MyBambu Terms of Use
Last Modified: February 26, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS POSTED TO THE SERVICE FROM TIME-TO-TIME. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFIED VERSION, STOP USING THE SERVICE IMMEDIATELY.
BY USING OR ACCESSING THE SERVICE, YOU AFFIRM YOU ARE AT LEAST 18 YEARS OF AGE.
IF YOU ARE A MYBAMBU APP USER LOCATED IN THE UNITED STATES, THESE TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 19. IT AFFECTS HOW DISPUTES ARE RESOLVED. Bambu Systems, LLC provides a mobile application that gives users access to the Sponsor Bank demand deposit account and the linked Bambu Visa® Debit Card and permits customers of our Sponsor Bank to perform a number of banking functions and access to Bank Products through the use of a mobile device (e.g., smartphone or tablet).
SECTION 1. DEFINITIONS
“Account” means the Sponsor Bank demand deposit account and the linked Card.
“Agreement” means these Terms of Use.
“App” or “MyBambu® App” means the MyBambu mobile app (together with any Products, features, and tools available therein, and successor app(s) thereto).
“Bambu,” “MyBambu®”, “we,” “us” or “our” means Bambu Systems, LLC and its affiliates, agents and assigns worldwide and its registered mark, MyBambu®.
“Bank Products” means the Account including the Card, .
“Card” means the MyBambu Visa® Debit Card.
“Location” means information that may be collected by certain mobile applications that identifies your physical location.
“Personal Information” has the meaning set forth in the Privacy Policy.
“Privacy Policy” means our privacy policy www.mybambu.com/en/privacypolicy which is incorporated by reference.
“Products” means the Bank Products, bill payment, top-up, and any other products or services provided through the Service by MyBambu or a Third Party Provider using the App, Account, or Card, including any application or information relating to such products or services.
“Service” or “Services” means the App, the Products including those accessible by the App, the Account, or the Card.
“Site” means the MyBambu site currently located at https://mybambu.com (together with any Products described therein, and any related or successor website(s) thereto, including blogs, forums, features, tools or other discussion or informational websites).
“Sponsor Bank” means Community Federal Savings Bank.
“Terms” or “Terms of Use” means these terms or terms of use or this Agreement including any additional terms and conditions made available by us through the Service, or otherwise made available to you by us.
“Third Party Provider” means a person not affiliated with us who provides a Product using the App, Account, or Card.
“You” or “your” means any user of the Service.
When the word “including” or “includes” are used in these Terms of Use they mean “including but not limited to” or “includes but is not limited to.”
SECTION 2. GENERAL
a. By downloading the App and/or using or accessing the Services through the App, you are agreeing to these Terms of Use and the Privacy Policy. The Privacy Policy explains how we collect, use, disclose and protect your Personal Information. You agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with the Privacy Policy and these Terms of Use. These Terms of Use apply to any use by you of the Service. If you sign-up for a Service, you may be required to acknowledge and agree to be bound by additional terms and policies for that Service.
b. You agree to provide accurate, current, and complete information when you register as a user of the Service and when yousign up for a Product.You further agree to promptly update your Personal Information when it changes.
SECTION 3. CHANGES; CONFLICTS
We may, at any time and from time to time in our sole discretion, change or discontinue all or any portion of the Service, the availability of any Products or the Terms of Use. When we make a change to these Terms of Use, we will provide you with notice of the changes by sending an email to the email address we have on file and by posting revised Terms of Use through the Service. We will provide notice of such changes as required by applicable law. It is therefore very important that you make sure we have a current email address for you on file so that you will receive notice of any material changes. In addition, if you want to continue to use the Services, you may be required to affirmatively accept the revised Terms of Use the first time you use the Services or log in to your user account after the revised Terms of Use take effect. By accepting the revised Terms of Use or continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Terms of Use. If any changes to the Terms of Use are not acceptable to you, you must terminate your user account and stop using the Services. You can review the most current version of the Terms of Use at any time by visiting the link at www.mybambu.com. Any such modifications will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes, or otherwise notified you of such modifications. To the extent that there is a conflict between these Terms of Use and the terms of any Service, the terms of the Service will govern.
SECTION 4. ELIGIBILITY
You must be an individual of at least 18 years of age and reside in the United States in order to use the Service. The Service is controlled and operated from the United States and is not intended to subject us to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
SECTION 5. SERVICES
(a) Registration. You must register for the Services by first downloading the App, creating a MyBambu mobile application, and providing us your complete and accurate contact information and your current mobile phone number. You must agree to keep all Account information current and accurate at all times. If you change your mobile number, you must update your mobile phone number by using our in-app “change number” feature, which can be accessed in the Mobile App. You expressly agree to receive text messages and phone calls (from us or our third-party providers) providing verification codes to complete your registration for the Services.
(b) Representations. By creating an Account, you represent and warrant that:
i. You are at least 18 years old, and have the legal capacity to form a binding contract with MyBambu;
ii. Your use and access of the Services will not violate any applicable laws or regulations;
iii. You agree to keep all Account information current and accurate at all times;
iv. You will safeguard and keep your password confidential; and
v. You will immediately notify us if you believe your password has been stolen or if there has been any unauthorized use of or access to your Account.
(c) Devices and Software/Consent to Automatic Updates. You are responsible for obtaining the Devices, software, and data connections that are required to use the Services, and that are not provided as part of the Services. For as long as you use the Services, you consent to downloading and installing updates to the Services, including automatically downloading and installing applicable updates. You further acknowledge that the availability of the Services is dependent on your Internet Service Provider (“ISP”), your mobile carrier, and your Device. You are responsible for ensuring you comply with your ISP’s and mobile carrier’s applicable terms and agreements, including any data and usage terms.
(d) Fees and Taxes. You are responsible for your carrier data plan and other fees and taxes associated with your use of the Services. We do not charge a fee for the App. However, in connection with your use of any optional Products, we will disclose the applicable fees, and you will not be charged for the Services unless you agree to the applicable fees and additional terms.
(e) Cessation of Services. You acknowledge that MyBambu may at any time, at its discretion modify, desist from, withdraw or cease rendering part or all of the Services to you with notice as required by applicable law.
SECTION 6. OPTIONAL PRODUCT: MOBILE PHONE TOP-UP SERVICE
(a) General. You can add (top-up) minutes and data to your or someone else’s U.S. or international mobile phone account (“Top-up”) at participating wireless carriers (“Carrier”) that can be found on the App. You are responsible for satisfying any of the obligations and the terms and conditions in your or someone else’s (each, a “Beneficiary”) Carrier mobile phone account contract (the “Carrier Contract”), including without limitation, any Carrier fees and taxes charged on a Top-up, the expiration of the Top-up and the quality and quantity of airtime, data and other services to which the Top-up relates. You should contact us or the Carrier directly with questions or problems regarding the Top-up. You authorize and give your consent to us to store all data as necessary to provide or support the Top-up service. Please verify the Beneficiary mobile phone number is correct prior to submitting your Top-up transaction because we are not responsible for discovering inaccuracies. If account information is incorrect, the Top-up may be applied to the wrong mobile phone account.
(b) Error Resolution. What to do if you think there has been an error or problem with your Top-up:
If you think there has been an error or problem with your Top-up:
- Email us at [email protected]
- Call us at (833) 882-2628; or,
- Write to Bambu Systems, LLC, at P.O. Box 171 West Palm Beach, FL 33401
When you do, please tell us:
(1) Your telephone number;
(2) The error or problem with the Top-up, and why you believe it is an error or problem;
(3) The Beneficiary’s name, telephone number, and if known address;
(4) The dollar amount of the Top-up; and
(5) The confirmation code for the transaction.
We will determine whether an error occurred within 90 days after you contact us and we will correct any error within one business day. We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will email you a written explanation. You may ask for copies of any documents we used in our investigation.
(c) Using the Top-Up Service.
(i) General. By using Top-up service, you represent, warrant, consent to and acknowledge, as applicable the following:
(1) You or your Beneficiary, if you are not the Beneficiary, has consented to our accessing the Beneficiary’s account information and permitted us to collect and verify information about the Beneficiary.
(2) We may share the information about you to third parties we use or rely on to provide the Top-up service.
(3) You know the Beneficiary.
(4) The Top-up may not be available in whole or in part in different countries and jurisdictions as determined by local laws and regulations or if we reasonably determine that providing the Top-up in a particular country or jurisdiction is prohibited or presents an unacceptable level of risk to us, our customers, or our systems.
(5) We may, at any time and in our sole discretion, refuse any Top-up service. This may include these services for certain Beneficiaries or to certain Carriers, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, United Nations Security Council Sanctions List, and such other lists as may be issued from time to time by government agencies. We may also, at any time and in our sole discretion, limit the amount to be transferred on a per Top-up basis or an aggregated basis without prior notice. Any such limits may be imposed on individual accounts or on related accounts or households. We may reject or limit the Top-up service based on violations of these Terms of Use, local laws, and regulations or if we reasonably determine processing a Top-up presents an unacceptable level of risk to us, our customers, or our systems.
(ii) Restrictions.
(1) General. We reserve the right at any time, and from time to time, to modify or discontinue any Top-up service (or any part thereof) with or without notice (except where required by law).
(2) Delays or Cancellations. Your Top-up service may be delayed or cancelled at any time prior to completion without prior notice. We may delay or cancel your Top-up service for reasons that include, but are not limited to, failure to verify identity of the Beneficiary; validation of your Top-up service instructions; fraud and anti-money laundering compliance review; contacting and locating you, your Beneficiary and to comply with applicable law, rules, or regulations. Business hours, systems availability and currency availability of applicable Carriers may also cause delays. Nevertheless, you may be entitled to a refund if we are unable to perform the Top-up for which you previously paid us to complete.
(3) Commercial Transactions. You agree that you will only use the Top-up service for your or your Beneficiary’s personal, family or household purposes. If we reasonably suspect or discover you are using the Top-up service for a Beneficiary which is a business or entity, we may, in our sole discretion, cancel your access to the Top-up service. You agree that we are not liable for your use of the Top-up service for commercial purposes.
(4) Prohibited Transactions. You may not use the Top-up service in violation of these Terms of Use or applicable law, rules, or regulations.
(iii) You may access the Top-up Product directly from the App and fund the Product with your Account. See the transaction types and dollar limits below.
| Transaction Type | Frequency and/or Dollar Limits |
Cell-phone Top-up for prepaid U.S. or international phones to participating mobile phone companies
| Maximum $200 per Top-up; $400 per day; $4,000 per month |
SECTION 7. OPTIONAL PRODUCT: GIFT CARD VOUCHERS
You may use the App to pay for gift card vouchers with your Account. There is no separate fee for the gift card vouchers. The gift vouchers available for purchase will be listed on the App. Each gift card voucher will be subject to the gift card issuer’s applicable terms and conditions. Gift card vouchers will be fulfilled electronically through e-mail.
SECTION 8. COMMUNICATIONS FROM MYBAMBU
In accordance with the Privacy Policy, we may use the information that you have provided to us to communicate with you, including by sending you messages concerning your Account or transactions, and marketing communications. You may receive emails to the email address or SMS and text messages to the mobile number you provide to us.
(a) SMS, Text Messaging and In App Notifications. By downloading and/or using the App, you expressly agree to receive SMS, text messages, and in App notifications including the receipt of verification codes, and phone calls (from us or our third-party providers) in order to complete your registration of the App, to request or access the Services, or for our marketing communications. You hereby certify that you are the account holder for any mobile phone number(s) you may supply to MyBambu. Message and data rates under your own plan with your phone carrier may apply for any text messages. If your mobile phone is off, out of range or subject to a variety of other conditions, you may not receive the message or messages may be delayed. Wireless carriers are not liable for delayed or undelivered messages. You may opt out of any SMS, text or in App marketing messages that MyBambu sends to you by following the instructions provided in the applicable SMS, text or in App marketing communications you receive, or contacting us at [email protected]. Transactional SMS, text or in App communications about your account or the Service are not considered “marketing” communications and you understand and agree that we will continue to send you SMS and text messages concerning the Services even if you have opted out of receiving SMS, text and in App marketing communications. If your mobile phone is off, out of range or subject to a variety of other conditions, you may not receive the message or messages may be delayed. Neither we nor wireless carriers are liable for delayed or undelivered messages.
(b) Email Communications. You may opt out of any email marketing communications that MyBambu sends to you by following the instructions provided in the applicable email marketing communications you receive, or contacting us at [email protected]. Transactional e-mail communications about your Account or the Service are not considered “marketing” communications and you understand and agree that we will continue to send you email communications concerning your account or transactions even if you have opted out of receiving email marketing communications.
(c) Management of Communications Preferences. You acknowledge and agree that you may need to separately manage your communication preferences for each communication method. While we use reasonable efforts to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each type of communication.
SECTION 9. USE OF SERVICES AND PROHIBITED CONDUCT
(a) Compliance Obligations and Acceptable Use. You must use the Services according to the Terms of Use. You agree to access and use the Services only for legal, authorized, and acceptable purposes. Your use of the Services must comply with all applicable laws, rules, and regulations.
(b) Prohibited Conduct. You must not cause harm to, or otherwise interfere with, the Services. You agree that you will not use (or assist others in using) the Services to or in ways that:
i. violate, misappropriate, or infringe our rights, or the rights of our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
ii. would be obscene, defamatory, threatening, abusing, stalking, defaming, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
iii. violate applicable laws, rules or regulations;
iv. engage in any non-personal use of the Services;
v. access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit the Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, the Services, systems, our users, or others, including that you must not directly or through automated means;
vi. reverse engineer, alter, modify, create derivative works from, decompile, disassemble, or extract code from the Services;
vii. send, store, or transmit viruses or other harmful computer code through or upload onto the Services;
viii. gain or attempt to gain unauthorized access to the Services or systems;
ix. interfere with or disrupt the integrity or performance of the Services, or interfere with or disrupt the access of any user, host or network through any means, including by overloading, flooding or spamming;
x. create user accounts for the Services through unauthorized or automated means;
xi. misuse passwords, or gain unauthorized access another user’s account;
xii. collect the information of or about our users in any impermissible or unauthorized manner;
xiii. sell, resell, rent, or charge for the Services;
xiv. distribute or make the Services available over a network where they could be used by multiple devices at the same time; or
xv. use “crawlers,” “spiders” or other technology to index or “scrape” any page, data, or portion of or relating to the Services.
(c) Keeping Your Account Secure. You are responsible for keeping your Device, your online access through the App and your Account safe and secure, and maintaining the confidentiality of your username, password, and user account. You will be liable for any Products and Services used by anyone to whom you provide your username and password or other access to your Account through the App in accordance with applicable laws. You must notify us promptly of any actual or suspected unauthorized use or security breach of your Account or the Services.
(d) Your Proprietary Rights. By uploading information to the Service or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) MyBambu a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, and translate your information to enable us to operate the Services.
SECTION 10. THIRD PARTY LINKS AND SERVICES
Our Services may contain links to or allow you to access, use, or interact with third party websites, apps, content, and other products and services (“Third Party Services”). Please note that when you use Third Party Services, their own terms and privacy policies will govern your use of those services. These Terms of Use and our Privacy Policy do not apply to your access or use of Third Party Services. Nor does a link to any Third Party Service imply an endorsement by MyBambu of, or an assumption of any liability by MyBambu for Third Party Services. MyBambu has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Services. You acknowledge and agree that MyBambu shall not be responsible or liable, directly or indirectly, and you assume the risk for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any applicable Third Party Services, including in the case of insurance products, coverage, claims, or other terms of insurance. Additionally, your dealings with providers or advertisers of Third Party Services or participation in their promotions found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such persons.
SECTION 11. THIRD PARTY APP STORES
(a) General. You acknowledge and agree that the availability of the Services may be dependent on third party websites or mobile applications from which you download the Services, e.g., the Apple App Store or Google Play Store (each a “Third Party App Store”). You acknowledge that these Terms of Use is between you and MyBambu and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the Services from it. You agree to comply with, and your license to use the Services is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, these Terms of Use, the more restrictive or conflicting terms and conditions in these Terms of Use will apply.
(b) Apple App Store Terms. If you are using an iOS version of the App, the following additional provisions apply with respect to your use of the App on an iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms of Use and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us using the contact information above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Apple in its App Store terms of use. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use and, upon your acceptance of the terms and conditions of these Terms of Use, will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these terms is not subject to the consent of any third party.
SECTION 12. INTELLECTUAL PROPERTY RIGHTS
We own or have licensed all copyrights, trademarks, domains, logos, trade dress and other intellectual property rights associated with the Services. The works of authorship contained in the App, Site, and Services including all design, text, logos, marks, and images (“Content”) are owned by MyBambu, except as otherwise expressly stated on the App, Site, and/or Services. Except as otherwise expressly stated herein, the App, Site, and Services may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent. You may not use any MyBambu copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights. In addition, any software that may be made available by or on behalf of MyBambu in connection with the Services, contains proprietary and confidential information that is protected by intellectual property laws and other laws. The Services are licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services.
SECTION 13. AUTHORIZATION TO OBTAIN YOUR CREDIT SCORE
You consent to and authorize us and our service providers, which may include CSIdentity Corporation (“CSID”), an affiliate of Experian, to obtain credit reports and other information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. You acknowledge that your authorization constitutes “written instructions” in accordance with the federal Fair Credit Reporting Act, as amended (“FCRA”). For information about how we protect your privacy, see our Privacy Policy. Unless you cancel this authorization, you authorize us to obtain updated information from your personal credit profile from time to time.
In each case you expressly authorize us to use your Social Security Number, Individual Taxpayer Identification Number, MyBambu Account information, other of your Personal Information and such consumer report about you, and information derived therefrom per these Terms of Use and the Privacy Policy:
(i) to access your personal credit profile to verify your identity;
(ii) to provide credit monitoring, reporting, and scoring products;
(iii) for verifying information you provide to us or a Third Party lender, and for collecting any amount you owe us or a Third Party lender or any of our respective successors or assigns;
(ii) for marketing, including pre-qualifications and other forms of marketing, for loans that may be offered or provided by us or a Third Party lender and any other Service we may offer you or you obtain from us or any Third Party lender through the Services;
(iv) for our internal use, including statistical analyses and to develop, improve, analyze, study, maintain, recommend, and offer Products and Services we or any Third Party lender offers or may offer through the Services; and
(v) for providing you with information or Services, including information about your credit profile and to deliver Services upon your request (including financial management tools and credit profile tools).
SECTION 14. MANAGEMENT OF THE SERVICES
(a) Our Right to Manage the Services. We reserve the right, but do not undertake the obligation to: (i) monitor or review the Services for violations of these Terms of Use and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; (iii) refuse, restrict access to or the availability of, or modify, remove, delete, edit or disable any or all features or functionality of the Services at any time with or without notice; (iv) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service; (v) screen our users, or attempt to verify the statements of our users and/or (vi) terminate or suspend your use of the Services for violating these Terms of Use or otherwise as we may determine is necessary. If we terminate or suspend your access to the Services through the App for a violation of these Terms of Use, you will not be allowed to create another account without our permission.
(b) Our Right to Terminate Users. Without limiting any other provision of these Terms of Use or any remedy we may have under law or in equity, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Services to any person and to any Account for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Use or of any applicable law. You agree that we are not liable to you or any third party for any modification, suspension, or discontinuance of the services, in whole or in part.
SECTION 15. SECURITY
MyBambu has certain technical, administrative, and physical security measures in place to protect your Personal Information. If you believe that the security of your access to the Services through the App or Site has been compromised, please contact us immediately at [email protected].
SECTION 16. DISCLAIMERS
(a) USE OF APP. WE MAY DISCONTINUE OR MAKE CHANGES IN THE PRODUCTS OR SERVICES DESCRIBED ON THE SITE OR APP AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. INFORMATION ON THE SITE AND APP IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. NOR DO WE IN ANY WAY GUARANTEE THE QUALITY, ACCURACY, DATA CONTENT, ARTISTIC WORTH OR LEGALITY OF INFORMATION, CONTENT, OR MATERIAL THAT ARE TRANSFERRED, MADE AVAILABLE OR OBTAINED BY WAY OF THE APP, SITE OR THE SERVICES. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL APP, SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THE APP, SITE, PRODUCTS OR SERVICES, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THE APP, SITE OR SUCH PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE APP, SITE AND SUCH PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
(b) Potential Disruption of Services. Access to the Site and/or Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including failures of computers (including your own Devices or computers), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- Software failure, including bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- Overload of system capacities; and
- Any other cause (whether similar or dissimilar to any of the foregoing) that is beyond our control.
(c) Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. EXCEPT AS OTHERWISE PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS, WITH REGARD TO THE SERVICES DESCRIBED OR PROVIDED. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, SAFE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME OR ALL OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU DEPENDING ON THE JURISDICTION IN WHICH YOU RESIDE.
SECTION 17. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, VENDORS, SERVICE PROVIDERS, AFFILIATES OR AGENTS (“REPRESENTATIVES”) OR SPONSOR BANK BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, SAVINGS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Each of MyBambu’s, its Representatives’, and the Sponsor Bank’s TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT this Section 17, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID FOR THE PRODUCT TRANSACTION IN QUESTION OR ONE HUNDRED DOLLARS ($100.00).
MYBAMBU DISCLAIMS ALL LIABILITY OF ANY KIND OF ITS LICENSORS AND SUPPLIERS.
THIS SECTION SHALL APPLY EVEN IF MYBAMBU AND/OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (I) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (II) ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES DESCRIBED OR PROVIDED, OR DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, STRICT PRODUCT LIABILITY, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (IV) ANY OTHER LEGAL THEORY OF LIABILITY OR MATTER RELATING TO THE SERVICES DESCRIBED OR PROVIDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THOSE STATES OR JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF MYBAMBU, Its representatives, OR THE SPONSOR BANK IN THOSE STATES IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
SECTION 18. INDEMNIFICATION
You acknowledge and agree that you are personally responsible for your conduct while using the Services, and to the fullest extent permitted by applicable law, except as otherwise provided in these Terms of Use, you agree to indemnify, defend and hold harmless us, our Representatives and Sponsor Bank from and against all claims, losses, expenses, liabilities, damages and costs (including, but not limited to, court costs, legal fees, awards or settlements, and direct, incidental, consequential, exemplary and/or indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, errors, or inability to use the Services, any misrepresentation made by you or any violation by you of these Terms of Use. Notwithstanding the foregoing, the indemnification shall not apply to claims based on our own willful, wanton, or intentional misconduct.
You further agree that you will cooperate as fully as required by us in the defense or settlement of any claim that is subject to the foregoing indemnification obligation.
SECTION 19. Dispute Resolution; SPECIAL ARBITRATION PROVISION FOR UNITED STATES USERS
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
This Arbitration Provision sets forth the circumstances and procedures under which Claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.
YOU MAY REJECT THIS ARBITRATION PROVISION BY SENDING US A WRITTEN NOTICE WHICH GIVES YOUR NAME, ADDRESS, EMAIL ADDRESS, AND EACH CARD NUMBER OR ACCOUNT NUMBER WITH A STATEMENT THAT YOU REJECT THE ARBITRATION PROVISION. THE REJECTION NOTICE MUST BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO PROGRAM MANAGER, BAMBU SYSTEMS, LLC, AT P.O. BOX 171 WEST PALM BEACH, FL 33402, ATTN: ARBITRATION REJECTION NOTICE. A REJECTION NOTICE MUST BE SIGNED BY YOU AND RECEIVED BY US WITHIN 45 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS OF USE. REJECTION OF ARBITRATION WILL NOT AFFECT ANY OTHER TERM OF THESE TERMS OF USE.
(a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and Bambu Systems, LLC as Program Manager or any of its agents, contractors or retailers, arising from or relating to the App, Card, Account, or the Services, or these Terms of Use as well as any related or prior agreement that you may have had with us or the relationships resulting from these Terms of Use or any of the foregoing. “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 these Terms of Use. 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, Account, App, or the Services, or these Terms of Use; (ii) the amount of available funds on the Account or Card; (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, the Account, or the App; (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 Card or App. 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, 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 these Terms of Use 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). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. As solely used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Sponsoring Bank, the Program Manager, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with the App, your Card or Account (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Card or Account, including but not limited to all persons or entities contractually obligated under these Terms of Use.
(b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 120 Broadway, Floor 21, New York, NY 10271; website at www.adr.org. If both JAMS and the AAA are unable to serve as administrator and we cannot agree on a replacement, a court with jurisdiction will appoint the administrator or arbitrator.
(c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ARBITRATION. THE ARBITRATOR SHALL NOT JOIN OR CONSOLIDATE CLAIMS EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
(d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action or private attorney general basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. This section of this Arbitration Provision is the “Class Action Waiver.” (Special procedures apply to Claims that seek public injunctive relief, as set forth below).
(e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any individual Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
(f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that this Arbitration Provision shall control if it is inconsistent with the applicable Code or with other provisions of these Terms of Use. The arbitrator will be selected under the administrator’s rules, except that the arbitrator must be a lawyer with experience in the subject matter of the Claim or a retired judge, unless you and we agree otherwise in writing. The arbitrator shall apply the applicable substantive law, consistent with the FAA, that would apply if an individual matter had been brought in court. The arbitrator may award any damages or other relief of remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator’s rules or applicable law. The arbitrator shall apply applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds, $50,000, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding except for any appeal rights under the FAA.
(g) No Preclusive Effect: No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
(h) Continuation and Severance: This Arbitration Provision shall survive cancellation, suspension, revocation or termination of your Card, Account or these Terms of Use as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is held to be invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity except that: (A) If the Class Action Waiver is declared unenforceable in a proceeding between you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Provision (except for this sentence) shall be null and void in such proceeding; and (B) If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver and/or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim, and that determination becomes final after all appeals have been exhausted, the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for class-wide or public injunctive relief be arbitrated.
SECTION 20. OTHER PROVISIONS
(a) Governing Law. These Terms of Use shall be governed by the law of the state of New York (without regard to New York’s choice of law rules) except to the extent preempted or governed by federal law.
(b) Availability and Interruptions of the Services. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Events beyond our control may affect the Services, such as events in nature and other force majeure events. You acknowledge and agree that you are not entitled to any compensation related to any interruptions to the Services. We do not offer a service level or uptime guarantee with the Services.
(c) Entire Agreement. Unless a mutually executed agreement between you and us states otherwise, these Terms of Use make up the entire agreement between you and us regarding MyBambu and the Services and supersedes any and all prior or contemporaneous communications and proposals, whether electronic, oral or written between the parties and with respect to any Services provided by MyBambu. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Services, or use or access any services, content or software of our affiliates, third parties or collaborating partners.
(d) Translations of these Terms of Use. These Terms of Use are written in English (U.S.) and Spanish. Any Spanish translated version is provided solely for your convenience. To the extent any translated version of these Terms of Use Agreement conflicts with the English version, the English version controls.
(e) Assignment. All of our rights and obligations under these Terms of Use are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You may not assign, delegate or transfer any of your rights or obligations under these Terms of Use to anyone else without our prior written consent.
(f) No Third Party Beneficiaries. Except as contemplated herein, these Terms of Use does not give any third party beneficiary rights other than Sponsoring Bank.
(g) Waiver/Severability. If we fail to enforce or exercise any right or provision of these Terms of Use, it will not be considered a waiver of such right or provision. If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.
(h) Reservation of Rights. We reserve all rights not expressly granted by us to you.
(i) Consumer Rights. In certain jurisdictions, you may have legal rights as a consumer, and these Terms of Use are not intended to limit any consumer legal rights that may not be waived by contract.
(j) Headings. The section titles in these Terms of Use are for your convenience only and have no legal or contractual effect.
(k) No Modifications by Our Employees. If any of our employees offers to modify these Terms of Use, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
(l) Survival. The following provisions will survive any termination of these Terms of Use or your relationship with MyBambu: “Changes; Conflicts” (Section 3), “Limitation of Liability” (Section 17), “Indemnification” (Section 18); and “Other Provisions” (Section 20).
(m) Contact Information. If you have any questions about these Terms of Use or your Account, please contact us at [email protected].
(n) Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to [email protected]. Users may also contact us by writing to 6525 Quail Hollow Road, Suite 300, Memphis Tennessee 38120, USA, attention Chief Compliance Officer. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
(o) If applicable state law requires us to give you greater protections than those set forth in Section 17 (Limitation of Liability) and 18 (Indemnification) of these Terms of Use, then the more favorable state laws will apply.
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