These Terms and Conditions (the "Terms") apply when you add a MyPoint Credit Union credit card or MyPoint Credit Union debit card to a Mobile Wallet Service. In these Terms, "you" and "your" refer to the cardholder of the MyPoint Credit Union Card, and "we," "us," and "our," refer to MyPoint Credit Union. "Platform Provider" means the third party mobile payment enabler that supports or provides the Mobile Wallet Service to MyPoint Credit Union for your ultimate use. By checking the box entitled "I have read, and I understand and agree to the MyPoint Credit Union Mobile Wallet Service Terms and Conditions," you expressly consent and agree to all terms, conditions, and notices contained herein.
What is a Mobile Wallet Service?
A Mobile Wallet Service ("Mobile Wallet") is a digital wallet platform that allows you to add eligible MyPoint Credit Union Cards to an application using your mobile device, permitting you to make (i) payments at merchants' point-of-sale terminals or readers that accept payments using a mobile Card (in lieu of you presenting your physical Card) and (ii) in-app or other digital commerce payments at participating merchants. Your MyPoint Credit Union Card number is replaced with a digital number or token. Once added, you may use your mobile device to make payments only where the Mobile Wallet is accepted. MyPoint Credit Union is not a provider of the Mobile Wallet and we are not responsible for any failure or inability to perform a transaction using the Mobile Wallet. We are responsible only for supplying information securely to the Platform Provider to allow usage of the MyPoint Credit Union Card in the Mobile Wallet.
Active MyPoint Credit Union Card accounts in good standing, as determined by MyPoint Credit Union in its sole discretion, are eligible to be added to a Mobile Wallet. If your MyPoint Credit Union Card or any associated MyPoint Credit Union account becomes delinquent or is otherwise no longer in good standing, MyPoint Credit Union may remove your MyPoint Credit Union Card from the Mobile Wallet.
Relationship to Existing Agreements:
You agree that when you add your MyPoint Credit Union Card to a Mobile Wallet Service, your MyPoint Credit Union Card and associated account will remain subject to the terms and conditions of all existing agreements with MyPoint Credit Union, including but not limited to the Visa Debit Card Agreement and Visa Credit Card Agreement and corresponding fee schedules (as amended, "Existing Agreements"). We currently do not impose a fee for using your Card through the Mobile wallet but we reserve the right to impose a fee in the future. You acknowledge that certain message and data rates may apply from your wireless service providers and/or wireless carriers which might impact your use of the Mobile Wallet. For example, your mobile service carrier or provider may impose data usage or text charges for your use of or interaction with the Mobile Wallet, including downloading the required software, receiving or sending text messages, or other use of your mobile device when using the software or other products and services provided by the Mobile Wallet. You expressly agree that you are responsible for all such fees and restrictions, and that we may contact you via your mobile device, via e-mail or automatically dialed calls or texts, for any purpose regarding your MyPoint Credit Union accounts, including but not limited to account servicing and collection.
Account Ownership/Accurate Information: You represent that you are the legal owner of the accounts and other financial information which may be accessed via the Mobile Wallet. You represent that all information you provide in connection with the Mobile Wallet is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of operating the Mobile Wallet.
Privacy and security:
You agree to take reasonable precautions to ensure the safety, security and integrity of your account and transactions when using the Mobile Wallet, including any security features and procedures the Platform Provider and your mobile device may contemplate to protect against unauthorized use of any of your MyPoint Credit Union Card(s).
We may make individually identifying information available only in the following circumstances: where ordered by a court or other legal body or where it is lawfully permitted or required; where we have agreed to provide information to vendors and partners to make products and services available to our members; or where you have requested or consented to the disclosure of information. If we disclose information to outside vendors, we will require that they use it only to provide previously agreed to services to our members.
Amendments to these Terms and Conditions:
MyPoint Credit Union may, in its sole discretion, change the Terms, and modify or cancel the Mobile Wallet Service or your eligibility to use your MyPoint Credit Union Card with a Mobile Wallet Service at any time, without notice unless required by applicable law. Your continued use of the Mobile Wallet after such changes have been made constitutes your consent to the revised Terms, even if you have not reviewed such changes. You cannot change the Terms but you may remove your MyPoint Credit Union Cards from the Mobile Wallet. MyPoint Credit Union reserves the right to refuse any transaction for any reason permitted by law.
Disclaimers; Limitation of Liability; Indemnification
YOU UNDERSTAND AND AGREE THAT YOUR USE OF A MOBILE WALLET SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE WALLET IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND MYPOINT CREDIT UNION, ITS EMPLOYEES AND SUPPLIERS, ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS, BUG, MALFUNCTION OR OTHERWISE. MYPOINT CREDIT UNION MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF A MOBILE WALLET.
You will indemnify, defend, and hold us harmless (and our employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, or damages (including reasonable attorneys' fees) arising out of any claim, action, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in the Terms, including any violation of our policies; (b) your wrongful or improper use of the Mobile Wallet, including willful misconduct or fraud; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (d) your violation of any law, rule or regulation of the United States or any other country.
Third Party Agreements:
The Terms only address the terms and conditions that apply to your use of your MyPoint Credit Union Card(s). The Platform Provider, your wireless carrier, and other third party websites or services integrated in the Mobile Wallet Service have their own Third Party Agreements and you are subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective sites. MyPoint Credit Union is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of the Platform Provider's or any third party's products or services.
Merchant Relationship and Disclaimers:
Merchants may present to you certain discounts, rebates or other benefits within the Mobile Wallet Service. Such offers are subject to certain terms and conditions and may change at any time without notice to you. We will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such offers. Subject to applicable law and the Existing Agreements, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through the Mobile Wallet or the offers that they provide.
MyPoint Credit Union's failure to enforce any provision of these Terms or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. If any part of the Terms are found void and unenforceable, it will not affect the validity of the balance of the Terms which shall remain valid and enforceable.
How to Contact MyPoint Credit Union Mobile Wallet Member Service
MyPoint Credit Union
Attn: Member Services,
9420 Farnham Street, San Diego, CA. 92123
Attn: Member Services,
9420 Farnham Street, San Diego, CA. 92123