Mobile Wallet Terms and Conditions

Terms and Conditions and Privacy Policy for Adding Your Peoples Bank Debit Card to Mobile Wallet Service

1. Mobile Wallet Terms and Conditions. These Terms and Conditions (the “Terms”) apply when you choose to add a Peoples Bank debit card (“Peoples Bank Card” or “Card”) to a Mobile Wallet. In these Terms, “you”, “your”, “their”, and “my” refer to the cardholder of the Peoples Bank Card, and “we,” “us,” “our,” “Peoples Bank,” and “Bank” refer to Peoples Bank, the issuer of your Peoples Bank Card. By selecting "Agree" within the Mobile Wallet you agree to all terms, conditions, and notices contained or referenced in these Terms and you are providing your express consent.
2. What is a Mobile Wallet Service? A digital mobile wallet service (“Mobile Wallet” or “Mobile Wallet Service”) allows you to add your Peoples Bank Cards to an application using your smartphone or other mobile device that is web-enabled and allows secure SSL traffic (“Mobile Device”). Your Peoples Bank Card number is replaced with a digital number or token. Once your Card(s) are added, you understand that you may use your Mobile Device to make payments only where the Mobile Wallet is accepted. Peoples Bank is not a provider of the Mobile Wallet Service and we are not responsible for the performance or non-performance of a Mobile Wallet Service, or any third parties regarding any agreement you enter into with a Mobile Wallet provider, or related third-party relationships that may impact your use of a Mobile Wallet. We are only responsible for supplying information securely to the Mobile Wallet provider to allow usage of the Peoples Bank Card in the Mobile Wallet.
3. Eligibility. Active Peoples Bank Card accounts that are in good standing are eligible to be added to a Mobile Wallet. If your Peoples Bank Card or any underlying Bank account becomes delinquent, is in a negative status or is otherwise maintained in an unsafe manner as determined by Peoples Bank in its sole discretion, your Peoples Bank Card may be removed by Peoples Bank from the Mobile Wallet for continued use. In the event you violate any of these Terms or the terms of any other agreement with the Bank, we may suspend or terminate your access to this service. We may also suspend or terminate your access if we have a reasonable belief that such suspension or termination is necessary to protect us or you from loss. Such suspension or termination may occur without prior notice. We may, in our sole discretion and without prior notice to you, discontinue this service at any time.
4. Relationship to Other Agreements; Fees.You agree that when you add your Peoples Bank Card to a Mobile Wallet Service, your Peoples Bank Card and account will remain subject to the terms and conditions of all existing agreements with Peoples Bank, including without limitation your deposit account agreement and any other relevant agreement covering your Peoples Bank Card. The Bank does not charge you any additional fees for adding your Peoples Bank Card to a Mobile Wallet or using your Card through a Mobile Wallet. However, your Mobile Device provider, Mobile Wallet Service provider, and/or any other third parties such as wireless carriers or data service providers may charge you fees for using a Mobile Wallet to access your Card account. For example, your mobile service carrier or provider may impose data usage or text charges for your use of or interaction with the Mobile Wallet, including downloading the software, receiving or sending text messages, or other use of your Mobile Device when using the software or other products and services provided by the Mobile Wallet. You expressly agree that you are responsible for all such fees, limitations, and restrictions and that we may contact you via your Mobile Device for any purpose concerning your accounts at Peoples Bank, including account servicing and collection purposes.
5. Account Ownership/Accurate Information.You represent that you are the legal owner (or a duly authorized representative of the legal owner) of the account and other financial information which may be accessed via the Mobile Wallet. You represent and agree that all information you provide in connection with the Mobile Wallet is accurate, current, and complete, and that you have the right to provide such information to us for the purpose of operating the Mobile Wallet. You agree not to misrepresent your identity or your account information.
6. Debit Card Overdraft Service. A Mobile Wallet transaction made with a Peoples Bank debit card that draws from your checking account as the funding source is processed as an everyday debit card transaction. To the extent that you are using your consumer checking account as the funding source accessed by your debit card and have opted in to paying everyday debit card and ATM transactions through the Bank’s overdraft coverage, this election also applies to Mobile Wallet transactions and any resulting overdrafts are subject to a non-sufficient funds fee as provided for in the agreements covering your deposit account, debit card and/or the Bank’s fee schedule. If you are using your business debit card as the funding source, overdrafts resulting from a Mobile Wallet transaction are subject to a non-sufficient funds (NSF) fee as provided in your deposit account agreement and/or your debit card terms and conditions. 
   In addition, any limitations we place on the frequency or dollar amount of your Card transactions will also apply to Mobile Wallet transactions.
7. Bank Liability for Failure to Stop or Complete a Mobile Wallet Transaction. With regard to Mobile Wallet transactions, we will NOT be liable if:
   • Through no fault of ours, you do not have enough money or available credit in your Bank account to make the transaction;
   • The funds in your Bank account are subject to legal process or some other encumbrance restricting such transaction.

• There may be other exceptions stated in your deposit account agreement or other Bank agreements. Mobile Wallet transactions, once authorized, cannot be cancelled or stopped. You agree that you, and not we, will be responsible for resolving any Mobile Wallet payment dispute with any Mobile Wallet transaction payee (“Payee”), excluding disputes involving unauthorized transactions. 

8. Measures to maintain your privacy and security. Your privacy and the security of your confidential information are important to us. However, use of a Mobile Wallet Service involves the electronic transmission of personal information through third party connections, and because we do not operate or control these connections we cannot guarantee the privacy and security of these data transmissions. You agree that we may share your information with the Mobile Wallet provider, payment networks, and others in order to provide the services you have requested, to make information available to you about your Peoples Bank Card transactions, and to improve our ability to offer these services. We do not control the privacy and security of your information that may be held by the Mobile Wallet provider and that is governed by the privacy policy given to you by the Mobile Wallet provider. You agree not to leave your Mobile Device unattended while logged into the Mobile Wallet and to log off immediately at the completion of each access by you. You are responsible for maintaining the confidentiality of any of your credentials or any other means you may use to access your Mobile Wallet. You agree not to provide your password or other access information to any other person. If you believe that someone may have unauthorized access to your Mobile Device, you agree to immediately cancel your access to the Mobile Wallet associated with the Mobile Device. You agree to provide us with immediate notice in the event you suspect fraud or any unauthorized access to any of your accounts, by calling [1-877-802-1212]. You agree to comply with all applicable laws, rules and regulations in connection with your Peoples Bank Card.
   You agree to take every precaution to ensure the safety, security and integrity of your account and transactions when using the Mobile Wallet.
9. Changes in these Terms and Conditions.Except as otherwise required by law, Peoples Bank may in its sole discretion change these terms, and modify or cancel the eligibility to use your Peoples Bank Card with a Mobile Wallet Service at any time, without notice. We will provide notice to you only if required by law. When we make changes to the Terms, we may update the Terms on https://peoplesbanknc.com/wallet-terms/ or use other methods of providing notice on or before the effective date of any such changes to the Terms, unless (i) an immediate change is necessary to maintain security or to prevent fraud; or (ii) a legal or regulatory requirement requires immediate change; in which event the Terms will be updated within a commercially reasonable period of time. Your enrollment and continued use of your Card in a Mobile Wallet indicates your agreement with any changes. You cannot change these terms but you can terminate them by removing your Peoples Bank Card(s) from the Mobile Wallet. Peoples Bank reserves the right to refuse any transaction for any reason, in its sole discretion.
   Notwithstanding the preceding paragraph, no termination of your participation in this service or any part thereof will affect your liability or obligations accruing prior to termination of any provisions of the Terms that, by their nature or by express provision, are intended to survive termination. Each time you use or allow others to use your Mobile Wallet, you confirm your continuing agreement to abide and be bound by the Terms as in effect at that time.
10. Exclusion of Warranties; Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF A MOBILE WALLET SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOBILE WALLET SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND PEOPLES BANK IS NOT RESPONSIBLE FOR ANY DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS OR OTHERWISE. PEOPLES BANK MAKES NO REPRESENTATION OR WARRANTY AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR DATA THAT YOU OBTAIN THROUGH THE USE OF A MOBILE WALLET. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF A DIGITAL WALLET, SUCH AS UNAVAILABILITY OF YOUR DIGITAL WALLET PROVIDER’S PAYMENTS SERVICES OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS OF WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. THE BANK IS NOT RESPONSIBLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS DUE TO THE OCCURRENCE OF AN EVENT BEYOND ITS CONTROL (INCLUDING WITHOUT LIMITATION FIRE, FLOOD, POWER OUTAGE, ACTS OF GOD, GOVERNMENT OR CIVIL AUTHORITY, CIVIL OR LABOR DISTURBANCE, WAR, RIOTS, OR THE FAILURE OF OUR SERVICE PROVIDERS TO PERFORM).
11. Indemnification. You shall indemnify and hold the Bank, its holding company, affiliates, subsidiaries, shareholders, directors, officers, employees, agents, licensors and service providers, harmless from and against any and all third party claims, demands, liability, damages, expenses and costs (including reasonable attorneys’ fees) due to or arising out of any breach of these Terms or any use of your Card through a Mobile Wallet, whether that breach or use be committed or initiated by you, your authorized users or any other person using your Mobile Wallet or credentials. You must use your best efforts to cooperate with us in the prosecution or defense of any such claim. We may employ counsel of our choice to defend and control any such matter subject to indemnification by you. You have the right, at your expense, to employ separate counsel to participate in such matter on a non-controlling basis.
12. Notices. As a condition to enrolling your Card account in a Mobile Wallet Service, you consent to receive messages on your device from us as a means to relay important account information or information about the use of your Card in a Mobile Wallet. You also agree to receive notices and other communications from us by email to the email address on file for the relevant Card account. You agree to update your contact information with us when it changes.
13. Use of Information. You agree that we may obtain such additional information as we deem reasonably necessary to insure that you are not using the Mobile Wallet Service in violation of law, including, but not limited to, laws and regulations designed to prevent “money laundering” or the transfer of funds to or from persons or organizations whose accounts are blocked under regulations of the Office of Foreign Asset Control (OFAC) of the United States Treasury Department. You understand and agree that when you use the Mobile Wallet Service, we may obtain information about your Mobile Device.
    You understand that in order to complete Mobile Wallet transactions it may be necessary for us to communicate with Payees and other participants in the Mobile Wallet Service concerning the Mobile Wallet transactions. You agree that we may use, copy, display, and distribute to other persons any information or data we obtain related to your use of the Wallet Service.
    You authorize us to use this information in order to:
    • Initiate and complete Mobile Wallet transactions;
    • Detect and monitor for fraud or suspicious activity;
    • Provide information to Payees to facilitate any Payee-sponsored program tied to a Mobile Wallet transaction you initiate; and
    • Provide ancillary and supporting services related to the Wallet Service.

• We may also disclose information to third parties about your account or the transfers you make in order to process your Mobile Wallet transactions, or to verify the existence and condition of your account. The third parties may include, but are not limited to, transaction processors, clearinghouses, credit bureaus and merchants.

14. Questions and Disputes. If you have any questions concerning your digital wallet, please contact your Mobile Wallet service provider. For questions or disputes concerning your Card account, please call the Peoples Bank at [1-877-802-1212]. Disputes arising out of or relating to these Terms will be subject to the dispute resolution procedures outlined in your underlying account agreements.
15. Entire Agreement. These Terms constitute the entire agreement of the parties relating to the subject matter addressed in these Terms. These Terms supersede all prior communications, contracts, or agreements between the parties with respect to the subject matter addressed in these Terms, whether oral or written.