Vault Web and Mobile Device Application Terms and Conditions
1. TERMS AND CONDITIONS
1.1 As used in these Vault Mobile Device Application Terms and Conditions (the “Terms and Conditions”), “Vault Application” or “Mobile Application” means the software, interface, and or application designed to run on your mobile device and/or computer. The “Website” means www.myvaultcard.com. “You” and “your” means: (i) the person or persons who either downloaded, installed, or otherwise utilized the Vault Application; (ii) all users of a device in which this Vault Application is installed or otherwise utilized; and (iii) the person or persons who have received and are authorized to use the Vault Visa® Payroll Card (“Vault Visa Payroll Card” or “Card”) issued by The Bancorp Bank, Member FDIC (“Bank”). “Card Account” means the records maintained to account for the value of funds and claims associated with the Card. The Vault Application is a service provided through a mobile app and/or the Website that gives you access to features and account information related to your Card Account. “We,” “us,” and “our” means Paycom Payroll, LLC, and our successors, affiliates, or assignees, and to the extent applicable for Card or Card Account use, the Bank. It is important that you read these Terms and Conditions carefully. These Terms and Conditions specifically reference and incorporate the most recent Vault Cardholder Agreement (“Cardholder Agreement”) in effect, the most recent Agreement to Receive Electronic Communications and Signatures Agreement (“Electronic Communications Agreement”) in effect, the most recent Policy Statement Disclosure (“Privacy Policy”) in effect, and the most recent Fee Schedule document (“Fee Schedule”) in effect (collectively referred to as “Agreements”). Be aware that The Cardholder Agreement contains an Arbitration Clause requiring all claims to be resolved by way of Binding Arbitration. You may obtain a copy of the Agreements by visiting www.myvaultcard.com. The Cardholder Agreement, Electronic Communications Agreement, Privacy Policy and Fee Schedule govern our relationship with you in relation to the use of your Card and Card Account. If you have any questions about the contents of the Agreements or do not wish to accept them, please contact us at 1-888-333-4698.
1.2 You may have other rights guaranteed by law, and these Agreements do not affect such rights.
2. OUR DETAILS
2.1 You can contact us by telephone at 1-888-333-4698.
3. WHO CAN USE THE VAULT APPLICATION
3.1 To be eligible to register for the Vault Application you must be at least 18 years old and a resident of one of the fifty states of the United States, the District of Columbia or a U.S. Territory. In addition, you must have the following, as applicable:
3.1.1 A Vault Visa Payroll Card;
3.1.2 A U.S. mobile telephone account (prepay or monthly contract) with a participating operator;
3.1.3 A compatible mobile phone or browser. The following minimum requirements must be met by your device: A smart phone with the ability to support a downloadable application (e.g. iPhone and Android); A mobile device with internet browsing (mobile web) capability; Have at least 64Kb of free memory; Be configured with the standard internet data connectivity settings for your network operator (GPRS, EDGE, or EV-DO), in addition to your normal voice plan, which enables services such as internet browsing and email receipt and delivery from your mobile phone; Have free space available in your mobile phone, e-mail, or service inbox to receive SMS (Text) and e-mail messages. To access the Website from a desktop or laptop computer, you must have internet connectivity, current web browser software with Java script and cookies enabled, and the ability to download and view .pdf files;
3.1.4 To receive SMS (Text) Alerts only from the Vault Application, the minimum device requirements are less. All you need is to have free space in your mobile phone, e-mail, or service inbox to receive SMS (Text) and e-mail messages;
3.1.5 A street address in one of the fifty states of the United States, the District of Columbia or a U.S. Territory.
3.2 You can only register a participating Vault Visa Payroll Card that you are lawfully entitled to use.
3.3 The Vault Application can be used abroad in countries with compatible mobile networks, though charges may be higher. Fees associated with the transaction are the responsibility of the consumer unless otherwise disclosed by Vault Visa Payroll Card. Please refer to the latest Fee Schedule applicable to the Vault Visa Payroll Card at www.myvaultcard.com.
3.4 You are responsible for ensuring that your use of the software application does not cause you to breach any other agreement to which you are a party (e.g. with your mobile network operator).
4. REGISTRATION
4.1 Once you have entered your registration details for the Vault Application, you will be asked to confirm that the information is correct. If the information is not correct, you can revisit your registration and correct any mistakes before confirming and submitting your registration to us. It is your responsibility to ensure that your registration is correct before submitting it to us. If you have any problems with your registration, please contact our customer support line at 1-888-333-4698.
4.2 When you submit your registration, you are requesting to access the Vault Application. We may reject your registration if you are not one of our customers or otherwise fail to satisfy any of the criteria listed above. These Terms and Conditions specifically incorporate the terms and conditions of the mobile application software that can be found in the Terms & Privacy section of the My Vault Card mobile application under the label “Disclosures” (referred to hereinafter as “Software License”). By downloading the Vault Application, you accept the terms of the Software License. You should review the Software License prior to accepting the terms. In the event of a conflict between this Agreement and the Software License, the terms of this Agreement shall prevail.
4.3 When we receive your Vault Visa Payroll Card information, we will automatically verify that the information entered is correct, and that the Card Account belongs to you. Once these details are verified, your card will be linked for use on the Vault Application.
4.4 When you first use the Vault Application, you will also be asked to choose a security passcode (“Passcode”) that you will need to enter each time you wish to use the Vault Application. You must keep this Passcode safe and not write it down or disclose it to anyone.
4.5 Please refer to the Cardholder Agreement provided at time of enrollment for information on your liability for unauthorized activity to your Card.
5. THE VAULT APPLICATION
5.1 The Vault Application is a service that gives you access to Card Account information. Please note that we may add new services from time to time.
5.2 The range of services offered as part of our Vault Application may include, but is not limited to:
5.2.1 See your balance;
5.2.2 Review Transaction History;
5.2.3 Initiating outgoing ACH debit transfers to a linked external checking or savings account
5.2.4 Manage SMS (text) and Email alerts;
5.3 The Vault Application is normally available 24 hours a day, 7 days a week, and 365 days a year apart from planned downtime, circumstances beyond our reasonable control, outages on any mobile phone network, or usage in areas where mobile coverage or internet service is not available.
5.4 We may withdraw all or part of the Vault Application or its service offerings without notice.
5.5 Features available in the My Vault Card app may vary from the features available on the Website.
6. AUTHORIZATION
6.1 The Vault Application may allow You to access information about and initiate transactions from your Card Account. You authorize us to rely and act upon any instructions regarding your Card Account received through the Vault Application. You should keep your Passcode for the Vault Application confidential and not share it with anyone. If you permit another person to have access to your Card, Card number or Vault Application, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of the Vault Application according to the terms and conditions of this Agreement.
7. SECURITY PROCEDURE
7.1 You must keep your Passcode secret and take all reasonable precautions to prevent unauthorized or fraudulent use of the Vault Application.
7.2 You must not disclose your Passcode to any other person or record your Passcode in any way that may result in it becoming known to another person.
7.3 Please note that after initial registration we will never contact you (or ask anyone to do so on our behalf) with a request to disclose your Passcode in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine), then it is likely to be fraudulent and you must not supply your Passcode to them under any circumstances. Additionally, you should report any such requests to us immediately at 1-888-333-4698.
7.4 If you suspect that anyone else knows your Passcode, you must contact us immediately. Your liability for unauthorized transactions is detailed in the Cardholder Agreement.
7.5 You will be responsible for all instructions received from us between the time you pass the security procedure until the time you exit from the Vault Application. Please note that this includes any input errors or instructions sent by someone other than yourself, so please do not leave your mobile phone unattended while you are still logged onto the Vault Application.
7.6 You acknowledge that you are responsible for all transactions carried out using the Vault Application, which may include but not be limited to the payment of fees or other charges.
8. CHARGES
8.1 We will not charge you for the Vault Application, however, there may be other taxes and fees related to your use of the Vault Application that are charged by your mobile phone operator or other service providers. You should contact your applicable mobile operator or service provider for details of their charges (if any) for the use of the Vault Application. All charges include any applicable sales taxes.
9. LIABILITY
9.1 If you give your Passcode to someone or authorize another person to use your account, you may be responsible for their transactions.
9.2 If your mobile phone is lost or stolen, you must tell us by contacting Vault Customer Service at 1-888-333-4698 as soon as is reasonably practicable, and in any case within 24 hours of the loss or theft. In addition, it is your responsibility to advise your mobile phone provider of the loss or theft of your mobile phone. Until you tell us that any of these things have happened, we will continue to provide the Vault Application to you, and we will not be liable if your account information becomes known to someone else as a result.
9.3 We are not liable for any error by you in entering any details when you use the Vault Application (e.g. if you key in the wrong mobile number).
9.4 If we believe that you or someone else is using or has obtained or may use or obtain the Vault Application illegally, fraudulently or improperly, then we may cancel or suspend your use of the Vault Application without notice.
9.5 We will not be liable to you if the Vault Application is not available to you due to any planned downtime, circumstances beyond our reasonable control, or outages on any network or where you are not in an area of internet coverage.
9.6 The Vault Application is provided “as is” with no representation, guarantee, or warranty of any kind as to its functionality. We cannot guarantee that the Vault Application will be compatible with every type of mobile phone, tablet, computer, or similar device.
9.7 PAYCOM PAYROLL, LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, THE BANK, AND THE MANUFACTURER OF YOUR MOBILE PHONE, TABLET, COMPUTER, OR SIMILAR DEVICE, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PAYCOM PAYROLL, LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, THE BANK AND THE MANUFACTURER OF YOUR MOBILE PHONE, TABLET, COMPUTER, OR SIMILAR DEVICE, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.
9.8 IN NO EVENT WILL PAYCOM PAYROLL, LLC OR THE BANK BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THE VAULT APPLICATION OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
10. YOUR RIGHT TO CANCEL
10.1 If you wish to stop using the Vault Application, simply delete the software application from your mobile phone, and/or discontinue use of the Vault Application.
10.2 It is your responsibility to delete the software application from your mobile phone if you change your mobile phone or dispose of it.
10.3 You agree that we will not be liable to you or any third party for any modification or discontinuance of the Vault Application.
10.4 You understand and agree that you will remain liable for any transactions and/or actions that you initiated prior to stopping use of the Vault Application and that you will still be held liable for the Card Account. For example, if you initiate a transfer in the morning and remove the Vault Application in the evening, we will still complete the transfer. Another example is, if you complete a transaction that takes your Card Account negative, you will still remain responsible for the negative balance even if you stop using the Vault Application. You will need to contact us, or follow the procedures outlined in the most recent Cardholder Agreement to cancel and/or terminate your Card.
11. CARD CONTROLS
The Vault Application allows you to set or adjust certain features of the Card, known as “card controls.” You acknowledge that all card controls are for convenience purposes only and that circumstances exist whereby, due to limitations of the data we receive about a transaction, or due to circumstances outside of the scope of the card control, a card control may be ineffective, not work, or cause unintended declines. You acknowledge and agree that we will not be liable to you for any charges, damages, losses, or inconveniences arising from or relating to the card controls, except as may be required by law. You also acknowledge that any setting or adjustment of the card controls may take time to become effective.
12. OTHER IMPORTANT INFORMATION
12.1 We have the right to change these Terms and Conditions at any time and you will be notified in writing by us with regards to the changes.
12.2 If we believe that any price increase or change to the Terms and Conditions is likely to cause you material disadvantage, we will let you know prior to any change as required by applicable law.
12.3 If you do not agree with any change to the Terms and Conditions, you are free to stop using the Vault Application at any time. If you wish to stop using the Vault Application simply delete the software application from your mobile phone and/or discontinue use of the Vault Application
12.6 These Terms and Conditions shall be governed and construed in accordance with the laws of the State of Oklahoma, USA, and applicable federal laws without regard to conflicts of law principles. You agree that any and all proceedings relating to the Vault Application and the subject matter contained herein shall be maintained in the courts of the state of Oklahoma or the federal district courts sitting in Oklahoma, which courts shall have exclusive jurisdiction for such purpose. The governing law regarding the use of the Card Account shall be as set forth in the Cardholder Agreement.
12.7 If you have any complaints about the Vault Application please contact us at 1-888-333-4698.
12.8 You acknowledge that there may be third parties who have rights under these Terms and Conditions (including, without limitation, the Bank, our suppliers, the software application developer and the manufacturer of your mobile phone) and you acknowledge that, to the extent permitted by law, those third parties may exercise their rights under these Terms and Conditions even though they are not a party to them.
12.9 As a Vault Visa Payroll Card cardholder, the information that we receive from you through your use of the Card is subject to the Privacy Policy and the Visa Global Privacy Notice.
12.10 The Vault Application may re-direct you to third party websites or provide links to third party websites. When visiting third party websites, the privacy practices may differ from those of the Vault Application. We recommend you review the privacy statements of those third-party websites. We are not responsible for the privacy or other security practices of third-party websites.
12.11 The Vault Application, or third-party website may request to use your location data. If you do not wish to share your location data with the Vault Application or a third-party website you may decline the request or disable location services in your device’s settings. However, opting out of the collection of location information will cause location-based features to be disabled and the website, application, and/or software may not function properly.
12.12 As part of the Vault Application, you will be asked to verify your identity by using the email or phone number that you gave to us. You expressly consent to receiving such text messages and emails. Standard text messaging and data rates may apply.
The Vault card is issued by The Bancorp Bank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. and can be used everywhere Visa debit cards are accepted.