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Electronic Communications Agreement

Electronic Communication Agreement (E-SIGN Disclosure and Consent Agreement) Effective February 1, 2020

“We,” “us,” “our” mean Metropolitan Commercial Bank, our successors, affiliates or assignees.  By using the Account for banking services you agree to be bound by the terms and conditions contained in this Agreement.

The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically and failure to consent will result in a declined application for a Bambu Mobile App Account or Bambu Prepaid Visa Card, except as provided below.

(a)            Scope of Communications to Be Provided in Electronic Form.  When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.  Your consent to receive electronic Communications includes, but is not limited to:

  • All legal and regulatory disclosures and communications associated with your Account and any related products or services
  • Your Agreement and any notices about a change in terms to it
  • All disclosures, notices and other communications regarding transactions you make through your Mobile App
  • Disclosures, agreements, notices and other information related to the opening or initiation of an Account, product or service including, but not limited to, your Agreement, fee schedules or other disclosures or notices that may be required by the Electronic Fund Transfer Act, the Gramm Leach Bliley Act or other applicable federal or state laws and regulations
  • Periodic, annual, monthly or other statements, disclosures and notices relating to the maintenance or operation of your Account, any product or service including, but not limited to, Account information, Account activity, Account inactivity, payments made or due, or other statements, disclosures or notices that may be required by the Electronic Fund Transfer Act, the Gramm Leach Bliley Act or other applicable federal or state laws and regulations
  • Any notice or disclosure regarding your Account, product or service fee
  • Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to Account, products or services you obtain from us
  • Privacy policies and notices
  • Error resolution policies and notices
  • Responses to claims filed in connection with your Account
  • Notices regarding insufficient funds or negative balances

(b)           Method of Providing Communications to You in Electronic Form.  All Communications that we provide to you in electronic form will be provided either (1) via an email notice we send to you at the time the information is available, or (2) by posting such Communications in the Mobile App, or (3) via optional text messages (SMS).  Once you provide your mobile phone number and download the Mobile App to your mobile phone, we will send you important notices to the mobile number you have provided to the Mobile App.  In addition, if you provide your mobile phone number and download the Mobile App, you expressly consent to receive text messages relating to your Account at that number and device.  Third-party data and message fees may apply.

(c)            How to Withdraw Consent.  You may withdraw your consent to receive Communications in electronic form at any time by emailing the Program Manager at customercare@mybambu.com or calling Customer Service at (833) 882-2628.  If you do withdraw your consent, we may close your Account, except where prohibited by law.  We will not impose any fee to process the withdrawal of your consent to receive electronic Communications.  Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal.  In the meantime, you will continue to receive Communications in electronic form.  If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.

How to Update Your Records.  If you change your mobile phone number or text message address, you must promptly provide and verify your new mobile device number or text message address.  It is your responsibility to provide the Program Manager with your true, accurate and complete email address (if you have elected to receive email messages from us), your contact information and other information related to this Disclosure and your Account, and to maintain and update promptly any changes in this information.  You can update information (such as your email address) through the Mobile App or by calling Customer Service at (833) 882-2628.

 

(d)           Hardware and Software Requirements.  In order to access, view and retain Communications that we make available to you electronically, you must have:

  • A smartphone that runs on Apple iOS version 5Se or later or Google Android version 6 or higher;
  • Internet access to your smartphone using a cellular data package or WiFi;
  • A personal email account available on your mobile phone; and
  • Sufficient electronic storage in the smartphone to install the mobile application

Requesting Paper Copies.  We will not send you a paper copy of any Communication unless we otherwise deem it appropriate to do so.  You can obtain a paper copy of an electronic Communication by printing it yourself.  We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.  To request a paper copy, write Bambu at P.O. Box 2141, Cranberry Township, PA 16066 or by calling the Customer Service telephone number which is (833) 882-2628.

(e)            Termination/Changes.  We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications.  We will provide you with notice of any such termination or change as required by law.

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