These Terms & Conditions (“Terms”) govern the use of your Foresight Bank credit card (“Card”) within a mobile wallet application (“Mobile Wallet”). By adding your Card to the Mobile Wallet, you agree to these Terms. These Terms apply when the Cardholder chooses to add a Foresight Bank credit card to a Mobile Wallet. When adding a Card to a Mobile Wallet, the Cardholder agrees to these Terms and Conditions. The Cardholder understands that their use of the Mobile Wallet will also be subject to agreements or terms of use with the relevant Mobile Wallet provider or other third parties such as wireless companies or data service providers.
Definitions
Adding a Bank Card
The Cardholder can add an eligible Card to a Mobile Wallet by following the instructions of the Mobile Wallet Provider. Only Cards that the Bank indicates are eligible can be added to a Mobile Wallet. If the Card or underlying account is not in good standing, the Card will not be eligible to enroll in a Mobile Wallet. When the Cardholder adds a Card to a Mobile Wallet, the Mobile Wallet allows the Cardholder to use the Card to enter into transactions where the Mobile Wallet is accepted. The Mobile Wallet may not be accepted outside of the United States or at all places where the Card is accepted.
You must follow the authentication process required by the Mobile Wallet, including setting up a secure PIN, biometric data, or password. We do not charge for OTP messages, but your data service provider's or wireless carrier's message and data rates may apply. We are not liable for losses or damages from non-delivery, delayed delivery, or misdirected delivery OTP messages.
Bank Card Terms Do Not Change/Applicable Fees
The terms, agreements, and disclosures that govern the Card do not change when a Card is added to a Mobile Wallet. The Mobile Wallet simply provides another way for the Cardholder to make purchases with the Card. Any applicable interest, fees and charges that apply to the Card will also apply when the Cardholder uses the Mobile Wallet to access the Card. The Bank does not charge any additional fees for adding a Card to the Mobile Wallet or using a Card in the Mobile Wallet. The Mobile Wallet provider and other third parties such as wireless companies or data service providers may charge fees. The Cardholder is responsible for all such fees and agreements set forth by the Mobile Wallet provider and other third-party providers
Devices
The Cardholder is responsible for selecting the device, the service provider for the device, and for paying any fees or other charges that the service provider may charge. It is the responsibility of the Cardholder to obtain and properly use a device that is compatible with the services.
Security
Storing account numbers, passwords or codes on any device, using any account numbers, passwords or codes in any verbal communications, or using any device in a public place such as an airport, hotel, concert, or sports facility, may result in interception and misuse of that information by a third party. The Bank cannot prevent interception by third parties of any communications made by a device. The Bank has no responsibility for any losses resulting from information that a third party may obtain by intercepting communications made through a device or by accessing data that Customer may store on a device. The Bank is not responsible if there is a security breach affecting any information collected, stored or sent in connection with the Mobile Wallet.
The Cardholder agrees to protect and keep confidential their User ID, passwords, and all other information required for the Cardholder to make purchases with their Card using the Mobile Wallet. If the Cardholder shares these credentials with others, they may be able to access their Mobile Wallet and make purchases with their Card or obtain their personal information. We will not be liable for any losses the Cardholder incurs except as specifically described in the Cardholder Agreement or as otherwise provided by law. The Mobile Wallet Provider is responsible for the security of information provided to it or stored in the Mobile Wallet. The Bank is not responsible if there is a security breach affecting any information stored in the Mobile Wallet or sent from the Mobile Wallet.
Limits
Any limits placed on the frequency or dollar amount of the Card transactions will also apply to Mobile Wallet transactions.
Contacting the Cardholder Electronically
The Cardholder consents to receive electronic communications from the Bank in connection with the Card and the Mobile Wallet. The Cardholder agrees that the Bank can contact the Cardholder by email at any email address provided to us by the Cardholder in connection with any Bank account. It may include contact from companies working on behalf of the Bank to service the Cardholder's accounts. The Cardholder agrees to update contact information with the Bank when it changes.
Transaction History
Transactions made using the Mobile Wallet will be treated as transactions on your Card account and subject to the Cardholder Agreement.
Cardholder agrees and acknowledges that the transaction history displayed in the Mobile Wallet solely represents the Bank's authorization of Cardholder's Mobile Wallet transaction and may not reflect complete information about the transaction, nor any post-authorization activity, including but not limited to clearing, settlement, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for the Mobile Wallet's provider's transaction history in connection with use of the Card in the Mobile Wallet may be preliminary and/or incomplete and may not match the transaction amount that ultimately clears, settles, and posts to the Card account’s billing or monthly statement, which shall be deemed the prevailing document.
Removing a Bank card from the Mobile Wallet
The Cardholder should contact the Mobile Wallet provider on how to remove a Card from the Mobile Wallet. The Bank can also block a Card in the Mobile Wallet from purchases at any time. The Bank or Mobile Wallet provider may suspend or terminate your ability to use the Card in the Mobile Wallet at any time, including but not limited to:
Account Ownership/Accurate Information
The Cardholder represents that they are the legal owner of the account and other financial information which may be accessed via the Mobile Wallet. The Cardholder represents and agrees that all information provided in connection with the Mobile Wallet is accurate, current, and complete and that the Cardholder has the right to provide such information to the Bank for the purpose of operating the Mobile Wallet. The Cardholder agrees not to misrepresent their identity or account information and to keep their account information confidential, up to date and accurate. The Cardholder represents that they are the authorized user of the device they will use to access the Mobile Wallet.
Merchant Disclaimers
Merchants may offer Cardholder certain discounts, rebates or other benefits through the Mobile Wallet. The Bank will not be liable for any loss or damage as a result of any interaction between Cardholder and a merchant with respect to such offers. Subject to this Agreement and applicable law, all matters including delivery of goods and services, returns, and warranties, are solely between Cardholder and the applicable merchants. Cardholder acknowledges that the Bank does not endorse or warrant the merchants that are accessible through Mobile Wallet or the offers that they provide.
If Cardholder's Mobile Device is Lost or Stolen
If Cardholder's device is lost or stolen, or they have reason to believe that their device has been compromised, contact the Bank immediately so that the Bank can take action to disable the Card for use within the Mobile Wallet. If Cardholder fails to notify the Bank, you may be liable for all or a portion of the losses associated with unauthorized use of the Card whether that use was through Cardholder's Mobile Wallet or not. Transactions made with your Mobile Wallet will be governed by the fraud protection terms outlined in the Cardholder Agreement.
Governing Law and Disputes
These Terms are governed by federal law and, to the extent that state law applies, the laws of the state that apply to the agreement under which a Bank card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in the Cardholder's Bank card agreement.
Ending or Changing these Terms; Assignments
The Bank can terminate these Terms at any time. The Bank can also change these Terms, or add or delete any items in these Terms, at any time. The Bank will provide notice if required by law. The Bank can also assign these Terms. The Cardholder cannot change these Terms but can terminate these Terms at any time by removing all Cards from the Mobile Wallet. The Cardholder may not assign these Terms.
Privacy
The privacy and the security of the Cardholder's information are important to the Bank. The Cardholder agrees that the Bank may share Cardholder information with the Mobile Wallet provider, a payment network, and others in order to provide the services the Cardholder has requested, to make information available to the Cardholder about Card transactions, and to improve the Bank's ability to offer these services. The Bank does not control the privacy and security of the Cardholder's information that may be held by the Mobile Wallet provider, and that is governed by the privacy policy given to the Cardholder by the Mobile Wallet provider.
Notices
The Bank can provide notices to the Cardholder concerning these Terms and use of a Card in the Mobile Wallet through electronic notices given to any electronic mailbox the Bank maintains for the Cardholder or to any other email address or telephone number provided to us by the Cardholder, or by contacting the Cardholder at the current address on file. The Cardholder may contact the Bank at: (815) 362-2310. The Bank will provide advance notice of these changes if required to do so under applicable laws. The Cardholder agrees to any such changes by continuing to keep a Card in the Mobile Wallet. If Cardholder does not accept a change to these Terms, they must remove all Cards from all Mobile Wallets.
The Bank is Not Responsible for the Mobile Wallet
The Bank is not the provider of the Mobile Wallet and is not responsible for providing the Mobile Wallet service to the Cardholder. The Bank is only responsible for supplying information securely to the Mobile Wallet provider to allow usage of the Card in the Mobile Wallet. The Bank is not responsible for any failure of the Mobile Wallet or the inability to use the Mobile Wallet for any transaction. The Bank is not responsible for the performance or non-performance of the Mobile Wallet provider or any other third parties regarding any agreement the Cardholder enters into with the Mobile Wallet provider or associated third party relationships that may impact the Cardholder’s use of the Mobile Wallet. The Bank is also not responsible for any loss, injury or inconvenience the Cardholder suffers as a result of a merchant refusing to accept the Mobile Wallet.
Limitation of Liability; No Warranties
The Bank is not and shall not be liable for any loss, damage or injury or for any direct, indirect, special, incidental, exemplary or consequential damages, including lost profits, arising from or related to the Cardholder adding the Card to a Mobile Wallet, or access, or use of a Mobile Wallet. To the fullest extent permitted by law, the Bank disclaims all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability and fitness for particular purpose, title and non-infringement of proprietary rights) as to any and all Mobile Wallets and all Information, products and other content included in or accessible from the Mobile Wallets.
Questions
If the Cardholder has any questions, disputes, or complaints about the Mobile Wallet, the Cardholder should contact the Mobile Wallet provider using the information given by the provider. If the question, dispute, or complaint is about the Cardholder’s Card, contact Customer Service using the phone number on the back of your card.
Acknowledgment
By adding your Card to a Mobile Wallet, you acknowledge that you have read, understood, and agreed to these Terms.
Definitions
- “Card”: Your Foresight Bank credit card.
- “Mobile Wallet”: A digital application or service that enables storage of your Card for use in making payments.
- “Bank”: Foresight Bank
- “You” or “Cardholder”: The person authorized to use the Card.
Adding a Bank Card
The Cardholder can add an eligible Card to a Mobile Wallet by following the instructions of the Mobile Wallet Provider. Only Cards that the Bank indicates are eligible can be added to a Mobile Wallet. If the Card or underlying account is not in good standing, the Card will not be eligible to enroll in a Mobile Wallet. When the Cardholder adds a Card to a Mobile Wallet, the Mobile Wallet allows the Cardholder to use the Card to enter into transactions where the Mobile Wallet is accepted. The Mobile Wallet may not be accepted outside of the United States or at all places where the Card is accepted.
You must follow the authentication process required by the Mobile Wallet, including setting up a secure PIN, biometric data, or password. We do not charge for OTP messages, but your data service provider's or wireless carrier's message and data rates may apply. We are not liable for losses or damages from non-delivery, delayed delivery, or misdirected delivery OTP messages.
Bank Card Terms Do Not Change/Applicable Fees
The terms, agreements, and disclosures that govern the Card do not change when a Card is added to a Mobile Wallet. The Mobile Wallet simply provides another way for the Cardholder to make purchases with the Card. Any applicable interest, fees and charges that apply to the Card will also apply when the Cardholder uses the Mobile Wallet to access the Card. The Bank does not charge any additional fees for adding a Card to the Mobile Wallet or using a Card in the Mobile Wallet. The Mobile Wallet provider and other third parties such as wireless companies or data service providers may charge fees. The Cardholder is responsible for all such fees and agreements set forth by the Mobile Wallet provider and other third-party providers
Devices
The Cardholder is responsible for selecting the device, the service provider for the device, and for paying any fees or other charges that the service provider may charge. It is the responsibility of the Cardholder to obtain and properly use a device that is compatible with the services.
Security
Storing account numbers, passwords or codes on any device, using any account numbers, passwords or codes in any verbal communications, or using any device in a public place such as an airport, hotel, concert, or sports facility, may result in interception and misuse of that information by a third party. The Bank cannot prevent interception by third parties of any communications made by a device. The Bank has no responsibility for any losses resulting from information that a third party may obtain by intercepting communications made through a device or by accessing data that Customer may store on a device. The Bank is not responsible if there is a security breach affecting any information collected, stored or sent in connection with the Mobile Wallet.
The Cardholder agrees to protect and keep confidential their User ID, passwords, and all other information required for the Cardholder to make purchases with their Card using the Mobile Wallet. If the Cardholder shares these credentials with others, they may be able to access their Mobile Wallet and make purchases with their Card or obtain their personal information. We will not be liable for any losses the Cardholder incurs except as specifically described in the Cardholder Agreement or as otherwise provided by law. The Mobile Wallet Provider is responsible for the security of information provided to it or stored in the Mobile Wallet. The Bank is not responsible if there is a security breach affecting any information stored in the Mobile Wallet or sent from the Mobile Wallet.
Limits
Any limits placed on the frequency or dollar amount of the Card transactions will also apply to Mobile Wallet transactions.
Contacting the Cardholder Electronically
The Cardholder consents to receive electronic communications from the Bank in connection with the Card and the Mobile Wallet. The Cardholder agrees that the Bank can contact the Cardholder by email at any email address provided to us by the Cardholder in connection with any Bank account. It may include contact from companies working on behalf of the Bank to service the Cardholder's accounts. The Cardholder agrees to update contact information with the Bank when it changes.
Transaction History
Transactions made using the Mobile Wallet will be treated as transactions on your Card account and subject to the Cardholder Agreement.
Cardholder agrees and acknowledges that the transaction history displayed in the Mobile Wallet solely represents the Bank's authorization of Cardholder's Mobile Wallet transaction and may not reflect complete information about the transaction, nor any post-authorization activity, including but not limited to clearing, settlement, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for the Mobile Wallet's provider's transaction history in connection with use of the Card in the Mobile Wallet may be preliminary and/or incomplete and may not match the transaction amount that ultimately clears, settles, and posts to the Card account’s billing or monthly statement, which shall be deemed the prevailing document.
Removing a Bank card from the Mobile Wallet
The Cardholder should contact the Mobile Wallet provider on how to remove a Card from the Mobile Wallet. The Bank can also block a Card in the Mobile Wallet from purchases at any time. The Bank or Mobile Wallet provider may suspend or terminate your ability to use the Card in the Mobile Wallet at any time, including but not limited to:
- Suspected fraud.
- Account delinquency or default.
- Violation of these Terms or the Cardholder Agreement.
Account Ownership/Accurate Information
The Cardholder represents that they are the legal owner of the account and other financial information which may be accessed via the Mobile Wallet. The Cardholder represents and agrees that all information provided in connection with the Mobile Wallet is accurate, current, and complete and that the Cardholder has the right to provide such information to the Bank for the purpose of operating the Mobile Wallet. The Cardholder agrees not to misrepresent their identity or account information and to keep their account information confidential, up to date and accurate. The Cardholder represents that they are the authorized user of the device they will use to access the Mobile Wallet.
Merchant Disclaimers
Merchants may offer Cardholder certain discounts, rebates or other benefits through the Mobile Wallet. The Bank will not be liable for any loss or damage as a result of any interaction between Cardholder and a merchant with respect to such offers. Subject to this Agreement and applicable law, all matters including delivery of goods and services, returns, and warranties, are solely between Cardholder and the applicable merchants. Cardholder acknowledges that the Bank does not endorse or warrant the merchants that are accessible through Mobile Wallet or the offers that they provide.
If Cardholder's Mobile Device is Lost or Stolen
If Cardholder's device is lost or stolen, or they have reason to believe that their device has been compromised, contact the Bank immediately so that the Bank can take action to disable the Card for use within the Mobile Wallet. If Cardholder fails to notify the Bank, you may be liable for all or a portion of the losses associated with unauthorized use of the Card whether that use was through Cardholder's Mobile Wallet or not. Transactions made with your Mobile Wallet will be governed by the fraud protection terms outlined in the Cardholder Agreement.
Governing Law and Disputes
These Terms are governed by federal law and, to the extent that state law applies, the laws of the state that apply to the agreement under which a Bank card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in the Cardholder's Bank card agreement.
Ending or Changing these Terms; Assignments
The Bank can terminate these Terms at any time. The Bank can also change these Terms, or add or delete any items in these Terms, at any time. The Bank will provide notice if required by law. The Bank can also assign these Terms. The Cardholder cannot change these Terms but can terminate these Terms at any time by removing all Cards from the Mobile Wallet. The Cardholder may not assign these Terms.
Privacy
The privacy and the security of the Cardholder's information are important to the Bank. The Cardholder agrees that the Bank may share Cardholder information with the Mobile Wallet provider, a payment network, and others in order to provide the services the Cardholder has requested, to make information available to the Cardholder about Card transactions, and to improve the Bank's ability to offer these services. The Bank does not control the privacy and security of the Cardholder's information that may be held by the Mobile Wallet provider, and that is governed by the privacy policy given to the Cardholder by the Mobile Wallet provider.
Notices
The Bank can provide notices to the Cardholder concerning these Terms and use of a Card in the Mobile Wallet through electronic notices given to any electronic mailbox the Bank maintains for the Cardholder or to any other email address or telephone number provided to us by the Cardholder, or by contacting the Cardholder at the current address on file. The Cardholder may contact the Bank at: (815) 362-2310. The Bank will provide advance notice of these changes if required to do so under applicable laws. The Cardholder agrees to any such changes by continuing to keep a Card in the Mobile Wallet. If Cardholder does not accept a change to these Terms, they must remove all Cards from all Mobile Wallets.
The Bank is Not Responsible for the Mobile Wallet
The Bank is not the provider of the Mobile Wallet and is not responsible for providing the Mobile Wallet service to the Cardholder. The Bank is only responsible for supplying information securely to the Mobile Wallet provider to allow usage of the Card in the Mobile Wallet. The Bank is not responsible for any failure of the Mobile Wallet or the inability to use the Mobile Wallet for any transaction. The Bank is not responsible for the performance or non-performance of the Mobile Wallet provider or any other third parties regarding any agreement the Cardholder enters into with the Mobile Wallet provider or associated third party relationships that may impact the Cardholder’s use of the Mobile Wallet. The Bank is also not responsible for any loss, injury or inconvenience the Cardholder suffers as a result of a merchant refusing to accept the Mobile Wallet.
Limitation of Liability; No Warranties
The Bank is not and shall not be liable for any loss, damage or injury or for any direct, indirect, special, incidental, exemplary or consequential damages, including lost profits, arising from or related to the Cardholder adding the Card to a Mobile Wallet, or access, or use of a Mobile Wallet. To the fullest extent permitted by law, the Bank disclaims all representations, warranties and conditions of any kind (express, implied, statutory or otherwise, including but not limited to the warranties of merchantability and fitness for particular purpose, title and non-infringement of proprietary rights) as to any and all Mobile Wallets and all Information, products and other content included in or accessible from the Mobile Wallets.
Questions
If the Cardholder has any questions, disputes, or complaints about the Mobile Wallet, the Cardholder should contact the Mobile Wallet provider using the information given by the provider. If the question, dispute, or complaint is about the Cardholder’s Card, contact Customer Service using the phone number on the back of your card.
Acknowledgment
By adding your Card to a Mobile Wallet, you acknowledge that you have read, understood, and agreed to these Terms.