These Direct Payments Terms and Conditions (these “Direct Payments Terms”) are a legal agreement between you (“you” or “your”) and Apple Payments Inc. (“Apple Payments”, “we”, “us” or “our”) that govern your use of the Direct Payments Service (as defined below). These Direct Payments Terms supplement and are in addition to other terms and conditions that you have entered governing your use of Apple Cash, including Bank’s Apple Cash Terms and Conditions (the “Apple Cash Terms”) and the Electronic Communications Agreement. Capitalized terms that are not defined in these Direct Payments Terms have the meanings given to them in the Apple Cash Terms. “Bank” means Green Dot Bank, member FDIC, the issuer of your Apple Cash Account. In the event of a conflict between these Direct Payments Terms and the Apple Cash Terms, these Direct Payments Terms will govern, but solely with respect to the Direct Payments Service.
THESE DIRECT PAYMENTS TERMS CONTAIN AN ARBITRATION NOTICE. PLEASE READ THIS NOTICECAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING BY REQUIRING MANDATORY INDIVIDUAL ARBITRATION OF DISPUTES.
1. THE DIRECT PAYMENTS SERVICE
The “Direct Payments Service” allows you to use funds in your Payment Account to make payments directly to certain eligible businesses that we designate from time to time and that you authorize (each, a “Payment”). There are no fees for using the Direct Payments Service. When you make a Payment to an eligible business utilizing the Direct Payments Service, you authorize us to withdraw the necessary funds from your Payment Account in accordance with your instructions, which may be provided either to us directly or to the business to which you are making the Payment. Your requested Payments may be declined if you do not have sufficient funds available in your Payment Account to satisfy the requested Payment.
When you use the Direct Payments Service, your Payment will be made through an electronic funds transfer. We will generally withdraw the funds from your Payment Account and electronically transmit those funds to the business on the same day as your request.
You may access the Direct Payments Service with all of the Eligible Devices that are associated with your Apple ID. You acknowledge that these Direct Payments Terms will govern your use of the Direct Payments Service across all of your Eligible Devices, and that you will only be presented with these Direct Payments Terms at the time you initially agree to use the Direct Payments Service.
2. ELIGIBILITY AND LIMITS
A. Eligibility. In order to use the Direct Payments Service, you must have an Apple Cash Account in good standing with Bank. As a result, all of the eligibility requirements set forth in the Apple Cash Terms must be satisfied in order for you to use the Direct Payments Service. If you suspend your Apple Cash Account on an Eligible Device, you will not be able to use the Direct Payments Service on that Eligible Device. Similarly, if your Apple Cash Account is closed entirely, you will no longer be able to access the Direct Payments Service.
Additionally, you must have successfully registered your Apple Cash Account with Bank before you can use the Direct Payments Service. Please see the subsection entitled “Registering your Apple Cash Account with Bank” in the Apple Cash Terms and Conditions to learn more about how you can register your Apple Cash Account with Bank.
B. Limits on Direct Payments Service Transfers. Your use of the Direct Payments Service is subject to the following limits:
· Payments: $0.01 - $20,000 per transaction; up to $20,000 for any rolling 7-day period.
Limits are subject to change. We will notify you as required by applicable law if these limits decrease. However, please note that we may lower these limits, impose additional limits, or cancel, delay, or block a Payment without prior notice for security reasons or as otherwise described in these Direct Payments Terms. The Bank may also impose limits pursuant to the Apple Cash Terms.
C. Additional Limits on your use of the Direct Payments Service.We may decline to complete or delay a Payment: (i) if we believe it may involve or result in a violation of applicable law or expose us to liability or risk of loss; (ii) if the Payment instructions or authorization are unclear, ambiguous, or incomplete; (iii) if we identify a fraud or security risk involving an individual Payment or the Direct Payments Service; or (iv) as otherwise stated in these Direct Payments Terms or the Apple Cash Terms. We are not responsible for any losses or damages that may result from our delay or cancellation of a Payment or for any failure to notify you of such delay or cancellation, except as otherwise expressly provided in these Direct Payments Terms. You agree not to use the Direct Payments Service in connection with unlawful domestic or international gambling websites or payment processors that support unlawful gambling websites or to purchase illegal goods or services.
3. DIRECT PAYMENTS SERVICE TRANSACTION HISTORY
You may obtain information about your Payments at any time and at no cost directly from your Eligible Device. Additionally, you may obtain a more detailed electronic transaction history of your Apple Cash Account transactions, including information regarding Payments made using the Direct Payments Service, at any time and at no cost by requesting one directly from your Eligible Device. You may also obtain this transaction history at any time and at no cost by calling (877) 233-8552 or writing Bank at Electronic Transaction History Request, P.O. Box 1070, West Chester, OH 45071. If you submit your request to Bank in writing, please include your name, date of birth, and address with your request. Upon your request, Bank will send your transaction history to the email address associated with your Apple ID.
4. ADDITIONAL TERMS AND CONDITIONS FOR USING THE DIRECT PAYMENTS SERVICE
Except as otherwise expressly provided herein or as otherwise required by applicable law, Payments authorized in connection with the Direct Payments Service are non-refundable. We are not responsible for any loss of funds if you give incorrect instructions or if your payment instructions are not given sufficiently in advance to allow for timely delivery of your Payment. You represent and warrant that all Payments you make comply with applicable law.
Except as otherwise expressly provided herein, and without limiting any other provisions of these Direct Payments Terms, we will not be liable if we fail to send, or delay the transmission of, funds to a designated business through the Direct Payments Service if: (i) you have insufficient funds available to complete the Payment with your Apple Cash Account; (ii) we or the Bank believe the Payment may violate applicable law, these Direct Payments Terms or the Apple Cash Terms; (iii) we or the Bank identify a security risk involving the Payment or the Direct Payments Service; (iv) circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the Payment, despite reasonable precautions that we have taken; or (v) your Apple Cash Card or an Eligible Device that you have provisioned your Apple Cash Card to has been reported as lost or stolen or if we or the Bank have reason to believe that your Credentials have been compromised or that the Payment is not authorized by you. We cannot guarantee the timely delivery of funds as a result of a failure of another financial institution or payment intermediary to act in a timely manner.
5. CUSTOMER SERVICE
A. In Case of Questions about your Payments
Please call (877) 255-5923 if you think a mistake has occurred in connection with a Payment. If you have questions about your Apple Cash Account with Bank, please call (877) 233-8552. You can also find additional information regarding Apple Payments at www.applepayments.apple.com.
B. Cooperation in Recovery Efforts
You agree to cooperate reasonably with us and our agents and service providers in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized use of the Direct Payments Service. You agree that any unauthorized use does not include use by a person to whom you have given authority to use your Apple Cash Account, Eligible Device, or Credentials and that you will be liable for all such uses by such person.
C. Disputes with Businesses
We are not responsible for the delivery, quality, safety, legality or any other aspect of goods or services for which Payment are made using the Direct Payments Service.
6. PRIVACY AND DATA SHARING
Our collection, use, storage, and disclosure of your information as a result of using the Direct Payments Service is governed by theDirect Payments Privacy Notice. As described in greater detail in Section 9(B) of the Apple Cash Terms entitled “Authorization to Collect and Share Data”, Bank shares data regarding your Apple Cash Account with Apple Payments as necessary in order to process Payments. You can learn how Bank protects your information by reviewing their privacy policy at applepaycash.greendot.com/privacy/.
7. BUSINESS DAYS
Our business days are Monday through Friday, excluding U.S federal holidays.
8. INDEMNIFICATION
You agree to indemnify, hold harmless, and (at our request) defend us and any Program Manager, Issuer, and Depository, our and their affiliates, and our and their respective employees, officers, directors, agents, and contractors from and against all claims, demands, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses, including reasonable attorneys’ fees, that arise from any third-party claim due to or arising out of: (i) your access to or use of the Direct Payments Service; (ii) your breach or alleged breach of these Direct Payments Terms; (iii) your violation of applicable law, including, but not limited to, infringement of third-party intellectual property rights; (iv) any action we take pursuant to your instructions; or (v) your other actions or omissions that result in liability to us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Direct Payments Terms, and you agree to cooperate with our defense of these claims.
9. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THATYOUR ACCESS TO AND USE OF THE DIRECT PAYMENTS SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE DIRECT PAYMENTS SERVICE ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DIRECT PAYMENTS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE DIRECT PAYMENTS SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE DIRECT PAYMENTS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIRECT PAYMENTS SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DIRECT PAYMENTS SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE DIRECT PAYMENTS SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, ANY LIMITATION WILL BE CONSTRUED TO MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND ANY PROGRAM MANAGER, ISSUER, AND DEPOSITORY, OUR AND THEIR AFFILIATES, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND CONTRACTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE DIRECT PAYMENTS SERVICE OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE DIRECT PAYMENTS SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE DIRECT PAYMENTS SERVICE OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE DIRECT PAYMENTS SERVICE, THE COLLECTIVE LIABILITY OF APPLE PAYMENTS AND ANY PROGRAM MANAGER, ISSUER, AND DEPOSITORY, OUR AND THEIR AFFILIATES, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND CONTRACTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE AND ANY PROGRAM MANAGER, ISSUER, OR DEPOSITORY WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR ANY SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.
THE LIMITATIONS IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. ARBITRATION NOTICE
THE DIRECT PAYMENTS SERVICE IS BEING MADE AVAILABLE AND PRICED BY APPLE PAYMENTS ON THE BASIS OF YOUR ACCEPTANCE OF THE FOLLOWING ARBITRATION NOTICE. BY ENTERING INTO THESE DIRECT PAYMENTS TERMS, YOU ARE AGREEING TO BINDING ARBITRATION RATHER THAN LITIGATION IN ANY COURT. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO ASSERT ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE DIRECT PAYMENTS TERMS IN ANY COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW IN SECTION 13(C). YOU FURTHER ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE DIRECT PAYMENTS TERMS VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS WHATSOEVER EXCEPT THOSE CONTAINED IN THESE DIRECT PAYMENTS TERMS THEMSELVES.
THISARBITRATION NOTICE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
A. Arbitration of Claims. You and Apple Payments mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to these Direct Payments Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitration, or to the use of the Direct Payments Service (hereinafter “Claim” or “Claims”) shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed, and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer Standards”). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys’ fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on you and Apple Payments, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of Section C below, you and Apple Payments hereby waive the right to assert any Claim in any court. As set out in Section D below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.
B. Other Claims Subject to Arbitration. In addition to Claims brought by either you or Apple Payments, Claims made by or against an employee, agent, representative, affiliated company, or subsidiary of ApplePayments will be subject to arbitration as described herein.
C. Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court with jurisdiction, so long as the Claim is pending only in that court. This arbitration provision does not limit or constrain Apple Payments’ right to interplead funds in the event of claims to funds associated with your Payment Account by several parties.
D. Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. You acknowledge and agree that you are waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless you and Apple Payments both otherwise agree in writing, the arbitrator may not consolidate your Claim with that of any other person, and may award relief only in favor of your individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph to be unenforceable with respect to any Claim, then the entirety of the Arbitration Notice (the “Notice”) will be deemed void with respect to such Claim. Except as provided in the preceding sentence, the Notice will survive any termination of these Direct Payments Terms. Related Apple Cash Accountsare considered as one person, and Apple Payments, its employees, officers, directors, agents, and affiliates are considered as one person. The arbitrator will be competent to determine the arbitrability of any Claim thatis attempted to be joined or consolidated in arbitration with the Claim of any other person or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.
E. Arbitration Fees. If you initiate arbitration, Apple Payments will advance any arbitration fees, including any required deposit. Apple Payments will also be responsible for payment and/or reimbursement of any arbitration fees which exceed either (1) the amount of filing fees you would have incurred if your Claim had been brought in the state or federal court nearest your residence with jurisdiction, or (2) US$ 250, whichever is lesser. If Apple Payments initiates or elects arbitration, Apple Payments will pay the entire amount of the arbitration fees, including any required deposit. Regardless of who initiates arbitration, Apple Payments will pay all other arbitration-related costs, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services.
F. Arbitration Procedure. A single arbitrator will resolve the Claims. The place of arbitration will be the State in which you are a legal resident. You have the right to an in-person arbitration hearing for your Claim should you so choose. Any such hearing will take place within the federal judicial district in which you live,or in a reasonably convenient location as agreed by the parties. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorney with at least ten years of experienceand will be selected by the parties; provided, however,that if the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, but may not grant any form of relief identified in Section D above without the express written consent of both parties. Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing party. The arbitrator’s award will address all claims properly brought before the arbitrator and will include the essential findings and conclusions upon which the arbitrator based the award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA. You may obtain copies of the current JAMS Streamlined Arbitration Rules, forms, and instructions for initiating an arbitration with JAMS by contacting JAMS online at www.jamsadr.com. Where there is a conflict or inconsistency between the JAMS Streamlined Arbitration Rules and procedures and this arbitration provision, this arbitration provision will govern.
G. Confidentiality. You and Apple Payments agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that you and Apple Payments agree not to disclose or cause to be disclosed to any third party the dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.
H. Severability. Except as provided in Section D, any provision of this Notice deemed unenforceable by a court of competent jurisdiction may be severed, and the remainder of the Notice shall be given full force and effect.
14. CHANGE IN TERMS
We may modify, suspend, or discontinue the Direct Payments Service and/or revise these Direct Payments Terms from time to time in our sole discretion without prior notice or liability to you, subject to applicable law. If we are required to provide you notice of any changes to these Direct Payments Terms, we will do so in accordance with the Electronic Communications Agreement. Subject to applicable law, your continued use of the Direct Payments Service following such notice shall be deemed to be your acceptance of such modified version of these Direct Payments Terms.
15. GOVERNING LAW
The Direct Payments Terms will be governed by and interpreted in accordance with the laws of the State in which you are a legal resident.
16. EFFECTIVE DATE
Effective Date. Effective August 6, 2019 to present.