Terms for Adding Your First Bank Card to a Digital Wallet
These Terms for Adding Your First Bank Card to a Digital Wallet (the "Terms") apply to your use of a First Bank Visa® debit card ("First Bank Card") with a Digital Wallet ("Wallet"). In these Terms, "you" and "your" refer to the cardholder of the First Bank Card, and "we," "us," "our," and "Bank" refers to First Bank.
When you add a First Bank Card to the Wallet, you agree to these Terms:
1. Use of Wallets and First Bank Cards. A Wallet can enable you to create virtual representations of your eligible First Bank Card(s) on your mobile device. This may permit you to make (i) contactless payments at merchants' contactless-enabled point-of-sale terminals or readers that accept contactless payments using your eligible First Bank Card and the Wallet (in lieu of you presenting your physical Eligible Card) and (ii) in-app or other digital commerce payments at merchants participating in the Wallet. 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.
2. Adding Your First Bank Card. You can add an eligible First Bank Card to the Wallet by following the instructions of the Wallet provider. Only First Bank Cards that we indicate are eligible can be added to the Wallet. We may, in our sole discretion and for any reason permitted by law, determine that your First Bank Card is not eligible for enrollment in the Wallet. If you are a minor (i.e. under the age of 18 unless you are in Alabama or Nebraska, where it is defined as under 19, or Puerto Rico or Mississippi, where it is defined as under 21), you need the consent of your parent or guardian to accept these Terms. You represent and warrant that you have this consent and that you otherwise have the capacity to enter into the Terms. When you add a First Bank Card to the Wallet, the Wallet allows you to use the First Bank Card to enter into transactions where the Wallet is accepted. The Wallet may not be accepted at all places where your First Bank Card is accepted.
3. Your First Bank Card Terms Do Not Change. The terms and account agreement that govern your First Bank Card do not change when you add your First Bank Card to the Wallet. The Wallet simply provides another way for you to make purchases with the First Bank Card. First Bank does not charge you any additional fees for adding your First Bank Card to the Wallet or using your First Bank Card in the Wallet. The Wallet provider and other third parties such as wireless companies or data service providers may charge you fees.
4. We Are Not Responsible for Third-Party Wallets. If we are not the provider of the Wallet and are not responsible for providing the Wallet service to you, then we are only responsible for supplying information securely to the third-party Wallet provider to allow usage of the First Bank Card in the third-party Wallet. We are not responsible for any failure of a third-party Wallet or the inability to use the third-party Wallet for any transaction. We are not responsible for the performance or non-performance of the third-party Wallet provider or any other third parties regarding any agreement you enter into with the third-party Wallet provider or associated third-party relationships that may impact your use of the Wallet. You agreed to protect and keep private all information required to use the Third-Party Wallet. Failure to protect this information could allow others to use your First Bank Card and access personal or Card information. Adding your First Bank Card to the Wallet constitutes providing an access device to the operator of the Wallet, and also authorization for subsequent transactions. To revoke this authorization, you must notify us in advance and provide us the opportunity to close and reissue your First Bank Card. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE THIRD PARTY AGREEMENTS BEFORE CREATING, ACTIVATING OR USING A WALLET.
WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THIRD-PARTY WALLETS. 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.
5. You Are Responsible for Reporting Errors. You are responsible for identifying and notifying us of any billing errors that occur as a result of your usage of a Wallet. We will resolve any errors in accordance with the terms and account agreement governing your First Bank Card.
6. Contacting You Electronically and by Email. As permitted by applicable law, you consent to receive electronic communications and disclosures from us in connection with your First Bank 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 First Bank Card. It may include contact from companies working on our behalf to service your accounts. You agree to update your contact information with us when it changes.
7. Removing Your First Bank Card from the Wallet. You should contact the Wallet provider on how to remove a First Bank Card from the Wallet. Your authorization for transactions through the Wallet is not revoked until you notify us in advance and provide us the opportunity to close and reissue your First Bank Card.
8. 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 apply to the agreement under which your First Bank Card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in your First Bank Visa Card Agreement.
9. Ending or Changing these Terms; Assignments. We can end or suspend your ability to use your First Bank Card from a Wallet at anytime and reserve the right to reject or block any Wallet transactions. We also 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. IF YOU DO NOT ACCEPT ANY REVISIONS MADE TO THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF AND DELETE ALL FIRST BANK CARDS IN THE WALLET. You cannot change these terms, but you can terminate these Terms at any time by removing all First Bank Cards from the Wallet. We can also assign these Terms. You may not assign these Terms.
10. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY FIRST BANK CARD AND RELATED INFORMATION FOR USE WITH A 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 FIRST BANK HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY FIRST BANK CARD AND RELATED INFORMATION FOR USE WITH A WALLET, EITHER EXPRESS, IMPLIED OR STATUTORY.
USE OF A FIRST BANK CARD AND RELATED INFORMATION FOR USE WITH A 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. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM FIRST BANK 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.
This Section 10 shall survive any termination of these Terms.
11. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL FIRST BANK, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY FIRST BANK CARD IN CONJUNCTION WITH A NON-FIRST BANK WALLET, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This Section 11 shall survive any termination of these Terms.
12. License. ANY INFORMATION REGARDING ANY FIRST BANK CARD WE PROVIDE IN CONJUNCTION WITH A WALLET IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THESE TERMS. FIRST BANK RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the information we provide regarding any First Bank Card for use with a Wallet solely in accordance with these Terms of Use. The license is limited to use on any supported devices that you own or control and as permitted by any applicable third party agreements.
Certain software that First Bank uses to provide the information regarding your First Bank Card has been licensed from third parties (each a "Third Party Licensor") that are not affiliated with First Bank. This limited right to use such software is revocable at the discretion of First Bank. First Bank and its Third Party Licensors retain all right, title and interest in and to the software used by First Bank to provide the information regarding your First Bank Card and any modifications and updates thereto. All third party intellectual property marks, including the logos of merchants, are the property of their respective owners.
13. Miscellaneous. Your access to and use of your First Bank Card, and related information, in conjunction with a Wallet is subject to all applicable international, federal, state and local laws and regulations. We reserve the right to seek all remedies available at law and in equity for violations of these Terms. These Terms (including all agreements and policies referenced in these Terms, which are not modified or superseded by these Terms) set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersede any prior or contemporaneous understandings or agreements with respect to such subject matter. 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 First Bank affiliates are third-party beneficiaries of these Terms with the right to enforce them.
The terms of this Section 13 will survive termination of these Terms, together with any other terms which by their nature the parties contemplate should survive.
14. Indemnification. You shall indemnify and hold First Bank, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) your use of any First Bank Card and the Wallet or (ii) any breach of the terms and conditions set forth in these Terms by you, your authorized users of the Wallet using your First Bank Card or credentials. You must use your best efforts to cooperate with us in the prosecution or defense of any such claim.
15. Privacy. Your privacy and the security of your information are important to us. Our Privacy Policy, (available online at: http://www.fbvirginia.com/about-us/bank-policies/privacy/), as applicable, applies to your use of your First Bank Card in the Wallet. You agree that we may share your information with the Wallet provider, a payment network, and others in order to provide the services you have requested, to make information available to you about your First Bank Card transactions, and to improve our ability to offer these services. This information helps us to add your First Bank Card to the Wallet and to maintain the Wallet. We do not control the privacy and security of your information that may be held by the Wallet provider and that is governed by the privacy policy given to you by the Wallet provider.
16. Notices. We can provide notices to you concerning these Terms and your use of a First Bank 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. You may contact us at 888.647.1265.
17. Questions. If you have any questions, disputes, or complaints about the Wallet, contact the Wallet provider using the information given to you by the provider. If your question, dispute, or complaint is about your First Bank Card, then contact us at 888-647.1265.