Terms and Conditions for Adding Your Fairfield County Bank Debit Card to a Mobile Wallet Service.
These Terms and Conditions (the “Terms”) apply when you add an eligible Fairfield County Bank debit card (a “Card”) to a mobile wallet service. A mobile wallet service is a digital wallet platform operated by a vendor (“Wallet Provider”) that allows you to add Cards to an application using your mobile device (“Mobile Device”), permitting you to make (i) payments at merchant point-of-sale terminals or readers that accept payments using a Card loaded to a Wallet (rather than presenting your physical Card); and (ii) in-app or other digital commerce payments at participating merchants (a “Wallet”). Once you add a Card to the Wallet, you may use your mobile device and the Wallet to make payments only where the Wallet is accepted. In these Terms, “you” and “your” refer to the holder of each Card, and “we,” “us,” “our,” and "Bank” refer to Fairfield County Bank, the issuer of your Card. When you add a Card to the Wallet, you agree to these Terms.
1. Adding a Card. You can add a Card to the Wallet by following the instructions of the Wallet Provider. Only Cards that we designate are eligible can be added to the Wallet. If your Card or underlying deposit account is not in good standing, that Card will not be eligible to enroll in the Wallet. The Wallet may not be accepted at all places where your Card is accepted. By selecting a Card and placing your Mobile Device near a merchant's contactless-enabled point-of-sale terminal or reader or using the Card for an in-app purchase, you are authorizing the payment for the merchant's products or services with that Card through the Wallet.
2. Your Fairfield County Bank Card Terms Do Not Change. The separate disclosures and agreements that govern your Card and any underlying deposit account do not change when you add your Card to the Wallet. The Wallet simply provides another way for you to make purchases with the Card. Any applicable interest, fees, and charges that apply to your Card will also apply when you use the Wallet to access your Card. Fairfield County Bank does not charge you any additional fees for adding a Card to the Wallet or using a Card in the Wallet. The Wallet Provider and other third parties such as wireless companies or data service providers may charge you fees.
3. Fairfield County Bank is Not Responsible for the Wallet. Fairfield County Bank is not the provider of the Wallet, and we are not responsible for providing the Wallet service to you. We are only responsible for supplying information to the Wallet Provider to allow usage of the Card in the Wallet. We are not responsible for any failure of the Wallet, or the inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Wallet Provider or any other third parties regarding any agreement you enter into with the Wallet Provider or associated third party relationships that may impact your use of the Wallet. We are not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of the Wallet or any third party’s products or services. The Wallet and your Mobile Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Card(s). These features and procedures are the sole responsibility of the Wallet Provider and Mobile Device provider, as applicable. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Cards.
4. Contacting You Electronically, and by Email. You consent to receive electronic communications and disclosures from us in connection with your Card and the Wallet. You agree that we can contact you by email at any email address you provide to us in connection with any of your Bank accounts. You also consent to receive certain messages on your Mobile Device (i.e., SMS, MMS) from us, or through the messaging capabilities of the Wallet. You agree such contact may come from companies working on our behalf to service your Card and accounts. You agree to update your contact information with us when it changes.
5. Removing Your Fairfield County Bank Card from the Wallet. You should contact the Wallet Provider to determine how to remove a Card from the Wallet. We can also block use of the Card in the Wallet from purchases at any time.
6. Governing Law and Disputes. These Terms are governed by federal law and, to the extent that state law applies, the laws of the state that govern the Agreement governing your Card. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in such agreements.
7. Ending or Changing these Terms; Assignments. We can terminate these Terms at any time. We can also change these Terms, or add or delete any items in these Terms, at any time. We will provide notice if required by law. We reserve the right for any reason to discontinue offering or supporting any Card or to not participate in any Wallet service. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of any Card at any time without notice and for any reason. You agree that we will not be liable to you or any third party for any block, suspension, cancellation or termination of your use of any Card. We can assign these Terms. You may not assign these Terms. You cannot change these terms, but you can terminate these Terms at any time by removing all Cards from the Wallet.
9. Disclaimers, Limitation of Liability, and Indemnification. YOU UNDERSTAND AND AGREE THAT YOUR USE OF A MOBILE WALLET SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE WALLET SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND BANK, ITS EMPLOYEES AND SUPPLIERS, ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS, BUG, MALFUNCTION, OR OTHERWISE. BANK MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF THE MOBILE WALLET.
10. Notices. We can provide notices to you concerning these Terms and your use of a Card in the Wallet by posting the material on our website, through electronic notice given to any electronic mailbox we maintain for you or to any other email address or telephone number you provide to us, or by contacting you at the current address we have on file for you.
11. Miscellaneous. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. There are no third-party beneficiaries to these Terms, except that Bank affiliates are third-party beneficiaries of these Terms with the right to enforce them. The terms of this Section 11 will survive termination of these Terms, together with any other terms which by their nature the parties contemplate should survive.
12. Questions. We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services related to the Wallet. If you have any questions or issues with a third party product or service, including issues pertaining to the operation of your Mobile Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If your question, dispute, or complaint is about your Card, then contact us at: 203-431-7431.