nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by Samsung, MovoCash, Inc., MCB, their licensors or third parties and you acknowledge that you do not acquire any ownership rights by adding your Card to or using your Card in connection with Samsung Pay.

DISCLAIMERS OF WARRANTY

Samsung Pay is provided by Samsung without any warranty from MovoCash, Inc. or MCB. You acknowledge and agree that from time to time, your use of your Card in connection with Samsung Pay may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither MovoCash, Inc., MCB, nor their affiliates, agents, directors or officers will be liable for any claim arising from or related to use of your Card through Samsung Pay due to such delay, interruption, disruption or similar failure.

You acknowledge that we are not party to the terms and conditions for Samsung Pay between you and Samsung and we do not own and are not responsible for Samsung Pay. We are not providing any warranty for Samsung Pay. We are not responsible for maintenance or other support services for Samsung Pay and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to Samsung Pay, including, without limitation, any third-party product liability claims, claims that Samsung Pay fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of Samsung Pay, including those pertaining to Intellectual Property Rights, must be directed to Samsung.

We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Eligible Device. You are responsible for the selection of an Eligible Device and for all issues relating to the operation, performance and costs associated with such Eligible Device.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PROGRAM MANAGER, PROCESSORS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF SAMSUNG PAY, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH SAMSUNG PAY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY

RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR CARD IN SAMSUNG PAY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PROGRAM MANAGER, PROCESSORS, SUPPLIERS AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF SAMSUNG PAY, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH SAMSUNG PAY; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM SAMSUNG PAY; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH SAMSUNG PAY BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH SAMSUNG PAY; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR PROGRAM MANAGER, PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNITY

You agree to indemnify, defend, and hold us and the Program Manager harmless (and the employees, directors, agents, affiliates and representatives of each) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Terms and Conditions, including any violation of our policies; (b) your wrongful or improper use of Samsung Pay, including willful misconduct or fraud; (c) your violation of any third–party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any other party’s access or use of Samsung Pay with your fingerprint identity or other appropriate security code.

REPRESENTATION AND WARRANTY

You represent and warrant to us that: (i) to the extent you identified a name at registration, the name identified by you when you registered your Card to be added to Samsung Pay is your name; (ii) the Card you added to Samsung Pay is your Card; (iii) you have the authority to authorize the receipt of notices, emails,  calls and text messages from MCB or Program Manager at the phone number or email address you provide; (iv) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax laws and regulations; (v) you will not use your Card through Samsung Pay for any fraudulent or illegal undertaking or in any manner so as to interfere with the operation of Samsung Pay; and (vi) your use of your Card in connection with Samsung Pay will comply with these Terms and Conditions.

GOVERNING LAW

These Terms and Conditions, your use of your Card through Samsung Pay, and any claim, dispute or controversy arising from or relating to these Terms and Conditions shall be governed by the law of the State of New York, without giving effect to the conflict of law principles thereof, except to the extent preempted or governed by federal law. The legality, enforceability and interpretation of these Terms and Conditions and the amounts contracted for, charged and received under these Terms and Conditions, if any, will be governed by such laws. These Terms and Conditions are entered into between you and us in New York. Subject to the arbitration provision in the Cardholder Agreement, you expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to these Terms and Conditions or your use of your Card resides in the state and federal courts located in New York County, New York and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, agents and content providers.