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
Disputes and Liabilities
Privacy and Security
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:
- any errors, acts or omissions in the technical operation or content of the Digital Wallet
- the Digital Wallet and any data or content therein, or any products or services made available through the Digital Wallet
- any action taken in connection with an investigation by Extraco, law enforcement or other authorities regarding your use of the Digital Wallet
- any other cause relating to your access to, inability to access, or use of the Digital Wallet
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.