Mobile Alerts Terms and Conditions
1. TERMS AND CONDITIONS
1.2 You may have other rights granted by law, and these Terms and Conditions do not affect such rights.
2. OUR DETAILS
2.1 We are BankPlus (“BankPlus”), a Mississippi banking corporation with administrative offices in Ridgeland, Madison County, Mississippi. Our registered office is at 1068 Highland Colony Parkway, Ridgeland, Mississippi 39157.
2.2 You can contact us by email at CustomerService@BankPlus.net or by telephone 1-888-811-PLUS(7587).
3. WHO CAN USE THE BankPlus MobileAlerts SERVICE?
3.1 To be eligible to register for the BankPlus Mobile Alerts service you must be a resident in the United States. You must have the following:
3.1.1 A Visa debit/ATM, prepaid, or credit card with us;
3.1.2 a US mobile telephone account (prepay or monthly contract) with a participating operator (please see our website, www.BankPlus.net for a list of current participating operators);
3.1.3 to use BankPlus Mobile Alerts a compatible mobile phone is required. The following minimum requirements must be met;
- to use the downloaded application, your device must be a smartphone (iPhone or Android, , be Java compatible, or have internet browsing (mobile web) capability.
- have at least 64Kb of free memory;
- be configured with the standard internet data connectivity settings for your network operator (GPRS, EDGE, or EV-DO), in addition to your normal voice plan, which enables services such as internet browsing and email receipt and delivery from your mobile phone;
- have free space in your mobile phone e-mail or service inbox to receive SMS messages;
3.1.4 to receive SMS (Text) Alerts only from the BankPlus Mobile Alerts Service, the minimum device requirements are less. All you need is to have free space in your mobile phone e-mail or service inbox to receive SMS (Text) messages; and
3.1.5 a postal address within the US.
3.2 You can only register a participating Visa debit/ATM, prepaid, or credit card that you are lawfully entitled to use.
3.3 The BankPlus Mobile Alerts service can be used abroad in countries with compatible mobile networks, though charges may be higher. Fees associated with the transaction are the responsibility of the consumer unless otherwise disclosed by BankPlus. Please refer to the BankPlus Schedule of Fees provided to you by BankPlus with regards to fees.
3.4 You are responsible for ensuring that your use of the software application does not cause you to breach any other agreement to which you are a party (e.g. with your mobile network operator).
4.1 Once you have entered your registration details you will be asked to confirm that the information is correct. If the information is not correct, you can revisit your registration and correct any mistakes before confirming and submitting your registration to us. It is your responsibility to ensure that your registration is correct before submitting it to us. If you have any problems with your registration, please contact our support line at 1-888-811-PLUS(7587).
4.2 When you submit your registration, you are requesting to subscribe to the BankPlus Mobile Alerts service. We may reject your registration if you are not one of our customers or otherwise fail to satisfy any of the criteria listed above. If we accept your registration, we will then send you a text message, which will allow you to download a mobile software application to your mobile phone. Use of the software application is subject to the terms and conditions of the software license in these Terms and Conditions. By downloading the software application, you accept the terms of the software license. You should review the software license prior to accepting the terms.
4.3 When we receive your Visa debit/ATM, prepaid, or credit card account information we will automatically verify that the information entered is correct, and that the card account belongs to you. Once these details are verified, your card will be activated for the BankPlus Mobile Alerts service.
4.4 When you first use the service on your mobile phone you will also be asked to choose a security passcode that you will need each time you wish to use the BankPlus Mobile Alerts service. You must keep this passcode safe and not write it down or disclose it to anyone.
4.5 Please refer to your BankPlus Deposit Account Agreement for information on your liability for unauthorized activity to your account.
5. THE BankPlus MOBILE ALERTS SERVICE
5.1 The BankPlus Mobile Alerts service provided by BankPlus is a service that gives you access to account information and transaction services. Please note that we may add new services from time to time.
5.2 The complete range of services offered as part of our BankPlus Mobile Alerts service gives you access to some or all of the following services:
5.2.1 balance inquiries;
5.2.2 mini statements (transaction history);
5.2.3 transfers between all accounts associated with your registered card (e.g. Checking and Savings);
5.2.4 SMS (text), Push (application), and Email alerts
5.2.5 Visa Transaction Controls (VTC) allows cardholder to turn card on/off, suspend card, and/or set transaction limits via the Android or iOS Apps, as needed in support of fraud prevention.
5.3 The BankPlus Mobile Alerts service is normally available 24 hours a day, 7 days a week, and 365 days a year apart from planned downtime, circumstances beyond our reasonable control, outages on any mobile phone network or where you are not in an area of mobile coverage.
5.4 Further you acknowledge that we may withdraw all or part of the BankPlus Mobile Alerts service without notice.
6.1 You authorize BankPlus and anyone acting on our behalf to accept and act on your instructions and (where relevant) to pay into and from your account(s) the amounts involved when a transaction has been authenticated by the use of the security procedure which is set out below. You acknowledge and agree that your authority may be on an account that could otherwise only be operated by two or more persons.
6.2 You agree that if you have a joint account we will act on the instructions of either you or the other account holder(s) but you are each responsible for all transactions carried out and for the repayment of any resultant borrowing which arises on your account.
7. SECURITY PROCEDURE
7.1 You must keep your security details secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them.
7.2 You must not disclose your security details to any other person or record your security details in any way that may result in them becoming known to another person.
7.3 Please note that after initial registration we will never contact you (or ask anyone to do so on our behalf), with a request to disclose your security details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security details to them in any circumstances. Additionally you should report any such requests to us immediately.
7.4 If you suspect that anyone knows your security details you must contact us immediately. If you fail to do so, you will be liable for any unauthorized transactions on your account confirmed by use of your security details.
7.5 You will be responsible for all instructions received by us between the time you pass the security procedure until you exit from the BankPlus Mobile Alerts service. Please note that this includes any input errors or instructions sent by someone other than yourself so please do not leave your mobile phone unattended while you are still logged onto the BankPlus Mobile Alerts service.
7.6 You acknowledge that you are responsible for all transactions carried out using the BankPlus Mobile Alerts service on your mobile phone, which may include but not be limited to the payment of fees or other charges.”
8.1 We may charge you for the BankPlus Mobile Alerts service and you should refer to the cardholder regulations or BankPlus Schedule of Fees for details. There may be other taxes and fees related to the BankPlus Mobile Alerts service that are charged by your mobile phone operator and you should contact your mobile operator for details of their charges (if any) for the BankPlus Mobile Alerts service. All charges include any applicable sales taxes.
8.2 You agree to pay for the BankPlus Mobile Alerts service in accordance with the charges outlined in the cardholder regulations or the BankPlus Schedule of Fees and that current charges may be amended from time to time. You authorize us to debit automatically the card account you have selected for use with the BankPlus Mobile Alerts service for all charges in connection with your use of the BankPlus Mobile Alerts Service. In the future, we may add to or enhance the features of the BankPlus Mobile Alerts service. By using such added features or enhancements, you agree to pay for them in accordance with the charges outlined in the cardholder regulations or BankPlus Schedule of Fees.
9. ADDING EXTRA CARDS
9.1 You may add another card and additional features to the service from within the software application or web browser at anytime by following the simple steps in the application software. You can add new cards and services through this website. We will automatically verify each new card request before activating the card for the BankPlus Mobile Alerts service.
10.1 These Terms and Conditions do not exclude our liability (if any) to you for:
10.1.1 personal injury or death resulting from our negligence;
10.1.2 fraud; or
10.1.3 any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
10.2 We are not liable for any losses you suffer arising from fraudulent use of your card where this results from you not keeping your security details safe as recommended by us.
10.3 If your mobile phone is lost or stolen, you must tell us (by contacting BankPlus at 1-888-811-PLUS(7587) as soon as is reasonably practicable, and in any case within 24 hours of the loss or theft. In addition, it is your responsibility to advise your mobile phone provider of the loss or theft of your mobile phone. Until you tell us that any of these things have happened we will continue to provide the BankPlus Mobile Alerts service to your mobile phone and we will not be liable if your account information becomes known to someone else as a result.
10.4 We are not liable for any error by you in entering any details when you use the BankPlus Mobile Alerts service, e.g. if you key in the wrong mobile number or the wrong account to transfer money to/from. We will always ask you to confirm the information you have entered before you authorize the transaction.
10.5 If we believe that you or someone else is using or has obtained, or may use or obtain the BankPlus Mobile Alerts service illegally, fraudulently or improperly then we may cancel or suspend your use of the BankPlus Mobile Alerts service without notice.
10.6 We will not be liable to you if the BankPlus Mobile Alerts service is not available to you due to any planned downtime, circumstances beyond our reasonable control, outages on any mobile phone network or where you are not in an area of mobile coverage.
10.7 The BankPlus Mobile Alerts application is provided “as is” with no representation, guarantee or warranty of any kind as to its functionality. We cannot guarantee that the application will be compatible with every type of mobile phone.
10.8 BankPlus, VISA INC. AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BankPlus HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BankPlus VISA AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE PHONE TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.
10.9 IN NO EVENT WILL BankPlus BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THE BankPlus MOBILE ALERTS SERVICE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
11. YOUR RIGHT TO CANCEL
11.1 If you wish us to deactivate your account, text “stop” to 245-67 or simply select the "Cancel Service" option from the "Options" menu on your mobile phone (which tells us that you have cancelled the service) and then delete the software application from your mobile phone.
11.2 It is your responsibility to delete the software application from your mobile phone if you change your mobile phone or dispose of it.
11.3 You agree that we will not be liable to you or any third party for any modification or discontinuance of the BankPlus Mobile Alerts service.
12. OTHER IMPORTANT INFORMATION
12.1 We have the right to change these Terms and Conditions at any time and you will be notified in writing by us with regards to the changes.
12.2 If we believe that any price increase or change to the Terms and Conditions is likely to cause you material disadvantage we will let you know as soon as possible prior to any change.
12.3 If you do not agree with any change to the Terms and Conditions you are free to stop using the BankPlus Mobile Alerts service at any time. If you wish us to deactivate your account, simply select the “Cancel Service” option from the “Options” menu on your mobile phone (which tells us that you have successfully cancelled the BankPlus Mobile Alerts service) and then delete the software application from your mobile phone.
12.4 We may not necessarily keep a copy of your order and these Terms and Conditions. Accordingly we advise you to keep a record of your order and a copy of these Terms and Conditions for your information and reference.
12.5 The contract and all communications between us will be conducted in the English language.
12.6 Our relations with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions or of any term of these Terms and Conditions will be governed by the laws of the state of Mississippi. Any disputes arising out of these Terms and Conditions shall be resolved by binding arbitration as provided below. You agree that venue is proper for all purposes in Madison County, Mississippi.
12.7 Arbitration of Disputes. ANY DISPUTE RESULTING FROM OR ARISING OUT OF THE SERVICE, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN THE PARTIES, HOWSOEVER SUCH RELATIONSHIP MAY BE BASED AND EVEN THOUGH THE SERVICE BE CLOSED AND THIS AGREEMENT TERMINATED, SHALL BE RESOLVED BY SUBMISSION TO BINDING ARBITRATION, TO BE ADMINISTERED BY AN ARBITRATOR TO BE MUTUALLY AGREED UPON BY YOU AND BANKPLUS. IN THE EVENT AN ARBITRATOR CANNOT BE MUTUALLY AGREED UPON, THEN YOU AND BANKPLUS SHALL EACH DESIGNATE A LIST OF UP TO THREE ARBITRATORS, FROM WHICH LIST THE OTHER PARTY SHALL CHOOSE ONE. THE TWO ARBITRATORS SO CHOSEN SHALL THEN SELECT A THIRD ARBITRATOR MUTUALLY AGREEABLE TO THEM, WHO SHALL ARBITRATE THE DISPUTE. IN THE EVENT AN ARBITRATOR CANNOT BE SELECTED THROUGH THE FOREGOING MEANS, THEN EITHER PARTY MAY PETITION THE SENIOR CHANCELLOR OF MADISON COUNTY, MISSISSIPPI, TO SELECT AN ARBITRATOR DEEMED COMPETENT TO ARBITRATE THE DISPUTE. SUCH ARBITRATION SHALL TAKE PLACE IN MADISON COUNTY, MISSISSIPPI, AND SHALL BE ADMINISTERED IN ACCORD WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION APPLICABLE TO ARBITRATION OF COMMERCIAL DISPUTES. THE ARBITRATOR SHALL BE PAID BY THE PARTIES FOR SERVICES AS ARBITRATOR AT A RATE OR FEE TO BE AGREED UPON IN ADVANCE OF THE ARBITRATION, PROVIDED, HOWEVER, THAT BANKPLUS SHALL PAY THE FIRST $300.00 OF FILING FEES OR OTHER COSTS. THE ARBITRATOR MAY ALLOCATE FEES AND OTHER ARBITRATION COSTS AMONG THE PARTIES. THE DECISION AND AWARD, IF ANY, OF THE ARBITRATOR, WHICH SHALL BE IN WRITING, SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY STATE COURT IN MADISON COUNTY, MISSISSIPPI HAVING JURISDICTION. THE ARBITRATOR’S AWARD MAY IN NO CASE INCLUDE AN AMOUNT FOR PUNITIVE DAMAGES, AND NO COMBINATION OF CLAIMANTS SHALL BE ALLOWED TO PARTICIPATE IN THE ARBITRATION AS A CLASS OR THROUGH ANY TYPE OF CLASS ACTION. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
THIS IS AN AGREEMENT TO SETTLE DISPUTES BY BINDING ARBITRATION, REPLACING THE RIGHT TO HAVE SUCH MATTERS DETERMINED BY A COURT, EITHER WITH OR WITHOUT A JURY, AND WAIVING ANY RIGHTS TO PUNITIVE DAMAGES OR CLASS ACTIONS.
12.8 If you have any complaint about the BankPlus Mobile Alerts service please write to us at 385A Highland Colony Parkway, Suite 110, Ridgeland, Ms 39157 or telephone us at 1-888-811-PLUS(7587).
12.9 You acknowledge that there may be third parties who have rights under these Terms and Conditions (including, without limitation, our suppliers, the software application developer and the manufacturer of your mobile phone) and you acknowledge that, to the extent permitted by law, those third parties may exercise their rights under these Terms and Conditions even though they are not a party to them.
13. SOFTWARE LICENSE
13.1 We hereby grant to you a non-assignable, non-transferable, non-exclusive license to use the software application (which shall include future updates made available to you from time to time provided you understand such updates may be subject to additional terms notified to you at the time such update is made available) subject to the following obligations and/or restrictions:
13.1.1 you may only use the application on one single registered mobile phone belonging to you or under your control. You will need to register separately each additional or replacement mobile phone;
13.1.2 you may only use the application for the purpose of receiving the BankPlus Mobile Alerts services and for no other purpose whatsoever;
13.1.3 the application is licensed only to you and you shall not assign, sub-license or grant any rights of use or any other rights in respect of the application to any other person;
13.1.4 you shall not copy or reproduce in any way the whole or any part of the software application;
13.1.5 you shall not alter, modify or adapt the whole or any part of the software application;
13.1.6 you shall not remove or tamper with any copyright notice attached to or contained within the software application and you acknowledge and agree that as between us and you all ownership in the software application remains with us;
13.1.7 on any termination of the BankPlus Mobile Alerts service all rights granted to you in respect of the software application shall immediately cease.
14. SOFTWARE LICENSE TERMINATION
14.1 The software license shall commence upon your acceptance of the software license or when you install the software application (whichever is first) and shall continue until terminated in accordance with the following clauses or otherwise in accordance with the software license.
14.2 The software license will terminate automatically if you cancel the BankPlus Mobile Alerts service and/or uninstall the software application, or fail to comply with these Terms and Conditions.
14.3 Upon termination of the software license for any reason whatsoever you must uninstall the software application and destroy all copies of the software application including all components of it in your possession.