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Bancorp Terms of Use - Google Wallet Virtual Card

Overview and Important Definitions

These Terms of Use relate to the Google Wallet Virtual Card which has been issued to you by The Bancorp Bank (“Issuer”) and are between you and the Issuer. In order for you to use the Google Wallet Virtual Card, you must be an authorized user of the Google Mobile Wallet Service provided by Google Payment Corp. (“GPC”). By accepting and using the Google Wallet Virtual Card, you agree to be bound by these terms of use (“Terms”) and the Google Wallet Terms of Service. The ”Google Wallet Virtual Card” means the prepaid debit MasterCard® branded card which takes the form of a virtual card embedded on your mobile phone, offered under these Terms. When used through the Google Mobile Wallet Application, the Google Wallet Virtual Card will allow you to make in-store payments using your NFC device.

Definitions

"You" and "your" mean the person or persons who have received the Google Wallet Virtual Card and are authorized to use the Google Wallet Virtual Card as provided for in these Terms. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. Other capitalized terms in these Terms have the meanings set forth in the Google Wallet Terms of Service.

Using the Google Wallet Virtual Card to Make Purchases

You may use the Google Wallet Virtual Card to make purchases using the Google Mobile Wallet application on your NFC device. The Google Wallet Virtual Card is a Google Wallet prepaid debit card that will enable you to use the Google Wallet application to make purchases in physical stores at the point of sale. Neither the Issuer nor GPC is extending credit to you in connection with your use of the Google Wallet Virtual Card. The Google Wallet Virtual Card will access either the Wallet Balance in your Google Wallet Account or a prepaid account owned and funded by GPC. In any case, the Google Wallet Virtual Card is different than your debit or credit card registered in your Google Wallet Account. The merchant will not receive your registered debit or credit card information.

The Google Wallet Virtual Card is not for resale. The Google Wallet Virtual Card will remain the property of the Issuer and must be surrendered, or may be de-activated any time at the discretion of the Issuer or as may be directed by GPC. The Google Wallet Virtual Card is nontransferable and it may be canceled or revoked at any time without prior notice subject to applicable law.

Using the Google Wallet Virtual Card for Payment Transactions

You activate the Google Wallet Virtual Card by completing the Google Mobile Wallet Application set-up on your device.

The Google Wallet Virtual Card will allow you to make Payment Transactions at any merchant or seller that accepts contactless payments.

When making Payment Transactions using your Google Wallet Virtual Card, you can make such Payment Transactions using the Wallet Balance in your Google Wallet Account or by accessing the Payment Instruments stored in your Google Wallet account.

Each time you use the Google Wallet Virtual Card in connection with a Payment Transaction and choose to use your Wallet Balance, you authorize GPC to debit your Google Wallet Balance for the Payment Transaction amount, and any other related charges or authorizations.

Each time you use the Google Wallet Virtual Card in connection with a Payment Transaction and choose to use the Payment Instruments stored in your Google Wallet Account, you authorize GPC to submit an authorization to your backing Payment Instrument. Your Payment Transaction amounts will then be billed to the registered credit card or debit card account as you have established in your Google Wallet Account all as further described in the Google Wallet Terms of Service. When you choose to make a Payment Transaction with the Payment Instruments stored in your Google Wallet Account, the Issuer will settle the Google Wallet Virtual Card payment to the merchant. Then, GPC will bill your selected Payment Instrument for the purchase price.

Personal Identification Number

You will not receive a Personal Identification Number ("PIN") with the Google Wallet Virtual Card.

Authorized Users

Except for unauthorized use of the Google Wallet Virtual Card as expressly set forth in these Terms or the Google Wallet Terms of Service, you are responsible for all Payment Transactions initiated and fees incurred by use of the Google Wallet Virtual Card. If you permit another person to have access to the Google Wallet Virtual Card or Google Mobile Wallet Application, we will treat this as if you have authorized such use and you will be responsible for all Payment Transactions and fees incurred by those persons. You are wholly responsible for the use of the Google Wallet Virtual Card and the Google Mobile Wallet Service according to these Terms and the Google Wallet Terms of Service.

Google Wallet Virtual Card Features and Restrictions

The following restrictions apply to your use of the Google Wallet Virtual Card. If any more restrictive terms apply to a Payment Transaction due to the terms of the underlying Payment Instrument in your Google Mobile Wallet Account, such more restrictive terms apply.

Spend Amounts. Your daily spending limit when using the Google Wallet Virtual Card is the lesser of $1,000.00 or the spending limit on your backing Payment Instrument. GPC may, at its discretion, increase this maximum upon verification of your identity. You cannot load amounts on to your Google Wallet Virtual Card. The Issuer will deny a requested Google Wallet Application Payment Transaction if GPC has reason to believe that it will not be able to initiate a charge to your selected Payment Instrument, or if GPC otherwise believes that GPC will not be able to obtain funds from you to complete the requested purchase payment.

General Use. You may use the Google Wallet Virtual Card to initiate Payment Transactions for the purchase or lease goods or services wherever contactless payments are accepted, subject to these Terms and the Google Wallet Terms of Service.

Other Transactions. For security and fraud prevention reasons, we may limit the amount or number of transactions you can make on the Google Wallet Virtual Card. The Google Wallet Virtual Card cannot be redeemed for cash. You may not use the Google Wallet Virtual Card for online gambling or any illegal transaction.

Transactions Final. Once initiated, Payment Transactions made with the Google Wallet Virtual Card will be final. The transaction cannot be cancelled.

No Preauthorized Debits. You may not make preauthorized regular payments or other recurring Payment Transactions using the Google Wallet Virtual Card.

No Cash Access. You may not use the Google Wallet Virtual Card to obtain cash from an Automated Teller Machine (ATM), Point-of-Sale (POS) device, or by any other means.

Returns and Refunds

If you are entitled to a refund with respect to Payment Transactions initiated with the Google Wallet Virtual Card, you agree to accept credits to the Google Wallet Virtual Card and/or your Google Wallet Balance for such refunds and agree to the refund policy of that merchant. If GPC receives a refund on your behalf, GPC will refund any amounts credited back to the Payment Instrument selected to pay for that Payment Transaction or your Google Wallet Balance, as applicable, within five business days. You also agree to the refund policy of your underlying card issuers for the Payment Transactions. If you have a problem with a purchase that you made with the Google Wallet Virtual Card, or if you have a dispute with the merchant, you must handle it as provided in the Google Wallet Terms of Service.

Purchases Made In Foreign Currencies

If you need to make a Payment Transaction in a foreign currency, please see the Google Wallet Terms of Service for applicable terms and conditions.

Receipts

You should get a receipt at the time you make a transaction using the Google Wallet Virtual Card. You agree to retain, verify, and reconcile your transactions and receipts with the charges to your registered Payment Instrument and the transaction records provided to you through the Google Mobile Wallet Application.

Confidentiality

We may disclose information to third parties about the Google Wallet Virtual Card or the transactions you make:

(1) Where it is necessary for completing transactions;

(2) In order to verify the existence and condition of the Google Wallet Virtual 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) Otherwise as necessary to fulfill our obligations under these Terms.

Your Liability for Unauthorized Transfers

If your Payment Instrument statement shows an unauthorized transaction please call Google Wallet Support as soon as possible at 1-888-249-1855. The issuer of your payment method may also require you to contact the issuer in the manner, and within the time frames, set forth in the cardholder agreement between you and the issuer covering the card. The law limits the amount of time in which you may contest an unauthorized charge. Please review your Payment Instrument cardholder agreement to be sure you meet the required time frames.

If the smartphone on which the Google Wallet Virtual Card resides is lost or stolen, but the PIN applicable to your Mobile Wallet is secure, you do not have to notify us. If someone may have access to the Google Wallet Virtual Card and your Mobile Wallet PIN, please call Google Wallet Support at once at 1-888-249-1855.

Other Terms

The Google Wallet Virtual Card and your obligations under these Terms may not be assigned by you to any other person or entity. We may transfer our rights under these Terms to any affiliate. Use of the Google Wallet Virtual Card is subject to all applicable rules and customs of any payment networks, clearinghouse or other association involved in Payment Transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of these Terms 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 these Terms shall not be affected. These Terms will be governed by the law of the State of Delaware without reference to its conflict of laws rules, except to the extent governed by federal law.

Amendment and Cancellation

We may amend or change the terms and conditions of these Terms at any time by providing you email notice with a link to the amended or changed Terms. We will use commercially reasonable efforts to notify of any change in the manner provided by these Terms prior to the effective date of the change. However, if the change is made for security purposes or to comply with applicable law, we can implement such change without prior notice. We may cancel or suspend the Google Wallet Virtual Card or these Terms at any time. Cancellation of the Google Wallet Virtual Card and these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.

Information About Your Right to Dispute Errors

In case of errors or questions about any Payment Transactions, call Google Wallet Support at 1-888-249-1855. You should also contact the issuer of your applicable Payment Instrument in the manner and within the time frames set forth in your cardholder agreement with such issuer. We reserve the right to ask you to put your notice in writing and to ask you for additional information regarding such errors. You may request a written history of your transactions at any time by calling us at the customer service number provided in this Agreement.

English Language Controls

Any translation of these Terms 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 Google Wallet Virtual Card, please refer to contact information in the Google Wallet Terms of Service.

Arbitration

Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) the Google Wallet Virtual Card; iii) your usage of the Google Wallet Virtual Card; vi) advertisements, promotions or oral or written statements related to the Google Wallet Virtual Card, as well as any Payment Transactions initiated with the Google Wallet Virtual Card; or viii) the benefits and services related to the Google Wallet Virtual Card; no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive the discontinuation, cancellation or suspension of use of the Google Wallet Virtual Card and/or the Google Wallet Service. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

Issuer’s Privacy Notice

The Bancorp Privacy Notice can be located at the following link: http://wallet.google.com/files/bancorpprivacy.html.

This Terms of Use is effective September 18, 2013.