CARDHOLDER TERMS OF SERVICE
MasterCard
SecureCode
Terms of Service
Welcome and thank you for choosing to use the MasterCard SecureCode
service (“MasterCard
SecureCode”)
from First National Bank of Waterloo. Please read this Terms of Service Agreement
carefully before using MasterCard
SecureCode. In this Agreement, “we,” “us,” or “our”
refers to First National Bank of Waterloo,
and “you,” “your,” or “yours” refers to the user of MasterCard SecureCode.
This Terms of Service Agreement supplements and is incorporated
in our cardholder agreement(s) with you.
In addition to this Terms of Service Agreement, MasterCard
SecureCode also is subject
to the cardholder agreement governing the card transactions for which MasterCard SecureCode is used.
1. ACCEPTANCE OF
TERMS
(a) MasterCard SecureCode
provides its service to you, subject to the following Terms of Service (“TOS”)
and our cardholder agreement with you governing the card transactions for which
MasterCard SecureCode is
used. The TOS may be updated by us from
time to time without notice to you. You
can review the most current version of the TOS at any time at
http://www.fnbwaterloo.com. In addition,
when using MasterCard SecureCode, you shall be subject to any posted
guidelines or rules applicable to MasterCard SecureCode
that may be posted from time to time at the same web site.
(b) You agree
that creation of a MasterCard SecureCode account password,
and/or use of MasterCard SecureCode, will represent your
acceptance of this TOS and that continued use of MasterCard SecureCode after you have
been advised of revisions to this TOS shall constitute your agreement to such
revised terms and any applicable posted guidelines or rules.
(c) Unless
explicitly stated otherwise, any new features that augment,
enhance or otherwise change MasterCard
SecureCode
shall be subject to this TOS.
(d) First
National Bank of Waterloo reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, MasterCard SecureCode (or any part thereof) with or without notice.
(e) Upon our
request, you agree to sign a non-electronic version of this TOS.
2. DESCRIPTION
OF MASTERCARD
SECURECODE
MasterCard SecureCode provides you with a way
of increasing security in online and other transactions for which MasterCard SecureCode is used by reducing
the chances of fraud for those transactions.
Registering for MasterCard SecureCode involves providing
personal information to us, which is then used to confirm your identity in
connection with future online transactions or other transactions for which MasterCard SecureCode is used, as
discussed in more detail in Section 5 below.
MasterCard
SecureCode
also may be used for record keeping and reporting purposes, as well as to help
resolve any transaction disputes. Your Registration Data, as defined in Section 3(b), and
other personal information is not shared with the merchant, as discussed in
more detail in Section 6 below.
3. YOUR
REGISTRATION OBLIGATIONS
(a) By signing
up for MasterCard
SecureCode,
you authorize us to retain certain information about you, your credit cards and
debit cards. You authorize us to obtain
from certain third parties selected by us, including consumer credit bureaus
and other consumer reporting agencies, information about you, your credit cards
and debit cards, to use in connection with MasterCard SecureCode. You authorize us to use and retain this
information in accordance with our Privacy Policy (see Section 6 below). Your information will be associated with a
unique identifier for you (your credit card or debit card number and your
name).
(b) You agree to
(i) provide true, accurate, current and complete
information about yourself as prompted by MasterCard SecureCode's registration form (“Registration Data”), and (ii) maintain
and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any
Registration Data that is untrue, inaccurate, not current or incomplete, or if
we have reasonable grounds to suspect that your Registration Data is untrue,
inaccurate, not current or incomplete, we have the right to suspend, terminate,
or refuse your current or future use of MasterCard SecureCode.
4. REGISTRATION
(a) In order to
use MasterCard
SecureCode,
you must provide certain information to us that allows
us to validate your identity and verify that you are the owner of or an
authorized user of the specified credit card(s) or debit card(s). The information that you provide may be
validated against information we already have on file that is associated with
you, your credit card(s) or debit card(s), information we receive from one or
more third parties, or information maintained by a third party.
(b) If you are
unable to provide adequate information for us to validate your identity, we have
the right to not allow you to register for MasterCard SecureCode. You warrant that the information is correct
and that you have the legal right to use all of the credit cards and debit
cards that you register for MasterCard
SecureCode.
(c) If you do
not successfully register for MasterCard
SecureCode, the merchant
may not accept your MasterCard credit card or debit card in payment for an
e-commerce or other transaction subject to MasterCard SecureCode.
(d) In order to
use MasterCard
SecureCode,
you must have the ability to access the World Wide Web and must pay any service
fees associated with such access. In
addition, you must have the equipment necessary to make such a connection to
the World Wide Web, including a computer and modem or other access device.
(e) In the event
you have a question regarding the MasterCard
SecureCode registration
process or a transaction using MasterCard SecureCode,
you should direct that question to our customer service department. Customer Service can be reached at 618-939-6194
extension 137 or 149.
5. AUTHENTICATION
(a) During
registration in MasterCard
SecureCode,
you may be asked to select or may be provided a password and hint-and-response
question and answer. When engaging in an
online transaction or other transaction for which MasterCard
SecureCode is used, you may
be asked for your MasterCard
SecureCode
password or hint response before the merchant accepts your MasterCard card in
payment for the transaction. If you are
unable to provide your MasterCard SecureCode password
or hint response, or if the authentication through MasterCard SecureCode otherwise fails, the merchant may not accept
your MasterCard credit card or debit card in payment for that transaction.
(b) By
registering in MasterCard SecureCode, you assent to the use
of MasterCard
SecureCode
to evidence your identity, including for purposes of authorization of
transactions authorized in advance to recur at substantially regular intervals.
6. PRIVACY
POLICY
(a) MasterCard SecureCode stores your
Registration Data. Your Registration
Data will not be shared with online retail merchants or merchants in other
transactions for which MasterCard
SecureCode
is used.<li>
(b) You
acknowledge and agree that MasterCard SecureCode may
keep your Registration Data and also may disclose your Registration Data if
required to do so by Applicable Law, as defined in Section 8(a)(ix), in the good faith belief that such preservation or
disclosure is permitted by Applicable Law, or as reasonably necessary to (i) comply with legal process or (ii) enforce this TOS.
(c) Registration
Data and all personally identifying information about you is subject to our
Privacy Policy. For more information,
please see our full Privacy Policy at http://www fnbwaterloo.com.
7. CARDHOLDER
PASSWORD AND SECURITY
You are solely responsible for maintaining the
confidentiality of your password, Registration Data and other verification
information established by you with MasterCard
SecureCode, and all
activities that occur using your password, Registration Data or other
verification information supplied to or established by you with MasterCard SecureCode. You agree not to transfer or sell your use
of, or access to, MasterCard
SecureCode
to any third party. You agree to
immediately contact First National Bank of Waterloo as we require in our
cardholder agreement with you for a lost or stolen card of any unauthorized use
of your password or other verification information, or any other breach of
security. You acknowledge and agree
that, except as otherwise provided by Applicable Law or in our cardholder
agreement with you, First National Bank of Waterloo shall not be liable for any loss or
damage arising from your failure to comply with this TOS. For after hours lost/stolen Debit MasterCard
support please call 1-800-528-2273.
8. YOUR CONDUCT
(a) You agree
not to:
(i) impersonate any person or entity using MasterCard SecureCode;
(ii) upload,
post, email or otherwise transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment used by MasterCard SecureCode;
(iii) spam or flood the MasterCard SecureCode
Website or service;
(iv) modify, adapt, sub-license, translate, sell, reverse
engineer, decompile or disassemble any portion of the MasterCard SecureCode Website or service or the software used in
connection with MasterCard
SecureCode;
(v) remove any copyright, trademark, or other proprietary rights
notices contained in MasterCard
SecureCode;
(vi) “frame” or “mirror” any part of the MasterCard SecureCode Website or service without MasterCard’s prior
written authorization;
(vii) use any
robot, spider, site search/retrieval application, or other manual or automatic
device or process to retrieve, index, “data mine,” or in any way reproduce or
circumvent the navigational structure or presentation of the MasterCard SecureCode Website or service or its contents;
(viii) otherwise
interfere with, or disrupt, MasterCard SecureCode or
servers or networks connected to MasterCard SecureCode,
or violate this TOS or any requirements, procedures, policies or regulations of
MasterCard SecureCode or of any networks connected to
MasterCard SecureCode; or
(ix) intentionally or unintentionally violate any applicable
local, state, national or international statute, regulation, regulatory
guideline or judicial or administrative interpretation, or any rule or
requirement established by MasterCard (all of which shall constitute
“Applicable Law”) in connection with your use of MasterCard SecureCode.
9. LIABILITY
(a) You agree
that First National Bank of Waterloo
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of MasterCard
SecureCode. We will pay any direct out-of-pocket expenses
that you may incur [in using MasterCard
SecureCode]
due to:
(i) negligence or intentional
misconduct by us, our employees or agents;
(ii) an attack by others on the systems we use to provide MasterCard SecureCode; or
(iii) any error in, or failure of, MasterCard SecureCode.
(a) Under no
circumstances will we be liable for consequential, incidental, special or
indirect losses or other damages, such as any damage to your computer or
telephone service resulting from your use of MasterCard SecureCode.
(b) First
National Bank of Waterloo assumes no responsibility for, and will not be liable
for, any damages to, or any viruses which may affect, your computer equipment
or other property on account of your access to, use of, or downloading from,
this Web site.
10. TERMINATION
We may temporarily or permanently deactivate your ability to
use MasterCard
SecureCode
and terminate your relationship with us at any time, with or without fault on
your part. For your protection, we will
automatically deactivate your ability to use MasterCard SecureCode
if it is not used at least one time during any twelve (12) month period. If we deactivate your ability to use MasterCard SecureCode, we will promptly
give you notice at the most current e-mail address you have provided to us as
reflected in our records.
11. DEALINGS WITH
MERCHANTS
Your correspondence or business dealings with, or
participation in promotions of, online retail or other merchants on or through MasterCard SecureCode, including payment
and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such merchant. You agree that,
except as otherwise provided by Applicable Law or in our cardholder agreement
with you, First National Bank of Waterloo
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings. You
understand that use of MasterCard SecureCode does not, in any way,
indicate that we recommend or endorse any merchant, regardless of whether the
merchant participates in MasterCard
SecureCode. For example, MasterCard SecureCode
does not verify the identity of the merchant or the quality of the merchant’s
goods or services.
12. DISCLAIMER OF
WARRANTIES
(a) You
expressly understand and agree that any software obtained through the use of
MasterCard SecureCode is downloaded and used at your
own discretion and risk and that except as otherwise provided in this TOS
Agreement, you will be solely responsible for any damage to your computer
system or loss of data that results from the download or use of any such
software or other materials through MasterCard SecureCode.
(b) EXCEPT AS
OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, First National Bank of Waterloo MAKES NO
REPRESENTATIONS OR WARRANTIES ABOUT MASTERCARD SECURECODE
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES AS TO MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. NOTICE
Notices to you may be made via either email or regular mail
to any address in your Registration Data or other information that you have
provided to us in connection with any of your accounts with us, or your credit
cards or debit cards issued or otherwise provided by us. You also may be notified of changes to this
TOS or other matters by notices displayed on or links to notices displayed on
http://www fnbwaterloo.com.
14. AGE AND
RESPONSIBILITY
You represent that you are of sufficient legal age to use MasterCard SecureCode
and to create binding legal obligations for any liability you may incur as a
result of the use of MasterCard
SecureCode. Except as otherwise
provided by Applicable Law or in our cardholder agreement with you, you
understand that you are financially responsible for all uses of MasterCard SecureCode by you and those
authorized by you to use your Registration Data, your password or other
verification information.