First PREMIER Bank® Mobile Wallet Terms & Conditions

 

 

Thank you for wanting to use your First PREMIER Bank® card(s) in a mobile wallet application (“Mobile Wallet”) offered by a mobile wallet provider (“Provider”). The following terms and conditions (these “Terms of Use” or this “Agreement”) govern your use of any First PREMIER Bank debit or credit Card (“Card”) in a Mobile Wallet or related features or services (collectively, the “Mobile Wallet Services”) available on eligible payment-supported mobile devices (“Supported Devices”). These Terms of Use are a legal agreement between you and First PREMIER Bank (“we” or “First PREMIER Bank” or “Bank”). They apply to the customer whose name is located on the Card, and anyone else you authorize to use your Card(s) (collectively, “you”) in the Mobile Wallet and represent your agreement with First PREMIER Bank regarding the use of your eligible debit or credit card account in the Mobile Wallet Services.


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CREATING, ACTIVATING OR USING YOUR CARD, BECAUSE BY DOING SO, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE.


IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT CREATE, ACTIVATE OR USE A CARD IN THE MOBILE WALLET.

  • You are solely responsible for maintaining the confidentiality of your user accession information (“User ID”), passwords and any other means that you may from time to time have to access the Mobile Wallet Services. If you share these credentials with any other person, they may be able to use your Card(s) and get access to your personal and payment information available through the Mobile Wallet Services.
  • Call us immediately at the telephone number printed on the back of your Card if you believe your Supported Device or authentication credentials (including User ID or password) have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization.
  • These Terms of Use govern your access to and use of your Card only as between First PREMIER Bank and you. The Provider, your wireless carrier, and other third party services or websites incorporated in the Mobile Wallet Services may have their own terms and conditions and privacy policies (“Third Party Agreements”) and you are also subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective websites.

 

1. Relationship to Provider


The Mobile Wallet is a service offered exclusively by the Provider using eligible Supported Devices. First PREMIER Bank, its parent, and its affiliates do not own, operate, or control the Mobile Wallet and are not responsible for any service provided to you by the Provider or by any third party performing on behalf of the Provider. We likewise are not responsible for any information or other services provided to you by the Provider or any other third parties associated with the Mobile Wallet Services.


2. First PREMIER Bank’s Responsibility


With regards to your usage of the Mobile Wallet, our sole responsibility is providing information to the Provider in order to allow you to enroll your eligible Card into the service. As we do not control this service in any way, we are not liable for any failure of the service resulting in your inability to use the Mobile Wallet, including any loss, injury, or inconvenience you may suffer as a result of a merchant’s refusal to accept the Mobile Wallet.


3. Cardholder Agreement and Arbitration


Your enrollment into the Mobile Wallet Services does not impact any other agreement we have with you. The terms of use for your Card(s) which were provided to you previously and amended from time to time remain in full force and effect regardless of whether or not you use the Mobile Wallet Services. If your agreement with us contains an arbitration provision, it also applies to your use of your Card through the Mobile Wallet Services. For the avoidance of confusion, any transaction you make with your enrolled Card using the Mobile Wallet Services will be considered the same as if you had used your card in person to conduct the transaction and all applicable fees and charges will apply per the terms of your agreement with us.


4. Using the Mobile Wallet


Using the Mobile Wallet Services allows you to access your underlying First PREMIER Bank account using your Supported Device. As the Mobile Wallet is a service which requires merchants (those individuals or organizations who accept Cards for payment) to support specific point-of-sale hardware, you may not be able to use the Mobile Wallet at all locations where your First PREMIER Bank Card is normally accepted. We make no warranty or representation that you will be able to use your First PREMIER Bank Card through the Mobile Wallet Services at all merchants.


When you enroll in the Mobile Wallet, your Card information is securely transmitted by the Provider to First PREMIER Bank for authorization to enroll your Card in the service. Your Card information is then replaced with a device-specific account number which may be used in lieu of your Card number to pay for goods and services at participating merchants.


By designating your First PREMIER Bank Card as a card in the Mobile Wallet, you can conduct transactions by placing your Supported Device near the participating merchant’s point-of-sale terminal or near-field-communication (“NFC”) reader. To authorize the transaction you must use the biometric fingerprint security feature or similar security feature on your Supported Device.


5. Device Eligibility


You are required to have an eligible Supported Device in order to use this service. The Provider, at its sole discretion, determines which devices are eligible to be used with the Mobile Wallet Services. You acknowledge that use of an ineligible mobile device with the Mobile Wallet Services is expressly prohibited, constitutes a breach of these Terms of Use, and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Card in the Mobile Wallet Services. We are not liable to you or any third party for the effects of such termination or suspension.


6. Account Eligibility


You must have the power, authority and capacity to accept these Terms of Use. Your Card and the underlying account must be in good standing and you must not be restricted from using the Mobile Wallet based upon any limitations imposed by the Provider, your wireless service provider, and/or any third party associated with the Mobile Wallet Services.


7. Lost or Stolen Cards or Devices


Call us immediately at the telephone number printed on the back of your Card(s) if you believe your Supported Device or your credentials have been lost or stolen or someone has used or may use your Supported Device or your credentials without your authorization. Also change your credentials immediately to avoid any unauthorized use of a Card(s) or of your personal information. If you get a new Supported Device, please be sure to delete all your Cards and other personal information from your prior Supported Device.


You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.


The Mobile Wallet and your Supported Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Card(s). These features and procedures are the sole responsibility of the Provider. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Cards.


Protecting your Passwords and other Credentials


You are responsible for maintaining the confidentiality of your User ID, passwords and other means you may from time to time have to access any of your Cards. You agree to take every precaution to ensure the safety, security, and integrity of your transactions, account, Card, Supported Device, User ID, and passwords when using the Mobile Wallet. You should keep your Supported Device and these credentials secure in the same manner as you would keep your cash, checks, credit cards, and other personal identification numbers and passwords secure. Subject to the applicable agreement governing the use of the relevant Card, you are responsible for all transactions made using your Card.


8. Ancillary Mobile Wallet Services


If, in the future, the Provider decides to offer, or allows other third parties to offer, through the Mobile Wallet Services any additional information or services to you (“Ancillary Services” such as coupons, discounts, rebates, etc.), you understand and agree that First PREMIER Bank does not endorse or warrant any of these offers or services and has no control over these Ancillary Services. You further agree that First PREMIER Bank is neither responsible nor liable for any loss or damage as a result of your use of such Ancillary Services.


9. Fees


While we do not currently assess fees for use of the Mobile Wallet or mobile banking services, we reserve the right to charge fees in the future. In the event we elect to begin charging fees, those fees will be disclosed to you as required by law. You are responsible for any fees or other charges that your wireless communication provider may charge for any related data or message services messaging. Your use of the Card remains subject to any fees or charges not related to use of the Mobile Wallet Services, as set forth in the applicable agreement, as amended, between you and us.


10. THIRD PARTY AGREEMENTS AND SUPPORT


These Terms of Use only address the terms and conditions that apply to your use of your Card(s). The Provider, your wireless carrier, and other third party websites or services integrated in the Mobile Wallet Services have their own Third Party Agreements and you are subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective sites. First PREMIER Bank is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of the Provider’s or any third party’s products or services. It is your responsibility to read and understand the Third Party Agreements before creating, activating, enrolling or using a Card in the Mobile Wallet Services.


We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services (including any Mobile Wallet Service or your Supported Device). If you have any questions or issues with a third party product or service, including issues pertaining to the operation of your Supported Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If you have any questions or issues pertaining to the Mobile Wallet or Mobile Wallet Services (other than questions or issues specific to the use of a Card), please contact the Provider.


11. Your Consent


By enrolling in the Mobile Wallet you affirmatively consent to receiving the legal disclosures, agreements and instructions relating to your account(s) enrolled in the Mobile Wallet via electronic means. By providing us with a landline or mobile/cellular telephone number, you consent to receiving calls, text messages, or e-mail messages from us at that number for our everyday business purposes (including identity verification).


You further consent to receiving autodialed and prerecorded message calls and text messages from us at that number for non-marketing purposes. For example, we may contact you in connection with validating or processing a transaction that you've requested through the Mobile Wallet. You also consent to receiving text messages and e-mails from us at that number for marketing purposes. Please review our Privacy Policy and your agreement with us for more information.


12. Your Data & Privacy You agree that we may collect, transmit, store, and use certain information about you and your use of your Card in the Mobile Wallet. The transmission, storage, and usage of this data is governed by the privacy policy applicable to your Card or the underlying account.


You understand and acknowledge that third parties, such as the Provider and Mastercard or Visa, will have access to certain details regarding eligible Card transactions made using the Mobile Wallet Services. You understand that information that is provided to or held by the Provider or other third parties in relation to the Mobile Wallet Services is outside the control of First PREMIER Bank. Any information you disclose to the Provider or any other third party is subject solely to their security policies and governed by their respective privacy policies and not the First PREMIER Bank privacy policy applicable to your Card or the underlying account. We are not responsible if there is a security breach affecting any information stored in the Mobile Wallet, sent from a Mobile Wallet, maintained by the Provider or any third party, or otherwise related to your use of the Mobile Wallet Services.


What Others Collect


As stated at the beginning of these Terms of Use and in the Third Party Agreements and Support section above, First PREMIER Bank is not responsible for the Mobile Wallet Services or any other services offered by your wireless carrier or any third party. Accordingly, any information you provide to the Provider through the Mobile Wallet Services, or that is collected or accessed by the Provider in the course of your use of a Card or the Mobile Wallet, is subject to Third Party Agreements, and is not governed by our Privacy Statement or these Terms of Use.


13. Suspension or Cancellation of Services


First PREMIER Bank reserves the right to discontinue support of the Mobile Wallet Services at any time without advance notice to you. We may suspend or cancel your use of your Card(s) in the Mobile Wallet at any time, for any reason, and without advanced notice to you.


14. Disclaimer of Liability


You agree that First PREMIER Bank will not have any liability to you or any third party for the potential impacts of discontinuing the service, suspending your ability to use the service, or terminating your use of your Card in the Mobile Wallet.


First PREMIER Bank will not be liable for any circumstances that delay, interrupt, or otherwise impact or prevent your ability to use your Card with the Mobile Wallet (such as, but not limited to, fire, flood, network or system down, time, or interference from an outside force).


EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL FIRST PREMIER BANK, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY CARD, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


NOTHING IN THESE TERMS OF USE SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR SUPPLIERS' LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. Federal law and the laws of certain states or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms of Use.


This Section 14 shall survive any termination of these Terms of Use.


15. Disclaimer of Warranties


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CARD IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND FIRST PREMIER BANK, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A CARD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A CARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A CARD WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIRST PREMIER BANK, ANY OF ITS AUTHORIZED REPRESENTATIVES, OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.


ACCESS, USE, AND MAINTENANCE OF A CARD DEPEND ON THE WALLET SERVICES AND THE NETWORKS OF WIRELESS CARRIERS. FIRST PREMIER BANK DOES NOT OPERATE THE WALLET SERVICES OR SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT, OR OTHERWISE AFFECT THE FUNCTIONING OF ANY CARD, SUCH AS UNAVAILABILITY OF THE WALLET SERVICES OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. FIRST PREMIER BANK DISCLAIMS ANY RESPONSIBILITY FOR THE WALLET SERVICES OR ANY WIRELESS SERVICE USED TO ACCESS, USE, OR MAINTAIN A CARD.


USE OF A CARD INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH YOUR PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM FIRST PREMIER BANK OVER THE INTERNET FROM YOUR SUPPORTED DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE SELECT.


WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE WALLET SERVICES. WE ALSO ARE NOT RESPONSIBLE FOR YOUR SUPPORTED DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.


This Section 15 shall survive any termination of these Terms of Use.


16. Indemnification


You agree to defend, indemnify, and hold harmless us, our parent, and our affiliates and service providers and their affiliates, officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim, or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the breach of this Agreement by any joint account holders or authorized users of your Card and/or your use of the Mobile Wallet. You must use your best efforts to cooperate with us and may also participate at your own expense in the defense of any such claim.


17. Governing Law


These Terms of Use, your use of any Card(s), and any claim, dispute, or controversy arising from or relating to these Terms of Use or your use of any Card(s) are governed by and construed in accordance with the laws of the state of South Dakota (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of these Terms of Use and the amounts contracted for, charged, and received under these Terms of Use, if any, will be governed by such laws. These Terms of Use are entered into between you and us in South Dakota.


18. Notifications and Changes To This Agreement As part of your use of the Mobile Wallet Services, you agree to receive all legally required notifications from us via electronic means. We may amend this agreement and any applicable fees and charges for the service at any time by posting a revised version of this agreement on our website located at www.firstpremier.com (“Online Banking Website”) unless the amendment is otherwise required by law or applicable regulation, in which case we will send you notice of an amendment.


We may also provide you with notice concerning these Terms of Use via electronic notice given to you at any e-mail address or by contacting you using any telephone number you have provided to us, or by contacting you at the address we have on file for you.


The revised version will be effective at the time it is posted or delivered unless a delayed effective date is expressly stated in the revision or required by law. Any use of the Mobile Wallet or the Mobile Wallet Services after a notice of change or after the posting of a revised version of this agreement on our Online Banking Website will constitute your agreement to such changes and revised versions.


We reserve the right to terminate the Mobile Wallet services in its entirety at any time and without notice to you.


[You cannot change the terms of this Agreement, but you can terminate them by removing your Card from the Mobile Wallet.]


19. Notices From You Any notice you provide to us will be effective upon our receipt of such notices providing that we have had a reasonable time to review and act upon your notice.


Effective May 2017