Cricket Mobile Wallet Terms and Conditions

 

Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY

Terms and Conditions/Definitions for the Cricket Mobile Wallet Visa® Prepaid Card

This Cardholder Agreement ("Agreement") outlines the terms and conditions under which the Cricket Mobile Wallet Visa Prepaid Card has been issued to you by The Bancorp Bank, Wilmington, Delaware ("The Bancorp Bank" or "Issuer"). The Issuer is an FDIC insured member institution. "Card" means the Cricket Mobile Wallet Visa Prepaid Card issued to you by The Bancorp Bank. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. "Card Account" means the records we maintain to account for the value of claims associated with the Card. "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may close your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

Our 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.

Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD 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 a Card Account. What this means for you: When you open a Card 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.

Activate Your Card

You must activate your Card before it can be used. You may activate your Card by visiting my.cricketmobilewallet.com or calling . You will need to provide personal information in order to verify your identity.

Personal Identification Number

You will not receive a Personal Identification Number ("PIN") with your Card Account. However, you will receive a PIN once you have registered your Card with your personal information. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers". To register your Card, visit my.cricketmobilewallet.com or call , and provide your name, address, date of birth, and other information that will allow us to reasonably identify you.

Authorized Card Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

Secondary Cardholder

By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.

Cash Access

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine ("ATM") or any Point-of-Sale ("POS") device, as permissible by a merchant that bears the Visa® or Interlink® Acceptance Mark. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM. The maximum cumulative amount that may be withdrawn from an ATM per day is $500.00. Any funds withdrawn from a POS device or through a participating bank (over the counter withdrawal) will be subject to the maximum amount that can be spent on your Card per day.

Loading Your Card

You may add funds to your Card, called "value loading", at any time. You may add value or load your Card via Green Dot® MoneyPak®, REloaditTM Pack, MoneyGram® ExpressPayment®, Western Union®, at participating PreCash or Visa ReadyLink locations. You may also add value or load your Card via PayPal®, direct deposit or mobile check deposit. Funds loaded via direct deposit are not subject to the minimum value load or maximum value load. Funds loaded via mobile check deposit are available within one (1) hour after loading when using the instant check deposit option. Funds loaded via mobile check deposit are available within five (5) business days when using regular check deposit option. For all other loading methods, you will have access to your funds immediately after activation and within one (1) hour after reloading (not including direct deposit). You will have access to your funds loaded via direct deposit by 12:00 pm CST on the business day during which the direct deposit occurs. For all loading methods, except direct deposit and mobile check deposit, the maximum number of times you may load your Card per day (24-hour-period) is two (2). For mobile check deposit, the maximum number of times you may load your Card per day (24 hour period) is three (3).

To find retail load locations and load instructions login to the cardholder website at my.cricketmobilewallet.com.

      1. If you reload your Card using REloadit Pack, MoneyGram ExpressPayment, participating PreCash locations, Visa ReadyLink locations, PayPal, or bank wire transfer the minimum amount of the initial value load is $20.00. The minimum amount of each value reload is $20.00. The maximum amount of the initial value load is $999.00. The maximum amount of each value reload is $999.00.
      2. If you reload your Card at a Western Union location (1) the minimum amount of the initial value load is $20.00. The minimum amount of each value reload is $20.00; (2) The maximum amount of the initial value load is $950.00. The maximum amount of each value reload is $950.00. You are limited to ten (10) loads per calendar month.
      3. If you reload your Card with a Green Dot MoneyPak (1) the minimum amount of the initial value load is $20.00. The minimum amount of each value reload is $20.00; (2) The maximum amount of the initial value load is $1,000.00. The maximum amount of each value reload is $1,000.00.
      4. If you load your Card with mobile check deposit the maximum amount that can be loaded is $5,000.00 and the minimum amount that can be loaded is $25.00.

Personal checks, cashiers checks, and money orders sent to the Issuer are not an acceptable form of loading. All checks and money orders sent to the Issuer for Card loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Card at the discretion of the Issuer.

Direct Deposit Account

Your prepaid Card Account and associated direct deposit account number cannot be used for preauthorized direct debits from merchants or from utility or Internet service providers. If presented for payment, these preauthorized direct debits will be declined and your payment to the merchant or provider will not be processed. The bank routing number and direct deposit account number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are not authorized to provide this bank routing number and direct deposit account number to anyone other than your employer or payer.

Using Your Card/Features

The maximum amount that can be spent on your Card per day is $2,500.00. The maximum value of your Card is restricted to $2,500.00. Funds loaded via direct deposit are not subject to the minimum value load or maximum value load.

You may use your Card to purchase or lease goods or services everywhere Visa debit cards or Interlink cards are accepted as long as you do not exceed the value available on your Card Account. Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

If you use your Card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount up to $50.00 or more. If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.

If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.

Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You may not make preauthorized regular payments from your Card Account. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. The Issuer is not responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

Card Replacement

If you need to replace your Card for any reason, please contact us at to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. There is a fee for replacing your Card.

Transactions Made In Foreign Currencies

If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by Visa into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international 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 Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. Transaction made outside of the 50 United States and the District of Columbia are also subject to this conversion fee even if they are completed in U.S. currency.

Receipts

You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.

Card Account Balance/Periodic Statements

You are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determine your available balance. It's important to know your available balance before making any transaction. You may obtain information about the amount of money you have remaining in your Card Account by calling . This information, along with a sixty (60) day history of Card Account transactions, is also available online at my.cricketmobilewallet.com. You also have a right to obtain a sixty (60) day written history of Card Account transactions by calling or by writing us at Cricket Mobile Wallet Visa Prepaid Cards Attn: . You will not automatically receive paper statements.

Fee Schedule

All fee amounts will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. Anytime your remaining Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount resulting in a zero balance on your Card Account.

Activation Fee (One-Time Fee) $10.00 per Card
Load Fee1 (GreenDot MoneyPak, REloaditTM Pack, PreCash, PayPal, MoneyGram ExpressPayment, Visa ReadyLink, or Western Union) $0.00 per load
ATM Withdrawal Fee (Domestic & International) $2.25 per transaction
Cancellation Fee (Charged if check is issued for account balance at cancellation.) $5.00 per check
Replacement Card Fee $4.95 per Card

1Additional fee from Retailer may apply.

If you use an ATM not owned by us for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Card.

Cancelation of Cricket Wireless Service

In the event that you cancel your Cricket Mobile Wallet Service with Cricket Wireless your Cricket Mobile Wallet Visa Prepaid Card will be closed sixty (60) days after cancellation of the services. You will have sixty (60) days after cancellation to use the funds in your account and bring the balance to $0.00. If you have a negative balance it must be brought to zero dollars by the end of the sixty (60) day period. If you have recurring loads such as direct deposit, you will need to make arrangements with your bank or payroll department to stop any recurring loads as soon as possible. Should a balance remain on your Card Account after the sixty (60) days, we will issue you a check to the mailing address provided, less a $5.00 Cancellation Fee. The issuer reserves the right to refuse to return any unspent balance amounting to less than $5.00.

If you would like to keep your Cricket Mobile Wallet Visa Prepaid Card you may contact Customer Service to enter into a new agreement.

Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

      1. Where it is necessary for completing transactions;
      2. In order to verify the existence and condition of your Card for a third party, such as merchant;
      3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;
      4. If you consent by giving us your written permission;
      5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
      6. Otherwise as necessary to fulfill our obligations under this Agreement.

Our Liability for Failure To Complete Transactions

If we do not properly complete a transaction from your Card 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:

      1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
      2. If a merchant refuses to accept your Card;
      3. If an ATM where you are making a cash withdrawal does not have enough cash;
      4. 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;
      5. If access to your Card has been blocked after you reported your Card lost or stolen;
      6. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
      7. If we have reason to believe the requested transaction is unauthorized;
      8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
      9. Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at . Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Card Account is $0.00 if you notify us within two (2) business days and you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals. If you notify us within two (2) business days of any unauthorized transactions, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.

Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled "Information About Your Right to Dispute Errors". If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down.

Other Miscellaneous Terms

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our 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. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. There is a fee for this service. Please refer to the fee schedule above. The Issuer reserves the right to refuse to return any unused balance amount less than $5.00.

Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, write to Cricket Mobile Wallet Visa 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 allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at or write to Cricket Mobile Wallet Visa Prepaid Cards Attn: . You will need to tell us:

      1. Your name and Card Account number
      2. Why you believe there is an error, and the dollar amount involved
      3. Approximately when the error took place

If you provide this information orally, 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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If you do not have federal payments (for example, Social Security benefits, tax refunds or other government payments) deposited to your Card Account, we may not credit your Card. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card.

For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question.

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. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, call us at or visit my.cricketmobilewallet.com.

English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of 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.

Customer Service

For customer service or additional information regarding your Card, please contact us

Monday – Thursday, 8AM to 8PM CT
Friday, 7AM - 8PM CT
Saturday, 10AM to 8PM CT
Sunday, 11AM to 8PM CT
(Holidays excluded)

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 customer service or as required by applicable law.

No Warranty Regarding Goods or Services as Applicable

Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) the Cards of any additional cardholders designated by you; iv) your purchase of the Card; v) your usage of the Card; vi) the amount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; viii) the benefits and services related to the Cards; or ix) transaction on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a Claim or for other information about these organizations, contact them

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL US AT TO CANCEL YOUR CARD AND TO REQUEST A REFUND.

© 2023 PreCash, Inc. All Rights Reserved.

PRN 4683 rev. 10/12

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  • CRICKET MOBILE WALLET END USER AGREEMENT

    Welcome to the Cricket Mobile Wallet offered by PreCash, Inc. (referred to herein as "PreCash", "us", "we" or "our"). PLEASE CAREFULLY READ THE FOLLOWING USER AGREEMENT AND APPLICATION TERMS AND CONDITIONS BEFORE ACCESSING, ACTIVATING OR OTHERWISE USING THE CRICKET MOBILE WALLET APPLICATION AND ITS RELATED SERVICES (COLLECTIVELY, THE "APPLICATION"). BY USING THE APPLICATION, YOU AGREE TO BE CONTRACTUALLY BOUND BY THIS USER AGREEMENT (THE "AGREEMENT") AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS, DO NOT USE THE APPLICATION.

    PreCash is the Application and bill payment provider. The Application is offered and distributed by Cricket. PreCash is an independent contractor for all purposes, except that you agree by using the Application PreCash shall act as your agent with respect to bill payment.

    To the extent allowed by Applicable Law, we may amend this Agreement from time to time by posting an updated Agreement on cricketmobilewallet.com. Your continued use of the Application after such posting constitutes your acceptance of the terms and conditions of the amendment made to this Agreement. If you do not accept an amendment made to this Agreement, your sole and exclusive remedy is to close your Account or not use the Application. PreCash Customer Service Contact Information regarding your use of the Application is as follows:

    Customer Service Number:

    Web Address: my.cricketmobilewallet.com

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    The Application and Your Account

    The Application allows you to establish your Account that can be used to make payments to various service providers and third parties using your mobile device (collectively "the Service"). The Account may be associated with a card ("the Card"). Your wireless service provider, Cricket Communications, Inc. ("Cricket"), is not the provider of the Application or the financial services, and you expressly release them from any claims related to the Application or the financial services provide through the Application. For the purpose of this Agreement, "Equipment" shall mean any hardware, software or networks associated with bringing you the Application, including, but not limited to, your mobile device. The Application is only available to individuals who are: (i) of legal age of majority in their jurisdiction of residence (and at least 18 years of age); (ii) own the Card that is in good standing and eligible for the Application, and (iii) own or have a compatible mobile device with a participating wireless network provider.

    The Application may not work with all mobile devices (it is currently available only for U.S. wireless telephone numbers), and not all functionalities of the Service are available on mobile devices or through the Application. The Application does not permit or support currency conversion and is subject to the Send and Receive Money transaction limits we set for your Account as well as applicable fees. If you use the Application, you are solely responsible for any fees that your wireless service provider or other third party charges, such as fees for messages and data services. We are not responsible for the hardware and/or mobile device you use in downloading and using the Application.

    Verification Requests. You agree to cooperate with all requests made by us, or third parties on our behalf, to identify you, authenticate your identity, validate your funding sources, verify your wireless telephone number and account, or verify your transactions. To the extent allowed by Applicable Law, you agree that we may make employment and investigative inquiries or reports as we deem appropriate in connection with the opening, issuance, funding, loading, reloading, review, suspension or termination of your Account. These inquiries may include inquiries to check databases, or other consumer reporting agencies.

    Not a Demand Deposit Account. Except as otherwise provided by Applicable Law, when you sign up for access to an Account, you understand that PreCash does not provide and your Account is not a demand deposit (checking) account, savings account, or other consumer asset account with us. You receive access to an Account that allows you to send and receive funds through the Service. At our discretion, we may hold funds in an Account in a "pooled account" at a bank. We will hold and move funds in accordance with Applicable Law.

    No Interest Payments; Security Interest; and Set Off. You will not receive interest or any other earnings on funds in your Account and you agree that any interest that may be earned on funds in your Account belongs to us. We will hold the funds in your Account separate from our corporate funds, will not voluntarily make such funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach such funds. You grant us a security interest in and a lien upon any funds you send or receive through the Service to allow us to set off or deduct any amounts owed to us against those funds in the event you have a negative balance or otherwise fail to uphold the terms and conditions of this Agreement.

    Your right to access and use the Application is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Application for lawful purposes. You may only have one Account associated with one email address and phone number.

    The Application is available through your Equipment when it is within the operating range of a wireless network provider. The Application is subject to transmission limitation or interruption for any of several reasons, including, without limitation, the malfunction of Equipment, periodic updating, maintenance or repair of the Application or the financial services networks maintained by third parties, or other actions that PreCash, in its sole discretion, may elect to take. PreCash does not guarantee that the Application (or any portion thereof) will be available at all times and/or in all areas. You acknowledge and agree that we are not responsible for performance degradation, interruption or delays due to conditions due to the Equipment.

    Authorizations. Each time you initiate or accept a transfer through the Account, you authorize us to debit or credit the relevant Biller and/or recipient on your behalf in accordance with your instructions and the terms and conditions of this Agreement. Your authorization permits us to complete the transfer (including deducting any applicable fees), to correct any errors in the transfer, and, in our sole discretion, to resubmit any transfer that is rejected by a Biller or recipient), to the extent permitted by Applicable Law. You also authorize us to debit your Account or the Card, if another User did not actually have sufficient good funds to pay for a transfer that was credited to you. All transfers and payments must comply with Applicable Law.

    Authorized Users. You will be liable for all transactions arising from any use of the Service and any use of your Account and the Card.

    Third Party Permission. If you permit another person to use your Account, you're the Card or withdraw money from or send money to your Account you will be responsible for any transactions made and any fees incurred by such person. You will be liable for these transactions and fees even if the person that you permitted to use your Account and the Card exceeds the scope of the authority that you gave (such as if you authorized the person to make one small purchase, but the person disregarded your instructions. Further, you acknowledge and agree that you will not hold PreCash responsible for, and will indemnify us from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

    Unauthorized Use. You agree not to provide access to your mobile device to anyone you do not authorize to use your Account. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with this Agreement. You acknowledge and agree that any use of the Application occurring through your installed Application shall be deemed to be your actions and that PreCash may rely upon such actions. You are solely responsible for protecting the security of the installed Application on your mobile device.

    Fraud Abuse. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your use of the Application. You agree and understand that you are responsible for maintaining the confidentiality of your username and password which, together, allows you to access the Application.

    Notices to You. By registering for an Account and accepting the terms and conditions of this Agreement, you consent to receive Communications, including notices and information via email to the primary email address we have in our records for you and, via text to the mobile phone number associated with the Account and Application. All notices and information sent to you via email and/or text message will be deemed to be in writing and received by you when sent to you. PreCash reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you within 24 hours of the time we post it to our website or email it to you. We may change or modify this Agreement, including Application features, from time to time by informing you of such change when you access the Application. You may stop receiving text messages from us at any time by replying "STOP" to any text message you receive from us.

    Change of Address. You agree to tell us immediately if your U.S. mail or postal address or if your email address changes. If you do not notify us about an address change, information regarding your Account may be mailed or emailed to the wrong person. Any notice we send to you shall be deemed delivered three (3) business days after mailing it to you at the last U.S. mail or postal address you provided for your Account or one (1) business day after emailing it to you at the last primary email address you provided for your Account. You agree we may accept changes of mail or postal address from the U.S. Postal Service.

    Notices to PreCash. Except as otherwise stated herein, notice to PreCash must be sent by postal mail to our corporate headquarters at the attention of our legal department, which is currently: PreCash, Inc. Attention

    Privacy and your Personal Information. For information about our data protection practices, please read PreCash's Privacy and Security Policy, located at http://cricketmobilewallet.com/privacy_policy.html, which is hereby incorporated into this Agreement. This policy explains how PreCash treats your personal information when you access the Application and use the bill payment services. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site http://cricketmobilewallet.com/privacy_policy.html.

    Password Security and Keeping Your Email and Address Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Account and Services. If you use a Card, you should also carefully safeguard this card. You are responsible for keeping your mailing address and email address up to date in your Account Profile.

    Telephone Monitoring/Recording. From time to time, we may monitor and/or record telephone calls between you and us to ensure the quality of our customer service or as required by Applicable Law.

    Confidentiality and Disclosure of Information. We will disclose information to third parties about your Account, and transactions: (i) where it is necessary for completing transactions; (ii) in order to verify the existence and condition of your Account for ourselves or for a third party, such as a credit bureau or merchant; (iii) in order to verify your identity or any accounts you hold (including wireless service accounts); (iv) in order to comply with government agency or court orders; (iv) if you give us your written permission; or (v) in accordance with our Privacy Notice and Privacy Statement, which can be found on our website. We may disclose your first name, last name and email address to the individual or User that you are seeking to transact with or are transacting with via your Account. We may also show your name in that User's transaction history. Additionally, we may share your address and contact information with a Biller from whom you purchased goods/services using the Service to allow the Biller to process your payment and perform any related customer service function.

    Transaction History. You may review your transaction history by logging into your App and selecting "Transaction History" or by logging into your Account online at cricketmobilewallet.com, subject to Applicable Law.

    Sending Limits. We may, at our discretion, impose limits on the amount of money you can send through the Services.

    Payment Method Limitations. In order to manage risk, PreCash may limit the Payment Methods available for a transaction. In addition, Payment Methods may be limited if you make a payment through certain third party websites or applications.

    Merchant Processing Delay. When you send a payment to certain Billers, you are providing an Authorization to the Biller to process your payment and complete the transaction. The payment will be considered delivered to the Biller once you complete the transaction through your Account. Making payments three (3) Business Days before the due date is recommend when possible. Paying adequately before the due date allows Billers time to credit the payment to your account. Check with your Biller for actual payment posting time and availability.

    Expedited Bill Payment Processing Authorization. By initiating a Bill Payment, you authorize and permit PreCash (including its service providers and agents) to undertake the following actions on your behalf (as used here, a "Payee" means the entity that issues a bill to you): (a) access a Payee's interactive voice response (IVR) system or website for a Bill Payment using a PreCash-owned one-time-use credit or debit card, and take all actions necessary to authorize and make the Bill Payment, including accessing your account and billing information. You acknowledge and agree that for the limited purposes described in this Agreement, PreCash (including its service providers and agents) shall be acting on your behalf and as agent for you, and the acts of PreCash undertaken on Payee and other third party IVR systems to process your Bill Payment shall be deemed to be actions taken by you. THE SERVICE IS PROVIDED "AS IS/AS AVAILABLE". PRECASH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. You agree that PreCash's service providers and suppliers are third party beneficiaries of the above provisions, with all rights to enforce such provisions as if they were each a party to this Agreement. This Agreement is subject to PreCash's privacy policy at www.precash.com. Payments to service providers typically post by the end of the next business day, provided that all account and account holder information supplied is complete and accurate. You authorize PreCash to contact you, by voice or text message, about its products and services at the phone number provided. To opt out, please call 1-866-671-5867.

    Accuracy of Information. You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number of the recipient, and the amount of the transaction. You agree that PreCash shall not be liable for inaccurate information provided by you.

    Liability for Failure to Make Transfers. If we do not complete a transaction to or from your Account or, as applicable, on time or in the correct amount in accordance with this Agreement, we may be liable for your losses or damages, subject to certain exceptions. We will not be liable, for instance, if: (a) through no fault of ours, you do not have enough Available Funds in your Account to complete a transaction; (b) our computer systems or other electronic terminal where you are making a transaction does not operate properly and you knew about the failure when you started the transaction; (c) Biller refuses the transaction; (d) access to your Account has been blocked after you reported your Account and the associated Service as compromised; (e) there is a hold on the funds in your Account or the funds in your Account are subject to any legal process or other encumbrance restricting their use; (f) we have reason to believe the requested transaction or withdrawal is unauthorized; (g) circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (h) the transaction would violate the terms and conditions of this Agreement; or (i) there are other exceptions stated in this Agreement with you.

    Refused and Returned Transactions. In the event an intended recipient refuses or fails to accept your Send Money transaction, you agree that you will not hold us liable for any damages resulting from such refusal or failure. We will return to your funds for any Send Money transaction that has not been accepted by the recipient in accordance with the terms and conditions of this Agreement. Notwithstanding the foregoing, in the event the recipient informs us they are rejecting your Send Money transaction then we will return such amount to your Available Funds within a commercially reasonable time period.

    Risk of Reversals, Chargebacks and Claims. When you receive a payment, you are liable to PreCash for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable, Fees if you lose a Claim or a Chargeback, or if there is a Reversal of the payment. You agree to allow PreCash to recover any amounts due to PreCash by debiting your Balance. If there are insufficient funds in your Balance to cover your liability, you agree to reimburse PreCash through other means. If a sender of a payment files a Chargeback, the credit card issuer, not PreCash, will determine who wins the Chargeback.

    Fees. There are no fees to download the Application or to create an Account. In order to use the Services provided by the Application you must accept an $8.00 monthly recurring charge added to your Cricket mobile phone service account.

    Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. PreCash is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

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    Registration, Suspension of Use, and Closure

    We, in our sole discretion, may limit your use of, suspend or terminate your privileges with respect to your Account, with or without cause or notice, other than any notice required by Applicable Law.

    If we decide to close or suspend use of your Account (which closure will result in termination of your privileges with respect to the associated the Application, Services, and Account), we will send an email to the primary email address we have in our records for you. Upon closure of your Account you must immediately discontinue use of your Account. Closure of your Account will not affect your obligations under this Agreement.

    Termination. This Agreement is in effect each time you use the Application. PreCash may terminate your use of the Application at any time without cause or prior notice. This may happen, for example, if your identity cannot be confirmed or the action is necessary to protect the security of the Application. This Agreement will continue to apply following its termination with respect to any obligations incurred or arising prior to its termination.

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    Closing Your Account

    How to Close Your Account. You may close your Account at any time by calling Customer Service. Upon Account closure, we will attempt to complete any pending transactions, unless otherwise legally prohibited. You must withdraw your Balance prior to closing your Account. If you have a pending payment or Grace Period payment, we will not close your Account until that payment has been made, but we may limit your ability to make additional transactions using your Account.

    Limitations on Closing Your Account. You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect PreCash, its affiliates, or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed. After the closure of your Account, the transaction history will be available online for 60 days from the date of closure.

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    Restricted Activities

    Restricted Activities. In connection with your use of our website,, Application, your Account, the PreCash Services, or in the course of your interactions with PreCash, other Users, or third parties, you will not:

    1. Breach this Agreement or any other agreement or policy that you have agreed to with PreCash;
    2. Violate any Applicable Law, including but not limited to any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
    3. Infringe PreCash's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
    4. Act in a manner that is defamatory, trade libelous, threatening or harassing;
    5. Provide false, inaccurate or misleading information;
    6. Send or receive what we reasonably believe to be potentially fraudulent funds;
    7. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
    8. Attempt to "double dip" during the course of a dispute by receiving or attempting to receive funds from both PreCash bank or credit card issuer, or any other third party for the same transaction;
    9. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
    10. Conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to PreCash, other Users, third parties or you;
    11. Engage in or furtherance of debt collection activities;
    12. Access the Services from a country that is not permitted by PreCash;
    13. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the PreCash Services;
    14. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;

    If you breach this or permit others to do so or conduct (or attempt to conduct) any transactions that we believe are not permitted by this Agreement (such as one of the activities set forth above) or Applicable Law, we may, at our sole discretion and without waiving any of our rights, freeze, close, cancel, suspend, or limit your use of your Account, Application, and/or your access to the Service.

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    PreCash's Intellectual Property Rights

    PreCash, the PreCash Logo, are service/trademarks of PreCash, Inc. All other featured logos are service/trademarks of their respective owners.

    You acknowledge and agree that contents of the Application, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material used by us for the Application, are proprietary to us and our licensors and protected under both United States and other applicable copyright, trademark and other laws. As such, you will not gain any ownership or other right, title or interest in or to them by reason of this agreement or otherwise. You may not reverse engineer, modify, or de-compile any of the technology that we make available to you. Except as otherwise expressly stated herein, the Application and its contents may not be copied, reproduced, 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.

    License Grant. You are granted a revocable non-exclusive, limited license or right to access the Application and to print copies of any content only for your personal use. Commercial use of any content is prohibited. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all PreCash documentation accompanying the Services. If you do not comply with PreCash's implementation and use requirements you will be liable for all resulting damages suffered by you, PreCash and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to PreCash's software are owned by PreCash.

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    Limitations

    No Warranties. THE PRECASH SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. PRECASH, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF PRECASH SPECIFICALLY DISCLAIM ANY EXPRESSED OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE SERVICES, THE APPLICATION, THE PLATFORM, ACCOUNTS, THE CARDS, ANY FEATURE THEREOF, OR ANY SUBJECT MATTER COVERED BY THE SUBSTANCE OF THIS AGREEMENT. PRECASH DOES NOT WARRANT THAT THE APPLICATION WILL BE ERROR-FREE OR UNINTERRUPTED, AND PRECASH DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. WE WILL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF TRANSACTIONS OR USE OF THE SERVICE OR THE APPLICATION. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

    Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF PRECASH, DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES OR CRICKET BE LIABLE FOR ANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PRECASH'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PROCESSING FEES YOU HAVE PAID US REGARDING YOUR USE OF THE APPLICATION AND SERVICES WE PROVIDE.

    WE OR CRICKET SHALL NOT BE LIABLE IF WE ARE UNABLE TO PROVIDE THE APPLICATION (OR ANY PART THEREOF) OR PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THIS AGREEMENT DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY EQUIPMENT OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL. NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

    Indemnity. You agree to defend, indemnify and hold harmless PreCash, its respective financial institutions, the merchant, Cricket, and their respective affiliates, advertising and promotion agencies and their service providers and all of their respective officers, directors, employees and agents (collectively, the "PreCash Parties") from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Application in violation of this Agreement or Applicable Law and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein.

    Dispute Resolution. Any claim between you and PreCash arising out of, or connected with this Agreement or the Application shall be resolved exclusively within the federal and state courts residing within Harris County, State of Texas, U.S.A., and you waive any jurisdictional venue or inconvenient forum objections to such courts. Any claim between you and a third party Services provider shall be handled in accordance with the dispute resolution provisions of your agreement with them.

    Contact PreCash First. If a dispute arises between you and PreCash, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and PreCash regarding the PreCash Services may be reported to Customer Service.

    Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

    Initiation of Arbitration Proceeding/Selection of Administrator. Any Claim shall be resolved, upon the election by you or us, by arbitration through the American Arbitration Association ("AAA"). Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.

    Class Action Waiver and Other Restrictions. Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any Dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the "Continuation" provision below), and without waiving either party's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Section 20 (other than this sentence) shall not apply.

    Improperly Filed Litigation. All claims you bring against PreCash must be resolved in accordance with this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to this Agreement, PreCash may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that PreCash has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

    Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, PreCash will be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.

    No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if PreCash does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which PreCash has the benefit of under any applicable law), this will not be taken to be a formal waiver of PreCash's rights and that those rights or remedies will still be available to PreCash.

    Assumption of Rights. If PreCash pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that PreCash assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in PreCash's discretion.

    Release of PreCash. If you have a dispute with one or more Users, you release PreCash (and our parent, officers, directors, agents, joint ventures, employees and suppliers) from any and all Claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. To the extent permitted by Applicable Law, you waive and release us from all defenses, rights, and claims you have or may have against us arising from or relating to this Agreement.

    Unclaimed Property. If your Account or Sub-Account becomes inactive, we may be legally required to report the balance in your Account as unclaimed property and forward the unclaimed funds to a state in accordance with Applicable Law. The specified period of time to report and send such funds in an inactive Account to a state vary by state, but usually range between two (2) and five (5) years.

    Attorneys' Fees and Costs. Except as may be provided in this Agreement, you agree to pay all costs incurred by us or our successors or assigns in collecting unpaid indebtedness or in enforcing this Agreement, including attorneys' fees and costs, as well as those costs, expenses and attorneys' fees incurred in appellate, bankruptcy, and post-judgment proceedings, except to the extent such costs, fees, or expenses are prohibited by Applicable Law.

    Void Where Prohibited. Not all services described in this Agreement are available to all persons or at in all jurisdictions. We reserve the right in our sole discretion, to limit, restrict or prohibit the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited.

    Non-Assignability. You may not assign or transfer this Agreement or any of your rights, obligations, duties, responsibilities, or liabilities under this Agreement without our prior written consent, and any attempt to the contrary without our prior written consent shall be null and void. This Agreement shall be binding on you and your respective executors, administrators, and permitted assigns. We may assign all or portions of our rights and obligations under this Agreement without your approval to any entity which acquires all or substantially all of our assets or to any Affiliate or successor.

    Severability. If any provision of this Agreement is determined to be invalid or unenforceable under any Applicable Law, the validity or enforceability of any other provision of this Agreement shall not be affected, and, in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.

    Survival. Any provision in this Agreement that provides for rights or remedies which by their nature should continue after termination of this Agreement will survive termination of this Agreement.

    Complete Agreement. This Agreement, along with any applicable policies and agreements on terms and conditions page on the Cricket Mobile Wallet website at cricketmobilewallet.com, sets forth the entire understanding between you and PreCash with respect to the Application and the Services.

    Translated Agreement. Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.

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    Definitions

    "Account" means an Account established in connection with the Application.

    "Accountholder" means the person who registered for an established an Account.

    "Add Funds" means your ability to add money into your Account through a PreCash hosted flow (and not from a third party website).

    "Agreement" means this agreement including all subsequent amendments.

    "Affiliate" means a person or entity that directly or indirectly controls, is controlled by, or is under common control with us, including our subsidiaries.

    "Applicable Law" means all applicable local, state, federal, and foreign laws, regulations, ordinances, and statutes, as well as any applicable rules, policies, and procedures established by the National Automated Clearinghouse Association or any applicable electronic payment network or card association or network.

    "ATM" means automated teller machine.

    "Authorize" or "Authorization" means a buyer's express authorization to a Merchant to collect a payment from the buyer's Account.

    "Authorized User" means you and any other person whom you have authorized to use or access your Account or Card, including, as applicable, any Sub-Account User or Sub-Account Card User.

    "Balance" means any money that you have in your Account. The terms "money" and "funds" are used interchangeably in this Agreement.

    "Biller" means a third party service provider.

    "Business Days" means Monday through Friday, other than federal banking holidays.

    "the Card" means any card, account number, barcode, digital representation, or other access device issued by us to you for the purpose of conducting transactions on your Account through the Service.

    "Communications" means any Account, PreCash Funds account, or transaction information that PreCash provides to you, including: any agreements and policies you agree to, including updates to these agreements or policies; annual disclosures, including prospectuses and reports for PreCash Funds; transaction receipts or confirmations; Account statements and history; and federal and state tax statements we are required to make available to you.

    "Claim" shall mean and include any claim, Dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to this Agreement, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements ("Agreements"), including the validity, enforceability or scope of any provision of this Agreement. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card.

    "Customer Service" is PreCash's customer support which can be accessed online at my.cricketmobilewallet.com at any time or by calling the PreCash Help Center at during these hours: Monday thru Thursday, 8:00a – 8:00p Central Time; Friday, 7:00a – 8:00p Central Time; Saturday, 10:00a – 8:00p Central Time; and Sunday, 11:00a – 8:00p Central Time.

    "Dispute" means a dispute filed by a User directly with PreCash.

    "Equipment" shall have the meaning as set forth on pg.2.

    "Fees" means those amounts stated in this Agreement.

    "Information" means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, date of birth, billing/shipping address, phone number and financial information.

    "PreCash," "we," "us" or "our" means PreCash, Inc. and its subsidiaries and affiliates.

    "Mobile" means a PreCash Service that allows you to send and receive payments through your mobile phone.

    "PreCash Services" means all our products and services and any other features, technologies and/or functionalities offered by us on our website or through any other means.

    "Personal Account" means an Account used for non-business purposes and used primarily for personal, family, or household purposes.

    "Personal Payment" means amounts sent between two individuals (not to or from a business) without a purchase. Examples of Personal Payments include sending a gift to a friend or paying a friend back for your share of a lunch bill.

    "Policy" or "Policies" means any Policy or other agreement between you and PreCash that you entered into on the PreCash website, or in connection with your use of the PreCash Services.

    "Restricted Activities" means those activities described in this Agreement.

    "Send Money" means your ability to send money though the PreCash Services including in connection with a purchase of goods or services or as a Personal Payment.

    "Service" means the service provided by us which, among other things, facilitates the ability to make payments and transfer funds online and offline using electronic payment networks, allows Users to open, fund and manage stored-value accounts, and includes any widgets, applications, payment features and other mechanisms we now or in the future may provide and you may use to conduct such payments and transfers.

    "Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.

    "You" and "your" mean the individual who opens the Account or is authorized to use the Account.

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  • Terms and Conditions of Check Approval Service

    These Terms and Conditions govern the Check Approval Service (the "Approval Service") offered by Chexar Networks, Inc. ("Chexar") Approval Service to you in connection with the mobile deposit capture ("MDC") Service provided by Precash Inc. (Precash) and supplement and are incorporated into your Cardholder Agreement. By accepting and using the Approval Service, you agree to be bound by the terms set forth in this Agreement ("Agreement"). The term "You" as used herein refers to you as owner of an account and authorized signer on any account, or any person or entity you permit to use or access the Approval Service. The term "Chexar" or, "us," "we," or "our" mean Chexar Networks Inc., PreCash, Inc., or any affiliate, agent, independent contractor, designee, or assignee that we may, at our sole discretion, involve in delivering the Approval Service to you. We may amend or change this Agreement (including any herein mentioned applicable fees and service charges) from time to time, in our sole discretion, by sending you written notice by electronic mail, postal mail or by posting the updated terms on the PreCash Inc. website. Please access and review this Agreement regularly. If you find the Agreement unacceptable to you at any time, please discontinue your use of the Approval Service. Your continued use of the Approval Service after we have made such changes available will be considered your acceptance to the change.

    Approval Service. Upon the first use of the MDC Service, your application information will be transmitted to Chexar for enrollment in the Chexar Approval Service. Chexar may accept or reject your Approval Service application for any reason or no reason in its absolute discretion. You represent that all of the information you supply through the process of ordering and activating your Card will be true and correct in all respects. You authorize Chexar and its agents now and in the future to: (a) investigate your employment, identity documents, domicile, marital status, and country of origin; and (b) contact your relatives, co-workers, employers, employees, and any person who is, has or may in the future live at your residence, to make inquiries regarding you and your history. Chexar and its agents shall own any information provided by or collected about you, and may use such information to make Check Approval decisions in connection with the MDC Service. Such information may be transferred to any successor in interest to all or part of either of the business or assets of Chexar or PreCash. You agree not to use or access the Approval Service for any purpose prohibited by law.

    Service Description. The Approval Service enables you to use the MDC Service to capture checks written to you so that the funds from such checks can be deposited into a depository account at Regions Bank and loaded to the Card issued by BANCORP Bank associated with your Account. Checks which you capture and submit for deposit using the MDC Service will be submitted to Chexar for approval for deposit. Depending on the type of check and Chexar's approval, you may have two options for loading check funds onto your Account:

    1. Instant Check Deposit: If available and you choose Instant Check Deposit, the funds from your captured check will be loaded into your Account and available for use within 60 minutes after you have received confirmation of the approval of your check. Such funds will be provided to you on a non-recourse basis, meaning that if the check is returned, rejected or denied, you will be entitled to keep the funds, provided that you have complied with the terms of this Agreement.
    2. Regular Check Deposit: If available and you choose Regular Check Deposit, the funds from your captured check will be loaded into your Account and available for use 5 business days after you have received confirmation of the approval of your check. If, during such 5 day period, the captured check is returned, rejected, or denied for insufficient funds or any other reason, the funds from such check will not be loaded on your Account. It is important that you keep your check until you have verified that such funds have been loaded and available on your Account. If the check is rejected, you may attempt to capture it a second time, deposit it elsewhere, or contact the check writer regarding the return. After five business days without the check being returned, rejected, or denied, such funds will be provided to you on a non-recourse basis, meaning that if the check is returned, rejected or denied after five business days, you will be entitled to keep the funds, provided that you have complied with the terms of this Agreement.

    Destruction of Check. In an effort to avoid fraudulent abuses, after your funds are loaded and available on your Account, you are required to destroy the check immediately, but no later than 24 hours after the funds have been loaded. Prior to destroying the check, please verify that the funds loaded are associated with the check you are required to destroy.

    Transfer/Attorney in Fact. By utilizing the MDC Service and the Approval Service and submitting a check for approval and deposit into your Account and onto your Card, you (i) agree that you have negotiated, sold and transferred for value all right and title in and to all checks submitted for approval by you, and for which funds are provided to you, to Chexar and/or PreCash, (ii) authorize Chexar and PreCash to take any and all actions necessary to negotiate or collect such checks, (iii) agree that you shall have no further rights in or to the proceeds of such checks, and (iv) agree that each check shall become the property of Chexar and/or PreCash. You agree that you have received advance valuable consideration for any check tendered to Chexar as part of the MDC Service and the Approval Service. You hereby appoint Chexar and PreCash as your appointed attorneys in fact to conduct for you any transaction that requires your signature in conjunction with the MDC Service or the Approval Service, including in connection with negotiating or collecting on any check presented by you.

    Fees and Term. The fees associated with the MDC Service and Approval Service are as follows:

    Instant Check Deposit:
    Printed Payroll & Government Checks 1.00% of the amount of each check
    All other Checks 3.00% of the amount of each check
    Regular Check Deposit:
    All Checks $2.00 per check
    Check Transaction Fee:
    All Checks and Deposit Types $1.00 per check
    Amount Requirements:
    Minimum Check Amount $25.00
    Maximum Check Amount $5,000.00

    All fees associated with the deposit, transmission and loading of funds into your account from any check presented by you will be deducted from the funds loaded onto your Card from such check. An email or SMS receipt will be provided to you detailing the amount loaded from each check and the deducted fees. Your account statement will show only the net amount of each check loaded onto your Card (less all deducted fees). Check loading fees will not be separately detailed in your account statement as they are assessed by a 3rd party network.

    Approval Service Cancellation. Chexar may cancel or suspend your use of the Approval Service at any time if you fail to perform any of your obligations to Chexar set forth in this Agreement or any other terms and conditions which may apply to any products or services of PreCash used by you, if you default on any obligation to Chexar or PreCash, or if you provide any false or misleading information to Chexar or PreCash. Chexar may re-evaluate your Approval Service qualifications at any time, and may cancel or suspend your use if it decides in its discretion that you no longer qualify. You may cancel your use of the Approval Service at any time by emailing Chexar at [email protected].

    Cooperation. You agree to cooperate with any investigation of your use of the Approval Service with Chexar or with regard to any check presented by you for deposit, by any Federal, state or local law enforcement agency or any court ordered production of your records of use of the Approval Service with Chexar.

    Check Loading Policies. By presenting a check for loading onto your Card through the MDC Service, you certify, represent and warrant that (i) such check is a bona fide check for funds owed to you that has been obtained by you by lawful means, (ii) you are not aware of any facts or circumstances which would limit the value, legality, collectability or negotiability of the check, (iii) such check does not include any proceeds from criminal activity, and (iv) there are no unfulfilled conditions that limit the negotiability or value of the check. Chexar will endorse any check you tender as part of the MDC Service for loading into your prepaid debit card account at BANCORP Bank, and you agree to pay the applicable fee for such service as outlined above.

    If you breach any of the above representations or warranties in this Agreement and a check you deposit is dishonored, rejected, returned or not paid, you agree to repay to Chexar and PreCash any funds you received in relation to such check, and authorize them to deduct such funds from your Account. In such case, Chexar and/or PreCash or its agents may, without notice, seek legal redress against you, and you grant Chexar and PreCash and their agents a lien on all property belonging to you of any kind, whether real, personal, tangible or intangible, which is in the possession of Chexar or PreCash, including the proceeds of any other check you deposit, and any funds in your Account or any other maintained by you with BANCORP Bank, all of which may be used to satisfy any debt owed by you under the terms of this or any other agreement with Chexar, PreCash or BANCORP Bank, without contest on your part.

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