Effective OCT 02, 2024
These Terms of Use (“Terms”) govern your use of your eligible Modak VISA Debit Card (“Card”) issued by Community Federal Savings Bank (“Bank”) when you add, attempt to add, or use your Card in a digital wallet provided by a third party (such as Apple Pay, Google Pay, Samsung Pay, Amazon, PayPal, Venmo, etc.), or a merchant-branded website or digital wallet where your Card information is stored for future use (each, a “Digital Wallet”).
“We”, “our” and “us” refers to the Bank. “Program Manager” refers to the Bank’s program partner responsible for managing the Card and providing customer service to you (directly or through its service providers) on the Bank’s behalf. “You”, “your” or “yourself” refers to the person to which we issued the Card, or any person who we, in our sole discretion, approve to accept or use your Card.
1) Adding Your Card to a Digital Wallet: To add your Card to a Digital Wallet, you must link your Card with that Digital Wallet by following the instructions of the provider of the Digital Wallet or another third party supporting the Digital Wallet (collectively, the “Digital Wallet Provider”). You may be required to take additional steps to authenticate yourself or the Card before your Card is added to the Digital Wallet. We may not add a Card to your Digital Wallet if we cannot authenticate the Card or if we otherwise suspect that there may be fraud associated with the Card.
You may only use a Digital Wallet with a compatible device, as determined by the Digital Wallet Provider (“Compatible Device”).
If you request to add your Card to a Digital Wallet, you authorize us to collect, transmit, store, use and share information with third parties (including, but not limited to, the Digital Wallet Provider and applicable payment card networks) about you, your Card, your Compatible Device, and your use of the Card to the extent necessary to effectuate the addition of your Card, and the use of your Card, in the applicable Digital Wallet(s) to which you have requested to add your Card.
We reserve the right add or remove the Digital Wallets in which you may add or use your Card in our sole discretion.
2) Using Your Card in a Digital Wallet: Once you add a Card to a Digital Wallet on a Compatible Device, you may use the Compatible Device to make payments utilizing the Card at any merchant that accepts the Digital Wallet and Card, subject to your agreement with the Digital Wallet Provider. By selecting an added Card in the Digital Wallet and using merchant’s contactless-enabled point-of-sale terminal or reader or by using a Card for an in-app or a website purchase, you are authorizing the payment for the applicable merchant’s products or services with that Card in the Digital Wallet. The Digital Wallet may display transaction history, but it does not reflect any post-authorization activities and may not match the actual transaction details that are posted to your Account.
A Digital Wallet may not be accepted at all merchants where your Card is otherwise accepted, and your Card may not be eligible for all the features and functionalities offered by the Digital Wallet.
Any virtual Card we may issue you that is linked with the Digital Wallet may be, in our sole discretion, automatically updated or upgraded without notice to you.
We reserve the right to restrict the use of Cards within a Digital Wallet at any time and for any reason. We may terminate your access to, or use of your Card, with a Digital Wallet at any time and for any reason, including if you violate any of the terms or conditions of these Terms. Some examples of instances where we may take action to restrict or terminate use of your Card in a Digital Wallet include: if we suspect fraud with your Card, you have breached your agreement with us governing the Card, if applicable law changes, or if we are directed to do so by the Digital Wallet Provider or the relevant payment card network.
You may remove your Card from a Digital Wallet by following the Digital Wallet Provider’s procedures for removal.
3) Digital Wallet Provider Agreements: You understand and agree that your use of a Digital Wallet is subject to the terms and conditions set forth by the Digital Wallet Provider with respect to the use of that Digital Wallet. You acknowledge that we are not party to any agreement or the terms and conditions for a Digital Wallet between you and a Digital Wallet Provider, and we do not own and are not responsible for a Digital Wallet.
Your agreement with any Digital Wallet Provider does not impact any agreement governing your Card we have with you. Any use of your Card in or through the Digital Wallet continues to be subject to all terms and conditions of any agreement governing your Card we have with you.
4) Applicable Fees: We do not charge you any additional fees for adding your Card to a Digital Wallet or for using your Card in the Digital Wallet. However, any fees and charges that would apply when you use your Card outside the Digital Wallet will also apply when you use a Digital Wallet to make purchases with your Card or otherwise access your Card.
The Digital Wallet Provider and other third parties (such as wireless companies or data service providers) may charge you fees, and you agree to be responsible for such fees.
5) Limitation of Our Liability: We are not the provider of the Digital Wallet, and we are not responsible for providing the Digital Wallet service to you or for ensuring that your Card is compatible with any Digital Wallet service. We are not affiliated with any Digital Waller Provider, and we do not endorse any Digital Wallet Provider. We do not make any representation or warranty of any kind regarding the performance or operation of your Compatible Device or the Digital Wallet.
Some Digital Wallets may use your palm print, fingerprint, facial map or any other biometric data to recognize you, authenticate your identity, or authorize your transactions, and you understand we do not provide any such technology or services and have no obligation regarding the security of such technology or services. By using such technology or services with a Digital Wallet to conduct any transaction, you are authorizing a transaction on your Card. We are only responsible for supplying information to the Digital Wallet provider to allow usage of your Card in the Digital Wallet as you have requested.
In no event are we responsible for: (i) any failure of the Digital Wallet, any mobile device you use with the Digital Wallet, or the inability to use the Digital Wallet for any transaction or (ii) how the Digital Wallet Provider performs its services or any other third parties regarding any agreement you enter into with the Digital Wallet Provider or other third party. We do not control the privacy and security of any of your information that may be held by the Digital Wallet Provider. Any information held by the Digital Wallet Provider is governed by the Digital Wallet Provider’s privacy policy.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY ARE WE LIABLE FOR ANY LOSSES, CLAIMS, EXPENSES OR DAMAGES RESULTING FROM YOUR USE OF A DIGITAL WALLET, YOUR USE OF THE CARD OR VIRTUAL CARD IN CONNECTION WITH A DIGITAL WALLET, OR A MOBILE DEVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF A CARD PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE AND THE DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK.
6) Security: If you use a Digital Wallet, you should protect your Digital Wallet and your Compatible Device as you would your Card. If your Digital Wallet or Compatible Device is compromised, lost or stolen, you should also consider your Card lost or stolen and notify us immediately. If your physical plastic Card is lost or stolen and your Compatible Device is not lost or stolen, you may be required to add the replacement physical plastic Card to a Digital Wallet. If your Compatible Device is lost or stolen, you will need to add your Card to a Digital Wallet on a new Compatible Device.
7) Compatible Device: You are responsible for the Compatible Device, including its selection, and for all issues relating to the operation, performance and costs associated with such Compatible Device. You authorize your wireless operator and/or us 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 or our privacy policy, to allow verification of your identity and for fraud prevention purposes.
8) Changes to Terms: We may modify these Terms at any time, and we will provide notice to you of any modification to these Terms to the extent required by applicable law. Your continued use of your Card through a Digital Wallet will indicate your acknowledgement of, and intent to be bound by, any modification made to these Terms.
9) Applicable Law: These Terms are governed by, and shall be construed in accordance with, federal law, and to the extent that state law applies, the laws of the State of New York. Disputes arising out of, or related to, these Terms shall be subject to any mandatory arbitration provisions set forth in the separate agreement between you and us governing your Card.
10) Digital Wallet Provider Disclosures:
Apple Pay: For additional information and terms regarding the use of Apple Pay, click here. We do not control or endorse the provisioning or use of Apple Pay.
Google Pay: These Terms do not apply to transactions in Google products that are not initiated or effectuated through the Digital Wallet. Your use of Google Pay is also subject to the terms and conditions set forth in the Google Pay Terms of Service. We do not control or endorse the provisioning or use of Google Pay.
Samsung Pay: Your use of Samsung Pay is also subject to the terms and conditions set forth in the Samsung Pay Terms and Conditions. We do not control or endorse the provisioning or use of Samsung Pay Money Transfer services.
11) Card Deactivation and Service Termination.
We retain the right to discontinue or withdraw support for Digital Wallet services at any time and for any reason. Unauthorized activities, such as improper access to our systems or misuse of login credentials, are strictly prohibited and will result in the suspension or termination of your Digital Wallet access. We may block, restrict, suspend, or terminate your use of any Digital Wallet without prior notice if you violate these Terms or any other agreements with us, except as required by applicable law. We are not liable for any damages or losses arising from the suspension, cancellation, or termination of your Digital Wallet use.
All transactions made with your Card through a Digital Wallet must comply with all relevant federal, state, and local laws and regulations, including tax laws. The use of your Card in a Digital Wallet for fraudulent purposes or in a manner that disrupts the operation of the Digital Wallet is strictly forbidden. For instructions on how to remove your Card from a Digital Wallet, please refer to the Digital Wallet provider's guidelines.
If you have any questions, disputes, or complaints about a Digital Wallet, contact the Digital Wallet Provider using the information given to you by the Digital Wallet Provider. For any issues related specifically to your Card, contact Card support by calling the number found on the back of your Card or by using the Program Manager “Modak Makers” application.