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Digital Wallet Terms and Conditions

Point & Pay.
Digital Wallet Terms and Conditions

The Digital Wallet Terms and Conditions ("Terms") apply when a Discover debit card ("Discover Card") associated with a deposit account with Extraco Banks, N.A. (“Extraco”, “Extraco Banks”, “us”, “we” ) is added to an electronic wallet that will permit the customer to make (i) contactless payments at merchants' contactless-enabled point-of-sale terminals or readers that accept contactless payments using an electronic wallet (in lieu of you presenting your physical card) and/or (ii) in-app or other digital commerce payments at merchants participating in the electronic wallet ("Digital Wallet"). The Terms apply to you and anyone else you authorize to use your Digital Wallet. Extraco reserves the right to change these Terms at any time without notice as permitted by law. If you do not agree to these Terms, do not use the Discover Card on the Digital Wallet, your continued use of the Digital Wallet and the Discover Card contained therein will be accepted as your consent to the Terms.

 

Use of the Digital Wallet
Adding Your Discover Card. An eligible Extraco Banks Discover Card may be added to the Digital Wallet by following the instructions of the Digital Wallet provider. If your Discover Card is not in good standing or your account is frozen, then the card will not be eligible for upload. If the Discover Card is already in the Digital Wallet when the account is no longer considered to be in good standing, the card may be removed. When the Discover Card is uploaded to the Digital Wallet, the Digital Wallet allows you to use your Discover Card to enter into transactions where Digital Wallet is accepted. The Digital Wallet may not be accepted at all places where your Discover Card is accepted.

Terms that Apply. In addition to these Terms, you agree that when you use the Digital Wallet, you will remain subject to the Terms and Conditions of all existing agreements with Extraco, its affilieates, and/or any unaffiliated service providers, your mobile service carrier (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.), and your Digital Wallet provider (e.g. Apple®). These Terms do not amend or supersede any of those agreements, including but not limited to, your Cardmember Agreement with Extraco or your Deposit Account Agreement with Extraco. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Digital Wallet (for example, your mobile service carrier may impose data usage or test message charges for your use of or interaction with the Digital Wallet), and you agree to be solely responsible for all such fees, limitations and restrictions.

You agree that your mobile service carrier or Digital Wallet provider is solely responsible for its products and services. Accordingly, you agree to resolve any problems with your carrier or Digital Wallet provider directly without involving Extraco. Extraco is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of the Digital Wallet or any third party's products or services.
 
Notifications. You hereby consent to Extraco and/or the Digital Wallet provider sending you notifications through the Digital Wallet from time to time reflecting your Discover Card account activity and/or marketing messages. If you do not wish to receive notifications, you may turn off these notifications through the device settings on your mobile phone or by the procedures established by your Digital Wallet provider. However, some notifications may not be able to be unsubscribed from (e.g fraud alerts, suspicious account activity, etc.).

Suspension/Removal of a Card. Extraco reserves the right to discontinue offering or supporting the Digital Wallet for any reason. Unauthorized use of the Digital Wallet, including, but not limited to, unauthorized entry into Extraco’s systems, misuse of passwords or misuse of any other information, is strictly prohibited and will result in suspension and/or termination of your use of the Digital Wallet. You may not use the Digital Wallet in any manner that could damage, disable, overburden, or impair the service. Extraco may block, restrict, suspend or terminate your use of the Digital Wallet at any time without notice and for any reason, including if you violate these Terms or any other agreements with Extraco, except as otherwise required by applicable law. You agree that Extraco will not be liable to you or any third party for any suspension, cancellation or termination of your use of the Digital Wallet.
 
If at any point you wish to remove your Discover Card from the Digital Wallet, please contact the Digital Wallet provider on how to remove your card from the system.

Disputes and Liabilities
If you enroll in a Digital Wallet service and your device is lost or stolen, or you have reason to believe that your device has been compromised, including that of your fingerprint reader, PIN, or other security device, you agree to contact us immediately so that we can take action to disable your Card from use. Given that your device can be used like a physical Card to make purchases, you must notify us in the event your device is lost or stolen with the same urgency as if your actual Discover Card is lost, compromised, or stolen. If you fail to notify us you may be liable for all or a portion of the losses associated with unauthorized use of your Mobile Card whether that use was through the Digital Wallet service or not. Your rights, responsibilities, the process to inquire and submit questions, report errors and dispute transactions, and liability for unauthorized use of your Extraco Banks Discover Debit Card are set forth in the Extraco Banks Discover Debit Card Agreement, Disclosures, and the Extraco Banks TISA. Please refer to those agreements and disclosures for complete information and details regarding disputes and liabilities
 
Lost, Stolen or Unauthorized Use of your Supported Device. If your Supported Device or your credentials have been lost, stolen, or compromised or you believe that someone has used or may use your Supported Device or your credentials without your authorization call Extraco Banks immediately at 866.398.7226, or notify us via Secure Messaging at www.extracobanks.com, or by visiting one of our branches. You further agree to cooperate with us in any investigation and use any fraud prevention or other related measures we suggest. Your Supported Device may contain certain security features and procedures to protect against unauthorized use of any of your Mobile Card(s). These features and procedures are the sole responsibility of your Supported Device.

Privacy and Security
The personal information you provide when loading your Discover Card into the Digital Wallet will be shared with the Digital Wallet provider and Extraco. When you use the Discover Card within the Digital Wallet, you will share transaction information with the Digital Wallet provider in addition to Extraco. You agree that by using the Digital Wallet, you hereby consent to Extraco sharing information (including information that may personally identify you) with the Digital Wallet provider in order to facilitate Digital Wallet transactions you have initiated. You further agree that Extraco may share non-personal information with the Digital Wallet provider to improve the Digital Wallet service. This information helps Extraco add your Discover Card to the Digital Wallet and to maintain the Digital Wallet. Extraco does not control the privacy and security of your information that may be held by the Digital Wallet provider, that is governed by the privacy policy given to you by the Digital Wallet provider. For additional information on Extraco Banks’ privacy practices, please go to https://www.extracobanks.com/privacy-and-security.
 
 
You agree to protect and keep confidential your third party user ids and passwords and all other information required for you to make purchases with your Digital Wallet. If these credentials are shared with others, they may be able to access your Digital Wallet and make purchases for which you are responsible. You will secure all mobile devices used with a Digital Wallet as you would your Discover Card. After the Discover Card is added to the Digital Wallet, your mobile devices may act as if it were your Discover Card in some circumstances.  Your Cardmember Agreement requires you to contact us promptly if you believe there are errors or if you suspect fraud with your Discover Card. Third party Digital Wallet providers are responsible for the security of information provided to them or stored in their Digital Wallet. Extraco is not responsible for a security breach affecting any information stored in the Digital Wallet. Extraco takes reasonable steps to help ensure that information that it sends to a Digital Wallet is sent in a secure manner.
 
Disclaimer of Warranty and Limitation of Liability

The information, products and services on the Digital Wallet are provided on an "AS IS," and "AS AVAILABLE" basis. Extraco does not warrant the information or services provided herein or your use of the Digital Wallet generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Extraco will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Digital Wallet. Extraco cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you through the Digital Wallet for any particular purpose.

Neither Extraco, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Digital Wallet, or resulting in any way from or in connection with:

  1. any errors, acts or omissions in the technical operation or content of the Digital Wallet
  2. the Digital Wallet and any data or content therein, or any products or services made available through the Digital Wallet
  3. any action taken in connection with an investigation by Extraco, law enforcement or other authorities regarding your use of the Digital Wallet
  4. any other cause relating to your access to, inability to access, or use of the Digital Wallet
Regardless of whether the circumstances giving rise to such cause may have been within the control of Extraco or of any vendor providing software or services. In no event will Extraco or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages or any other damages of any kind even if Extraco or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Extraco Banks cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.

 

IN NO EVENT WILL EXTRACO OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, AS SOME OF THE ABOVE MAY NOT APPLY TO YOU.

BY ACCESSING THIS DIGITAL WALLET, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD EXTRACO AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY LOCAL, STATE, FEDERAL OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE DIGITAL WALLET; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (G) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN EXTRACO'S DEFENSE OF ANY CLAIM. EXTRACO RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN CONSENT OF EXTRACO.

Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of the Digital Wallet must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. These Terms constitute the entire agreement between Extraco and you with respect to the Digital Wallet; furthermore these terms supersede all prior or contemporaneous communications, agreements and understandings between Extraco and you in regards to the Digital Wallet.