Effective AUG 29, 2023
These Terms of Use ("Terms") govern the use of your debit card ("Card"), issued by Community Federal Savings Bank, Member FDIC ("Bank"), and branded with the marks of both the Bank and Modak Communities Operating Holdings Inc., a Delaware corporation ("Company"), when integrated into an electronic wallet or third-party digital payment service, such as Apple Pay, Google Pay, or Samsung Pay ("Digital Wallet"). The terms "we," "us," and "our" refer collectively to the Bank, its affiliates, service providers, and agents. These Terms apply to you and any other individuals you authorize to use your Card through the Digital Wallet.
By adding or using your Card within a Digital Wallet, you acknowledge and agree to these Terms, which also incorporate the terms set forth by the third-party Digital Wallet provider. If you disagree with these Terms, do not add or use your Card within a Digital Wallet. We reserve the right to modify these Terms or introduce additional eligibility criteria for our Digital Wallet services at any time, with or without notice, as permitted by law. Your continued use of the Digital Wallet after any changes signifies your acceptance of the updated Terms.
To add your Card to a Digital Wallet, follow the instructions provided by the Digital Wallet provider, ensuring you are using a compatible device. During the enrollment process, additional verification steps may be required, and a unique identifier, different from your Card number, may be generated for use within the Wallet.
If your Card is not in good standing or your account is frozen, you will be unable to add it to a Digital Wallet, or it may be deactivated if already added. Usage of your Card through the Digital Wallet is subject to acceptance by participating retailers and may not support all features of your physical Card.
When using a Digital Wallet, these Terms are in addition to and do not replace any existing agreements you have with us, your mobile service provider, or the Digital Wallet provider. Your use of the Card through the Digital Wallet remains subject to the Cardholder Agreement, Privacy Policies, and other relevant terms, including any associated fees or charges. In the event of any conflict between these Terms and your Cardholder Agreement, the latter will prevail. Note that while we do not charge for adding your Card to a Digital Wallet, the Digital Wallet provider or related third parties may impose fees or limitations, and you are responsible for adhering to all such agreements.
You acknowledge and agree that we do not serve as a Digital Wallet Provider and, therefore, bear no responsibility for any products or services associated with the Digital Wallet. Consequently, any disputes arising from the use of the Digital Wallet or related third-party services, such as those provided by your mobile carrier, must be resolved directly with the respective provider. Such disputes may include, but are not limited to, payment failures, errors, or delays in processing transactions through the Digital Wallet. We disclaim all liability for the security, accuracy, legality, or appropriateness of the Digital Wallet’s content, functionality, or any third-party products and services connected to it.
You agree to receive notifications regarding your account activity and marketing messages through the Digital Wallet. You can manage these notifications through your device’s settings or as per the Digital Wallet provider’s procedures.
The transaction history displayed within a Digital Wallet is intended for reference only and may be preliminary or incomplete. You acknowledge and agree that the transaction amount that ultimately clears, settles, and posts to your Card’s monthly statement is the final and authoritative record, even if it differs from the details shown in the Digital Wallet’s transaction history.
Certain Digital Wallets can only be used with devices that meet specific manufacturer guidelines. Devices that have been modified contrary to these guidelines, such as through "jailbreaking," are not supported. The use of such modified devices with your Card in connection with a Digital Wallet is strictly prohibited, constitutes a violation of these Terms, and may result in the denial of access to your Card through the Digital Wallet.
If you believe your device or credentials have been lost, stolen, or compromised, or suspect unauthorized use, you must contact us immediately using the number on the back of your Card and follow any additional instructions from the Digital Wallet provider. Failure to promptly notify us may result in liability for any unauthorized transactions. If your physical Card is lost or stolen, but your device is not, the information on your reissued Card may be automatically updated in the Digital Wallet. In such cases, you may be required to present your device to a merchant to return items purchased with the Digital Wallet.
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.
By using your Card in a Digital Wallet, you consent to our collection, transmission, storage, and use of technical, location, login, and other related information. You also agree that we may share specific details of your Card transactions made through the Digital Wallet with the Digital Wallet provider, merchants, payment networks, and other relevant parties to facilitate the services you request, provide you with transaction information, and enhance our service offerings. This data is essential for enabling and maintaining your Card within the Digital Wallet.
We will collect, use, share, and protect your personal information in accordance with our Company Privacy Policy and, where applicable, the Modak Communities Operating Holdings Inc. Privacy Policy, which you can review here. While we are committed to safeguarding your data, please note that we do not control the privacy and security practices of the Digital Wallet Provider. Any personal information you provide directly to a Digital Wallet Provider, payment network, or other third parties involved with the Digital Wallet will be governed by their respective privacy policies. To the fullest extent permitted by law, we disclaim liability for the handling of your personal information by these third parties.
You consent to receive electronic communications and disclosures from us, including automatically dialed calls or text messages, at the phone number you provide. Additionally, you agree that we may contact you via email at any address you have provided in connection with any of our products, services, or accounts, or through the mobile device where you have downloaded the Company Mobile app, accessed the Company website, or used a Digital Wallet. This contact may include communications from companies working on our behalf to manage your accounts. You are responsible for keeping your contact information up to date. If you revoke this consent at any time, we may suspend or terminate your ability to use your Card within a Digital Wallet.
Merchants may present certain discounts, rebates, or other benefits (such as free shipping) ("Offers") through a Digital Wallet. These Offers are subject to specific terms and conditions and may be modified or withdrawn at any time without prior notice. We are not responsible for any loss or damage arising from your interactions with merchants regarding these Offers. Except as required by applicable law or outlined in your Cardholder Agreement, all matters related to the purchase of goods and services, including delivery, returns, and warranties, are strictly between you and the merchant. You acknowledge that we do not endorse the merchants or the products and services they offer through the Digital Wallet, nor do we endorse the Offers provided by them.
We reserve the right to amend, remove, or discontinue these Terms at any time without prior notice unless otherwise required by law. Your continued use of a Card in a Digital Wallet after any changes have been made available will signify your acceptance of those changes. Additionally, we may assign these Terms to another party. Subject to applicable law, we may also, at any time, (i) terminate your ability to use a Card with a Digital Wallet, (ii) modify or restrict transaction types or amounts permitted through the Digital Wallet, (iii) alter the eligibility of your Card for use with a Digital Wallet, or (iv) change the authentication process for your Card. While you cannot modify or assign these Terms, you may terminate them at any time by removing your Card from all Digital Wallets.
These Terms are governed by federal law and, where applicable, the laws of the State of New York, without regard to its conflict of law provisions.
In addition to any indemnities outlined in the Cardholder Terms, you agree to indemnify and hold harmless us, the Company, and each of our licensors, sponsors, agencies, subsidiaries, affiliates, officers, and employees from any claims, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from (i) your use of a Digital Wallet or (ii) any breach of these Terms or applicable laws by you or others using your Card or Digital Wallet credentials. You agree to fully cooperate with us in the prosecution or defense of any such claims. We reserve the right, at your expense, to select and appoint counsel to manage any matter subject to your indemnification, while you retain the option, at your own expense, to engage separate counsel to participate in such matters on a non-controlling basis.
As specified in the Cardholder Agreement, you are responsible for all uses of your Card account by third parties to whom you have granted access, including if those third parties misuse your Card or any Digital Wallet services.
Neither we nor the Company shall be liable for any loss, damage, or injury, including any direct, indirect, special, incidental, exemplary, or consequential damages such as lost profits, resulting from or related to your addition of the Card to a Digital Wallet, or your access to or use of a Digital Wallet. To the fullest extent permitted by law, we and the Company disclaim all representations, warranties, and conditions of any kind (whether express, implied, statutory, or otherwise), including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement, regarding any Digital Wallet and any related information, products, or content.
We assume no liability or responsibility for any (a) personal injury or property damage resulting from your use of a Digital Wallet; (b) unauthorized access to or use of our servers and any personal information stored therein; (c) any interruption or cessation of transmission to or from a Digital Wallet; (d) any bugs, viruses, or harmful components that may be transmitted through a Digital Wallet by third parties; or (e) any errors or omissions in any content made available through a Digital Wallet. Our total liability to you for all claims related to these Terms, or your use or inability to use a Digital Wallet, is limited to the lesser of (1) the amount you have paid for access to the Digital Wallet in the 12 months preceding the event causing the claim, or (2) $100.
Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.
If you have any questions, disputes, or complaints regarding the Digital Wallet, please contact the Digital Wallet provider using the contact information they have provided. For any issues related specifically to your Card, reach out to Card support by calling the number found on the back of your Card.
