Samsung Pay Terms of Service

1. The Service: The Service provides users the ability to maintain a digital version of a Debit Card on a mobile device and to make payments (a) in stores or with merchants accepting contactless payments, (b) to virtual storefronts, merchants or individuals through mobile apps, and (c) online where the Service is offered as a payment method (collectively referred to as “Payees”).
2. Eligible Cards: Only BankPlus debit cards we designate as eligible and that bear the Visa™ or Mastercard™ logosmay be used with the Service. BankPlus credit cards are not eligible for the Service. If your Debit Card or associated account is not in good standing, the Bank may, in its sole discretion, designate that Debit Card as not eligible to enroll in or continue use of the Service.
3. Cardholder Agreements: You agree that any transactions that you initiate through the Service are subject to the Consumer Deposit Agreement,the Electronic Fund Transfer Disclosure, or any other cardholder agreement you have with the Bank (hereinafter collectively referred to as “Agreements”).Nothing in these Terms is intended to supersede, replace, or otherwise modify the Agreements. The Agreements are hereby incorporated by reference and made a part of these Terms. Where these Terms may be interpreted to contradict theAgreements, that Agreement should take precedence over these Terms.
4. Availability: Use of the Service is dependent upon various factors including without limitation software, hardware and communication networks that are provided in whole or in part by third-parties. Because the Bank has no control over these factors and these factors often have problems and/or interruptions in availability and/or functionality, the Bank does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible or available at all times.
5. Non-Endorsement: The Bank does not represent or endorse, and shall not be responsible for: (a) the reliability or performance of any Payee or other third-party provider, (b) the safety, quality, accuracy, reliability integrity or legality of any product, offer, loyalty program, or other items that be stored, redeemed, and/or utilized as part of any process related to the Service and/or any Payee, (c) the truth or accuracy of the description of any product, or of any advice, opinion, offer, proposal, statement, data or other information (collectively “Content”) displayed or distributed, purchased or paid for through the Service, (d) the availability, integrity or security of any third-party service utilizing the Service.
6. Limitation of Liability and Warranty: BANKPLUS IS NOT RESPONSIBLE FOR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND BANKPLUS IS NOT RESPONSIBLE FOR THE RISK AS TO THE QUALITY, FUNCTIONALITY, AVAILABILITY, PERFORMANCE, PRIVACY, SECURITY, AND/OR ACCURACY OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND FROM BANKPLUS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BANKPLUS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, AND NONINFRINGEMENT.
7. Software and Updates: The Service software and any updates thereto are provided by a third-party and are not provided by the Bank. To utilize the Service, you may be required to download and install an application or other software. You may also be required to periodically install application or software updates.
8. Privacy and Security: Personal information transmitted to us will be treated in accordance with the Agreements and/or the Bank’s current privacy policy. The Bank is not responsible for and shall have no liability for any information provided to or through the Service to Samsung, merchants or others.
9. Third-party Fees: You are responsible for any fees charged by your telecommunications provider, payment instrument, merchant, or any other third party in connection with your use of the Service.
10. Changes to Terms: The Bank may modify these Terms at any time. Your continued use of the Service will indicate your acknowledgment of, and intent to be bound by, any modifications made subsequent to your initial acceptance of the Terms.
11. Termination: Your consent to these Terms is a condition precedent to use the Service. The Bank may, at any time, terminate or suspend your access to the Debit Card, the Service, or any components thereof, at the sole discretion of the Bank and without notice or liability. If you wish to discontinue use of the Service at any time, you may delete your account information for the Debit Card from the Service. You should delete your account information for the Debit Card if you transfer your device to someone else.
12. Applicable Law: This agreement shall be governed by Mississippi lawand any applicable Federal Law, without regard to any State’s conflict of laws provisions.
13. Dispute Resolution: By using the Service, you agree that any and all disputes arising from or in any way related to these Terms shall be exclusively resolved by submission to binding arbitration as set forth more particularly in the Consumer Deposit Account Agreement for your Debit Card or associated account.