Aplicación Square Cash
Condiciones de servicio para tarjeta bancaria
SQUARE CASH PREPAID CARD PROGRAM AGREEMENT
SQUARE CASH PREPAID CARD PROGRAM AGREEMENT FOR SQUARE CASH CARDHOLDER
(EFFECTIVE APRIL 16, 2019)
SQUARE CASH PREPAID CARD PROGRAM AGREEMENT
Last Updated: April 16, 2019
CUSTOMER SERVICE CONTACT INFORMATION:
Address: Square, Inc., 1455 Market Street, Suite 600, San Francisco, CA 94103, USA, Attn: Customer Support – Legal
Toll-Free Customer Service Number: 1-855-351-2274
IMPORTANT-PLEASE READ CAREFULLY
FOR QUESTIONS OR ASSISTANCE, PLEASE CONTACT CUSTOMER SERVICE AT 1-855-351-2274 OR IN THE SQUARE CASH APP.
TABLE OF CONTENTS
- This Agreement
- Fee Schedule
- Important Information About Opening an Account.
- Your Consent.
- Your Right to Withdraw Consent.
- You Must Keep Your Contact Information Current With Us.
- Copies of Communications.
- Hardware and Software Requirements.
- Participating in the Program.
- Card Account.
- Obtaining A Physical Card.
- Activating Your Virtual Card.
- Activating Your Physical Card
- Setting a PIN & PIN Security.
- Adding your Card to a Digital Wallet.
- Card Security.
- Lost or Stolen Card Number.
- Authorized Users.
- No Secondary Cardholders.
- Using Your Card.
- Cash Access.
- Adding Funds to your Card Account.
- Transaction Limits.
- Transferring Funds from your Card Account to your Cash App.
- Card Account Balance.
- Transaction History.
- Account Alerts.
- Verified Mobile Device
- Preauthorized Transfers.
- No Transactions in Foreign Currencies.
- Replacement Cards on Expiration
- Our Liability to You.
- Errors or Questions About Your Virtual Account Transactions.
- Your Liability for Unauthorized Transactions.
- Unclaimed Property.
- Severability and Waiver.
- Entire Agreement.
- Cancellation and Suspension.
- Business Days.
- Governing Law
- LIMITATION OF LIABILITY.
- DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER
1. This Agreement. This Square Cash Prepaid Card Program Agreement (this “Agreement”) represents an agreement between you and Sutton Bank, member FDIC (the “Bank”), and outlines the terms and conditions governing the Square Cash Prepaid Program (the “Program”). This Agreement supplements but does not replace the Square Terms of Service. In the event of an inconstancy between this Agreement and the Square Terms of Service, this Agreement shall govern and control your Account, use of the Card and your relationship with the Bank. “Card” means the Square Cash Visa® Prepaid Card issued by Bank through which you can obtain funds transferred from your Cash App to the Card Account (See Adding Funds to Your Card Account). Card will be a virtual card represented by a 16-digit account number and a physical card embossed with the same 16-digit number if you choose to receive the physical card (See Obtaining a Physical Card). By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement, as well as the Square Terms of Service between you and Square, Inc. (“Square”). “Card Account” means the records maintained by Bank for each Card to evidence transactions initiated with the Card. “Cash App” means the “Cash App” as defined in the Square Terms of Service. “Square Terms of Service” means the terms of service for participating in the Square Cash program located at https://squareup.com/legal/ua. “You” and “your” mean the person who receive a Card and are authorized to use a Card as provided for in this Agreement. “We,” “us,” and “our” mean the Bank and its successors, affiliates, and assignees. Capitalized terms used and not defined herein shall have the meanings assigned to them in the Square Terms of Service. Please read this Agreement carefully and keep it for future reference.
THIS AGREEMENT INCLUDES, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER AND YOUR AUTHORIZATION FOR THE PAYMENT CARD (AS DEFINED BELOW) TO BE CHARGED FOR ALL FEES ASSOCIATED WITH THE PROGRAM.
2. FEE SCHEDULE
Below is a list of all fees for the Square Cash Prepaid Card. All fees assessed by us are deducted from the available balance in your Card Account. If your Card Account does not have sufficient funds available to cover a fee, the amount of such fee will be deducted from any funds subsequently loaded to your Card Account. The fees that apply to your Card Account are as follows:
|Card Purchase||$0||Fee charged for purchase of the Square Cash Visa Prepaid Card.|
|Secondary Card Purchase Fee||$0||Fee Charged for purchase of secondary Square Cash Visa Prepaid Card.|
Cost to Add Cash
|From your Square Cash Account||$0|
|ATM Withdrawal-In Network||$0||“In-network” refers to the Visa ATM Network.|
|ATM Withdrawal-Out-of-Network||$0||This is our fee. “Out-of-network” refers to all the ATMs outside of the Visa ATM Network. You may also be charged a fee by the ATM operator.|
|Bank Teller Withdrawal||$0||This is our fee. You may also be charged an additional fee by the Bank to conduct the withdrawal.|
|Cash Back at Point of Sale||$0||This is our fee. Retailers may charge additional fees.|
|ATM Decline-In Network||$0||“In-network” refers to the Visa ATM Network.|
|ATM Decline-Out-of-Network||$0||This is our fee. “Out-of-network” refers to all the ATMs outside of the Visa ATM Network. You may also be charged a fee by the ATM operator.|
|Foreign Transaction Fee||$0||This is our fee. You may also be charged a fee by any retailers or financial institutions involved in your transaction.|
|Replacement Card (Standard Delivery)||$0||Per replacement card ordered.|
|Replacement Card (Expedited Delivery)||$0||Per replacement card ordered.|
Your funds will be held at or transferred to Bank. FDIC insurance is not available at this time.
No overdraft/credit feature.
Contact Square Cash Visa Prepaid Card by calling 1-855-351-2274, by mail at Square, Inc., 1455 Market St., Suite 600, San Francisco, CA 94103, USA, Attn: Customer Support - Legal or visit https://cash.app/.
For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
3. IMPORTANT INFORMATION ABOUT OPENING AN ACCOUNT
TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR YOU: WHEN YOU OPEN A CARD ACCOUNT, WE WILL ASK YOU TO PROVIDE YOUR NAME, PHYSICAL ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK YOU TO PROVIDE YOUR SOCIAL SECURITY NUMBER. BY ACCEPTING THE CARD, YOU CONFIRM YOU HAVE AUTHORIZED SQUARE TO PROVIDE US WITH THIS INFORMATION.
CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS.
4. Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.
5. Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by writing to Square, Inc., 1455 Market Street, Suite 600, San Francisco, CA 94103, USA, Attn: Customer Support - Legal (“Square Address”). If you withdraw your consent to receive Communications electronically, we will close your Card Account, and you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
6. You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Cash App.
7. Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
8. Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) a valid email address or phone number; (2) a computer or other mobile device (such as tablet or smart phone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 11 (or higher), Safari 8 (or higher), or Mozilla Firefox 32.0 (or higher), Chrome 35 (or higher), iOS 8 (or higher), or Android 4.4 (or higher); (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.
9. Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating this Agreement on the Square Website or delivering notice of such termination or change electronically.
11. Card. The Card is issued by the Bank. The Card is not a gift card or gift certificate. The Card is not a credit card. The Card remains the property of the Bank and must be surrendered upon demand. The Card cannot be redeemed for cash. The Card is not for resale and may not be transferred or assigned. The Card is not connected in any way to any other account with us. The Card is non-transferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may close your Card Account if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
12. Card Account. You acknowledge and agree that the value available in your Card Account is limited to the funds available in your Cash App. The funds associated with your Card Account are not insured by the Federal Deposit Insurance Corporation. You will not receive any interest on the funds in your Card Account. In addition, you acknowledge and agree that when you have both a virtual Card and a physical Card that both Cards access the same Card Account.
13. Obtaining A Physical Card. You may choose to receive a physical Card only after you have activated your virtual Card. To obtain a physical Card follow the directions provided by Square via the Cash App. When you request a physical Card, you will receive your physical Card 5-7 days after we receive your request.
16. Setting a PIN & PIN Security. If you choose to receive a physical Card, the PIN for your physical Card and virtual Card will be the same number. You will need to set a PIN for your virtual Card when you choose to add your Card to a digital wallet. (See Adding Your Card to a Digital Wallet.) If you choose to receive a physical Card and have not yet set a PIN for your virtual Card, you will need to set a PIN for your physical Card when you activate your Card. The PIN that you set for your physical Card will also become the PIN for your virtual Card. If you choose to receive a physical Card and have already set a PIN for your virtual Card, the PIN that you set for your virtual Card will be the PIN for your physical Card. When selecting a PIN, you should not use numbers or words that appear in your wallet (e.g., date of birth, address, or social security number). You must memorize your PIN and do not share it with anyone. Do not write the PIN on a Card or keep it in the same location as the Card.
17. Adding Your Card to a Digital Wallet.
(a) You may elect to add your Card to one or more digital wallets ("Digital Wallets") supported by the Bank and subject to the Terms for Adding Your Square Cash Prepaid Card to a Digital Wallet ("Digital Wallet Terms"). (b) The Digital Wallet provider may allow you to conduct Transactions at a point of sale device, and you may not be able to use your Card to perform Transactions at such point of sale devices until you have selected a personal identification number ("PIN") pursuant to this Agreement. (c) Contact Customer Service at 1-855-351-2274, on the web at https://www.cash.me, or in the Square Cash App immediately if you believe someone has gained unauthorized access to your PIN, or someone has transferred or may transfer funds from your Card Account without your permission. Contacting us by telephone at 1-855-351-2274 is the best way to minimize your possible losses. (See Lost or Stolen Card Number.)
18. Card Security. Do not share your Card number or PIN with anyone. You should treat your Card number with the same care as you would treat cash. Either memorize your Card number or keep it in a safe place. Do not send your Card number in an email or text message. Make sure your Card number is secured with encryption when you use your Card to perform transactions over the Internet or wireless networks. If you believe that anyone has gained unauthorized access to your Card number, you should advise us immediately, following the procedures in the paragraph labeled “Lost or Stolen Card Number.”
19. Lost or Stolen Card Number. Contact Customer Service immediately if you believe: (a) your Card or Card number has been lost or stolen, or (b) someone has transferred or may transfer funds from your Card Account without your permission. Contacting us by telephone at 1-855-351-2274 is the best way to minimize your possible losses. If you have both a virtual and a physical Card and you report one of your Cards lost or stolen, both Cards will be canceled and new Cards will be issued. If you need to replace any Card that is reported lost or stolen, you can do so within the Square Cash App by tapping the Card and tapping the Report Lost Card. You will be required to provide personal information which may include your Card number, full name, transaction history and other relevant information.
21. No Secondary Cardholders. You may not request an additional Card for another person.
22. Using Your Card. You may use your Card to make purchases from merchants as described below:
(a) Using your Card for Purchases. You may use your Card to make purchases at any merchant that accepts Visa debit cards or debit cards of other networks in which the Bank participates, subject to the funds available in your Cash App for funding the Card Account, the transaction limits described below, and the other terms and conditions of this Agreement. See the paragraph labeled “Adding Funds to your Card Account” for instructions on how to fund your Card Account for making transactions. You may not use your virtual Card for making purchases at any vending machines, kiosks or gas station pumps. Each time you use your physical Card or your virtual Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. The new balance will be available for making purchases with your physical and virtual Cards. You are not allowed to exceed the amount of available funds in your Cash App through an individual transaction or a series of transactions. If you do not have enough funds available in your Cash App to fund your Card Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount using another payment method. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Nevertheless, if a transaction exceeds the amount of available funds in your Cash App, you will be fully liable to us for the full amount of the transaction and any applicable fees. When making purchases with your Card at any point-of-sale (“POS”) device other than through a Digital Wallet provider, you may select “CREDIT” on the keypad to make a signature purchase. You may not use your Card for online gambling or illegal transactions. We may temporarily “freeze” or entirely deactivate your Card Account and attempt to contact you if we notice transactions that are unusual or appear suspicious.
(b) Merchant Holds on Available Funds. When you use your Card or Card number to initiate a transaction at certain merchant locations, websites or mobile applications, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in your Card Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven days for the hold to be removed. During that period, you will not have access to the funds subject to the hold.
23. Cash Access. With your PIN, you may use your Card to obtain cash at ATMs that display the Visa marks or at any point-of-sale (POS) devices that bear the Visa marks as permitted by the merchant and subject to your available Card Account balance, the cash access transaction limits described below, and the other terms and conditions of this Agreement. The maximum amount that can be withdrawn is $250.00 per transaction, $250.00 per day, $1,000.00 per week, and $1,250.00 per month. For security purposes, we may, in our sole discretion, limit your use of your Card at ATMs or POS devices. In addition, ATM owners and operators and networks may impose additional limits and surcharges on cash access transactions, including a fee for a balance inquiry even if you do not complete a fund transfer. Read the ATM screen message carefully for information related to surcharges before you complete a transaction at an ATM.
24. Adding Funds to your Card Account. Subject to the limitations set forth in this Agreement, the only funds available for funding your Card Account are the funds in your Cash App. You acknowledge and agree that by registering for the Program you authorized Square to transfer all of the funds deposited into your Cash App to the Card Account as provided in this paragraph until you withdraw from participating in the Program (See https://squareup.com/legal/cash-ua for instructions on withdrawing from the Program). When the Card is used for a transaction at a merchant, an authorization request will be transmitted to us from a merchant. We will communicate with Square to determine if you have sufficient funds in your Cash App available to fulfill the transaction authorization request. If Square notifies us that funds are available for the transaction and the transaction itself is authorized, the funds will be transferred from your Cash App and deposited to your Card Account. The funds will then be debited from your Card Account for the amount of the transaction. If Square notifies us that there are not sufficient funds available for the amount of the purchase or the transaction itself is not authorized, then no funds will be added to the Card Account and the transaction will be declined. Any withdrawal of your participation in the Program will be effective only after we have a reasonable period of time to process your withdrawal. The value available in the Card Account is limited to the funds that have been transferred from your Square Cash Account to the Card Account (See https://squareup.com/legal/cash-ua for the amount of funds in your Square Cash Account). You may not add funds to your Card Account by any other method, including credit cards, debit cards, bank accounts, cash or by sending personal checks, cashier’s checks, retailer load networks (e.g. GreenDot, MoneyGram, Western Union, etc.), or money orders to the Bank. The Bank will return all checks and money orders unless your Card Account has a negative balance, in which case the Bank may, in its sole discretion, apply the proceeds of the check or money order towards the negative balance of your Card Account.
25. Transaction Limits. The maximum amount that can be spent using your Card is $1,000.00 per day. The maximum amount that can be spent using the Card in a seven-day period is two thousand five hundred dollars ($2,500). The maximum amount that can be spent using the Card in a thirty (30) day period is ten thousand dollars ($10,000). The maximum amount that can be withdrawn at an ATM or a POS device is $250.00 per transaction, $250.00 per day, $1,000.00 per week, and $1,250.00 per month. In order to protect your Card Account, we may temporarily impose limits on the dollar amount, number, and type of transactions performed using your Card and your Card Account. To the extent permitted by applicable law, we reserve the right to: (a) change the transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions: and (c) limit, suspend, or block transfers from particular persons, entities, or Card Accounts.
26. Transferring Funds from your Card Account to your Cash App. You acknowledge and agree that by registering for the Program you authorize us to transfer funds from your Card Account to your Cash App as described in the paragraphs labeled “Refunds” and “Errors or Questions About Your Card Account Transactions.”
27. Card Account Balance. You are responsible for keeping track of your Cash App available balance for adding funds to your Card. Merchants generally will not be able to determine your available balance. It is important to know the amount of available funds in your Cash App for adding funds to your Card Account before performing a transaction. If you do not have sufficient available funds in your Cash App for adding funds to your Card Account to cover the transaction amount, the transaction will be declined. You acknowledge and agree that the funds available to perform transactions are limited to the funds that have been added to your Card Account from your Cash App that are not subject to a hold. You are not authorized to use funds added to your Card Account in error. Any transaction that could create a negative balance for your Card Account is not permitted. Adjustments may be made to your Card Account to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to your Card Account. These processing and adjustment entries could cause your Card Account to have a negative balance. If your Card Account has a negative balance, you agree: (a) that we may automatically apply any subsequent deposits to your Card Account to satisfy the negative balance and (b) to pay us on demand by a personal check, money order, or other payment method authorized by us for the amount of the negative balance. If no future funds are added to your Card Account, we may send you a notice explaining the reason for the adjustment and requesting payment by a personal check, money order, or other payment method to satisfy the negative balance. Payments should be mailed to us at the address provided below or the address stated in the applicable notice.
28. Transaction History. You may obtain information about the available funds in your Card Account by calling 1-855-351-2274. This information, along with a 12-month history of the Card Account Transactions, is also available online at https://cash.app/ or via the Square Cash App.
You also have the right to obtain at least 24 months of written history of account transactions by call 1-855-351-2274, or by writing us at Square, Inc., 1455 Market Street, Suite 600, San Francisco, CA 94103, USA, Attn: Customer Support – Legal. You will not be charged a fee for this information unless you request it more than once per month.
29. Account Alerts. If you provide your mobile phone number, other text message address or download the App to another mobile device, we will send you important notices to the mobile number, text message address or mobile device you have provided in the App. In addition, if you provide your mobile phone number, other text message address or download the App to another mobile device to us, you expressly consent to receive text messages relating to your Card Account at that number, address or device. Third-party data and message fees may apply.
30. Verified Mobile Device. When using the App and other Program services with your mobile device, you may provide a valid mobile device number or text message address in the App and verify such number or text message address as instructed by us. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.
32. No Transactions in Foreign Currencies. No transaction can be made in foreign currency.
33. Receipts. You should get a receipt for each Card transaction. You agree to retain, verify, and reconcile your Card transactions and receipts.
34. Refunds. You will not receive cash refunds for Card transactions. If a merchant gives you a credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment. After we process a credit adjustment we will notify Square that the amount of credit is available to be returned to your Cash App. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase with your Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.
36. Replacement Cards on Expiration. The expiration date of your virtual Card is identified on the front of the virtual Card. The expiration date of your physical Card is identified on the back of the Card. If Square notifies us that there is a positive balance of funds in your Cash App upon expiration of your Card and your Card Account is in good standing, we may issue you a new Card. We may also issue you a new Card when your Card expires even if you have no funds available in your Cash App for adding funds to your Card Account. Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. If you need to replace your Card for any reason, please contact Customer Service. You will need to provide certain User Information so we can verify your identity.
37. Our Liability to You. If we do not complete an electronic fund transfer to or from your Card Account on time or in the correct amount according to this Agreement, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable if: (a) through no fault of ours, you do not have enough available funds in your Card Account to perform the transaction; (b) circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster) prevent or delay the transfer despite reasonable precautions taken by us; (c) the system, ATM, or point-of-sale terminal was not working properly, and you knew about the problem when you initiated the transaction; (d) the funds in your Card Account are subject to legal process or are otherwise not available for transactions; (e) the merchant refuses to accept your Card; (f) if access to your Card has been blocked after you reported your Card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; (h) the transaction cannot be completed because your Card is damaged; or (i) any other exception stated in this Agreement.
38. Errors or Questions About Your Card Account Transactions. Contact Customer Service at the number or address provided below as soon as you can if you think an error has occurred involving your Card Account. We must hear from you no later than 60 days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic transaction history, or the date we sent the FIRST written transaction history on which the error appeared. When you notify us about an error involving your Card Account, you will need to tell us: (a) your name and Card number; (b) why you believe there is an error and the dollar amount involved; and (c) approximately when the error took place. If you tell us orally, we will mail you a form to complete and return. You must return the form or your own letter outlining the details of the error to Customer Service at the address provided below within 10 business days of the Primary Cardholder’s oral notification. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, and your account is registered with us, we will credit your Card Account for return of the credit amount to your Cash App within 10 business days for the amount you think is in error, so that you will have the use of the funds credited to your Cash App for funding your Card Account during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 business days, we may not credit your Card Account. Keep reading to learn more about how to register your Card. For errors involving new Card Accounts we may take up to 90 days to investigate a complaint or question. For new Card Accounts, we may take up to 20 business days to credit your Card Account for return of the credit amount to your Cash App for the amount you think is an error. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution process, contact Customer Service. It is important to register your Card Account as soon as possible. Until you register your Card Account, and we verify your identity, we are not required to research or resolve any errors regarding your Card Account. To register your Card Account, go to https://cash.app or contact Customer Service. We will ask you for identifying information about yourself (including your full name, address, date of birth and Social Security, so that we can verify your identity.
40. Unclaimed Property. If your Card Account becomes inactive (e.g., if you do not use the funds in your Card Account or access your Card Account for a certain period of time), applicable law may require us to report the funds in your Card Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Card Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Card Account to a state varies by state, but usually ranges between two and five years.
41. Assignment. To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card, your Card Account, or this Agreement without our prior written consent.
42. Severability and Waiver. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.
43. Amendment. We may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of this Agreement on the Square Website or delivering notice of changes to you electronically.
44. Entire Agreement. This Agreement constitutes the entire and sole agreement between you and us with respect to the Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Program.
45. Cancellation and Suspension. To the extent permitted by applicable law, we may cancel or suspend your Card, your Card Account, or this Agreement immediately, for any reason, and without notice to you. You may cancel your Card, your Card Account, or this Agreement at any time by notifying Customer Service at the number or address provided below. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to such cancellation or suspension. In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. The Bank reserves the right to refuse to return the unused balance if it is less than $1.00.
46. Business Days. Our business days are Monday through Friday, excluding federal holidays.
47. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Ohio, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
48. Indemnification. At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
49. LIMITATION OF LIABILITY. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards, the Card Accounts, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, the Card Accounts, any products or services purchased using Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us).
50. DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTION WAIVER. For any and all controversies, disputes, demands, claims, or causes of action between you and us (including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand, claim, or cause of action) relating to the Cards, the Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute, demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration will take place in the federal judicial district of your residence. As used in this Section, “we” and “us” mean the Bank and its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees, officers, directors, agents, and representatives. In addition, “we” and “us” includes Square and any third party providing any product, service, or benefit in connection with the Cards, the Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one arbitrator from the American Arbitration Association (“AAA”) with substantial experience in resolving contract disputes. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court in your state or municipality within the jurisdictional limits of the small claims court and as long as such matter is only pending in that court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed a waiver of the obligation to arbitrate.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) subject to the paragraph labelled “Limitation of Liability,” the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.
This Section will survive termination of your Card Account or this Agreement as well as any voluntary payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) of this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call the AAA at 1-800-778-7879 or visit the AAA website at http://www.adr.org.
This Card is issued by Sutton Bank pursuant to license by Visa U.S.A. Incorporated.
Visa® is a registered trademark of Visa U.S.A. Incorporated. All other trademarks and service marks belong to their respective owners.