"Card" means the OneCard issued to you by CBW Bank.
"You", "your", and "Owner", means the Owner of the Card.
"We", "us", and "our" mean CBW Bank, our successors, affiliates or assignees. In its capacity as manager of the OneCard, Yantra Financial Technologies "YFT" acts as an agent of the Bank.
"Value" means funds.
"Value load" and "value loading" means adding funds to your Card.
"Available value" means the value of funds available on your card at any given time.
The Card is a prepaid card. The Card allows you to access funds placed on the Card. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Card is not a credit card. You will not receive any interest on your funds on the Card. The Card will remain the property of CBW Bank 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. Please read this Agreement carefully and keep it for future reference. The Bank's business days are Monday-Friday, excluding bank holidays.
Card: The USA PATRIOT Act is a federal law that requires all institutions to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you obtain a Card, we will ask for your name, address, date of birth, identification number 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. You must be at least eighteen (18) years of age to obtain a Card.
You are responsible for all authorized transactions initiated and fees incurred by the of your Card. If you permit another person to have access to your Card, 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 all Cards according to the terms and conditions of this Agreement.
All Authorized Users must be at least eighteen (18) years of age.
We will give you a Personal Identification ("PIN"). With your PIN, you may use your Card, (i) to obtain Cash from any Automated Teller Machine ("ATM") which bears the Cirrus® or Maestro® brand or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN that bears the Maestro® brand. All ATM transactions are treated as Cash withdrawal transactions. You should not write or keep your PIN with your Card. 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."
You may add value to your Card, called "value loading", at any time. may add value to your Card via direct deposit, ACH transaction from your checking or savings account, Card-to-Card transfers. You can obtain information on how to load value to your Card at www.onecard.cool. You may also transfer value from your Card to another Card. You may obtain information on how to transfer value from your Card to another Card at www.onecard.cool. However, you are restricted to no more than three (3) value loads per day. The initial value load must be made via ACH transfer or via Card-to-Card transfer. The minimum amount of the initial value load is $10.00. The maximum amount of the initial value load is $2500.00. The minimum amount of each value reload is $10.00. After the Initial Week, the maximum amount of each value reload is $2,500.00 if loading via ACH transaction; $750.00 per day for Card-to-Card transfers. You can load no more than $10,000.00 per month on to your card. You will have access to your available value at the times specified below. Please note the available value schedule varies with each loading method:
You may close your Card at any time by returning your Card to us sending us notification that you no longer wish to hold a Card. Upon receipt of that notice, we will require you to return your Card to us. When you close your Card, you will be liable for any charges still pending on your Card at the time of closure If you wish to close your Card, you agree to notify us of this intention in writing. After a Card is closed, we have no obligation to accept value loads or pay outstanding items, but may do so at our discretion and any access device will no longer be active. You agree to hold us harmless for honoring or refusing to honor any item on a closed Card. A Bank check will be sent to the address on file within 14 business days of your final transaction and/or our receipt of all required documentation for closing the account. All related closing fees as noted in our Schedule of Fees may be deducted from the final balance. If your balance is $10.00 or less, the Bank will not send a check for the balance. The Bank reserves the right to close your account at any time.
The maximum amount of cash that can be withdrawn using your Card at an ATM or POS device is $510.00 per day. The maximum amount you may send or receive from your Card using the Card-to-Card transfer service is $750.00 per day. The maximum amount that can be spent on your Card using a POS device per day is $510.00. No more than $510.00 per day and $10,000.00 per month can be used in total with your Card. The maximum Value of your Card is restricted to $10,000.00. You may use your Card to purchase or lease goods or services wherever the Card is honored as long as you do not exceed the Value available on your Card. You are responsible for all transactions initiated by use of your Card. If you permit someone else to use your Card we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. If you do not have enough Value loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called "split transactions." Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.
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 is sufficient Value available to cover tips or incidental expenses incurred. Any preauthorization amount will place a "hold" on your available Value until the merchant sends us the final payment amount of your purchase. If a hold is placed on your Card, you will be notified of the hold. 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 or telephone 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 use your Card to access cash at an Automated Teller Machine (ATM). You may not use your Card for any illegal transactions, use at casinos, and any gambling activity.
You should keep track of the amount of Value loaded on Cards issued to you. You may call us at the Customer Service number shown on your Card and listed below at any time to obtain the current Value on your Card. To reach us, call toll free in the US: +1-203-633-2273. Our business hours are 24 hours a day, 7 days per week.
Each time you use your Card, you authorize us to reduce the Value available on your Card by the amount of the transaction. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the Value available on your Card (creating a "shortage") you shall remain fully liable to us for the amount of the transaction. We reserve the right to bill you for any shortage. You agree to pay us promptly for the shortage. We also reserve the right to cancel this Card should you create one or more shortages with your Card.
You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You cannot make preauthorized regular payments from your Card. 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 Value for up to thirty (30) days. Transactions at certain merchants especially, car rentals and hotels, may result in a hold for that amount of Value for up to ninety (90) days. You will be notified by ONE in the event that a preauthorized regular payment fails for any reason.
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. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by MasterCard® into an amount in the currency of your Card. MasterCard® will establish a currency conversion rate for this convenience using a rate selected by MasterCard® from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard® itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by us. This percentage amount is independent of any amount taken by us in accordance with the following section of these Terms & Conditions.
If you obtain your funds in a currency or country other than the currency or country in which your Card was issued, we will charge a fee of 3% of the total transaction amount and will retain this amount as compensation for our services. This charge is independent of the currency conversion rate established by MasterCard®.
For transactions over $15, you should get a receipt at the time you make the transaction or obtain cash using your Card. In some cases, you may receive a receipt even if the transaction is $15 or less. You agree to retain your receipt to verify your transactions.
Payment Review is a process by which Yantra Financial Technologies "YFT", reviews certain potentially high-risk transactions. If a payment or transfer is subject to Payment Review, YFT will place a hold on the payment or transfer and provide notice to the Sender of the delay. FIS will conduct a review and either clear or cancel the transaction. If the transaction is cleared, FIS will provide notice to the Sender and Recipient. Otherwise, FIS will cancel the transaction and the funds will be returned to the Sender.
By providing YFT with your telephone number (including your wireless/cellular telephone number), you consent to receiving autodialed and prerecorded message calls and Short Message Service (SMS), push notifications, or other text or email messages from YFT at that number, including transaction verification requests. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorize it as such in our systems and in your Profile.
You may obtain information about the amount of money you have remaining on your Card by calling +1-203-633-2273. This information, along with a 60 day history of Card transactions ("Transaction History"), is also available electronically by logging in to your online account at www.onecard.cool. You also have the right to obtain a 60 day written history of Card transactions by emailing email@example.com. You will be charged $5.00 for each written history of Card transactions that is sent to you.
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, in no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. There are some exceptions to our liability. We will not be liable, for instance:
Your Card is the same as cash and the loss, theft or unauthorized use of your Card could cause you to lose all value on your Card. You are responsible for all transactions initiated through the use of your Card, including any PIN-based transactions, any transactions initiated by presenting the Card number only and any authorized transactions initiated by someone else. You must report unauthorized transactions immediately, or notify us immediately if you believe your Card has been lost or stolen, by calling us at +1-203-633-2273. Only transactions determined to be fraudulent or unauthorized that occur after notification to us will be credited to the card account. Therefore, it is imperative that you notify us immediately upon discovery of unauthorized use, loss or theft of the Card. You are responsible for transactions that occur between the time the card is lost or stolen and the time we are actually notified. When reporting a lost or stolen card, you will be required to provide us with your name, the Card number, your most recent transaction(s) and any other personal information necessary to verify your identity and your ownership of the Card. Once this information is verified, we will either reissue a Card or refund the remaining balance, subject to the $5.95 Replacement Card fee (if this is the third or more replacement with a year) or the $30.00 Expedited Replacement Card Fee in the Fee Schedule, above, and subject to the settlement of any pending transactions on the Card. Please be advised that we reserve the right to require an affidavit confirming the information you provide related to your lost or stolen card prior to the issuance of a replacement card or refund. Please also be advised that it is your responsibility to take reasonable measures to safeguard your card from loss or theft and failure to take such measures may result in the denial of any lost or stolen funds. You agree to fully cooperate with us in our investigation of any possible unauthorized use of your Card.
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 Kansas except to the extent governed by federal law.
We may amend or change the terms 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.
In case of errors or questions about your Card transactions, including if you think your Transaction History or receipts are wrong or if you need more information about a transaction listed on the written history of transactions or receipts, call +1-203-633-2273. You must contact us no later than the earlier of either sixty (60) days after the FIRST view of your Transaction History electronically that included the error or problem OR sixty (60) days after we sent you the FIRST written history of Card transactions that included the problem or error.
If you provide this information orally, a provisional credit will be applied to your account while we investigate. During the investigation you will have full access to your Card funds. 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 ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not be able to complete our investigation and may remove the credit applied to your Card. If we find there was no error made on your Card, we will remove the provisional credit applied to your Card and you will be liable for that amount.
For errors involving new Cards, point-of-sale, 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: call +1- 203-633-2273
We may disclose information to third parties about your Card or the transactions you make:
This Arbitration Provision sets forth the circumstances and procedures under claims (as defined below) may be arbitrated instead of litigated in court.
As used in this Arbitration Provision, the term "Claim" means any claim, dispute controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any Additional Cardholders designated by you; (ii) the amount of Available Funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.
As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all Additional Cardholders.
Any Claim shall resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the National Arbitration Forum ("NAF"), Judicial Arbitration and Mediation Services ("JAMS"), or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration-forum.com; (ii) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE "CODE"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If either party elects to resolve a Claim by arbitration, that shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
Any arbitration hearing that you attend shall place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
This Arbitration Provision is made pursuant to a transaction interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1- 16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant's written notice. The decision of the panel shall be by majority vote and shall be final and binding.
This Arbitration Provision shall survive termination of your Card as well voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.