MyBambu Deposit Account and Cardholder Agreement
Effective as of June 9, 2024
IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (SEE SECTION 9 BELOW) REQUIRING ALL CLAIMS (EXCEPT CLAIMS ELIGIBLE FOR SMALL CLAIMS COURT) TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
Please read this carefully and retain it for future reference. This MyBambu Deposit Account and Cardholder Agreement (the “Agreement”) may, to the extent permitted by applicable law, be amended or changed at any time by us by posting the amended terms on Program Manager’s (defined below) website www.mybambu.com, and any such amendment shall be effective upon posting to the website unless a longer time frame is required by applicable law. However, if the change is made for security purposes, we can implement such change without prior notice. You can determine when this Agreement was last revised by referring to the Effective Date at the top of the Agreement.
This Agreement contains the terms and conditions related to your demand deposit account (“Account”) issued by Community Federal Savings Bank, (“Bank”), member of the Federal Deposit Insurance Corporation (“FDIC”) on behalf of Bambu Systems, LLC d/b/a MyBambu(“Program Manager”), the Bank’s program partner responsible for managing the Account and providing customer service to you on the Bank’s behalf, unless otherwise noted.
By providing a written or electronic signature on a signature card or opening, or continuing to hold an Account with us, you agree to the most recent version of this Agreement, which can be accessed from the MyBambu mobile application or www.mybambu.com.
“We”, “our”, and “us” refer to the Bank, our successors, affiliates, or assignees.
“You” and “your” refers to the person who has opened and owns the Account.
Bank’s business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.
CELLULAR PHONE AND E-MAIL CONTACT CONSENT
By providing us with your e-mail and/or a telephone number for a cellular phone or other wireless device, including a number that you later connect to a cellular device, you are expressly consenting to receiving communications including but not limited to prerecorded or artificial voice message calls, text messages, push notifications, e-mails and calls made by an automatic telephone dialing system from us, our affiliates and our agents (including, but not limited to, Program Manager) at that e-mail address and/or telephone number. This express consent applies to each such e-mail and/or telephone number that you provide to us now or in the future and permits such calls and messages for non-marketing purposes. Calls and messages may incur access fees from your cellular provider.
1. DESCRIPTION OF YOUR ACCOUNT
A. The Account
The Account consists of a demand deposit account, which can be used to make payments and transfers to third parties online or through the use of the MyBambu Visa® Debit Card (“Card”) that is automatically issued with the Account. The Account does not provide a checkbook to write paper checks from the Account.
Your Account is a non-interest bearing account, meaning no interest will be paid to you for the funds that you deposit, otherwise receive, or maintain in your Account through use of the services. Your Account is not a prepaid account or credit product.
You agree to pay the fees as shown on the Fee Schedule in Section 7 (Fees) below.
The funds associated with your Account are held in a pooled deposit account at the Bank, and your funds in this pooled deposit account may be combined with the funds of other MyBambu Account holders.
You will be able to use the MyBambu mobile application (the “Mobile App”) to view the available balance in your Account, which is the total amount of funds in your Account. Funds associated with your Account that are in transit and have not settled with the Bank may not be available for withdrawal until the funds settle with the Bank. We reserve the right to impose limits on the maximum amount that you can maintain in, or transact with, your Account and reserve the right to change such limits at any time. Please see Section 2(C) below for maximum balance restrictions and transaction limitations.
B. Opening an Account
You may submit an application to open an Account by using the Mobile App.
C. Account Eligibility
The Account is available to consumers who are citizens of the United States (“U.S.”) or persons who reside in the U.S. and the District of Columbia, who are at least 18 years of age. We will ask for your name, address and date of birth, a valid Social Security number (“SSN”) if you are a U.S. citizen, or an Individual Tax Identification Number (“ITIN”), and we will ask for certain other U.S. or foreign government issued identification documents and other information that will allow us to identify you. We will also ask to see a copy of your driver’s license or other U.S. or foreign government documentation bearing your photo as verification of your identity, which may include other identifying documents. By applying for and using your Account, Card or participating in the MyBambu Account program you agree and represent that the information and statements you provide us are true and accurate, including, but not limited to, your real name, valid U.S. mailing address (not a P.O. Box) and residential address (if different), SSN, other identification documentation, date of birth, and telephone number and that you are a U.S. citizen, or non-U.S. person residing in one of the 50 states or the District of Columbia. If you fail to provide accurate information that we request, we may not open your Account, close your Account, or cancel your Card.
You must consent to accept electronic communications, rather than paper communications. Your consent to receive electronic communications means: you shall receive electronic delivery of all account communications (such as periodic statements, end-of-year tax forms and other account communications required by applicable law), instead of receiving such communications in paper form. You must provide us, and continue to maintain with us, a valid e-mail address to which we will send such electronic account communications to you. If you revoke your consent to receive all electronic communications from us, your Account will be closed.
Program Manager may use information from third parties to help Bank determine if Program Manager should open your Account.
D. Important information about procedures for opening a new Account
TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERING ACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT.
WHAT THIS MEANS FOR YOU: WHEN YOU OPEN AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE A COPY OF YOUR DRIVER’S LICENSE OR OTHER IDENTIFYING DOCUMENTS.
E. FDIC Deposit Insurance
The funds underlying your Account are held by Community Federal Savings Bank or the other FDIC member and insured depository institution as listed here: https://www.cfsb.com/FDIC (“Network Banks”). The list of Network Banks is subject to change from time to time. Such funds are FDIC-insured up to the applicable limits in the event Community Federal Savings Bank or the applicable Network Bank fails, provided we have been able to fully verify your identity. Actual insured amounts may be lower or adversely affected based on any balances you separately hold at a Network Bank.
You are responsible for monitoring the total amount of deposits (including non-MyBambu Visa® Debit Card accounts) held by you at Bank and at any Network Bank for purposes of determining the amount of your deposits that may be eligible for FDIC deposit insurance.
F. Titling and Ownership
The Account must be owned and titled in the name of a person who may deposit, transfer, or withdraw funds. The Account may not be owned or titled jointly with another person or by a Social Security Representative Payee. The Account cannot be owned or titled by an organization, as “Payable on Death” or “In Trust For”.
G. Death or Incapacitation
You agree that your appointed party, designee, or appointed individual shall notify us promptly if you become legally incapacitated, are deemed incompetent, or die. We will continue to accept deposits and process transaction instructions into and from your Account until we: (i) are notified of your death or adjudication of incompetency and (ii) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death, we may pay or process transactions on your Account on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in the Account. We may require additional documentation to confirm any claims made on the Account.
H. Power of Attorney
You may not appoint another individual as attorney-in-fact for your Account.
I. Bank’s Relationship with You
This Agreement and the deposit relationship do not create a fiduciary relationship with the Bank.
J. Privacy Policy
Bank’s privacy policy is available at https://www.cfsb.com/privacy and is considered part of this Agreement.
Program Manager’s privacy policy is available at www.mybambu.com and is considered part of this Agreement.
2. GENERAL RULES GOVERNING THE ACCOUNT
A. General Provisions
The Account and your obligations under this Agreement may not be assigned by you. Bank may transfer its rights under this Agreement. Use of the Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. Neither Bank nor Program Manager waives its rights by delaying or failing to exercise them at any time. 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.
Your Account is not intended for business use, and we may close the Account if we determine it is being used for business purposes. Bank may refuse to process any transaction(s) that it believes may violate the terms of this Agreement or applicable law.
B. Funding Your Account
Deposits to your Account may be made only in the form and manner that we permit in our sole discretion. Only electronic deposits are permitted. All deposits must be made in U.S. Dollars.
You may not deposit funds in any non-Allpoint® ATMs or at any of our branch locations. Funds deposited to your Account are available as described in the General Funds Availability Policy in Section 5 below.
Bank is not liable for any deposits, including cash, lost in the mail, lost in transit, or not received by Bank.
- Cash – Except for cash loads accepted through third party money transfer services or select Allpoint® ATMs, Bank does not accept deposits made in cash. If you mail a cash deposit, the cash will be sent back to the address Bank has for you on file, and the cash deposit will not be posted to your Account.
- Paper Checks – Personal checks, cashier’s checks, and money orders may not be deposited by mail. All checks and money orders sent to Bank for deposit will be returned and will not be posted to your Account, unless the full check amount may be applied towards a negative balance on the Account, in which case the check or money order may or may not be deposited to the Account at Bank’s discretion.
- Foreign Currency – Bank does not accept deposits in foreign currency. Any deposits received in foreign currency, cash or check, will be sent back to the address Bank has for you on file and will not be posted to your Account.
We may at any time refuse to accept any deposit in our sole discretion. If an item you deposit is returned as non-payable, we will debit your Account in the amount of the non-payable item.
If funds are deposited or transferred into your Account by mistake or otherwise, Bank may correct the situation by deducting the amount of the deposit from your Account without prior notice to you. If there are not enough funds in your Account at that time, your Account could become overdrawn. See Section 2(E) (No Overdrafts) and Section 2(F) (Right to Set Off) below for more information about what could occur if your Account has a negative balance.
Note: If the Account is cancelled, closed, or terminated for any reason, any direct deposits, ACH transfers, or cash deposits made via third party money transfer services received after the Account closure date will be rejected and returned to the originator.
C. Limitations on Frequency and Dollar Amounts of Transactions
From time to time, Bank may increase or decrease the limits or add additional limits to your use of the Account, including the Card, in their sole discretion without notice to you except as required by applicable law, for security, risk or other reasons. Your Account limits can be found in the table below. We reserve the right to accept or reject any request to load your Account at our sole discretion. Only you may load your Account at participating retailers displayed in the Mobile App. We may reject any attempt by any other person to load your Account.
(i) Deposits
| Transaction/load Type | Maximum Amount and Frequency |
Direct deposits* or any other incoming ACH credit | Maximum of $15,000 per transaction unless approved by us; maximum of $30,000 per any 30-calendar day period |
| ACH transfers initiated in the Account to be pulled from a verified bank account at an outside financial institution (outgoing ACH credit) | Not permitted |
| Deposits to your account using your Card number from an external debit card (no gift cards or credit cards) issued by an outside financial institution** | Maximum of $1,000 per transaction type; maximum of $20,000 per any 30 calendar day period per transaction type |
Cash loads using an authorized retail location*** | For Card swipe loads, maximum of $1,000 per load; $1 minimum; maximum of $16,000 per any 30 calendar day period For barcode loads, maximum of $999 per load; $5 minimum; maximum 5 per day; $16,000 per any 30 calendar day period |
Transfers from another MyBambu accountholder | Maximum $1,000 per transaction; $16,000 per any 30 calendar day period |
*Your Account number and Bank’s ABA routing number may be used for the purpose of initiating direct deposits to your Account. The recipient’s name on any direct deposit(s) that Bank receives must match the name of the accountholder. Any direct deposits received in a name other than the Account owner’s name may be returned to the originator.
**Direct deposits or credits using a debit card from an outside financial institution: Any such deposits received from a different financial institution where the card name does not match the Account holder registered to the Account may be returned to the originator. Deposits using an external debit card from an outside financial institution may be available within minutes of a successful transaction, however there may be times when such transactions are delayed due to network timing or other factors.
***Third party money transfer services used to load funds to your Account may impose their own fees and set limits on the frequency or amount of cash you may load to the Account. These limits could be imposed per transaction, daily, weekly, or monthly.
(ii) Domestic Transfers/Payments
You may use your Account to transfer funds between your Account and (i) another person’s MyBambu account, (ii) your checking account, or (iii) another person’s checking account, in the U.S., whenever you request. See the transaction types and dollar limits below:
| Sending Transaction Type | Frequency and/or Dollar Limits |
| Transfer out to another MyBambu accountholder | Maximum of $1,000 per transaction, $2,000 per day; $16,000 per calendar month |
(iv) Writing Checks
If enabled by Program Manager for your Account, you will have access to the bill payments check feature (the “Checks”) through the Mobile App or Website which allows you to authorize Bank to make bill payments on your behalf to third parties. See the transaction and dollar limits below.
| Frequency and/or Dollar Limits | |
| Number of Checks | Maximum of one (1) Check per day; three (3) Checks per week; eight (8) Checks per calendar month |
| Dollar Limits | $1,000 per Check, $3,000 in Checks per week; $8,000 in Checks per calendar month |
(v) Card Transactions
| Card Transaction Type | Maximum Frequency/Amount | Frequency and/or Dollar Limits |
| Maximum balance on the Account | $30,000 | |
| ATM Withdrawal (Domestic and International) | $500 per transaction | Maximum $1,000 per day. 5 transactions per day |
| OTC Cash Withdrawal (bank teller) | Not permitted | |
| Cash Back at POS | $4,500 per day | Account balance unless the merchant imposes a lower limit |
| Card Purchases (POS Signature and PIN) | No limit on number of transactions/$4,500 per day | Account balance unless the merchant imposes a lower limit |
(Daily Purchase Limit) Combined POS, Cash advance and ATM daily limit | $5,500 per day |
D. Preauthorized Transfers
Your Account number and the Bank’s ABA routing number can be used for preauthorized direct debits (“ACH Debits”) from merchants, Internet service or other utility service providers (“Merchants”), and for the purpose of initiating preauthorized direct deposits to the Account (“ACH Credits”). These transfers will be processed under the Rules of the National Automated Clearing House Association (“NACHA”) and you agree to comply with the NACHA rules. Detailed information regarding preauthorized transfers is available in Section 4(B) (Preauthorized Transfers) below.
Each time we receive an ACH Debit, we will reduce the available balance in your Account by the amount of the ACH Debit and any applicable fees.
IMPORTANT: If your Account number changes you must immediately notify any billers using the Account number to debit your Account, or any persons using your Account number to credit your Account. You must provide them with the new Account number to ensure the ACH Debit and ACH Credit activity continues uninterrupted.
E. No Overdrafts
You are not permitted to overdraw your Account. If the available balance in your Account is insufficient to cover any payment or withdrawal you have authorized, the payment or withdrawal you have requested can be declined. If your Account balance becomes negative for any reason, you must make a deposit immediately to cover the negative balance. Any deposit we receive to your Account will first be applied to any negative balance in your Account.
If your Account has a negative balance for an extended period of time and you have another account with Bank, Bank reserves the right to exercise the right to set off. See Section 2(F) (Right to Set Off) below for details.
If your Account has a negative balance for sixty (60) consecutive calendar days or more, it may be closed. We reserve the right to close your Account if you overdraw your Account in violation of these terms.
F. Right to Set Off
If your Account balance becomes and remains negative, Bank can use the funds in any of your other accounts with Bank to repay the amount owed on the negative balance Account without further notice to or demand on you. This means Bank has the right to set-off any liability, direct or contingent, past, present or future that you owe against any account you have with Bank. Further, you grant Bank a lien on and security interest in the funds on deposit in each of your account(s) as security for the entirety of your liabilities and obligations to Bank, now or in the future.
G. Account Closure, Holds, Suspensions and Restrictions
Bank and Program Manager reserve the right to close, suspend, freeze or restrict your Account for any reason with or without notice to you. Such reasons include, but are not limited to:
- If we, at any time, believe that an Account is being used for fraudulent or illegal purposes, or such Account presents an undue risk to Bank as determined in our sole discretion.
- Your use of the Account conflicts with any federal, state, or local law, rule or regulation, including federal foreign asset control requirements and anti-money laundering rules, or with the Bank’s policies designed to assure Bank’s compliance with such law, rule or regulation.
- We receive a court order or other valid legal process to suspend or close your Account.
- Your actions otherwise violate any part of this Agreement.
If the Bank’s or Program Manager’s monitoring of the Account detects activity which is believed to be fraudulent, or is prohibited by the Bank and/or by applicable law, the Bank may also hold (or in other words, deny access to) Account funds pending review of the activity by the Bank and/or Program Manager. The Bank may require you and other parties to the activity to produce documents and/or other materials evidencing the validity of the activity. Funds on deposit in any Account with us are subject to hold at the Bank’s discretion until the source of such funds and/or the activity is properly verified.
H. Legal Processes Affecting Accounts
If legal action such as a garnishment, levy or other state or federal legal process (“Legal Process”) is brought against your Account, bank or Program Manager may refuse to permit (or may limit) withdrawals or transfers from your Account until the Legal Process is satisfied or dismissed. Regardless of the terms of such garnishment, levy or other state or federal process, Bank has first claim to any and all funds in your Account for your liability under this Agreement. Bank will not contest on your behalf any such Legal Process and may take action to comply with such Legal Process as Bank determines to be appropriate in the circumstances, even if any funds Bank may be required to pay out leaves insufficient funds to pay a transaction that you have authorized. Payment is made after satisfying any fees, charges or other debts owed to Bank or Program Manager. You agree that you are responsible for any expenses, including legal expenses and fees Bank or Program Manager incurs due to any Legal Process on your Account. Bank may charge these expenses to your Account. You will indemnify Bank for any losses if it does this.
I. Account Inactivity and Escheatment
If your Account becomes inactive (e.g., if you do not use the funds in your Account or access your Account for a certain period of time), applicable law may require Bank to report the funds in your Account as unclaimed property. If this occurs, Bank may try to locate you at the address shown in Bank’s records. If Bank is unable to locate you, Bank may be required to deliver any funds in your Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Account to a state varies by state, but usually ranges between two and five years.
J. Account and Card Use and Purpose
The disclosures in this Agreement, pertaining to the services outlined in this Section 2 (J) titled Account and Card Use and Purpose that are not related to or offered by the Bank, are provided by the Program Manager.
Mobile Phone Top Up
The terms and conditions of this service can be found in the Mobile App Terms and Conditions. This service is provided by the Program Manager and the service is in no way affiliated with or serviced by Bank.
International Remittances
You may make international remittances with your Account. This service is provided by a third party, Servicio UniTeller, Inc. (“Uniteller”) and is in no way affiliated with or serviced by Bank. The terms and conditions for this service can be found in the Uniteller User Agreement in the Mobile App Terms and Conditions.
K. Bill Pay Via Checks
If enabled by Program Manager for your Account, you will have access to the bill payments check feature (the “Checks”) through the Mobile App which allows you to authorize Bank or Program Manager to make bill payments on your behalf to third parties. You may not have access to the Checks until your Account has been open for a minimum of thirty (30) days and/or have a direct deposit. To initiate a bill payment using the Checks, you must provide the name and mailing address of each individual or company you wish to pay. Once a payment is authorized, the payment amount will be immediately deducted from your Account balance. Payments made using the Checks take the form of a paper check sent to the payee using standard U.S. Postal Service mail. Please allow three to nine (3-9) business days for delivery of the check. Payments can only be sent to addresses located within the fifty (50) states of the U.S. Check payments are processed daily by 12:00 pm Eastern Time. Check payments initiated after this time will be processed the next business day. Bank or Program Manager reserve the right to refuse to process payments to any individual or company. If the decision is made to refuse a payment, Bank or Program Manager will notify you on or before the next business day. Checks may be refused or returned by the individual or company to whom the payment was issued. The determination to accept this method of payment is at the discretion of the recipient. The U.S. Postal Service may also return payments in cases of expired or invalid addresses. If the Check payment is returned for any reason, the payment will be voided, and the full amount credited to your Account the next business day following Bank’s receipt of a return check.
- Uncashed Checks: Uncashed Checks are voided after 180 days. Funds from voided checks will be credited to your Account after such time period.
- Cancelling a Check Payment: You may cancel a single Check payment as long as it has not been processed and sent by contacting Customer Service. Funds from any cancelled check will be credited to the Account in approximately two days.
- Liability for Failure to Stop Payment of a Check Payment: If you request cancellation of a Check payment within three (3) business days or more before it is scheduled to be made, and Bank does not cancel it in time, Bank will be liable for your losses or damages.
Refer to Section 2(C) titled “Limitations on Frequency and Dollar Amounts of Transactions” for Check limitations.
L. Illegal Transactions
You may not use your Account for illegal online gambling or any other illegal transactions. Bank or Program Manager may refuse to process any transaction that it believes may violate the terms of this Agreement or applicable law. You acknowledge and agree that Bank and Program Manager have no obligations to monitor, to review or to evaluate the legality of your transactions. To the fullest extent permitted by law, you agree to pay for any transaction that you authorized, even if that transaction is determined to be illegal.
M. Cancelled, Closed or Terminated Account
If the Account is cancelled, closed or terminated for any reason, you may request the unused balance be returned to you by check sent to the mailing address we have in our records. For security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund check. Allow fourteen (14) days for processing and mailing of the refund check. In the event the program is cancelled, closed, or terminated, we will send you prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Account balance, will be in the notice.
Note: If the Account is cancelled, closed, or terminated for any reason, any direct deposits, ACH transfers, or cash deposits made via third party money transfer services received after the Account closure date will be rejected and returned to the originator.
3. DEBIT CARD
You agree that you will receive a digital Card with your Account (a “Digital Card”) only if and when you activate your Digital Card. You may request, be issued, and/or use a physical plastic card (a “Physical Card” and together with the Digital Card, the “Card”) in addition to the Digital Card. A Physical Card will be mailed to the address on file upon successfully opening your Account. The funds accessible by the Card are limited to the available funds in your Account. The Physical Card is the property of Bank, and must be surrendered upon demand. The Card is non-transferrable, and Bank or Program Manager may cancel the Card at any time without prior notice to you subject to applicable law.
A. Card Activation
You must activate the Physical Card before it can be used. Activation instructions will be provided with the Physical Card. You must have a Physical Card in order to obtain cash at an Automated Teller Machine (“ATM”). You may use your Digital Card to make mobile payments using Apple Pay, Samsung Pay or Google Pay. (See the Section below titled “Third-Party Agreements”). You may not use your Account or Digital Card at ATMs or point of sale devices that require a Physical Card if you do not have a Physical Card.
Digital Card
Your Digital Card upon issuance will be displayed in the Mobile App and ready for full use after the first successful load of funds to your Account. You may access the funds in your Account by using your Card Number for transactions or purchase initiated over the phone or online. You will not receive a PIN for your Digital Card. If you choose to receive and use a Physical Card, you will be able to continue using your Digital Card.
Physical Card
A Physical Card will be mailed to the address you provide to us during the Account registration process. When you receive your Physical Card, you may activate it through the Mobile App or by calling Customer Service at (833) 882-2628 and receive your PIN (as set forth in the Section of this Agreement titled “Personal Identification Number”). If you call us to activate your Physical Card you will need to provide personal information in order for us to verify your identity in addition to verification upon Account opening.
Mobile App
The Mobile App is not affiliated with or serviced by Bank. When downloading the Mobile App, you will be prompted to provide your name, email address and a valid mobile phone number and verify such number as instructed by us. To verify your mobile device number, the Program Manager will send you a code via text message to the mobile phone number you provide, and you must enter that code as instructed by us. The Mobile App, and software that access the Account, Account services and Card (“Software”) are made available by the Program Manager on an Android or iOS mobile phone and the availability of some mobile services may be limited by your mobile phone operating system. See the Mobile App Terms and Conditions.
B. Personal Identification Number
You will also be required to set a Personal Identification Number (“PIN”) during the Card activation process. You should not write or keep your PIN with your Card. Never share your PIN with anyone. If you believe that anyone has gained unauthorized access to your PIN, you should contact us immediately following the procedures in Section 4(C) (“Your Liability for Unauthorized Transfers”) below.
C. Using the Card
You may use the Card to purchase goods or services everywhere Visa debit or Maestro network cards are accepted.
Each time you use the Card, you authorize us to reduce the value available in the Account by the amount of the transaction and applicable fees.
D. Cash Withdrawals with the Card
With the PIN, you may use your Card to withdraw cash from your Account at any ATM or Point-of-Sale device (if cash-back functionality is made available by the merchant) that bears the Visa or Maestro Network acceptance marks. All ATM transactions are treated as cash withdrawal transactions.
We participate in the Allpoint® ATM network. When you use the Allpoint® ATM network you will not be charged a fee for a cash withdrawal or a balance inquiry whether or not you complete a cash withdrawal. When you use a non-Allpoint® ATM (“out of network ATM”) you may be charged a fee by the ATM operator, and you may also be charged a fee for a balance inquiry even if you do not complete a cash withdrawal. Such fee is a third-party fee assessed by the individual ATM operator only and is not assessed by us. The out of network ATM fee will be charged to your Account.
You may not withdraw funds at a participating financial institution (“Over the Counter” or “OTC” withdrawals).
E. Authorized Card Transactions
You are responsible for all authorized transactions initiated by use of your Card. If you permit another person to have access to your Card, we will treat this as if you have authorized any use of your Card by that person, and you will be liable for all transactions and fees incurred by that person.
F. Transactions Made in Foreign Currencies
If you use the Card to make purchases or obtain cash in a currency other than the U.S. Dollar, the amount deducted from the available balance in your Account will be converted by Visa into an amount in U.S. Dollars. The exchange rate between the transaction currency and the U.S. Dollar used to process such Card transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate that Visa itself receives, or the government-mandated rate in effect for the available central processing date.
You will be charged a fee for any transactions conducted in currencies other than the U.S. Dollar, as set forth in Section 7 (Fees). If such a transaction results in a credit due to a return, we will not refund any fee that may have been charged on your original purchase.
4. ELECTRONIC FUNDS TRANSFER DISCLOSURE AND SPECIAL TERMS AND CONDITIONS
A. Electronic Funds Transfer Services
Types of Electronic Funds Transfers Available:
- You may arrange with another party, such as your employer, a government agency, or other financial institutions to electronically deposit funds on a one-time or recurring basis directly to your Account.
- You may authorize another party, such as a merchant, or biller, using your Account number and bank routing number to electronically withdraw funds on a one-time or recurring basis directly from your Account.
- You may use the Card to make purchases at merchants that accept the Card on a one-time or recurring basis, or to obtain cash at ATMs and, subject to availability, cash back at POS terminals.
- By using a transfer option available on the Mobile App, you may authorize Bank to transfer funds: (a) from your Account to other accounts you own at certain other financial institutions, or (b) transfer funds from other accounts you own at certain other financial funds to your Account.
Limitations on Transfers, Amounts and Frequency of Transactions:
- At Bank’s or Program Manager’s discretion, the number and amount of transfers per day or month may be limited. See Section 2(C) above for frequency and dollar amount limitations on transfers to and from your Account.
Right to Receive Documentation of Electronic Funds Transfers:
- Periodic Statements: You will have access to electronic monthly statements, which can be viewed on the Mobile App.
- Direct Deposits: If you have arranged to have direct deposits made to your Account, you can view the transaction on the Mobile App to find out whether the deposit has been made. You may also call Customer Service to verify that the direct deposit has been received.
- Receipts: You can get a receipt at the time you make any Card transaction at a merchant or ATM. However, for certain small dollar transactions at merchant locations, you may not receive a receipt.
B. Preauthorized Transfers (Recurring Payment)
Right to Stop Payment of Preauthorized Transfers and Procedure for Doing So
If you have told us in advance to make regular payments out of the Account (“recurring payments”), you can stop any of these payments. Here’s how: email the Program Manager at [email protected], call the Program Manager at (833) 882-2628 or write to the Program Manager, at Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402, in time for us to receive your request 3 business days or more before the payment is scheduled to be made.
We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your Account to cover the recurring transaction.
To stop a recurring payment to a merchant that you authorized to debit the Account on a regular basis, it is best to contact the merchant directly to request cancellation of the recurring payment.
If the merchant with whom you arranged recurring payments from the Account is unable or unwilling to stop the transfer, you can stop the payment by notifying the Program Manager using your Mobile App, by writing the Program Manager, Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402 or by calling the Customer Service telephone number which is (833) 882-2628, in time for us to receive your request 3 business days or more before the recurring payment is scheduled to be made. Such a stop payment request will also cancel all future payments for the recurring transaction to which the stop payment request relates, unless you authorize the recurring transaction again with the merchant.
Notice of Varying Amounts
If recurring payments may vary in amount, the person you are going to pay is required to tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits you set.
Liability for failure to stop payment of preauthorized transfer
If you order us to stop one of these recurring payments 3 business days or more before the recurring payment is scheduled, and we do not do so, we will be liable for your losses or damages.
C. Your Liability for Unauthorized Transfers
If you believe your Card, PIN or Account number has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission email the Program Manager at [email protected], call the Program Manager at (833) 882-2628 or write to the Program Manager, at Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402 IMMEDIATELY. Contacting us by the methods described here is the best way to keep your possible losses down. You could lose all the money in your account.
If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if you someone used your Card or PIN without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transactions that you did not make, including those made by your Card, PIN, account number or other means, tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get any money you lost after the 60 days if we can prove we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods.
If your Card, PIN or Account number has been lost or stolen, we may close your Card number, deactivate your PIN or Account number, and issue you a new Card number, PIN or Account number (as applicable).
If we change your Account number or Card number, you must immediately notify your employer or merchants of your new Card number or Account number to ensure your direct deposit, ACH Debit and recurring Card transactions continue uninterrupted.
Your Liability for Unauthorized MyBambu Visa® Debit Card Transfers
Under Visa’s Zero Liability Policy, your liability for unauthorized transactions using your Card is $0.00 if you are not negligent or fraudulent in the handling of the Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). The reduced liability policy also does not apply if you wait more than 60 days to report an unauthorized transaction after the statement showing the unauthorized transaction is made available to you.
D. Bank’s or Program Manager’s Liability for Failure to Complete Transactions
If a transaction is not properly completed from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
- If a merchant refuses to accept the Card or Account number;
- If an ATM where you are making a cash withdrawal does not have enough cash;
- If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
- If access to your Card has been blocked after you reported your Card or Access Code(s) (“Access Code” includes your user ID(s), password(s), PIN(s), and any other access code or credential related to your Account) is lost or stolen
- If there is a hold on your funds, or your funds are subject to Legal Process, administrative process, or other encumbrance restricting their use;
- If we have reason to believe the requested transaction is unauthorized;
- If circumstances beyond our control (such as fire, flood, or computer communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
- Any other exception stated in our Agreement with you.
E. Information About Your Right to Dispute Errors to [email protected] as well.
In case of errors or questions about your electronic transactions, send an email to the Program Manager at [email protected], call the Program Manager at (833) 882-2628 or write to the Program Manager, at Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402 as soon as you can, if you think your statement or receipt is wrong, or if you need more information about a transaction listed on the statement or receipt.
We must hear from you no later than 60 days after the FIRST statement was made available to you on which the problem or error appeared. You need to tell us:
- Your name, Account number and email address associated with your Account (if any);
- A description of the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
- The dollar amount of the suspected error.
If you provide this information verbally, 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes to complete our investigation. If we ask you to put to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account.
For errors involving new Accounts, point-of-sale transactions or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.
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. You may ask for copies of the documents that we used in our investigation by contacting Customer Service.
F. Services not Covered by this Part
Electronic Fund Transfer Services described in this Section 4 do not include wire transfers, and any other transactions that are not covered by the Electronic Fund Transfer Act and its accompanying Regulation E.
5. GENERAL FUNDS AVAILABILITY POLICY
Information contained in this Section 5 is provided to assist you in understanding our Funds Availability Policy. We make funds available according to the type of deposit and when the funds are applied or credited to the Account. The funds availability policy for deposits not discussed in this section may be covered under a separate agreement. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to the Account, you may not withdraw those funds, and we will not use them to pay any debits, such as ACH transfers, payments or transactions using a Card during the hold period. We have the right to refuse any deposit.
If final payment is not received on any item deposited into the Account, or if any direct deposit, or ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item.
If funds are received through the Automated Clearing House (ACH), then any credit given by us for such funds will be provisional until the Bank receives final settlement through a Federal Reserve Bank or has otherwise received payment as provided under Section 4A-403(a) of New York’s Uniform Commercial Code. Notice to you of such ACH credits will be provided through the Mobile App, or on your periodic statement. If the Bank does not receive final settlement or payment of an ACH credit, then we are entitled to recover from you the amount of the provisional credit and the person or entity making that ACH payment will not be considered to have paid that amount to you.
AVAILABILITY
The length of delay in the availability of funds varies depending on the type of deposit.
BUSINESS DAYS
The length of the delay in the availability of funds is counted in business days from the day your deposit is applied to your Account. For purposes of these disclosures, our business days are Monday through Friday. Federal holidays are not included. Deposits received by 11:59 PM ET will be considered current-day deposits. Any deposits received after that time will be processed the following business day.
A. Electronic ACH Same Day Availability
Funds received from preauthorized electronic payments such as payroll direct deposits, or other preauthorized electronic payments, will be available on the day the deposit is applied to your Account.
ACH Credits received from an external bank account will be applied to the Account when Bank or Program Manager has verified the external account and received payment on collected funds. Once the funds are applied to the Account, they will have same-day availability.
B. Electronic ACH Longer Availability
Electronic transfers deposited into the Account initiated externally may take up to five (5) business days from the date of the initial request but will post on the payment date of the deposit once the money has reached the Bank and/or Program Manager.
6. TRUTH IN SAVINGS DISCLOSURE
This is not an interest-bearing account. No interest will be paid on this account. There is no initial deposit required to open an Account. There is no minimum balance required to avoid a fee, if a fee is applicable.
7. FEE SCHEDULE
You agree to pay the Account fees set forth in the “Fee Schedule” below. All the fees will be withdrawn from your Account and will be assessed as long as there is a remaining balance on your Account. If at any time your remaining Account balance is less than the fees being assessed, the balance of your Account will be applied to the fees resulting in a zero balance on your Account. The remainder of the fees due will be collected upon the next deposit into your Account.
| Fee Type | Fee Amount | Details |
| Get started Account opening including a Digital Card | $0.00 | No fee |
| Physical card purchase | $0.00 | No fee |
| Monthly usage Monthly fee: Account and Digital Card | $0.00 | No fee |
| Monthly fee: Physical Card | $0.00 | No fee |
| Add money Direct deposit | $0.00 | This is our fee. Third party fees may apply. |
| Cash reload at authorized retailer | Up to $3.95 | This is not our fee. Fees up to $3.95 may be collected by InComm and participating retailers may apply when reloading cash to your Account at InComm participating retail reload locations. This fee is subject to change. Any fee charged by the participating retailer and not paid using your Card will not be reflected in your Account transaction history. Participating retailers and their locations may be found on the Mobile App. Our fee is $0.00. Locations of authorized retailers can be found here: https://mybambu.com/en/products/cashloads/ |
| Bank transfer to Account by an ACH deposit | $0.00 | No fee |
| Debit card transfer to Account | $0.00 | No fee |
| Per Card POS purchase with PIN | $0.00 | No fee |
| Per Card POS purchase with signature | $0.00 | No fee |
| ATM Deposit (Allpoint® In-Network) | Up to $4.50 | This is not our fee. Fees up to $4.50 may be collected by Allpoint® when depositing cash to your Account at participating Allpoint® ATMs. Any fee charged by the participating retailer and not paid using your Card will not be reflected in your Account transaction history. Participating Allpoint® locations may be found on the Mobile App. Our fee is $0.00. |
| Spend money | ||
| Bill Payment Transaction (Domestic) using a check | $2.50 | This is our fee |
| ATM withdrawal or declines using your Physical Card (in-network)* | $0.00 | This is our fee for in-network transactions. Out of our network an ATM operator fee may apply. “In-network” refers to the Allpoint® ATMs. Locations can be found in the Mobile App. |
| ATM withdrawal or declines using your Physical Card (out-of-network)* | $2.50 | This is our out-of-network fee. “Out-of-Network” refers to any ATM outside the Allpoint® ATM network. This fee may be higher or subject to change. ATM vendors may impose their own fees. |
| Cash back at point of sale using your Physical Card | $0.00 | No fee |
| Insufficient funds fee | $0.00 | No fee |
| Returned item fee | $0.00 | No fee |
| Stop payment | $0.00 | No fee |
| Information | ||
| Customer service (live agent or automated) | $0.00 | No fee |
| ATM balance inquiry (in-network)* | $0.00 | This is our fee in network. “In-network” refers to the Allpoint® ATMs. Locations can be found in the Mobile App. |
| ATM balance inquiry (out-of-network)* | $2.00 | This is our fee out-of-network. Out of network ATM operator fee may apply. |
| Mobile App account balance and transaction history inquiry | $0.00 | There is no fee for accessing Account information on the Mobile App. |
| Text alerts | $0.00 | You may be charged a fee by the carrier. |
| Using your Account outside the U.S. | ||
| International Card transaction | 1% | The fee is calculated on the U.S. dollar value of each transaction. This is the Visa fee. |
| International ATM withdrawal or declines using your Physical Card* | $2.50 | This is our fee. You may also be charged a fee by the ATM operator, even if you do not complete a transaction. |
| International ATM balance inquiry using your Physical Card* | $2.00 | This is our fee. You may also be charged a fee by the ATM operator. |
| Other | ||
| Person to person transfers between Mobile App users | $0.00 | No fee |
| Inactivity | $3.00 | You will be charged this fee each month beginning in the 13th month after you have not completed an Account deposit or withdrawal transaction or used your Card for 12 months and will be charged until there is activity in your Account or on your Card. |
| Cancelling the Card or closing the Account by you or us | $0.00 | No fee |
| Physical Card replacement | $0.00 (initial card) | No initial fee. A card replacement fee of $15 will be applied after your third replacement card. |
| Expedited replacement Card if we permit | $0.00 | No fee |
| Paper Account cancellation or close Account check to you for your Account balance | $2.50 | This fee is for a check we write to you if you decide to cancel your Account, you have an Account balance and you request that we send you a paper check. The check delivery may take up to 30 Business Days. This is also the fee for a paper Account cancellation check if we or you decide to close your Account. |
| ACH Originated Return fee | $0.00 | No fee |
| ACH Return fee | $0.00 | No fee |
*When you use an ATM out of our network you may be charged a fee by the ATM operator, and you may also be charged a fee for a balance inquiry even if you do not complete a cash withdrawal. Such fee is a third-party fee assessed by the individual ATM operator only and is not assessed by us. The ATM fee will be charged to your Account. We participate in the Allpoint® ATM network.
8. OTHER AGREEMENT TERMS
A. No Warranty of Availability or Uninterrupted Use
From time to time, services related to the Account may be inoperative. When this happens, you may be unable to access the Mobile App, and you may be unable to use the Account or obtain information about the Account. Please notify us by sending an email to the Program Manager at [email protected], calling the Program Manager at (833) 882-2628 or writing to the Program Manager, at Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402 if you have any problems using the Account, Website or Mobile App. You agree that, except as required by applicable law, that Bank or Program Manager will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall Bank or Program Manager be liable for extended interruptions due to failures beyond Bank’s or Program Manager’s control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, pandemics, labor disputes and armed conflicts.
B. Limitation of Liability
Except as required by applicable law, Bank and Program Manager shall have no liability to you if Bank or Program Manager is unable to complete a transaction for any reason beyond Bank’s or Program Manager’s control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, Program Manager, Bank, Bank’s affiliates, and the parties with whom Bank or Program Manager contracts in order to offer your Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the your Account, any products or services purchased using Account, or this Agreement (as well as any related or prior agreement you may have had with Bank or Program Manager).
C. English Language Controls
Any translation of this Agreement is provided for your convenience. The meaning of the 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.
D. Account Services
For Account service assistance or additional information regarding your Account, please send an email to the Program Manager at [email protected], call the Program Manager at (833) 882-2628 or write to the Program Manager, at Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33402.
E. Telephone Monitoring/Recording
From time to time, we may monitor and/or record telephone calls between you and us to assure the quality of our service team or as required by applicable law.
F. Amendment and Cancellation
Except as otherwise required by applicable law, Bank may amend or change the terms and conditions of this Agreement including your rights and obligations under this Agreement at any time by posting the amended Agreement at the Website, and any such amendment shall be effective upon such posting to the Website. The Agreement is also available on the Website. You will be notified of any amendment(s) in the manner provided by applicable law prior to the effective date of the amendment(s). However, if the amendment(s) is made for security purposes or your benefit, Bank may implement it without prior notice. When we change this Agreement, the then-current version of the Agreement governs your Account and supersedes all prior versions. Bank may cancel or suspend your Account or this Agreement at any time. You may cancel this Agreement by contacting Customer Service to close your Account. Your cancellation of this Agreement will not affect any of Bank’s rights or your obligations arising under this Agreement prior to cancellation.
IMPORTANT: IF YOU TERMINATE YOUR RELATIONSHIP WITH BANK OR WITHDRAW YOUR CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS ABOUT YOUR ACCOUNT, THE ACCOUNT WILL AUTOMATICALLY BE CLOSED. UPON CLOSURE, ANY REMAINING FUNDS IN THE ACCOUNT WILL BE RETURNED PER SECTION 2(M).
G. Confidentiality
Bank may disclose information to Program Manager and other third parties about your Account or the transactions you make:
- Where it is necessary for completing transactions.
- In order to verify the existence and condition of your Account for a third party (such as a merchant).
- In order to comply with government agency, court order, or other legal or administrative reporting requirements.
- If you give us your written permission.
- To Bank’s employees, auditors, affiliates, service providers, or attorneys as needed.
- Otherwise as necessary to fulfill Bank’s obligations under this Agreement or as detailed in Bank’s Privacy Policy.
H. No Warranty Regarding Goods or Services as Applicable; Merchant Credits
Bank and Program Manager are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase using your Account. If you are entitled to a refund for any reason for goods or services purchased with your Account, the return and refund will be handled by the merchant. If a merchant posts credits to your Account, the credit may not be immediately available since we have no control over when a merchant may send the credit transaction to us.
I. Survival
All provisions of this Agreement shall survive the termination of this Agreement or closure of your Account by either party for actions arising in connection with this Agreement or your Account(s).
J. Governing Law
YOU AGREE THAT, EXCEPT TO THE EXTENT INCONSISTENT WITH OR PREEMPTED BY FEDERAL LAW AND EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THIS AGREEMENT AND ANY CLAIM OR DISPUTE THAT HAS ARISEN OR MAY ARISE BETWEEN YOU AND BANK (OR PROGRAM MANAGER), REGARDLESS OF YOUR LOCATION.
9. ARBITRATION
THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING ARBITRATION (“ARBITRATION PROVISION”).
Except for disputes that qualify for small claims court, all Claims (defined below) arising out of or related to this Agreement as well as any related or prior agreement that you may have had with us or any aspect of the relationship between you and Bank (or Program Manager), or any of their agents, contractors or retailers, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Bank and Program Manager and you are each waiving the right to trial by a jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement.
“Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims, claims based upon contract, tort, fraud and other intentional torts, consumer rights, statutes, regulations, ordinances, common law and equity, and claims which arose before the date of this Agreement. 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 Account; (ii) the amount of available funds on the Account; (iii) advertisements, promotions or oral or written statements related to the Card or Account, or goods or services purchased with the Card or the Account; (iv) the benefits and services related to the Card or the Account; (v) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; (vi) collection of any debt and the manner of collection; and (vii) your enrollment for your Account or Card.
We shall not elect to use arbitration under the Arbitration Provision for any individual 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 that court; any Claim that is appealed, transferred or removed from that court shall be subject to arbitration. Also, “Claim” does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof; all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this Agreement as a whole; any such Claim is for the arbitrator, not a court, to decide. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis).
The Consumer Arbitration Rules are available online at: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by Bank or Program Manager that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against Bank or Program Manager for you.
If any portion of this Arbitration Provision is deemed invalid or unenforceable, such a finding shall not invalidate any remaining portion of this Arbitration Provision, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Arbitration Provision or this Agreement to the contrary, the Class Action Waiver is not severable from the remainder of this Arbitration Provision and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not be subject to this Arbitration Provision.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION PROVISION, DO NOT USE THE ACCOUNT, NOTIFY US BY SENDING AN EMAIL TO THE PROGRAM MANAGER AT [email protected], CALLING THE PROGRAM MANAGER AT (833) 882-2628 OR WRITING TO THE PROGRAM MANAGER, AT BAMBU SYSTEMS, LLC, AT P.O. BOX 171 WEST PALM BEACH, FL 33402 TO CLOSE THE ACCOUNT.
