These Terms of Use relate to the Android Pay Virtual Card that has been issued to you by The Bancorp Bank (“Issuer”) and constitute an agreement between you and the Issuer. In order for you to use the Android Pay Virtual Card, you must have both a Google Payments Account and Android Pay, which are provided by Google Payment Corp. (“GPC”), on your mobile device. By accepting and using the Android Pay Virtual Card, you agree to be bound by these terms of use (“Terms”) and the Google Payments Terms of Service. The “Android Pay Virtual Card” means, (1) for users registering a Discover® card with Android Pay, the prepaid Discover®-branded card offered under these Terms, and (2) for all other users, the prepaid MasterCard®-branded card offered under these Terms, which in either case takes the form of a virtual card within the NFC mobile chip embedded in your mobile phone. When used as part of Android Pay, the Android Pay Virtual Card will allow you to make in-store payments using your NFC-enabled phone and certain other cards you may have added to Android Pay. See the Google Payments Terms of Service for more details on card eligibility.
"You" and "your" mean the person or persons who have received the Android Pay Virtual Card and are authorized to use it 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 Payments Terms of Service.
You may use the Android Pay Virtual Card to make purchases using Android Pay on your NFC-enabled phone. The Android Pay Virtual Card is a prepaid debit card. Neither the Issuer nor GPC is extending credit to you in connection with your use of the Android Pay Virtual Card.
The Android Pay Virtual Card is not for resale. The Android Pay Virtual Card remains the property of the Issuer and must be surrendered, or may be deactivated any time at the discretion of the Issuer or as may be directed by GPC. The Android Pay Virtual Card is nontransferable and it may be canceled or revoked at any time without prior notice subject to applicable law.
The Android Pay Virtual Card is activated when you complete the Android Pay set-up on your NFC-enabled device.
The Android Pay Virtual Card will allow you to make Payment Transactions at any merchant or seller accepting contactless payments. Payment Transactions are completed using Android Pay under the Google Payments Terms of Service. Each time you use the Android Pay Virtual Card in connection with a Payment Transaction, you authorize GPC to submit an authorization to a backing Payment Instrument registered in your Google Payments Account, for the Payment Transaction amount, and any other related charges or authorizations as further described in the Google Payments Terms of Service.
Except for unauthorized use of the Android Pay Virtual Card as expressly set forth in these Terms or the Google Payments Terms of Service, you are responsible for all Payment Transactions made and fees incurred by use of the Android Pay Virtual Card. If you permit another person to have access to the Android Pay Virtual Card or Android Pay on your NFC-enables device, 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 Android Pay Virtual Card and Android Pay according to these Terms and the Google Payments Terms of Service.
The following restrictions apply to your use of the Android Pay Virtual Card.
Spend Amounts. Your daily spending limit when using the Android Pay Virtual Card is $6,000.00, unless otherwise stated in the Google Payments Terms of Service. For security reasons, additional limits may be placed on the number and/or amount of purchases you can make using the Android Pay Virtual Card. We reserve the right to change these limits at any time, in our discretion, with or without notice to you, except as required by applicable law.
General Use. You may use the Android Pay Virtual Card to make Payment Transactions for the purchase or lease of goods or services wherever contactless payments are accepted, subject to these Terms and the Google Payments Terms of Service.
Other Transactions. For security and fraud prevention reasons, we may limit the amount or number of transactions you can make using the Android Pay Virtual Card. The Android Pay Virtual Card cannot be redeemed for cash. You may not use the Android Pay Virtual Card for online gambling or any illegal transaction.
No Cash Access. You may not use the Android Pay Virtual Card to obtain cash from an Automated Teller Machine (ATM), Point-of-Sale (POS) device, or by any other means.
If you are entitled to a refund with respect to a Payment Transaction made with the Android Pay Virtual Card, you agree to accept the posting of the merchant-determined corresponding credit to the Android Pay Virtual Card for such refund. If GPC receives a refund on your behalf, GPC will refund such amount to the backing Payment Instrument selected in Android Pay at the time of making the Payment Transaction. If you have a problem with a purchase made with the Android Pay Virtual Card, or if you have a dispute with the merchant, you must handle it as provided in the Google Payments Terms of Service.
If you need to pay for a Payment Transaction in a foreign currency, please see the Google Payments Terms of Service for applicable terms and conditions.
We may disclose information to third parties about the Android Pay Virtual Card or the transactions you make:
If your Android Pay transaction history shows an unauthorized transaction please call Google Payments Support as soon as possible at 1-888-249-1855.
If you believe someone may have access to the Android Pay Virtual Card and/or your Google Payments PIN, please call Google Payments Support at once at 1-888-249-1855.
The merchant at the point of sale will provide you with a sales receipt for the Payment Transaction made using the Android Pay Virtual Card. Neither the Issuer nor GPC will provide you with a separate transaction receipt at the time of such Payment Transactions.
You may request paper copies of certain electronic records about your account stored by GPC, subject to the limitations of the Electronic Communications Policy, as stated described in the Google Payments Terms of Service. GPC reserves the right to charge you fees for such paper copies.
The Android Pay 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 successor, affiliate, or assignee. Use of the Android Pay 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 any time. 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.
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 you 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 Android Pay Virtual Card or these Terms at any time. Cancellation of the Android Pay Virtual Card and these Terms will not affect any of our rights or your obligations arising under these Terms prior to termination.
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.
For customer service or additional information regarding your Android Pay Virtual Card, please refer to contact information in the Google Payments Terms of Service.
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) the Android Pay Virtual Card; iii) your use of the Android Pay Virtual Card; iv) advertisements, promotions or oral or written statements related to the Android Pay Virtual Card, as well as any Payment Transactions made with the Android Pay Virtual Card; or v) the benefits and services related to the Android Pay 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 this organization, contact it at: 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 Android Pay Virtual Card and/or the Android Pay Service. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
The Bancorp Privacy Notice can be located at the following link: https://payments.google.com/
This Terms of Use is effective October 9, 2015.