Obopay Terms & Conditions
Terms and Conditions for the Obopay Prepaid MasterCard®
Terms and Conditions for the Obopay Family Prepaid MasterCard®
Account Limits



Obopay Terms & Conditions


Consent to Electronic Disclosures

Because the Obopay services are provided electronically, you must consent to Obopay's providing important information electronically if you wish to proceed. Read this notice carefully. You can print a copy for your records.

By consenting to receive information electronically at this website and via electronic mail ("email"), you will receive the following information and disclosures electronically:

  • the Obopay Terms and Conditions, including legal disclosures under the Electronic Fund Transfer Act and Regulation E,
  • any future changes to the Obopay Terms and Conditions,
  • the Obopay Privacy Notice,
  • transaction history information, and
  • any other notices, legal communications, or disclosures.

To receive this information electronically, and access and retain any disclosures received, you will need a computer with a minimum web browser version of Microsoft Internet Explorer 6.0 or 7.0, or Mozilla Firefox 1.5.0 or 2.0, and the ability to receive and read email.


By proceeding with registration to use Obopay services:

  • you agree to receive information and disclosures electronically on this website and via email and confirm that you will download or print any disclosures for your records;
  • you agree the computer you are using satisfies the requirements described above;
  • you acknowledge that you can access information that is provided electronically at this website and via email;
  • you are authorizing the delivery of the disclosures regarding the Obopay services electronically on this website and via email and providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and intend that this statute apply to the fullest extent possible; and
  • you agree to receive email regarding the Obopay services.

You can withdraw your consent by contacting us through http://www.obopay.com/support. However, you will no longer be able to use the Obopay services. Withdrawing your consent will not affect the validity of transactions already completed or in process. You can obtain a paper copy of an electronic record by contacting us through http://www.obopay.com/support; Obopay may charge a fee. To update your contact information with Obopay, contact us through http://www.obopay.com/support.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR SIGNING UP TO USE OBOPAY

To help the government fight the funding of terrorism and money laundering activities, Obopay will obtain, verify, and record information that identifies each person who registers to use the Obopay service.

What this means for You: When you register to use the Obopay service, Obopay will ask for identifying information, which may include your name, address, date of birth, and other information that will allow Obopay to identify you. If Obopay cannot verify your identity, and in certain other cases, Obopay may not be able to allow you to use the Obopay service.

You authorize Obopay, and third parties used by Obopay, to make any inquiries that Obopay deems appropriate to verify your identity. This may include asking you for additional information, asking you to take steps to verify your control over the telephone numbers, email addresses, or financial accounts you identify, obtaining a credit report, or consulting other databases or sources.

When you provide Obopay with a credit card or debit card to assist in the steps to verify your identity, you agree that Obopay may initiate two small charges to the credit card or debit card (each less than $1). Obopay will ask you to identify the amounts of those transactions to verify your control over the credit card or debit card. Obopay will refund the transactions to your credit or debit card within 10 business days.

When you provide Obopay with bank account information to assist in the steps to verify your identity, you agree that Obopay may initiate two small credits to the bank account you identify (each less than $1) through the Automated Clearinghouse ('ACH') system. Obopay will ask you to identify the amount of those transactions to verify your control over the bank account. This authorization applies only to these two initial credits. These credits must comply with U.S. law.

Introduction; Your Agreement to These Terms and Conditions.

The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you, an individual subscriber, customer, member, user, or recipient of a transfer of at least 18 years of age (“You”), and Obopay, Inc. (together with its subsidiaries and other affiliates, “Obopay”), regarding Your use of the Obopay mobile platform (the “Obopay Platform”). The Obopay Platform consists of services, products, software applications, and websites that allow You to receive, send and spend money directly from supported mobile phones, smartphones, home computers and other devices (each, a “Device”). This Agreement also applies to the use of the Obopay Platform by another person for whose use You have agreed to become responsible (“Authorized User”), if Obopay agrees to allow You to do so. A person who: (1) is the recipient of a transfer who uses the Obopay Platform for the sole purpose of collecting funds sent through the Obopay Platform; or (2) uses the Obopay Platform for the sole purpose of transferring or paying funds to an Obopay Account holder; has limited rights as described in Section 4.

The services hereunder are offered by Obopay, Inc., located at: 350 Marine Parkway, Suite 100, Redwood City, CA 94065. You may contact Obopay through the customer support web page at http://www.obopay.com/support. For purposes of this Agreement, Obopay's business days are Monday through Friday. Holidays are not included.


PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING OR USING THE OBOPAY PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE OBOPAY PLATFORM AND FOLLOW THE INSTRUCTIONS IN THIS AGREEMENT.


1. Eligibility.
THE OBOPAY PLATFORM IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18 (EXCEPT AN AUTHORIZED USER) OR TO ANYONE PREVIOUSLY SUSPENDED OR REMOVED FROM THE OBOPAY PLATFORM BY OBOPAY. By clicking the “I Agree” button or by otherwise downloading, installing, or using the Obopay Platform, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Obopay Platform.

2. Service Provider.
Obopay is a payment service provider and acts as Your agent only with respect to the custody of funds. Otherwise, Obopay is exclusively an independent contractor. Obopay does not have control over or liability for products or services paid for using the Obopay Platform.

3. User Services.
Your Obopay Account: When You sign up with Obopay, unless You sign up for the limited purpose of transferring; paying or collecting funds as described in Section 4, Obopay will establish an account (“Account”) that permits You to use the Obopay Platform. You must select a personal identification number (“PIN”) and a password (“Password”), and You must provide Your Device's phone number (“Mobile Number”) and Your e-mail address (“Email”).  You must keep Your Password and PIN confidential and not disclose them to others. Do not keep Your Password or PIN near Your Device. Each person for whom Obopay establishes an Account, including You, becomes a "User".

An Account is not a bank deposit account and is not FDIC-insured. You will not receive any interest on funds in Your Account.

Obopay may pool the funds from Your Account and the accounts of others, and may hold the proceeds in an account that is separate from Obopay's own accounts. You assign to Obopay any interest or earnings on the funds held in Your Account, and You agree that Obopay may keep any benefits provided by a financial institution that holds these funds.

You may not create a negative balance in Your Account. If a negative balance is ever created, Obopay may apply future transfers to the negative balance, and You agree to pay to Obopay, on demand, an amount sufficient to cover the negative balance. Moreover, You authorize Obopay to obtain funds to correct a negative balance from any External Account (defined below in Linking Credit Card, Debit Card and Bank Account) to Your Account.  If You fail to pay such amount on demand and funds are not able to be obtained from a funding source linked to Your Account, Obopay may take action necessary to collect such amounts from You, including collection action or use of third-party collectors. You agree to pay the actual costs of collection, to the extent permitted by law.

When Your Account is established, Obopay may provide You with a bonus or incentive, subject to the terms and conditions of any bonus or incentive program in effect and made available to You at the time You register. Obopay reserves the right to terminate any incentive promotional program at any time without notice to You.

Obtaining an Obopay Prepaid MasterCard® and/or an Obopay Family Prepaid MasterCard®: You may be able to enhance Your use of the Obopay Platform by obtaining an Obopay Prepaid MasterCard and/or an Obopay Family Prepaid MasterCard. If You apply for and receive an Obopay Prepaid MasterCard or an Obopay Family Prepaid MasterCard, the terms of the Obopay Prepaid MasterCard and/or the terms of the Obopay Family Prepaid MasterCard, as applicable will govern the use of Your card, and this Agreement applies to Your use of the Obopay Platform in connection with such Obopay Prepaid MasterCard and/or Obopay Family Prepaid MasterCard. If You obtain an Obopay Prepaid MasterCard, that prepaid card account, not an Obopay Account, will be used to make and receive transfers, and for other purposes in this Agreement.

Linking Credit Card, Debit Card and Bank Account:  You can link most credit cards, debit cards and checking accounts to Your Obopay Account.  Linking an eligible credit card, debit card or checking account (an “External Account”) allows You to use the Obopay services (1) to transfer funds from Your External Account to Your Obopay Account (“Loading” Your Obopay Account) or (2) to transfer funds from Your Obopay Account to Your External Account (“Unloading” Your Obopay Account).  Eligible credit cards and debit cards can be used as a source of funds for Your Obopay Account, but You cannot transfer funds from Your Obopay Account to a credit card.  Linked checking accounts (“Bank Deposits”) must be in a U.S. depository institution and must be accessible through the ACH system.  Most checking accounts are accessible via the ACH system.  Obopay does not have control over or liability for Your credit cards, debit cards or Bank Deposits.

Transfers: In this Agreement, a “transfer” means moving funds to or from an Account of any User. In order to make a transfer, You must access the Obopay Platform from a Device using either Your Mobile Number and PIN or user ID and Password. You can use the Obopay Platform for the following types of transfer activities:

  • Send: A request by You to make a transfer from Your Account to most people in the United States with mobile phones, including other Users.  If You do not have sufficient funds in Your Account when You attempt a Send, and You have a Bank Deposit, credit card, or debit card linked to Your Account, then You will be prompted to use one of these sources to Load Your Account to complete the Send. In this case the transfer becomes a Load & Send. If Your Account is not otherwise loaded with sufficient funds at the time of transfer, then the Send transfer will be cancelled. If You attempt to Send money to someone who is not yet a User or a Registered Recipient (as defined in Section 4), Obopay may require that the recipient satisfy certain identity checks in order to receive the funds You sent.
  • Request: A request by You to another User to make a Send to Your Account.
  • Load: A request by You to make a transfer from Your linked credit card, debit card, or Bank Deposit, or from Your payroll via direct deposit, to Your Account. Obopay does not accept checks to be loaded to Your Account.
  • Automatic Load:   A request by You to make an automatic, recurring Load to your Account, or that of an Authorized User, in an amount that you specify and at intervals that you designate.
  • Load & Send:  A request by You to Load Your Account with a transfer from Your linked Bank Deposit, credit card, or debit card in order to fund Your request to Send money.  This type of transfer is only available if You have a Bank Deposit, credit card, or debit card linked to Your Account. Your linked External Account must be linked to Your Account at the time of transfer or Your Load & Send transfer will be cancelled. If Obopay is not able to obtain authorization for a transfer of sufficient funds from Your External Account at the time of transfer, then the Load & Send transfer will be cancelled.
  • Unload: A request by You to make a transfer from Your Account to Your Bank Deposit or debit card.
  • Auto Unload:  A request by You to automatically unload the balance in Your Account to a specific Bank Deposit whenever Your Account has a positive balance.  All Send transfers will be automatically transferred to Your designated Bank Deposit if You have the Auto Unload feature activated.  If funds are credited to Your Account on a day other than a business day, the funds will still be immediately transferred out of your Account, even though Obopay may not be able to initiate a credit to Your designated Bank Deposit until the next business day. Thus, Your Account balance should usually be $0 if You choose Auto Unload.  You must specify a single Bank Deposit to be Your designated Bank Deposit.  You may change Your designated Bank Deposit at any time.  If You choose Auto Unload, then all Your Send transactions will be Load & Sends from Your linked Bank Deposit, credit card or debit card. If You wish to access the Send, Load, or Unload features, You will have to deactivate the Auto Unload feature.  The Auto Unload feature is not available if You have an Obopay Prepaid MasterCard.


All transfers are in U.S. dollars. Obopay reserves the right to refuse Your requests for transfers, and Obopay reserves the right to limit or block transfers to particular persons, including for the reason set forth in Section 9 of this Agreement or Obopay's acceptable use policy. Obopay also may, in its discretion, honor Your request to issue and send to You a check for funds in Your Account.  A fee will apply, and issuing and sending the check may take up to 15 business days.

There are limits on the type, amount, and frequency of transfers that You can make.  Click here to view the transfers You can make and applicable limits. [see Account Limits] These limits apply at the time You request a transfer and at the time a transfer is completed. Once You reach a particular transfer limit, Your ability to make that kind of transfer may be suspended.  In addition, Your ability to Unload to a particular External Account may be suspended if transfers to or from that External Account is rejected or fails for any reason.  Unless otherwise indicated, limits on Loads also apply to Load & Sends, and limits on Unloads also apply to Auto Unloads.  If Your Auto Unload is shut off, then funds will begin to accrue in Your Account as they are received.   

For security reasons, there may be additional limits on the number and amount of transfers You can make using the Obopay Platform.  For example, Your access to funds in Your Account or Your ability to use the Obopay Platform may be limited if You fail to provide Obopay with adequate identity verification information.  In such a situation, You will be limited in the number and amount of transfers You may make through the Obopay Platform.  In addition, You may be restricted in such situations from changing the Bank Deposit initially designated as Your designated Bank Deposit.  These restrictions generally will be lifted once You provide adequate identity verification information.  Obopay may increase applicable limits in its discretion as You continue to use the Obopay Platform. The limits are for the protection of Obopay and not You. Obopay will not be liable to You for failing to enforce any of these limits.

Authorization for Transfers:  When You link Your External Account with Obopay, You are affirming that You have all necessary right and authority to obtain funds from that External Account.  Each time You initiate or accept a transfer through the Obopay Platform You also are providing Your authorization for Obopay to debit or credit the accounts involved to complete the transfer, to correct any errors in the transfer and to resubmit any transfer that is rejected by the financial institution that holds the External Account.  You also authorize Obopay to debit Your Account, or Your External Account, if a sender did not actually have sufficient good funds to pay for a transfer that was credited to You.  All transfers must comply with U.S. law.  Your authorization will remain in full force and effect until You provide Obopay notification of Your termination of this authorization in such time as to afford Obopay and the bank that holds Your External Account a reasonable opportunity to act on it.  You may provide such notification by contacting Obopay through the customer support web page at http://www.obopay.com/support.

Pending Funds and Pending Transfers:  Funds that You Load from Your Bank Deposit (including through Load & Send) will not be available in Your Account to complete a Send until Obopay receives the funds through the ACH system.  Usually this takes 4-5 business days, although it may take longer.  During the time when the funds are not yet available, You may request a Send using those funds.  However, the Send will be listed as “pending” until the funds are available.  If You requested a Load & Send, the Send portion of the transaction will automatically be listed as pending until the funds are available.  Obopay will complete the Send after the funds are available.

Funds that You Load from a debit card or a credit card are immediately available in Your Account, and will be immediately transferred from Your Account if You use a Load & Send.

When You Unload funds to Your Bank Deposit, it may take several business days before You receive the funds, and have use of those funds, in Your Bank Deposit.  The availability of funds in Your Bank Deposit is governed by Your agreement with Your bank and applicable law.

Preauthorized Transfers: If You have arranged to have direct deposits made to Your Account at least once every 60 days from the same person or company, You can go to http://www.obopay.com/support or call Obopay at (888) 862-6729 to find out whether or not the transfer has been received by Obopay.

Effect of Transfers: Once You request a transfer, Your request may not be changed, withdrawn, or cancelled by You, except as described below for situations where the recipient is not yet an Obopay User or Registered Recipient. OBOPAY IS NOT RESPONSIBLE FOR ANY DISPUTES OR DISAGREEMENTS BETWEEN YOU AND ANY OTHER PARTY TO A TRANSFER. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PERSON, AND AGREE NOT TO INVOLVE OBOPAY IN SUCH DISPUTES.

Using the Obopay Platform to Make Transfers to and from an Obopay Family Prepaid MasterCard Account: If You have obtained an Obopay Family Prepaid MasterCard, You may use the Obopay Platform to make the following types of transfers to and from your Obopay Family Prepaid MasterCard Account: Load (except through direct deposits), Automatic Load, Send and Unload. You may also transfer funds from your Obopay Family Prepaid MasterCard Account to your Account.

Sending to Someone Not Registered With Obopay: If You request a Send or Load & Send transfer to a person who is not yet an Obopay User or Registered Recipient, Obopay will send a notification to that person using the information You provided. If the person contacts Obopay within 30 days of the date You requested the Send or Load & Send, then the person will have the option of accepting the Send or Load & Send transfer, rejecting it, or offering to negotiate with You about the amount of the transfer. If the person accepts the transfer, or requests to negotiate and You and that person agree on the amount, then the funds will be transferred to that person. If Your initial transfer request was a Send transfer, the funds will be taken from Your Account at the time the person accepts the transfer. If Your initial transfer request was a Load & Send transfer, the funds will be taken from Your account and Your linked credit card or debit card at the time the person accepts the transfer in the amounts You defined at the time of initiating the request. You may not make a Load & Send transfer from a linked Bank Deposit to a person who is not yet an Obopay User. You are responsible for ensuring that there are sufficient funds in Your Account, or through Your linked credit card or debit card, at the time You request the transfer and at the time the recipient accepts the transfer. If there are not sufficient funds, the transfer will be cancelled. If a recipient does not contact Obopay within 30 days, or if You notify Obopay at any time before the designated recipient accepts the transfer, Obopay will cancel the transfer.

If the person to whom You make a Send or a Load & Send transfer contacts Obopay and accepts the transfer, but has not, within 60 days of doing so, provided Obopay sufficient information to allow Obopay to give that person access to the Obopay Platform and to collect the transfer, then Obopay reserves the right to cancel the Send or Load & Send transfer, and to put the funds in Your Account.

Receiving Funds Sent through Obopay:  If another Obopay User sends You funds using the Obopay Platform, those funds will be automatically credited to Your Account.  If You have requested Auto Unload the funds will be automatically transferred to Your Bank Deposit. If Your linked Bank Deposit rejects an Auto Unload transfer, Auto Unload will be deactivated and all funds received by You from that point forward will be placed in Your Account. You may instruct Obopay to reactivate the Auto Unload feature on Your Account after You have updated the information on Your Bank Deposit or You have resolved any transfer issues with the financial institution holding Your Bank Deposit.

Information about Your Account and Transfers: You can obtain Your Account balance and information about the transfers You made for the last 30 days (“Account History”) at the Obopay website.

4. Registered Recipients and Unregistered Senders.
You may receive funds sent to You through the Obopay Platform or send funds or make a payment to a User without an Obopay Account by establishing non-User access to the Obopay Platform. If You become an Obopay User You may reject a transfer or negotiate it by requesting a different transaction amount. If the sender does not accept Your request, the transfer will be cancelled.

A person with non-User access to the Obopay Platform for the purpose of receiving funds (a “Registered Recipient”) may only claim funds sent from a User through the Obopay Platform.  A person with non-User access to the Obopay Platform for the purpose of sending funds or making a payment ("Unregistered Sender") may transfer funds or make a payment to a User from a credit card or debit card only. To become a Registered Recipient or Unregistered Sender, You must provide Your Device's phone number for verification purposes.  Other personally identifiable information may be required by Obopay.  You also must accept this Agreement, although the provisions of Sections 3 and 7 do not apply to Registered Recipients or Unregistered Senders.

As a Registered Recipient or Unregistered Sender, You do not have an Account, and You are limited in the number and size of transfers You may make.  Click here to view the applicable limits. [see Account Limits]  For security reasons, there may be additional limits on the number and amount of transfers You may make.  As a Registered Recipient or Unregistered Sender, Obopay may refuse Your request to transfer funds for reasons that include those set forth in Section 9 of this Agreement or Obopay's acceptable use policy. 

Funds sent by a User through the Obopay Platform to a person who has not yet signed up to use the Obopay Platform are not transferred to the recipient, and remain with the sender, until the recipient becomes a User or signs up as a Registered Recipient. You have no right, title, or interest to any funds sent to You until those funds are finally settled to Your bank account.

By signing up as a Registered Recipient, You direct Obopay to transfer all funds received by You, less applicable fees, by ACH to Your bank account.  You must provide Obopay with all requested details regarding Your bank account.  It will take several business days before You will receive the funds deposited in Your bank account.  All transfers are in U.S. dollars.

The availability of funds in Your bank account is governed by Your agreement with Your bank and applicable law.  Funds rejected by the financial institution holding the bank account identified by You may be returned to the sender's Account if you do not provide Obopay with corrected information. You authorize Obopay to credit Your bank account as described in this section and to initiate debits or credits in order to correct any transfer errors.  All transfers must comply with U.S. law.  Once a transfer is initiated, Your may not change, withdraw, or cancel Your authorization.  Your authorization will remain in full force and effect until You provide Obopay notification of Your termination of this authorization in such time as to afford Obopay and the bank that holds Your bank account a reasonable opportunity to act on it.  You may provide such notification by contacting Obopay through the customer support web page at http://www.obopay.com/support.

5. Privacy Policy & Information Sharing.
Your privacy is important to Obopay. Please read Obopay's Privacy Policy carefully for information relating to Obopay's collection, use, and disclosure of Your personal information

Obopay will disclose information to third parties about Your Account or Your transfers:

  • In order to complete transfers, and to provide transfer information (for example, your name or phone number) to senders and recipients, or
  • In order to verify the existence and condition of Your Account for a third party, such as a credit bureau or bank, or
  • In order to comply with government agency or court orders, or
  • In order to prevent actual or suspected fraud, or abuse of the Obopay Platform, or
  • If You give Your written permission, or
  • As otherwise provided in Obopay's Privacy Policy.

When You register to use the Obopay Platform, and at any time You are a registered user, in any capacity, You also authorize Obopay, and third parties used by Obopay, to obtain information in order to prevent fraud and abuse of the Obopay Platform. This may include capturing information about You and Your Device, and comparing that information with databases operated by Obopay or third parties.

You authorize Obopay to send You and Authorized Users emails and messages regarding Your use of the Obopay Platform, Your Account, and transfers to or from Your Account. Obopay is not obligated to provide such emails or messages to You or any Authorized User.

6. Fees
Obopay charges, and You agree to pay, the fees set forth in the Obopay Fees Table that You may access by clicking here, and that is incorporated into this Agreement.

In addition to the fees that Obopay charges, You may also be required to pay fees and charges to others in connection with Your use of the Obopay Platform. For example, Your mobile telephone company may impose charges for use of Your Device in connection with Obopay. The financial institution that issues Your credit card or debit card, or holds Your Bank Deposit, or receives funds transferred by You as a Registered Recipient, may charge You for transfers between that card or account and the Obopay Platform. If You use a credit card, You may be charged interest.

7. Unauthorized Transactions
If You believe Your PIN or Password has been lost or stolen, contact Obopay through the customer support web page at http://www.obopay.com/support , or call (888) 862-6729, or write Obopay, Inc., 350 Marine Parkway, Suite 100, Redwood City, CA 94065.

Tell Obopay AT ONCE if You believe Your PIN or Password has been lost or stolen. Telephoning is the best way of keeping Your possible losses down. You could lose all the money in Your Account, as well as money in Your Bank Deposit or amounts available through a linked debit card or credit card. If You tell Obopay within 4 business days after You learn of the loss or theft of Your PIN or Password, You can lose no more than $50 if someone used Your PIN or Password without Your permission.)

If You do NOT tell Obopay within 4 business days after You learn of the loss or theft of Your PIN or Password, and Obopay can prove it could have stopped someone from using Your PIN or Password without Your permission if You had told Obopay, You could lose as much as $500.

Also, if Your Account History shows transfers that You did not make, including those made by card, code or other means, tell Obopay at once. If You do not tell Obopay within 90 days after the Account History was made available to You, You may not get back any money You lost after the 90 days if Obopay can prove that it could have stopped someone from taking the money if You had told Obopay in time. If a good reason (such as a long trip or a hospital stay) kept You from telling Obopay, it will extend the time periods.

8. Software Use
Obopay Software is made available to You by Obopay pursuant to the terms and conditions of end user license agreements. You must carefully read any applicable end user license agreement before You use the Obopay Platform.

When You download Obopay software over the air, Obopay will pay for the cost of sending the text message that You need to download the software. However, certain carriers or providers may charge You for receiving this text message as well as other data charges. Moreover, depending on Your plan and Your carrier or provider, You may be charged for using Your Device when You use the Obopay Platform.

9. Prohibited Conduct.
BY USING THE OBOPAY PLATFORM YOU AGREE NOT TO:

  • use the Obopay Platform for any purposes other than to send or receive transfers and/or to access the Obopay Platform in accordance with these Terms and Conditions and as such services are offered by Obopay;
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Obopay Accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Obopay Platform, perform any other similar fraudulent activity or otherwise send or receive what Obopay reasonably believes to be potentially fraudulent funds;
  • infringe Obopay's or any third party's intellectual property rights, rights of publicity or privacy;
  • make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  • use the Obopay Platform, or request or make any transfer, for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy;
  • defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about Users, Registered Recipients, or third parties without their consent, or use the Obopay Platform for any commercial use, it being understood that the Obopay Platform is for personal use only;
  • use the Obopay Platform if You are under the age of eighteen (18) without a parental sponsor in accordance with Obopay's rules and Guidelines or in any event use the Obopay Platform if You are under the age of thirteen (13) years old even with a parental sponsor and in accordance with applicable law;
  • refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Obopay;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Obopay Platform or features that enforce limitations on the use of the Obopay Platform;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Obopay Platform or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
  • use the Obopay Platform in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Obopay service in an automated manner;
  • modify, adapt, translate or create derivative works based upon the Obopay Platform or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
  • intentionally interfere with or damage operation of the Obopay Platform or any User's or Registered Recipient's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • access the Obopay Platform from a country that is not included on Obopay's permitted countries list;
  • use any robot, spider, other automatic device, or manual process to monitor or copy the Obopay website without prior written permission;
  • use any device, software or routine to bypass Obopay's robot exclusion headers, or interfere or attempt to interfere, with the Obopay Platform;
  • sell the Obopay software or any services, information, or software associated with or derived from it;
  • breach this Agreement or any other Obopay agreement or policy;
  • violate any law, statute, ordinance or regulation (for example, those governing financial services);
  • provide false, inaccurate or misleading information;
  • send or receive what Obopay reasonably believes to be potentially fraudulent funds;
  • use Your Account or the Obopay Platform in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Obopay, a User, a third party or You;
  • Use Your Account or the Obopay Platform in a manner that Obopay or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules;
  • allow Your Account to have a negative balance;
  • provide Yourself with a cash advance from Your credit card (or help others to do so); or
  • take any action that may cause Obopay to lose any of the services from its service providers, payment processors or other suppliers.
  • attempt to “double dip” during the course of a dispute by receiving or attempting to receive funds from Obopay and the seller or any third party for the same transaction;
  • control an Account that is linked to another Account that has engaged in any of the foregoing activities. Obopay may use evidence other than Your Account information to determine whether You control an Account in someone else's name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.

You agree that Obopay may seize or freeze Account funds that are reasonably deemed by Obopay to be in Accounts because of fraud or a prohibited behavior outlined in this section.

10. Account Passwords and Registration
You agree that the information You provide to Obopay on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your Account ID, PIN, Password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Obopay.

11. Third Party Sites, Products and Services; Links.
The Obopay Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Obopay does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Obopay Platform are solely between You and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.

12. Termination; Agreement Violations.
You agree that Obopay, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your Account (or any part thereof) or Your use of the Obopay Platform and remove and discard all or any part of Your Account, Your User profile, or Your Registered Recipient profile, at any time. Obopay may also in its sole discretion and at any time discontinue providing access to the Obopay Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Obopay Platform or any Account You may have or portion thereof may be effected without prior notice, and You agree that Obopay will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Obopay may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Obopay Platform and to uninstall and/or destroy all copies of the Obopay software, any accompanying documentation, and all other associated materials.

If Your Account is dormant, Obopay may close Your Account and send any balance to You by check to the address on record, less any applicable fees. Obopay may also be required to escheat balances on dormant Accounts or unclaimed funds from time to time.

You may terminate this Agreement at any time by providing written notice to Obopay, uninstalling all copies of the Obopay software on Your computer and/or Device, destroying all copies of the Obopay software in Your possession, discontinuing use of any and all parts of the Obopay Platform, and returning to the issuing financial institution any Obopay Prepaid MasterCard that had been issued to You. You are responsible for use of Your Account, PIN, and Password after termination.

13. Ownership; Proprietary Rights.
The Obopay Platform is owned and operated by Obopay and/or third party licensors. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the Obopay Platform provided by Obopay (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Obopay, all Materials, trademarks, service marks, and trade names contained on the Obopay Platform are the property of Obopay and/or third party licensors or suppliers. You agree not to remove, obscure, or alter Obopay or any third party's copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Obopay Platform. Except as expressly authorized by Obopay, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Obopay reserves all rights not expressly granted in this Agreement. If You have comments regarding the Obopay Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Obopay, and shall assign to Obopay, all right, title and interest in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.

14. Indemnification.
You agree to indemnify, save, and hold Obopay, its contractors, employees, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Obopay Platform, any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. Obopay reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Obopay, including rights to settle, and You agree to cooperate with Obopay's defense and settlement of these claims. Obopay will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

15. Liability of Obopay for Failure to Complete Transfers.
If Obopay does not complete a transfer to or from Your Account on time or in the correct amount according to this Agreement, Obopay will be liable for Your losses or damages to the extent required by law. However, there are some circumstances where Obopay is not liable. Obopay will not be liable, for instance:
  • If, through no fault of Obopay's, You do not have enough money in Your Account to make the transfer.
  • If, through no fault of Obopay's, You do not have enough money available in or through any External Account You attempt to debit for a transfer.
  • If the funds in Your Account are subject to legal process or other encumbrance restricting their use.
  • If the Obopay Platform or system was not working properly and You knew about the breakdown when You started the transfer.
  • If circumstances beyond Obopay's control (such as fire or flood, or actions of a third party) prevent the transfer, despite reasonable precautions that Obopay has taken.
  • If the failure results from a communications failure, such as the failure of a cellular telephone company to complete a text, voice, or data transmission accurately.
  • If the failure results from a failure of a financial institution that holds the Bank Deposit or issues the credit card or debit card linked to Your Account, or Obopay is unable to access any External Account for any reason other than due to Obopay's fault.
  • If You provided inaccurate or incomplete information regarding the transfer.
  • If the transfer appears suspicious, fraudulent or unauthorized, and Obopay cannot confirm that it is a legitimate transfer, or if the transfer is (or appears to be) prohibited by law or rules.
  • There may be other exceptions stated in this Agreement.

Obopay is not responsible for the actions of the persons to whom You Send a transfer, or from whom You receive a transfer.

16. Disclaimer; No Warranties
AS SET FORTH IN SECTION 15, OBOPAY WILL BE LIABLE TO YOU IN CERTAIN CIRCUMSTANCES IF OBOPAY DOES NOT COMPLETE A TRANSFER TO OR FROM YOUR ACCOUNT ON TIME OR IN THE CORRECT AMOUNT. NOTHING IN THIS SECTION 16 LIMITS OR CONDITIONS OBOPAY'S LIABILITY TO YOU UNDER SECTION 15.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OBOPAY AND ITS THIRD-PARTY PARTNERS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OBOPAY OR THROUGH THE OBOPAY PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM “OBOPAY” INCLUDES OBOPAY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

YOU EXPRESSLY AGREE THAT USE OF THE OBOPAY PLATFORM IS AT YOUR SOLE RISK. THE OBOPAY PLATFORM AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE OBOPAY PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. OBOPAY, AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE DATA, OBOPAY SOFTWARE, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE OBOPAY PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

OBOPAY AND ITS THIRD PARTY SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE OBOPAY PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. .

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE OBOPAY PLATFORM (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

17. Limitation of Liability and Damages.
AS SET FORTH IN SECTION 15, OBOPAY WILL BE LIABLE TO YOU IN CERTAIN CIRCUMSTANCES IF OBOPAY DOES NOT COMPLETE A TRANSFER TO OR FROM YOUR ACCOUNT ON TIME OR IN THE CORRECT AMOUNT. NOTHING IN THIS SECTION 17 LIMITS OR CONDITIONS OBOPAY'S LIABILITY TO YOU UNDER SECTION 15.

IN NO EVENT WILL OBOPAY OR ITS CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO (I) THIS AGREEMENT, (II) THE OBOPAY PLATFORM OR ANY REFERENCE SITE, (III) YOUR USE OR INABILITY TO USE THE OBOPAY PLATFORM (INCLUDING ANY AND ALL MATERIALS) OR ANY REFERENCE SITES, OR (IV) ANY OTHER INTERACTIONS WITH ANOTHER OBOPAY USER IN CONNECTION WITH THE OBOPAY PLATFORM, EVEN IF OBOPAY OR AN OBOPAY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Obopay or any of its contractors, employees, agents, third party partners, licensors or suppliers' total liability to You for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Obopay Platform, (iii) Your use or inability to use the Obopay Platform (including any and all Materials) or any Reference Sites, or (iv) any other interactions with Obopay or another Obopay User, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by You, if any, for using the portion of the Obopay Platform giving rise to the cause of action or One Hundred Dollars ($100), whichever is greater.

YOU ACKNOWLEDGE AND AGREE THAT OBOPAY HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OBOPAY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OBOPAY. OBOPAY WOULD NOT BE ABLE TO PROVIDE THE OBOPAY PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such cases, Obopay's liability will be limited to the fullest extent permitted by applicable law.

18. Modification of this Agreement.
Obopay reserves the right to change, modify, add, or remove portions of this Agreement (each, a "change") at any time by posting notification to an Obopay web site www.obopay.com or otherwise communicating the notification to You. The changes will become effective, and shall be deemed accepted by You, 24 hours after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate Your use of the Obopay Platform. For certain changes, Obopay may be required to give You advance notice, and Obopay will comply with such requirements.

19. Notice.

Obopay may provide You with notices and communications by email, regular mail or postings on the Obopay web site www.obopay.com or by any other reasonable means. Except as otherwise set forth herein, notice to Obopay must be sent by first-class mail to Obopay, Inc., Attention: General Counsel, 350 Marine Parkway, Suite 100, Redwood City, CA 94065.

20. Waiver.
The failure of Obopay to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Obopay.

21. Governing Law.
This Agreement be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

22. Arbitration
In this Arbitration section:
  • "you" and "your" mean You, as well as any person claiming through You, including Authorized Users;
  • "we", "us", and "our" means Obopay and its parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as their respective officers, directors, and employees; and
  • “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between you and us, and includes claims that are brought as counterclaims, cross claims, third party claims, or otherwise and disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration section.

Any Claim between you and us shall be resolved, upon the election of either you or us, by binding arbitration administered by the American Arbitration Association ("AAA") or the National Arbitration Forum ("NAF"), under its rules applicable to consumer disputes ("Rules"). You can obtain the Rules and other information about initiating arbitration by contacting the AAA at 335 Madison Avenue, New York, NY 10017, or at www.adr.org, or the NAF at P.O. Box 50191, Minneapolis, MN 55405, or at www.adrforum.com. Our address for serving any arbitration demand or claim is General Counsel, 350 Marine Parkway, Suite 100, Redwood City, CA 94065.

If you file a Claim, you can chose either the AAA or the NAF as Administrator; if we file a Claim, we will make the initial selection but you can require us to use either the AAA or the NAF by providing us written notice within 30 days of your receipt of notice of the Claim. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.

We will pay all filing and administration fees charged by the Administrator and arbitrator fees up to $1,000, and we will consider your request to pay any additional arbitration costs. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees paid by you to the Administrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration.

Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as the parties may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. ' 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. The arbitrator's award shall be final, except for any appeal that may be permitted under the Federal Arbitration Act. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.

Neither you nor we shall have the right to participate as a representative or member of any class of claimants in arbitration, and you and we further agree that claims of third parties shall not be joined in any arbitration between you and us, without the express written consent of both you and us. The validity and effect of this paragraph shall be determined exclusively by a court, and not by the Administrator or any arbitrator. The arbitrator shall have not power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other Users, or other persons similarly situated.

If any portion of this Arbitration section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this provision. However, if the section precluding class actions is deemed invalid or unenforceable in whole or in part, then this entire Arbitration section shall be deemed invalid and unenforceable. The terms of this Arbitration section will prevail if there is any conflict between the Rules and this provision.

THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS RESOLUTION OF DISPUTES PROVISION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. THEY ACKNOWLEDGE THAT ARBITRATION WILL LIMIT THEIR LEGAL RIGHTS, INCLUDING THE RIGHTS TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED UNDER THE FEDERAL ARBITRATION ACT).

You may reject this Arbitration section, in which case neither you nor we will have the right to elect arbitration. Rejection of this provision will not effect the remaining parts of this Agreement. To reject this Arbitration section, you must send us written notice of your rejection within 30 days after the date that you first became an Obopay User. You must include your name, address, and Mobile Number. The notice of rejection must be mailed to General Counsel, 350 Marine Parkway, Suite 100, Redwood City, CA 94065. This is the only way that you can reject this Arbitration section.

The parties acknowledge and agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. This Arbitration section shall survive the termination of this Agreement.

23. Severability
If any provision of this Agreement or any Guidelines is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.

24. Assignment
This Agreement and related Guidelines, and any rights granted hereunder, may not be transferred or assigned by You without Obopay's prior written consent which may be withheld in its sole discretion, but may be assigned by Obopay without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.

25. Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration, including, but not limited to, Sections 1, 2, 5, 6, 8, 9, 11-14 and 16-28. 

26. Headings
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

27. Disclosures
The services hereunder are offered by Obopay, Inc., located at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, which may be contacted through http://www.obopay.com/support. You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.

28. Entire Agreement
This is the entire agreement between You and Obopay relating to the subject matter hereof and will not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by Obopay in accordance with the terms of this Agreement.

THE FOLLOWING ARE NOT PART OF THE AGREEMENT, BUT ARE IMPORTANT NOTICES FOR OBOPAY USERS:

*In Case of Errors or Questions about Your Transfers *

Contact Obopay electronically through its web page at www.obopay.com/support, or Write Obopay at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, or Telephone Obopay at (888) 862-6729, or as soon as You can, if You think Your Account History or transfer information is wrong or if You need more information about a transfer listed on Your Account History. Obopay must hear from You no later than 90 days after You obtained the FIRST Account History on which the problem or error appeared.

(1) Provide Your name and Mobile Number.
(2) Describe the error or the transfer You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information.
(3) Indicate the dollar amount of the suspected error.

If You provide notice orally, Obopay may require that You send Your complaint or question in writing within 10 business days. Obopay will determine whether an error occurred within 10 business days after hearing from You and will correct any error promptly. If Obopay needs more time, however, Obopay may take up to 45 days to investigate Your complaint or question. If Obopay decides to do this, Obopay will credit Your Account within 10 business days for the amount You think is in error, so that You will have the use of the money during the time it takes Obopay to complete the investigation. If Obopay asks You to put Your complaint or question in writing and Obopay does not receive it within 10 business days, Obopay may not credit Your Account.

For errors involving new Accounts, Obopay may take up to 90 days to investigate Your complaint or question. For new Accounts, Obopay may take up to 20 business days to credit Your Account for the amount You think is in error.
Obopay will tell You the results within three business days after completing the investigation. If Obopay decides that there was no error, Obopay will send You a written explanation. You may ask for copies of the documents that were used in the investigation.

ALL QUESTIONS ABOUT TRANSFERS MADE USING THE OBOPAY PLATFORM MUST BE DIRECTED TO OBOPAY AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK DEPOSIT. Obopay is responsible for the Obopay Platform and for resolving any errors in transfers You make using the Obopay Platform.

Your transfers will appear on the Account History that Obopay provides online, and the transfers that involve Your Bank Deposit will appear on the statement issued by Your bank or other financial institution. SAVE THE RECORDS YOU HAVE FOR YOUR USE OF THE OBOPAY PLATFORM, AND CHECK YOUR RECORDS AND THE ACCOUNT HISTORY AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If You have any questions about one of these transactions, contact Obopay electronically through its web page at www.obopay.com/support, or write Obopay at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, or telephone Obopay at (888) 862-6729.

IF YOUR PIN OR PASSWORD IS LOST OR STOLEN, NOTIFY OBOPAY AT ONCE by contacting Obopay electronically through its web page at www.obopay.com/support, or write Obopay at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, or telephone Obopay at (888) 862-6729.

Cardholder Agreement

IMPORTANT - PLEASE READ CAREFULLY
Terms and Conditions/Definitions for the Obopay Prepaid MasterCard®

This document constitutes the agreement ("Agreement") between you and the Issuer outlining the terms and conditions under which the Obopay Prepaid MasterCard has been issued to you. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. "Card" means the Obopay Prepaid MasterCard issued to you by The Bancorp Bank, Wilmington, Delaware. "Issuer" means The Bancorp Bank or its depository institution affiliate. The Issuer is an FDIC insured member institution. "Card Account" means the records we maintain to account for the value of claims associated with the Card. "Obopay Platform" means the services, products, software applications, and websites that allow users to receive, send, load and spend money directly from supported mobile phones, smartphones, or other devices. "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or that have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Our business days are Monday through Friday, excluding federal holidays, even if we are open. 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. Please read this Agreement carefully and keep it for future reference.

Obtaining Your Card

The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account. What this means for you: When you open a Card Account, we will ask for your name, address, date of birth, and other information that will allow us to reasonably identify you. We may also ask to see your driver's license or other identifying documents at any time.

If you satisfy our Card issuance requirements, we will provide you with your Card information details consisting of a Card number, expiration date and verification code. You can immediately start using your Card information for Internet and phone-based transactions that do not require a physical plastic Card or Personal Identification Number ("PIN"), including loading your Card Account. After you load value to your Card Account, a plastic Card will be shipped to you.

Once the plastic Card arrives, you must activate it by dialing the number on the Card and following the instructions provided to you. Please note that the plastic Card will have a different number, expiration date and verification code from the original Card information details. The original Card information details will expire upon activation of the plastic Card.

Inactive Accounts

If you do not load value to your Card within six (6) months of the date it is issued, we may close the Card Account, and you will have to reapply if you want to use the Card. Each Card Account may only have one active Card.

We also may close your Card Account if you do not have any transactions in your Card Account, other than fee deductions, for sixty (60) or more consecutive days. You will have to reapply if you want to use the Card.

Authorized Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, 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 each Card according to the terms and conditions of this Agreement.

Secondary Cardholder

You may not request an additional Card for another person.

Using the Obopay Platform

When you use the Obopay Platform in connection with your Card (e.g., to send or receive funds via your mobile phone), your use of the Obopay Platform will be governed by the Obopay Terms & Conditions (the "Obopay Terms") https://www.obopay.com/corporate/en_US/terms.shtml. The Obopay Terms, not this Agreement, will govern your transfers using the Obopay Platform, and Obopay is responsible for such transfers. The transfers you make using the Obopay Platform will access the Card value associated with your Card Account. You authorize us to receive value onto your Card from the Obopay Platform, and to accept instructions from Obopay regarding your transfers using the Obopay Platform.

Personal Identification Number

When you activate your Card you will be prompted to create a Personal Identification Number ("PIN") for your Card. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by other and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers."

Cash Access

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine ("ATM") or any Point-of-Sale ("POS") device, as permissible by merchant, that bears the MasterCard., Maestro., Cirrus., or STAR. brand. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM. The maximum cumulative amount that may be withdrawn from an ATM per day is $220.00 and up to $550.00 per week with a maximum of two (2) withdrawals per day and a maximum of five (5) withdrawals per week. The maximum cumulative amount that may be withdrawn from a participating bank (over the counter withdrawal) per day is the available balance of your Card. Any funds withdrawn from a POS device will be subject to the maximum amount that can be spent on your Card per day.

Information Provided to Both, the Issuer and Obopay

When you apply for a Card, you are providing your application information to both, Obopay and the Issuer. Similarly, when you use the Obopay Platform to access your Card Account, the information relating to your transactions is being provided directly to both Obopay and the Issuer. Information about you and your accounts also may be shared between Obopay and the Issuer as explained further in the "Confidentiality" section below.

Loading Your Card

You may add funds to your Card called "value loading," at any time. The minimum amount of an initial value load using the Obopay Platform is $10.00. The minimum amount of an initial value load using cash is $10.00. There is no minimum initial value load if you are loading your Card Account by direct deposit.

The minimum amount of each value reload is $0.01.

The maximum amount of an initial value load via Obopay Platform is $2,500.00. The maximum amount of an initial value load via direct deposit is $5,000.00. The maximum amount of an initial value load via cash is $1,000.00.

The maximum amount of each value reload via the Obopay Platform is $2,500.00. The maximum amount of each value reload via direct deposit is $5,000.00. The maximum cumulative amount of value reloads via cash is $1,000.00 per week. The maximum number of times you may load your Card per day is one (1) if loading via direct deposit. The maximum number of times you may load your Card per week is three (3) if loading via cash. You will have immediate access to funds loaded to your account via direct deposit and cash loading networks. Please review the Obopay Terms regarding the availability of funds loaded with the Obopay Platform.

Your Card value may not exceed $2,500.00, except that you may increase the value of your Card up to a maximum of $5,000.00 at any given time by adding funds through direct deposit.

You may add value or load your Card using the Obopay Platform, by direct deposit, or with cash.

When loading using the Obopay Platform, you can use the Obopay Platform to link an "External Account" (eligible credit card, debit card and checking accounts at a U.S. financial institution) to your Card, and you can draw on that External Account to fund (or "load value" to) your Card as described in and subject to the Obopay Terms (https://www.obopay.com/corporate/en_US/terms.shtml).

To view a complete list of limits on the type, amount, and frequency of transactions you can make involving your Card, see the Account Limits table at https://www.obopay.com/corporate/en_US/accountLimits.shtml.

Your Card value increases when you receive transfers from another Obopay User, as provided in, and subject to, your Obopay Terms (https://www.obopay.com/corporate/en_US/terms.shtml).

We participate in several cash load networks (each, a "Load Network"). For a current list of Load Networks and links to locator services, please see https://www.obopay.com. When you load value to your Card via cash at a Load Network, the terms and conditions that govern your load transaction are provided by that Load Network. You can load cash to your Card via Load Networks only.

Direct Deposit Account

Your prepaid Card Account and associated direct deposit account number cannot be used for preauthorized direct debits from merchants or from utility or Internet service providers. If presented for payment, these preauthorized direct debits will be declined and your payment to the merchant or provider will not be processed. The bank routing number and direct deposit number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are not authorized to provide this bank routing number and direct deposit account number to anyone other than your employer or payer.

Unloading

You can use the Obopay Platform to make any of the transfers described in the Obopay Terms, including unloading money to your linked Bank Deposit Account and sending money to other Obopay users. Those services are provided by Obopay and are subject to the Obopay Terms (https://www.obopay.com/corporate/en_US/terms.shtml).

To view a complete list of limits on the type, amount, and frequency of transactions you can make involving your Card see the Account Limits table at https://www.obopay.com/corporate/en_US/accountLimits.shtml

Using Your Card/Features

The maximum cumulative amount that can be spent on your Card per day is $1,200.00. The maximum value of your Card Account is restricted to $2,500.00 if loading via the Obopay Platform or with cash. The maximum value of your Card is restricted to $5,000.00 if loading via direct deposit.

You may use your Card to purchase or lease goods or services wherever Debit MasterCard, Maestro cards, or STAR cards are accepted as long as you do not exceed the value available on your Card Account. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

If you use your Card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.

Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You may not make preauthorized regular payments from your Card Account. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. If you have a problem with a purchase that you made with your Card, or if you have a dispute with the merchant, you must handle it directly with the merchant.

Card Replacement

If you need to replace your Card for any reason, please contact us at 1-888-862-6729 to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, etc. There is a fee for replacing your Card.

Charges Made In Foreign Currencies

If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by MasterCard International Incorporated into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by MasterCard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate MasterCard International Incorporated itself receives, or the government-mandated rate in effect for the applicable central processing date. If you make a purchase or withdrawal in a currency other than the currency in which your Card was issued, the Issuer may assess a foreign currency conversion fee of 2.95% of the transaction amount and will retain this amount as compensation for its services.

Receipts

You should get a receipt at the time you make a transaction using your Card at ATM or POS. You agree to retain, verify, and reconcile your transactions and receipts.

Card Account Balance/Periodic Statements

You are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determine your available balance. It's important to know your available balance before making any transaction. You may access your available balance by accessing your Card Account online or by calling 1-888-862-6729. You may view your transaction history electronically free of charge at http://www.obopay.com during each month in which a transaction occurs. You will not automatically receive paper statements. You may choose to have a paper statement mailed to you by contacting us each time at 1-888-862-6729. However, there is a fee for this service.

Fee Schedule

All fee amounts will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. Anytime your remaining Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount.

Additional fees charged by Obopay in connection with the use of the Obopay Platform are set forth in the Obopay Fee Table at https://www.obopay.com/corporate/en_US/fees.shtml

Enrollment and Monthly Fees
Enrollment Fee for Obopay Prepaid MasterCard: $ 9.95 (one time fee)
Monthly Maintenance Fee: $ 4.95 (per month)

Card Transaction Fees
ATM Transaction Fee:
(ATM cash withdrawal fee, domestic)
$ 1.95 (per transaction)
ATM Decline Fee:
(ATM cash decline fee, domestic)
$ 0.95 (per transaction)
ATM Transaction Fee: (International) $ 2.95 (per transaction)
ATM Decline Fee: (International) $ 1.95 (per transaction)
ATM Balance Inquiry Fee: $ 0.95 (per inquiry)
Currency Conversion Fee (purchases OR ATM withdrawals in foreign currency) 2.95% (of transaction amount)
Over the counter cash at bank fee (over the counter withdrawal) $1.95 (per transaction)
Paper Statement Fee: $ 4.95 (per paper statement requested)

Other Fees
Lost/Stolen Replacement Card Fee (replacement of lost, stolen or damaged Cards) $ 10.00 (per Card)
Card Account Liquidation Fee: $ 15.95 (charged if you requested closing your Card Account AND a check is issued for funds on your Card Account)
Expedited Card Delivery and Shipment Fee: $ 30.00 (per Card)

* The Monthly Maintenance Fee commences when your Card information details are provided prior to the plastic Card being sent.

If you use an ATM not owned by us for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee will be charged to your Card.

Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

(1) Where it is necessary for processing transactions;
(2) In order to verify the existence and condition of your Card for a third party, such as merchant;
(3) In order to comply with government agency, court order, or other legal reporting requirements;
(4) If you give us your written permission; or
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed;
(6) To notify senders or recipients about the status of transfers involving your Card.

Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

(1) If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
(2) If a merchant refuses to accept your Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
(5) If access to your Card has been blocked after you reported your Card lost or stolen;
(6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(9) Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at 1-888-8OBOPAY (1-888-862-6729), or write to us at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, or contact us through www.obopay.com. Under MasterCard Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0.00 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. If you notify us within two (2) business days, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.

Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down.

Other Terms

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, call 1-888-862-6729, or write to Cardholder Services at Obopay Prepaid Card, 350 Marine Parkway, Suite 100, Redwood City, CA 94065, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact us no later than sixty (60) days after the FIRST statement was made available to you on which the problem or error appeared.

1. Provide your name, and Card number (if any).
2. Describe the error or the transaction you are unsure about, and explain why you believe it is an error or why you need more information.
3. Provide the dollar amount of the suspected error.
If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card. For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section.

English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service

For customer service or additional information regarding your Card, please contact Obopay Cardholder Services at: 1-888-862-6729, or write Obopay at: Obopay Prepaid Card, 350 Marine Parkway, Suite 100, Redwood City, CA 94065, Attn. Customer Service, or contact us at www.obopay.com.

This Cardholder Agreement is effective 08/2009

Arbitration

ARBITRATION AGREEMENT SECTION

In this Arbitration Agreement ("Arbitration Agreement") section:

  • "you" and "your" mean You, as well as any person claiming through You, including Authorized Users;
  • "we", "us", and "our" mean the Issuer and Obopay (but only to the extent that Obopay is named as a party with respect to a Claim against the Issuer) and their respective parents, subsidiaries, affiliates, predecessors, successors, marketing representatives, servicers, assigns, and any other party providing services in connection with this Agreement, as well as their respective officers, directors, and employees; and
  • "Claim" means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between you and us, and includes claims that are brought as counterclaims, cross claims, third party claims, or otherwise and disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration Agreement section.

Any Claim between you and us shall be resolved, upon the election of either you or us, by binding arbitration administered by the American Arbitration Association ("AAA") or the National Arbitration Forum ("NAF"), under its rules applicable to consumer disputes ("Rules"). You can obtain the Rules and other information about initiating arbitration by contacting the AAA at 335 Madison Avenue, New York, NY 10017, or at www.adr.org. or the NAF at P.O. Box 50191, Minneapolis, MN 55405, or at www.adrforum.com. Our address for serving any arbitration demand or Claim is The Bancorp Bank, P.O. Box 5017, Sioux Falls, SD 57117.

If you file a Claim, you can choose either the AAA or the NAF as the arbitration administrator ("Administrator"); if we file a Claim, we will make the initial selection but you can require us to use either the AAA or the NAF by providing us written notice within thirty (30) calendar days of your receipt of notice of the Claim. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten (10) years experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.

You will pay for up to $125.00 in filing fees to file an arbitration Claim; however, we will pay all remaining filing and administration fees charged by the Administrator and arbitrator fees. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees paid by you to the Administrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute, including but not limited to the Federal Arbitration Act and applicable regulations and rules or as otherwise provided by law, gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration.

Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as the parties may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. '' 1-16 together with the substantive law of the State of Delaware, without reference to its choice-of-law rules, and, if requested by either party, the arbitrator shall provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. The arbitrator's award shall be final, except for any appeal that may be permitted under the Federal Arbitration Act. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.

Neither you nor we shall have the right to participate as a representative, private attorney general, or member of any class of claimants in arbitration, and you and we further agree that Claims of third parties shall not be joined in any arbitration between you and us, without the express written consent of both you and us. The validity and effect of this paragraph shall be determined exclusively by a court, and not by the Administrator or any arbitrator. The arbitrator shall have no power to arbitrate any Claims on a class wide basis or Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.

If any portion of this Arbitration Agreement section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this provision. However, if the section precluding class wide arbitrations is deemed invalid or unenforceable in whole or in part, then this entire Arbitration section shall be deemed invalid and unenforceable. In the event any Claim is not subject to arbitration for any reason, you and we agree that the waiver of the right to a jury trial and waiver of the right to participate in class wide legal proceedings shall still apply. The terms of this Arbitration section will prevail if there is any conflict between the Rules and this provision.

THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS RESOLUTION OF DISPUTES PROVISION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. THEY ACKNOWLEDGE THAT ARBITRATION WILL LIMIT THEIR LEGAL RIGHTS, INCLUDING THE RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED UNDER THE FEDERAL ARBITRATION ACT).

You may reject this Arbitration Agreement section, in which case neither you nor we will have the right to elect arbitration. Rejection of this provision will not affect the remaining parts of this Agreement. To reject this Arbitration Agreement section, you must send us written notice of your rejection within thirty (30) calendar days after you first requested your Card. You must include your first name, last name, address, Card Account number, and mobile phone number. The notice of rejection must be mailed to The Bancorp Bank, P.O. Box 5017, Sioux Falls, SD 57117. This is the only way that you can reject this Arbitration Agreement section.

The parties acknowledge and agree that this Arbitration Agreement section is made pursuant to a transaction involving interstate commerce and shall be governed by the State of Delaware to the extent not governed by the Federal Arbitration Act. This Arbitration Agreement section shall survive the termination of this Obopay Prepaid MasterCard Cardholder Agreement.

OUR PRIVACY NOTICE

Your Obopay Prepaid MasterCard is operated by The Bancorp Bank and subscribes to The Bancorp Bank's privacy policy.

The Bancorp Bank values each and every customer relationship. Customers such as you have entrusted us not only with your finances, but also with your personal information. To protect and maintain this relationship, we've adopted a privacy policy to maintain the confidentiality of the information you have shared with us.

We recognize your expectations for the responsible use and protection of your information and your right to privacy. To this end, The Bancorp Bank will maintain standards to reasonably ensure that your information is private and secure at all times. This notice will describe how your information is used, protected, and the benefits such use provides to you.

How we use, collect, and retain information about you.

Your relationship is important to us and we're committed to providing you with the best service possible. To do that, we gather information from a variety of sources to keep you informed about the many financial services, products, and benefits available to you as a The Bancorp Bank customer and to provide you the ability to manage your finances most effectively. For example, we collect information from the following sources:

  1. From you whether in writing on applications, by telephone, electronically or by any other means. This information may include your name, address, employment information, and income;
  2. Transactions with others or us. This information may include your account balances payment history and account usage;
  3. Consumer reporting agencies. This information may include account information and information about your creditworthiness and credit history; and,
  4. Public sources. This information may include real estate records and telephone numbers.

If you end your customer relationship with us or become an inactive customer, we will treat the information we have about you as if you were still our customer.

Responsible use of information provides customer benefits.

The information we collect provides significant benefits to you, our customer. This information:

  1. Enables us to better understand your financial needs;
  2. Assists us as we improve products and enhance customer service;
  3. Allows us to comply with laws and regulations; and
  4. Helps us protect you against fraud.

We will maintain accurate information about you.

We continually strive to maintain complete and accurate information about you and your accounts. Should you ever believe that our records contain inaccurate or incomplete information about you, please call us at 1-877-554-2339. We will investigate your concerns and correct any inaccuracies.

We will maintain a security program to protect your information.

We are committed to the security of your financial and personal information. We safeguard information according to established security standards and procedures, and we continually assess new technology for protecting information. We restrict access of personal information about you to those employees who need to know that information to provide products or services to you. Our employees are trained to understand and comply with these information principles. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non-public personal information. You may view our Security policy on our website which provides additional detail.

Restrictions on disclosing your personal account information to outsiders.

We will not share your confidential information with any company or third party except as required or permitted by law. This means, for example, that we can disclose your confidential information:

  • To third parties that help us provide products or services to you, such as companies that print your checks, data processors that work for the Bank, mail companies, or software vendors;
  • To third parties that assist us in marketing accounts and services; to other financial institutions with which we have joint marketing agreements to enhance our financial product or service offerings;
  • To investors or other financial institutions that purchase loans from us;
  • To consumer reporting agencies;
  • To third parties that process or service a financial product, service or transaction that you requested or authorized;
  • To respond to a subpoena, court order or judicial process; to pursue a sale, merger, or transfer of all or a portion of a business or operating unit; to our regulators and auditors; to protect against or prevent fraud, manage risk, or resolve customer disputes;
  • To a third party to whom you specifically authorize us to share the information.

  • We will maintain your privacy in business relationships with non-related third parties.

    If we do provide customer information to a third party, we will insist, through a written agreement, that the third party adheres to similar privacy principles to those that The Bancorp Bank adheres to for keeping this information confidential.

    Disclosing our privacy commitment to you.

    At The Bancorp Bank, we value our customer relationships. We want you to understand how we use the information you provide and our commitment to ensuring your personal privacy. If you have any questions about how The Bancorp Bank protects your confidential information, please contact us at 1-877-554-2339.

    Use of Cookies

    Our web site may use a feature of your Internet browser called a cookie. A cookie is a piece of information which a web server may place on your computer when you visit a web site. The use of cookies is to facilitate your Internet session, to maintain security and to improve the user experience. For example, we use cookies to verify your identity, remember your personal settings such as your offer preferences, and to monitor your use of our website to improve our services. If you choose not to enable cookies on your browser, you will not be able to use some of the services offered on our web site.

    Children's Privacy

    We do not knowingly collect or use personal information from children under 13 without verifiable consent from their parents.


Cardholder Agreement

IMPORTANT - PLEASE READ CAREFULLY
Terms and Conditions/Definitions for the Obopay Family Prepaid MasterCard®

This document constitutes the agreement ("Agreement") between you and the Issuer outlining the terms and conditions under which the Obopay Family Prepaid MasterCard has been issued to you. By accepting and using the Family Card, you agree to be bound by the terms and conditions contained in this Agreement. "Family Card" means the Obopay Family Prepaid MasterCard issued to you by The Bancorp Bank, Wilmington, Delaware. "Issuer" means The Bancorp Bank or its depository institution affiliate. The Issuer is an FDIC insured member institution. "Family Card Account" means the records we maintain to account for the value of claims associated with the Family Card. "Loading Platform" means the third-party services, products, software applications, and websites you use to receive, send, load and spend money directly from mobile phones, smartphones, personal computers, or other similar devices. "You" and "your" and "Family Card Account Owner" mean the person who qualified for and opened the Family Card Account. "Secondary Cardholder(s)" mean the person or persons who have been issued the Family Card at your request and are authorized to use the Family Card as provided for in this Agreement. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. You acknowledge and agree that the value available in the Family Card Account is limited to the funds that you have loaded into the Family Card Account. The Secondary Cardholder must sign the back of the Family Card immediately upon receipt. The expiration date of the Family Card is identified on the front of the Family Card. The Family Card is a prepaid card. The Family Card is not connected in any way to any other account. The Family Card is not a credit card. The Family Card is not for resale. You will not receive any interest on funds in the Family Card Account. The Family Card will remain the property of the Issuer and must be surrendered upon demand. The Family Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Our business days are Monday through Friday, excluding federal holidays, even if we are open. Write down the Family Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case the Family Card is lost, stolen, or destroyed. Please read this Agreement carefully and keep it for future reference.

Obtaining Your Family Card

The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Family Card Account.
What this means for you: When you open a Family Card Account, we will ask for your name, address, date of birth, and other information that will allow us to reasonably identify you. We may also ask to see your driver's license or other identifying documents.

Inactive Accounts

If you do not load value to your Family Card within six (6) months of the date it is issued, we may close the Family Card Account, and you will have to reapply if you want to use the Family Card.

We also may close your Family Card Account if you do not have any transactions in your Family Card Account, other than fee deductions, for sixty (60) or more consecutive days. You will have to reapply if you want to use the Family Card.

Authorized Users

You are responsible for all authorized transactions initiated and fees incurred by use of the Family Card. If you or the Secondary Cardholder permits another person to have access to the Family Card or the Family Card number, 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 each Family Card according to the terms and conditions of this Agreement.

Eligible Secondary Cardholder(s)

You may request that a Family Card be issued to another person who is at least thirteen (13) years old. A Family Card Account Owner may request up to three (3) Family Cards be issued in connection with the Family Card Account. We may grant or refuse any request for a Family Card or any additional Secondary Cardholder(s) at our discretion. Each Family Card will be issued in the name of the Secondary Cardholder. You must notify us to revoke permission for any person you or the Secondary Cardholder previously authorized to use a Family Card. If you notify us to revoke another person's use of the Family Card, we may revoke your Family Card Account and issue a new Family Card Account with a different number. You remain liable for any and all usage of additional Family Cards you authorize.

You make all of the representations and agreements in this Agreement with respect to yourself and the Secondary Cardholder.

Personal Identification Number

When you or the Secondary Cardholder activates the Family Card you or the Secondary Cardholder will be prompted to create a Personal Identification Number ("PIN") for their Family Card. The PIN should not be kept with the Family Card. If you believe that anyone has gained unauthorized access to the PIN, you should advise us immediately following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers."

Cash Access

With the PIN, the Family Card may be used to obtain cash from any Automated Teller Machine ("ATM") that bears the MasterCard®, Cirrus®, or STAR® brand or any Point-of-Sale ("POS") device, as permissible by merchant, that bears the MasterCard®, Maestro®, or STAR® brand. All ATM transactions are treated as cash withdrawal transactions. The Family Card may be used at an ATM. The maximum cumulative amount that may be withdrawn from a Family Card Account at an ATM per day is $110.00 and up to $330.00 per week with a maximum of two (2) withdrawals per day and a maximum of five (5) withdrawals per week. The maximum cumulative amount that may be withdrawn from a participating bank (over the counter withdrawal) per day is the available balance of the Family Card. Any funds withdrawn from a POS device will be subject to the maximum amount that can be spent on the Family Card per day.

Information Provided to Both, the Issuer and Obopay

When you apply for a Family Card Account, you are providing your application information to both the Loading Platform provider and the Issuer. Similarly, when you use the Loading Platform to access your Family Card Account, the information relating to your transactions is being provided directly to both the Loading Platform provider and the Issuer. Information about you and your Family Card Accounts also may be shared between the Loading Platform provider and the Issuer as explained further in the "Confidentiality" section below.

Loading Your Family Card

Funds may be added to the Family Card called "value loading,"only by the Family Card Account Owner at any time. The minimum amount of the initial value load is $10.00. The minimum amount of each value reload is $0.01. The maximum amount of the initial value load is $800.00. The maximum amount of each value reload is $800.00. The maximum number of times you may load a Family Card per day is five (5) You may add value or load your Family Card Account using the Loading Platform subject to the Loading Platform Terms. You and the Secondary Cardholder will have access to the funds immediately, except in the case where you load your Family Card Account from your linked checking account, in which case the funds may not be available for four (4) to five (5) business days.

When you use a Loading Platform in connection with your Family Card (e.g., to send or receive funds via your mobile phone), your use of such Loading Platform will be governed by the terms and conditions of such Loading Platform's service ("Loading Platform Terms") located on the website through which you access the Loading Platform. The Loading Platform Terms, not this Agreement, will govern your transfers using such Loading Platform, and the Loading Platform is responsible for such transfers. The transfers you make using the Loading Platform will access the Family Card value associated with your Family Card Account. You authorize us to receive value onto your Family Card from the Loading Platform, and to accept instructions from the Loading Platform regarding your transfers using the Loading Platform.

Using Your Card/Features

The maximum cumulative amount that can be spent on a Family Card per day is $800.00. The maximum value of each Family Card Account is restricted to $800.00.

A Family Card may be used to purchase or lease goods or services wherever MasterCard debit cards, Maestro cards, or STAR cards are accepted as long as the value available on the Family Card is not exceeded. Some merchants do not allow split transactions where the Family Card would be used as partial payment for goods and services and the remainder of the balance is paid with another form of legal tender. If you or the Secondary Cardholder wishes to conduct a split transaction and it is permitted by the merchant, the merchant must be told to charge to the Family Card only the exact amount of funds available on the Family Card. Arrangements must be made to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If the merchant is not informed that that a split transaction will take place prior to swiping the Family Card, the Family Card is likely to be declined.

If the Family Card is used at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount up to $75.00 or more. If the Family Card is declined, even though there are sufficient funds available, pay for the purchase inside with the cashier. If the Family Card is used at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a "hold" on the available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you or the Secondary Cardholder will not have access to the preauthorized amount.

If the Family Card number is used without presenting the Family Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if the Family Card itself was used. For security reasons, we may limit the amount or number of transactions made on the Family Card. The Family Card cannot be redeemed for cash. The Family Card may not be used for online gambling or any illegal transaction.

Each time the Family Card is used, you authorize us to reduce the value available in your Family Card Account by the amount of the transaction and any applicable fees. The available amount in your Family Card Account may not be exceeded through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Family Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.

Neither you nor the Secondary Cardholder has the right to stop payment on any purchase or payment transaction originated by use of the Family Card. Preauthorized regular payments may not be made from the Family Card Account. If a transaction is authorized but then purchase of that item is not made as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

Returns and Refunds

If a refund for any reason for goods or services obtained with the Family Card is sought, you or the Secondary Cardholder agrees to accept credits to the Family Card for such refunds and agree to the refund policy of that merchant. If you or the Secondary Cardholder has a problem with a purchase that was made with the Family Card, or if you or the Secondary Cardholder has a dispute with the merchant, it must be handled directly with the merchant.

Family Card Replacement

If you or the Secondary Cardholder needs to replace a Family Card for any reason, please contact us at 1-888-8OBOPAY (1-888-862-6729) to request a replacement Family Card. You will be required to provide personal information which may include the Family Card number, full name, transaction history, etc. There is a fee for replacing a Family Card.

Charges Made In Foreign Currencies

If funds are obtained or a purchase is made in a currency other than the currency in which your Family Card was issued, the amount deducted from the Family Card funds will be converted by MasterCard International Incorporated into an amount in the currency of the Family Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by MasterCard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate MasterCard International Incorporated itself receives, or the government-mandated rate in effect for the applicable central processing date. If a purchase or withdrawal is made in a currency other than the currency in which the Family Card was issued, the Issuer may assess a foreign currency conversion fee of 2.95% of the transaction amount and will retain this amount as compensation for its services.

Receipts

You and/or the Secondary Cardholder should get a receipt at the time a transaction using the Family Card is made. You agree to retain, verify, and reconcile your transactions and receipts.

Family Card Account Balance/Periodic Statements

You and/or the Secondary Cardholder are responsible for keeping track of your Family Card Account available balance. Merchants generally will not be able to determine the available balance. It's important to know the available balance before making any transaction. You and the Secondary Cardholder may access the available balance by accessing the Family Card Account online or by calling 1-888-862-6729 or use the contact information on the back of the Family Card. You and the Secondary Cardholder may view the Family Card transaction history electronically free of charge at http://www.obopay.com during each month in which a transaction occurs. Neither you nor the Secondary Cardholder will automatically receive paper statements. You may choose to have a paper statement mailed by contacting us each time at 1-888-862-6729. However, there is a fee for this service.

Fee Schedule

All fee amounts except the Enrollment Fee and Monthly Maintenance Fee will be withdrawn from your Family Card Account and will be assessed as long as there is a remaining balance on the Family Card Account, except where prohibited by law. Anytime the remaining Family Card Account balance is less than the fee amount being assessed, the balance of the Family Card Account will be applied to the fee amount. The Enrollment Fee and Monthly Maintenance Fee will be charged directly to a bank account or a credit or debit card designated by Family Card Account Owner via the Loading Platform.

Additional fees may be charged by the Loading Platform provider.

Family Card Enrollment and Monthly Fees
Enrollment Fee: $ 9.95 (one time fee)
Monthly Maintenance Fee: $ 1.95 (per month)

Card Transaction Fees
ATM Transaction Fee:
(ATM cash withdrawal fee domestic)
$ 1.95 (per transaction)
ATM Decline Fee:
(ATM cash decline fee domestic)
$ 0.95 (per transaction)
ATM Transaction Fee:
(International)
$ 2.95 (per transaction)
ATM Decline Fee:
(International)
$ 1.95 (per transaction)
ATM Balance Inquiry Fee: $ 0.95 (per inquiry)
Currency Conversion Fee (purchases OR ATM withdrawals in foreign currency) 2.95% (of transaction amount)
Over the counter cash at bank fee (over the counter withdrawal) $1.95 (per transaction)
Paper Statement Fee: $ 4.95 (per paper statement requested)

Other Fees
Lost/Stolen Replacement Card Fee: (replacement of lost, stolen or damaged Family Cards) $ 10.00 (per Card)
Card Account Liquidation Fee: $ 15.95 (charged if you requested closing your Family Card Account AND a check is issued for funds on your Family Card Account)
Expedited Card Delivery and Shipment Fee: $ 30.00 (per Family Card)

If you or the Secondary Cardholder uses an ATM not owned by us for any transaction, including a balance inquiry, a fee may be charged by the ATM operator even if a withdrawal is not completed. This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee will be charged to the Family Card.

Confidentiality

We may disclose information to third parties about the Family Card or the transactions made:
(1) Where it is necessary for processing transactions;
(2) In order to verify the existence and condition of the Family Card for a third party, such as merchant;
(3) In order to comply with government agency, court order, or other legal reporting requirements;
(4) If you give us your written permission;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or
(6) To notify senders or recipients about the status of transfers involving your Family Card.

Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from the Family Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

(1) If through no fault of ours, there are not enough funds available on the Family Card to complete the transaction
(2) If a merchant refuses to accept your Family Card;
(3) If an ATM where you or the Secondary Cardholder are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you or the Secondary Cardholder are making a transaction does not operate properly, and you or the Secondary Cardholder knew about the problem when the transaction was initiated;
(5) If access to the Family Card has been blocked after having been reported lost or stolen;
(6) If there is a hold or the funds are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(9) Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers

Contact us at once if you or the Secondary Cardholder believes the Family Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe a Family Card has been lost or stolen, or that someone has transferred or may transfer money from the Family Card Account without permission, call us at 1-888-8OBOPAY (1-888-862-6729), or write to us at 350 Marine Parkway, Suite 100, Redwood City, CA 94065, or contact us through www.obopay.com or use the contact information on the back of the Family Card. Under MasterCard Rules, your liability for unauthorized MasterCard transactions on your Family Card Account is $0.00 if you notify us promptly and you exercise reasonable care in safeguarding the Family Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. If you notify us within two (2) business days, you can lose no more than $50.00 if someone used the Family Card without permission. If you do not notify us within two (2) business days after you learn of the loss or theft of the Family Card and we can prove that we could have stopped someone from using the Family Card without permission if you had promptly notified us, you could lose as much as $500.00.

Also, if you become aware of and/or your statement shows transactions that you or the Secondary Cardholder did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you or the Secondary Cardholder are grossly negligent or fraudulent in the handling of the Family Card. If a Family Card has been lost or stolen, we will close your Family Card Account to keep losses down.

Other Terms

The Family Card and the obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Family Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend the Family Card Account or this Agreement at any time. You may cancel this Agreement by returning all Family Cards to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. In the event that your Family 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. There is a fee for this service. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.

Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, call 1-888-862-6729, or write to Cardholder Services, 350 Marine Parkway, Suite 100, Redwood City, CA 94065 or use the contact information on the back of your Family Card, if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact us no later than sixty (60) days after the FIRST statement was made available to you on which the problem or error appeared.

  1. Provide your name, and Family Card number (if any).
  2. Describe the error or the transaction you or the Secondary Cardholder are unsure about, and explain why you or the Secondary Cardholder believes it is an error or why you need more information.
  3. Provide the dollar amount of the suspected error.

If you provide this information orally, we may require that you send the complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate the complaint or question. If we decide to do this, we will credit the Family Card Account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put the complaint or question in writing and you do not provide it within ten (10) business days, we may not credit the Family Card Account. For errors involving new Family Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate the complaint or question. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section.

English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service

For customer service or additional information regarding your Family Card, please contact Obopay Cardholder Services at: 1-888-862-6729, or write Obopay at: Obopay Family Prepaid Card, 350 Marine Parkway, Suite 100, Redwood City, CA 94065, Attn. Customer Service, or contact us at www.obopay.com, or use the contact information on the back of the Family Card.

This Cardholder Agreement is effective 02/2009

Arbitration

In this Arbitration Agreement ("Arbitration Agreement") section:

  • "you" and "your" mean You, as well as any person claiming through You, including Secondary Cardholders and any other Authorized Users;
  • "we", "us", and "our" mean the Issuer and Obopay (but only to the extent that Obopay is named as a party with respect to a Claim against the Issuer) and their respective parents, subsidiaries, affiliates, predecessors, successors, marketing representatives, servicers, assigns, and any other party providing services in connection with this Agreement, as well as their respective officers, directors, and employees; and
  • "Claim" means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to this Agreement or the relationship between you and us, and includes claims that are brought as counterclaims, cross claims, third party claims, or otherwise and disputes about the validity or enforceability of this Agreement or the validity or enforceability of this Arbitration Agreement section.

Any Claim between you and us shall be resolved, upon the election of either you or us, by binding arbitration administered by the American Arbitration Association ("AAA") or the National Arbitration Forum ("NAF"), under its rules applicable to consumer disputes ("Rules"). You can obtain the Rules and other information about initiating arbitration by contacting the AAA at 335 Madison Avenue, New York, NY 10017, or at www.adr.org, or the NAF at P.O. Box 50191, Minneapolis, MN 55405, or at www.adrforum.com. Our address for serving any arbitration demand or Claim is The Bancorp Bank, P.O. Box 5017, Sioux Falls, SD 57117.

If you file a Claim, you can choose either the AAA or the NAF as the arbitration administrator ("Administrator"); if we file a Claim, we will make the initial selection but you can require us to use either the AAA or the NAF by providing us written notice within thirty (30) calendar days of your receipt of notice of the Claim. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten (10) years experience. We agree not to invoke our right to elect arbitration of an individual Claim filed by you in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court.

You will pay for up to $125.00 in filing fees to file an arbitration Claim; however, we will pay all remaining filing and administration fees charged by the Administrator and arbitrator fees. If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the Administrator or for which we are responsible. If you receive an award from the arbitrator, we will reimburse you for the fees paid by you to the Administrator. Each party shall bear its own attorney's, expert's and witness fees, which shall not be considered costs of arbitration; however, if a statute, including but not limited to the Federal Arbitration Act and applicable regulations and rules or as otherwise provided by law, gives you the right to recover these fees, or fees paid to the Administrator, then these statutory rights will apply in arbitration.

Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as the parties may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. '' 1-16 together with the substantive law of the State of Delaware, without reference to its choice-of-law rules, and, if requested by either party, the arbitrator shall provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law. The arbitrator's award shall be final, except for any appeal that may be permitted under the Federal Arbitration Act. Judgment on any award rendered by the arbitrator may be entered in and enforced by any court having jurisdiction thereof.

Neither you nor we shall have the right to participate as a representative, private attorney general, or member of any class of claimants in arbitration, and you and we further agree that Claims of third parties shall not be joined in any arbitration between you and us, without the express written consent of both you and us. The validity and effect of this paragraph shall be determined exclusively by a court, and not by the Administrator or any arbitrator. The arbitrator shall have no power to arbitrate any Claims on a class wide basis or Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.

If any portion of this Arbitration Agreement section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this provision. However, if the section precluding class wide arbitrations is deemed invalid or unenforceable in whole or in part, then this entire Arbitration section shall be deemed invalid and unenforceable. In the event any Claim is not subject to arbitration for any reason, you and we agree that the waiver of the right to a jury trial and waiver of the right to participate in class wide legal proceedings shall still apply. The terms of this Arbitration section will prevail if there is any conflict between the Rules and this provision.

THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS RESOLUTION OF DISPUTES PROVISION, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT. THEY ACKNOWLEDGE THAT ARBITRATION WILL LIMIT THEIR LEGAL RIGHTS, INCLUDING THE RIGHTS TO PARTICIPATE IN A CLASS ACTION LAWSUIT, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED UNDER THE FEDERAL ARBITRATION ACT).

You may reject this Arbitration Agreement section, in which case neither you nor we will have the right to elect arbitration. Rejection of this provision will not affect the remaining parts of this Agreement. To reject this Arbitration Agreement section, you must send us written notice of your rejection within thirty (30) calendar days after you first requested your Family Card. You must include your first name, last name, address, Family Card Account number, and mobile phone number. The notice of rejection must be mailed to The Bancorp Bank, P.O. Box 5017, Sioux Falls, SD 57117. This is the only way that you can reject this Arbitration Agreement section.

The parties acknowledge and agree that this Arbitration Agreement section is made pursuant to a transaction involving interstate commerce and shall be governed by the State of Delaware to the extent not governed by the Federal Arbitration Act. This Arbitration Agreement section shall survive the termination of this Obopay Family Prepaid MasterCard Cardholder Agreement.

OUR PRIVACY NOTICE

Your Obopay Family Prepaid MasterCard is operated by The Bancorp Bank and subscribes to The Bancorp Bank's privacy policy.

The Bancorp Bank values each and every customer relationship. Customers such as you have entrusted us not only with your finances, but also with your personal information. To protect and maintain this relationship, we've adopted a privacy policy to maintain the confidentiality of the information you have shared with us.

We recognize your expectations for the responsible use and protection of your information and your right to privacy. To this end, The Bancorp Bank will maintain standards to reasonably ensure that your information is private and secure at all times. This notice will describe how your information is used, protected, and the benefits such use provides to you.

How we use, collect, and retain information about you.

Your relationship is important to us and we're committed to providing you with the best service possible. To do that, we gather information from a variety of sources to keep you informed about the many financial services, products, and benefits available to you as a The Bancorp Bank customer and to provide you the ability to manage your finances most effectively. For example, we collect information from the following sources:

  1. From you whether in writing on applications, by telephone, electronically or by any other means. This information may include your name, address, employment information, and income;
  2. Transactions with others or us. This information may include your account balances, payment history and account usage;
  3. Consumer reporting agencies. This information may include account information and information about your creditworthiness and credit history; and,
  4. Public sources. This information may include real estate records and telephone numbers.

If you end your customer relationship with us or become an inactive customer, we will treat the information we have about you as if you were still our customer.

Responsible use of information provides customer benefits.

The information we collect provides significant benefits to you, our customer. This information:

  1. Enables us to better understand your financial needs;
  2. Assists us as we improve products and enhance customer service;
  3. Allows us to comply with laws and regulations; and
  4. Helps us protect you against fraud.

We will maintain accurate information about you.

We continually strive to maintain complete and accurate information about you and your accounts. Should you ever believe that our records contain inaccurate or incomplete information about you, please call us at 1-877-554-2339. We will investigate your concerns and correct any inaccuracies.

We will maintain a security program to protect your information.

We are committed to the security of your financial and personal information. We safeguard information according to established security standards and procedures, and we continually assess new technology for protecting information. We restrict access of personal information about you to those employees who need to know that information to provide products or services to you. Our employees are trained to understand and comply with these information principles. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non-public personal information. You may view our Security policy on our website which provides additional detail.

Restrictions on disclosing your personal account information to outsiders.

We will not share your confidential information with any company or third party except as required or permitted by law. This means, for example, that we can disclose your confidential information:

  • To third parties that help us provide products or services to you, such as companies that print your checks, data processors that work for the Bank, mail companies, or software vendors;
  • To third parties that assist us in marketing accounts and services; to other financial institutions with which we have joint marketing agreements to enhance our financial product or service offerings;
  • To investors or other financial institutions that purchase loans from us;
  • To consumer reporting agencies;
  • To third parties that process or service a financial product, service or transaction that you requested or authorized;
  • To respond to a subpoena, court order or judicial process; to pursue a sale, merger, or transfer of all or a portion of a business or operating unit; to our regulators and auditors; to protect against or prevent fraud, manage risk, or resolve customer disputes;
  • To a third party to whom you specifically authorize us to share the information.

Whenever other companies or third parties provide services for us or on our behalf, we require them by contract to maintain the appropriate safeguards to ensure the security and the confidentiality of the information that we provide them.

Because certain disclosures of confidential information are specifically required or permitted by law, we can make these disclosures even if you prefer we do not do so. Therefore, you do not have to respond to this notice in any way.

We will maintain your privacy in business relationships with non-related third parties.

If we do provide customer information to a third party, we will insist, through a written agreement, that the third party adheres to similar privacy principles to those that The Bancorp Bank adheres to for keeping this information confidential.

Disclosing our privacy commitment to you.

At The Bancorp Bank, we value our customer relationships. We want you to understand how we use the information you provide and our commitment to ensuring your personal privacy. If you have any questions about how The Bancorp Bank protects your confidential information, please contact us at 1-877-554-2339.

Use of Cookies

Our web site may use a feature of your Internet browser called a cookie. A cookie is a piece of information which a web server may place on your computer when you visit a web site. The use of cookies is to facilitate your Internet session, to maintain security and to improve the user experience. For example, we use cookies to verify your identity, remember your personal settings such as your offer preferences, and to monitor your use of our website to improve our services. If you choose not to enable cookies on your browser, you will not be able to use some of the services offered on our web site.

Children's Privacy

We do not knowingly collect or use personal information from children under 13 without verifiable consent from their parents.

Member FDIC


Obopay is a registered trademark of Obopay, Inc in the U.S. and some countries.