2. USE OF YOUR MOBILE WALLET
Mobile Wallet enable you to create virtual representations of your Debit Cards on your Supported Device that will permit you to use your Supported Device to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using a Mobile Wallet (in lieu of you presenting your physical Debit Card) and (ii) in-app or other digital commerce payments at merchants participating in Mobile Payment Services. You agree to use the Mobile Wallet only with a Supported Device properly equipped with Mobile Wallets and to comply with all terms and conditions applicable to the Mobile Payment Services agreement for your device. You should know that not all Supported Devices permit both contactless and in-app payments. Please contact your device manufacturer if you have questions about the Supported Devices that can be used with Mobile Payment Services.
When you select Mobile Wallet to use Mobile Payment Services, certain account information for the Debit Card will be transmitted to and stored within your Supported Device to facilitate your participation in Mobile Payment Services. Once the account information for a Debit Card has been stored on your Supported Device, it is represented by a Mobile Wallet. By selecting a Mobile Wallet and placing your Supported Device near a merchant’s contactless-enabled point-of-sale terminal or reader or using that Mobile Wallet for an in-app purchase, you are authorizing the payment for the merchant’s products or services with that Mobile Wallet through the Mobile Payment Services. 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 to authenticate your identity.
Mobile Wallet also provide you access to information related to the Mobile Wallet that have been added to your Supported Device. Depending on your Supported Device, this may include information about account cancellation or suspension due to issues such as an suspicious activity, detection of fraud or past due payments. See “Suspension; Cancellation” below for more details.
Purchases or other transactions you make with your Mobile Wallet are governed by the Famacash Deposit Agreement for the Famacash Debit Card you used to create your Mobile Card. If a problem arises with the product or service you purchased through use of the Mobile Wallet, you first should try to resolve the problem directly with the merchant, but you may also have rights under your Famacash Deposit Agreement or otherwise under applicable law.
4. THIRD PARTY AGREEMENTS AND SUPPORT
It is your responsibility to read and understand the Third Party Agreements before creating, activating or using a Mobile Wallet for Mobile Payment Services. We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services. If you have any questions or issues with a third party product or service, including issues pertaining to the operation of your Supported Device, please contact the appropriate third party in accordance with that third party’s procedures for customer support and assistance. If you have any questions or issues pertaining to Mobile Wallet (other than questions or issues specific to the use of a Debit Card), please contact the respective device manufacturer.
We do not currently charge a fee for using your Mobile Card. However, you understand that Third Party Agreements may contemplate fees, limitations and restrictions which might affect your use of any of your Mobile Wallet (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with such limitations and restrictions.
6. PRIVACY AND SECURITY
What Famacash Collects
What Others Collect
Supported Devices with same Cloud Account
If you add a Mobile Wallet to one of your Supported Devices and have other Supported Devices sharing the same Cloud account (“Other Supported Devices”), your device manufacturer may collect and use information related to your Mobile Wallet, permit that Mobile Wallet to be added to Other Supported Devices and display on those Other Supported Devices the last 5 digits of the associated Debit Card and potentially other information.
In addition, if you delete a Mobile Wallet from one of your Supported Devices, your device manufacturer may continue to permit for a short period of time that Mobile Wallet to be added on all of your Supported Devices that share the same Cloud Account and display the last 5 numbers of the associated Debit Card.
In each of these instances, your Mobile Wallet will not be added to any of your Other Supported Devices unless you verify that Mobile Wallet with us on that device.
Lost, Stolen or Unauthorized Use of your Supported Device
Call the service provider immediately if you believe your Supported Device or your credentials have been lost or stolen or someone has used or may use your Supported Device or your credentials without your authorization. Also change your credentials immediately to avoid any unauthorized use of a Mobile Wallet or of your personal information. If you get a new Supported Device, please be sure to delete all your Mobile Wallet and other personal information from your prior Supported Device.You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.
You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.
Mobile Payment Services and your Supported Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Mobile Wallet. These features and procedures are the sole responsibility of your device manufacturer. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Mobile Wallet.
Protecting your Device Passwords and other Credentials
You are responsible for maintaining the confidentiality of your Famacash user ID, Device User ID, Device Password and other means you may from time to time have to access any of your Mobile Wallet. You should keep your Supported Device and these credentials secure in the same manner as you would keep your cash, checks, credit cards, and other personal identification numbers and passwords secure. Subject to the Famacash Deposit Agreement governing the use of the Debit Card you use to create your Mobile Wallet, you are responsible for all transactions made using your Mobile Wallet.
You are solely responsible for maintaining the confidentiality of your Device User ID, Device passwords and any other means that you may from time to time have to access the application. If you share these credentials with any other person, they may be able to use your Mobile Wallet and get access to your personal and payment information available through the Device Mobile Payment Services. Call us immediately at the Famacash telephone number printed on the back of your Famacash Debit Card if you believe your Supported Device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization.
7. SUSPENSION; CANCELLATION
You may remove your Mobile Wallet from your device any time.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY MOBILE WALLET IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY MOBILE WALLET IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND Famacash ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY MOBILE CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MOBILE CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A MOBILE WALLET WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A MOBILE WALLET WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A MOBILE WALLET WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Famacash, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.
ACCESS, USE AND MAINTENANCE OF A MOBILE WALLET DEPEND ON THE MOBILE PAYMENT SERVICES AND THE NETWORKS OF WIRELESS CARRIERS. FAMACASH DOES NOT OPERATE THE DEVICE MANUFACTURER’S PAYMENT SERVICES OR SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY MOBILE WALLET, SUCH AS UNAVAILABILITY OF THE PAYMENT SERVICES OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. FAMACASH DISCLAIMS ANY RESPONSIBILITY FOR THE MOBILE PAYMENT SERVICES OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A MOBILE WALLET.
USE OF A MOBILE WALLET INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED DEVICE’S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH YOUR DEVICE MANUFACTURER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM FAMACASH OVER THE INTERNET FROM YOUR SUPPORTED DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO “SECURE SESSIONS” THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE SELECT.
WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE MOBILE PAYMENT SERVICES. WE ALSO ARE NOT RESPONSIBLE FOR YOUR SUPPORTED DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.
9. LIMITATION OF LIABILITY