These Digital Wallet Terms and Conditions (“Terms”) apply when you choose to add your booyah! Discover® Debit Card (“Card”) to a digital wallet or any other electronic payment system, including but not limited to Apple Pay, Google Pay and/or Samsung Pay (each a “Wallet”).
As used in these Terms, the words “you” and “your” refer to you as the user of the Card and the services associated with the Card and digital Wallets (collectively the “Service”); the words “Bank,” “we,” “us,” and “our” refers to Surety Bank, Wilmington, Delaware, member of the Federal Deposit Insurance Corporation (“FDIC”) on behalf of NYMBUS Inc. (“Nymbus”), and their directors, officers, employees, contractors, service providers, agents or licensees.
These Terms state the terms and conditions on which we will provide, and you may use, and form part of a legally binding agreement between you and us that also includes the booyah! Online Banking Agreement, Deposit Account Agreement, and all related agreements and disclosures. In the event of any conflict between these Terms and your Deposit Account Agreement, the terms and conditions of your Deposit Account Agreement will control.
By adding a Card to the Wallet and clicking on the “Agree” button, you accept the Terms. If you do not agree to all of the Terms, do not accept the Terms, and you will not have the right to use the Service.
You can add an eligible Card to the Wallet by following the instructions of the applicable Wallet provider (“Provider”) and any further procedures we adopt. Only Cards that we indicate are eligible can be added to the Wallet. If your Card or the booyah! checking account tied to your Card (“Account”) is not in good standing, that Card will not be eligible to enroll in the Wallet. When you add a Card to the Wallet, the Wallet allows you to use the Card to enter into transactions where the Wallet is accepted. The Wallet may not be accepted at all places where your Card is accepted.
The terms, agreements, and disclosures that govern your Card, your Account, and use of online banking services associated with your Account continue to apply when you add your Card to a Wallet. The Wallet simply provides another way for you to make purchases with the Card. Any applicable fees and charges that apply to your Card will also apply when you use the Wallet to access your Card. We will not charge you any additional fees for adding your Card to the Wallet or using your Card in the Wallet. The Provider and other third parties such as wireless companies or data service providers may charge you fees. Your use of the Wallet will also be subject to agreements or Terms of Service with each Provider or other third parties such as wireless companies or data service providers.
We are not affiliated with any Provider, nor do we endorse or promote any Provider. We are not the Provider of the Wallet, and we are not responsible for providing the Wallet service to you. We are only responsible for your Card and your Account. We are not responsible for any failure of the Wallet or the inability to use the Wallet for any transaction. We are not responsible for the performance or non-performance of the Provider or any other third parties regarding any agreement you enter into with the Provider or associated third‐party relationships that may affect your use of the Wallet.
Any limits we place on the frequency or dollar amount of your Card transactions will also apply to Wallet transactions. We can also block a Card in the Wallet from purchases at any time for any reason.
We can terminate the Service and these Terms at any time. We can also change these Terms at any time. We will provide notice if required by law. We can also assign these Terms. You cannot change these terms, but you can terminate these Terms at any time by removing all Cards from the Wallet. You may not assign these Terms.
You should contact the applicable Provider on how to remove a Card from the Wallet.
Your privacy and the security of your information are important to us. Our Privacy Notice (available at www.booyahbank.com/privacy-policy/) applies to your use of your Card in the Wallet. You agree that we may share your information with the Provider, a payment network, and other third parties as is reasonably necessary in order to provide the Service, to make information available to you about your Card transactions, and to improve our ability to offer this Service. This information helps us to add your Card to the Wallet and to maintain the Wallet. We do not control the privacy and security of your information that may be held by the Provider or third parties. The third party Providers are responsible for the security of information provided to them or stored in the Wallet. We are not responsible if there is a security breach affecting any information stored in the Wallet or sent from a Wallet.
We can provide notice to you regarding these Terms and the use of your Card in the Wallet by posting the material on our website or through email at any email address you provide to us in connection with your Account. You agree to update your contact information with us when it changes.
If you have questions about the Wallet, contact the Provider using information given to you by the Provider. If you have questions about your Card or Account, email us at support@booyahbank.com or call us at 1-888-597-7137.