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 OR ENTITY THAT ESTABLISHES AN ACCOUNT. THIS MEANS THAT WHEN YOU APPLY FOR AN ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU AND VERIFY YOUR IDENTITY IN COMPLIANCE WITH FEDERAL LAW. You agree to provide valid and accurate identifying information. We will use account validation systems and procedures to verify the identifying information you provide. We reserve the right to cancel or revoke the use of your Account and Access Devices if we suspect you have provided false or misrepresented identifying information.
This document is the agreement (“Agreement”) among you, Mango Financial, Inc. (“Mango”) and Horizon Bank, SSB (the “Bank”) for the Mango Financial Program (the “Mango Program”). In this Agreement, “Card” or “Mango Card” means the Mango Prepaid Debit Card or Cards issued by the Bank. “Account” means your prepaid Mango Program account with the Bank. “Access Device” means the Card, any associated mobile phone activated to access the Account, or any other Mango Program access device. “Accountholder” means the person who applied for the Account, is the sole owner of the Account, and is wholly responsible for the use of each Access Device according to the terms of this Agreement. “Authorized User” means the person or persons authorized by the Accountholder to receive an Access Device that can access the Account. “Loading” means the adding of funds to your Account. “You” and “your” mean the Accountholder and Authorized Users. “We,” “us,” and “our” mean the Bank and Mango. In this Agreement, the terms the “Bank” and “Mango” include their successors, affiliates or assignees. The Bank provides the Account and issues the Card for the Mango Program. Mango and its affiliated companies provide marketing, processing, program management, and other non-bank financial services for the Mango Program. Mango is not a bank or a trustee, fiduciary, or escrow agent for you or the funds loaded onto your Account
By accepting and using the Card or any other Access Device, you agree to be bound by this Agreement. You acknowledge and agree that the Account is limited to the funds that have been loaded and not yet reserved nor spent. You authorize us to deduct funds from the Account to correct a previous error or overpayment to you or for other legitimate reasons. The expiration date of your Card is on the front of the Card. The Account will decrease each time you use an Access Device to make a purchase, cash withdrawal or debit transfer and each time a Mango Program fee is deducted. The Bank does not pay any interest on the Account. The Account balance and all transactions are made and displayed in U.S. dollars unless otherwise specified. You agree to sign the back of the Card upon receipt. The Card will remain the property of the Bank and must be surrendered upon demand. The Account and Access Devices are nontransferable, and may be canceled, repossessed, or revoked by us at any time without prior notice subject to applicable law. If we close your Account(s), we will return to you via check all available funds, net of fees or uncollected transactions. Please read this Agreement carefully and keep it for future reference.
For customer service, additional information or questions regarding your Account, or changes to your e-mail address or other contact information, please contact Mango Customer Service by mail at Mango Customer Service, P.O. Box 2067; Austin, TX 78767; call toll-free at 1-877-89-MANGO, or visit www.MangoMoney.com. For purposes of this Agreement, business days are defined as Monday through Friday. Holidays are not included.
All funds loaded to your Account are deposited in an account with the Bank. The balance of your Account is fully insured by the Federal Deposit Insurance Corporation (“FDIC”) for up to the maximum amount per account. Loads to your Account do not become FDIC insured deposits until the Bank receives them.
To activate the Access Devices visit the Mango Web site at www.MangoMoney.com or call Mango Customer Service toll free at 1-877-89-MANGO.
The Accountholder may request an additional Access Device for another person. The Accountholder is liable for all transactions made by Authorized Users with the Access Devices and card number. The Accountholder must notify us to revoke permission for any Authorized User previously authorized. If the Accountholder tells us to revoke an Authorized User’s access to the Account, we may revoke the Primary and any other Authorized User Access Devices and issue new Accounts with different numbers. The Accountholder is the sole owner of the Account and is wholly responsible for the use of each Mango Card according to the terms of this Agreement. We reserve the right to limit the number of Mango Cards issued.
At our option we may give you one or more Personal Identification Numbers (“PIN”). With a PIN, you can use your Card at any Automated Teller Machine (“ATM”) or at any Point-of-Sale (“POS”) device which requires entry of a PIN and accepts the Card. You should not disclose your PINs to anyone, including to persons over the phone, and you should not write your PIN on the Mango Card or keep it with your Mango Card. If you believe that anyone has gained unauthorized access to your PIN, you should contact us immediately, following the procedures in the “Your Liability for Unauthorized Transactions” section of this Agreement.
Loads may be made by cash, checks, direct deposit, receipt of a transfer from another Mango or participating partners’ Program account and by receipt of an ACH or wire transfer. Methods of loading your Account and our participating partners may change. Loads are generally available as Account balance the same day they are made. Account balance is provisional for cash until it is received by the Bank and for checks until collection is final. The availability of some check loads may be delayed while the check is being validated. If this occurs, we will tell you when the funds will be available. If you need the funds from a check load right away, you should ask us when the funds will be available. The Bank reserves the right to reject a check for load if it does not meet our risk mitigation standards. You may make a load in person by visiting a Mango store or other location we authorize to accept loads (“Agents”). Agents may charge you a fee to load. Some Agents may only accept cash loads. You consent to have Agents act as your messenger service in forwarding funds loaded to the Bank. For check loads, the Bank normally accepts your paycheck, rapid tax rebate (RAL) check, U.S. Treasury, state or local government benefit check, and U.S. Postal money orders. Please remember that a check can be returned unpaid after it has been added to the Account. If this happens, you are responsible for replacing those funds if you have used them. For direct deposit loads, such as your paycheck or Social Security check, you should make arrangements for the direct deposit with the paying third party. You agree that the third party may reverse any credit they make to your Account up to the amount of the original credit. As part of our Fraud Loss Control and Anti-Money Laundering policies, we reserve the right to reject a check for load, set limitations on maximum Account balance and number and amount of load transactions and reject any third party entity for direct deposits. You agree to present the Access Device and meet identification requirements to complete load transactions. For more information on current loading methods and partners, Agents, the types of checks the Bank accepts as loads, and how to arrange for direct deposit or transfer from another Mango Program account, please visit www.MangoMoney.com or contact Mango Customer Service.
You should treat your Card with the same care as you would treat cash. You can use your Access Devices to withdraw cash at ATMs that accept the Card, pay for purchases, obtain cash back from participating merchants, pay bills, and send money transfers. The ways you can use your Access Devices may change. The Accountholder is the sole owner of the Account and is wholly responsible for the use of each Access Device according to the terms of this Agreement. If you permit someone else to use your Access Device we will treat this as if you have authorized the use and you will be responsible for these transactions. If your Account balance is not adequate to cover the transaction amount, you may instruct the merchant to charge a part of the purchase to the Account and pay the remaining amount with cash or another card (“split transactions”). Some merchants do not allow split transactions. If you use your Account number without presenting your Card, the legal effect will be the same as if you used the Card itself. You may not use your Account for online gambling or any transaction that is illegal, made to hide an illegal source of funds or proceeds from criminal activity, violates any law or regulation governing financial services, or violates the privacy or proprietary rights of another.
You should keep track of the amount of your Account balance. Each time you use your Access Device, you authorize us to reduce the Account by the amount of the transaction plus applicable fees. You are not allowed to exceed the Account balance through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the Account balance creating a negative balance, you will remain fully liable to us for the amount of the transaction and any applicable fees or charges and you agree to immediately pay the negative balance. We reserve the right to cancel your Account should you create a negative balance. You do not have the right to stop payment on any purchase transaction made using your 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. Please note that we do not have control over when a merchant settles a previously authorized transaction. When you use your Access Device to rent a vehicle, hotel room, or to make other purchases, an authorization hold on your funds may be initiated by us or the merchant. An authorization hold may be initiated for many reasons such as to satisfy “security deposit” requirements or to ensure available funds when you complete your transaction. Your Account balance subject to an authorization hold will not be available to pay for other purchases or ATM withdrawals.
When using your Card at ATMs, you should take certain security precautions. Always observe your surroundings before conducting an ATM transaction. When using a walk-up ATM, check for suspicious persons or circumstances before using the ATM. If you see anyone or anything suspicious, cancel your transaction and leave the area at once. After dark, you should only use ATMs in well-lighted areas. Always take your ATM receipt, which is stamped with your transaction. You should never leave your receipt at the ATM. You should check your ATM receipts against your periodic statements. When using a drive-up ATM, keep your doors locked and windows up until you are ready to use the ATM. If you are followed after using an ATM, seek a place where people, activity and security can be found and, if necessary, call the police.
At an ATM, you may withdraw up to the amounts set forth on the enclosed Fee Schedule. ATM withdrawal amounts may be less at international ATMs. As part of our Fraud Loss Control and Anti-Money Laundering policies, we may impose additional limits on the amount, number, or type of Account transactions, limit your maximum Account balance, limit the maximum number of Access Devices issued to you, and suspend or block your and any associated Account transactions. You may contact Mango Customer Service for additional information or questions on Account limitations. When you use an ATM not owned by us, you may be charged a fee by the ATM operator (or any network used) and you may be charged a fee for a balance inquiry even if you do not complete a funds transfer.
You agree to pay all applicable fees for the use of the Account and Access Devices. Fees will be deducted automatically from the Account at the time the fee is incurred. The Fee Schedule which accompanied your Card, or which is available on the Website www.MangoMoney.com if you enrolled for your Card online, contains the fees for the use of the Account and Access Devices. We reserve the right to change these fees. The most current fees will always be available on the Website www.MangoMoney.com.
You may receive a receipt at the time you make a transaction or obtain cash using your Access Device, such as a receipt at an ATM. You agree to retain your receipts to verify your transactions. You agree to receive your periodic statements for your Account electronically. A continuously updated electronic statement is available 24 hours a day, 7 days a week by visiting www.MangoMoney.com. You can also access recent transaction history for your Account by contacting Mango Customer Service. You should check the transactions on your Account at least once a month. If you wish to receive a paper statement instead of an electronic statement, you may elect this option by contacting Mango. Please include your name, address, Card number and date of birth. We will charge you a fee if you elect to receive paper statements. You agree that these are reasonable procedures for sending and receiving Account statements.
The Electronic Fund Transfer and Truth in Savings disclosures and Privacy Policy included in this Agreement are available to you in hard copy or electronic format; however, you consent to electronic delivery of future Electronic Fund Transfer and Truth in Savings disclosures and annual Privacy Policy notices. To ensure that we are able to provide you with notices and information from time to time, you must update us with any change in your e-mail address. Future disclosures and notices will not be distributed in paper unless you contact us and request a paper version. You may withdraw your consent to receive the disclosures and notices electronically. To update your e-mail address, request a paper version, or withdraw your consent send a written request to Mango. To receive this information electronically or to access, and retain any disclosures and notices received, you will need a computer with a web browser (preferably Microsoft Internet Explorer 6.0 or 7.0, or Mozilla Firefox 1.5.0 or 2.0), access to the Internet and the ability to receive, read and save email.
This Agreement constitutes the entire agreement between you and us with respect to the Mango Program. This Agreement will be governed by the laws of the State of Texas. If any provision of this Agreement is determined to be unenforceable under applicable law, the other provisions of this Agreement will remain valid and enforceable. No failure by us to enforce the performance of any provision of this Agreement will constitute a waiver by us of our right to subsequently enforce such provision or any other provisions of this Agreement. Those provisions of this Agreement intended to survive any termination or cancellation of this Agreement shall survive in force upon any such termination or cancellation. Your Account and obligations may not be assigned. We may assign our rights under this Agreement. Your Account is subject to all applicable rules of any clearinghouse or other association involved in transactions. We may suspend or close your Account(s) if we suspect illicit, fraudulent or suspicious activity. If we close your Account(s), we will return to you via check all available funds, net of fees or uncollected transactions. Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations are subject to definitions and interpretations in the English language and any translation provided may not accurately represent the information in the original English.
If you are entitled to a refund for any reason for goods or services obtained with the Access Devices, you agree to accept credits to your Account for these refunds. You will settle all disputes about purchases you make using your Access Devices with the merchant who honored the Access Device. We are not responsible for the delivery, quality, safety, legality or other aspect of goods or services that you purchase from others with the Access Devices.
If we do not complete a transaction to or from your Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages, to the extent required by law. There are some circumstances where we will not be liable: if there is an authorization hold, or the Account is subject to legal process or other encumbrance restricting their use; if you do not have enough funds in your Account to complete the transaction; if the ATM you are trying to use does not have enough cash; if the ATM, POS terminal, network or system involved in your transaction was not working properly; if we are prohibited by law or network rules from completing the transaction; if circumstances beyond our control (for example, natural disasters, earthquakes, fires, floods, war or acts of terrorism) prevent the completion of the transaction; if a merchant refuses to accept your Access Device; if you provided inaccurate or incomplete information regarding the transaction; if access to your Account has been blocked after you reported your Access Device lost or stolen; if a merchant authorizes an amount in excess of the purchase amount; if we have reason to believe the requested transaction is suspicious, fraudulent or unauthorized; or for any other exception stated in our Agreement with you.
IF YOU BELIEVE THAT ANY OF YOUR ACCESS DEVICES HAVE BEEN LOST OR STOLEN OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR ACCOUNT WITHOUT YOUR PERMISSION, CONTACT MANGO AT ONCE. Contacting us via telephone is the preferred method of communication for lost or stolen Access Devices. You may be liable for unauthorized use of your Access Devices. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you inform us within two business days after you learn of the loss or theft of your Access Device(s), you will not be liable for more than $50 if someone used your Access Device without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Access Device, and we can prove we could have stopped someone from using your Access Device without your permission if you had informed us, you could be liable for as much as $500. If your Account history shows transactions that you did not authorize, inform us immediately. If you fail to inform us within 90 days after the Account history was made available to you, you may not be entitled to recover any funds you lost after the 90 days if we can prove that we could have prevented the unauthorized transaction if you had told us in time. If your Access Device has been lost or stolen, we will close your Account. If your PIN has been compromised we retain the right to reset your PIN.
If you inform Mango within twenty-four hours after you learn of the loss or theft of your Mobile Phone, or after you learn of an unauthorized transaction performed on your Account using YAP mobile financial services, you will not be liable for any portion of the unauthorized transaction if Mango determines that the unauthorized transaction was fraudulent or unauthorized. If you inform Mango after twenty-four hours have elapsed, but before forty-eight hours have elapsed, after you learn of the loss or theft of your Mobile Phone, or after you learn of an unauthorized transaction performed on your Account using YAP mobile financial services, you will not be liable for more than $50 if Mango determines that the unauthorized transaction was fraudulent or unauthorized. If you do NOT tell Mango within two business days after you learn of the loss or theft of your Mobile Phone, and we can prove we could have stopped someone from using your Mobile Phone without your permission if you had informed us, you could be liable for as much as $500.
All transactions in foreign currency, including international purchases and international ATM transactions, will be converted into U.S. Dollars and you agree to accept the converted amount. The Card Association (MasterCard, Visa or Discover) will use its currency conversion procedures in effect when processing the transaction. The currency conversion rate will be a rate selected by the Card Association, as applicable, from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate the Card Association itself receives, or the government-mandated rate in effect for the applicable central processing date. The currency conversion rate used on the processing date may be different than the rate that was in effect on the date you used your Access Device. We do not set the currency conversion rate, and we do not receive any portion of the proceeds. You agree to pay us the transaction fees for transactions in foreign currency set forth in the Fee Schedule and acknowledge that such transaction fees are subject to change.
If you have established regular payments or transfers to be made from your Account, you can terminate any of these transfers by contacting Mango. We must receive your request at least three business days prior to the scheduled payment or transfer date. We may require you to put your request in writing and send it to us within 14 days. See the Fee Schedule section of this Agreement for the amount we will charge you for each stop-payment order you issue. If the regular payments you have established vary in amount, the entity you have authorized payment to should inform you 10 days prior to each payment how much the payment is for and when it will be issued. You may choose instead to receive this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set. If you inform us to stop one of these payments or transfers three business days or more before it is scheduled, and we do not do so, we will be liable for your losses or damages.
Contact Mango immediately if you think your Account history or receipt is wrong or if you require additional information about a transaction listed on the Account history or receipt. We must hear from you no later than 90 days after the initial communication when the problem or error appeared. You must provide the following information: Name; Account number; Description of the error or the transaction; explanation as to why you believe it is an error or why you need more information; and the dollar amount of the suspected error. We may require that you send your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we require additional time we may take up to 45 days to investigate your complaint or question. If additional investigation is required, we will credit your Account within 10 business days for the disputed amount. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Account. For errors involving new Accounts, POS, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the disputed amount. We will inform you of the results within three business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that were used in the investigation.
We may disclose information to third parties about your Account or the transactions you make: in order to complete transactions; in order to verify the existence and condition of your Account for a third party, such as a merchant; in order to comply with government agency or court orders, or other legal reporting requirements; if you give us your permission; to our employees, auditors, affiliates, service providers, or attorneys, as needed or; in accordance with the Mango Program Privacy Policy. Please read the Privacy Policy which is included in this Agreement. By using the Account, you agree to grant Mango and its affiliates the right to analyze your non-public personal information (for example, information you have provided and your transaction history) to develop additional or improved products and services for the financial empowerment of mankind worldwide.
We reserve the right to change any of the terms and conditions of this Agreement and other disclosures or requirements by providing advance notice as may be required by law for any change that is adverse to you. If the change is made for security purposes, we may implement the change without prior notice. By maintaining your Account after the effective date of any change, you agree to be bound by any such changes. We may cancel or suspend your Account or Access Devices or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
“Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any controversy or claim of any type or nature between you and one of us (the Bank or Mango), or our employees, officers, directors, affiliates and other representatives and agents arising out of or in any way relating to this Agreement or the Mango Program (including any matters pertaining to marketing, collections or this Arbitration agreement and any claims under the Truth-in-Savings Act, Truth-in-Lending Act, Federal Trade Commission Act or the Fair Debt Collection Practices Act and whether the Dispute relates to matters which arose before or after your Mango Program is opened). You agree that this is a contract involving interstate commerce which is subject to the Federal Arbitration Act and that any Dispute shall be settled by binding arbitration in accordance with the rules and procedures of the American Arbitration Association (“AAA”) relating to consumer disputes. To find out how to initiate an arbitration proceeding or more about AAA arbitrations, call 1-800-925-0155, visit AAA’s website at www.adr.org, or call any AAA office for more information. The arbitration will be held in the federal judicial district in which you reside, unless all parties agree to a different location. You and we agree that the arbitrator has no authority to conduct class-wide proceedings and will be restricted to resolving the individual disputes between the parties. The arbitrator otherwise has the ability to award all remedies otherwise available by statute, at law or in equity to the prevailing party and the authority to determine whether a particular claim is arbitrable. We agree to pay all fees and costs charged by AAA in connection with the arbitration. If you are the prevailing party in the arbitration, you will be entitled to the recovery of reasonable attorneys’ fees and the costs of arbitration, as determined by the arbitrator. Judgment upon the award rendered by an arbitrator may be entered in any court having jurisdiction thereof. YOU UNDERSTAND THAT IN ARBITRATION YOU WILL NOT HAVE THE RIGHT TO GO TO COURT, TO HAVE A JURY TRIAL, TO ENGAGE IN PRE-ARBITRATION DISCOVERY (EXCEPT AS PROVIDED FOR IN THE ARBITRATION RULES), OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY DISPUTE. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION. If any portion of this Arbitration agreement is subsequently deemed unenforceable, the enforceability of any other provision of this Arbitration agreement shall not be affected and the unenforceable term shall be amended such that it is enforceable to the maximum extent permitted by law. This Arbitration agreement shall continue in effect even if your Mango Program with us is terminated or we assign your debt to another party.
This Website Use and Internet Banking Service Agreement (“Agreement”) is entered into by and among you, the Mango Cardholder (“Customer”), Mango Financial, Inc. (“Mango”) and Horizon Bank, SSB (“Bank”). Customer must accept the Mango Card Terms and Conditions prior to use of the Mango Card and the terms of the Mango Card Terms and Conditions are incorporated herein by reference. Bank and Customer agree that the Services described below shall be subject to the terms and conditions as set forth in this Agreement. In the event of an inconsistency between a provision of this Agreement and the Texas Business and Commerce Code or any other law or regulation, the provisions of this Agreement shall prevail.
Bank, through the website www.MangoMoney.com operated by Mango (the “Mango Website”), offers an Internet-based online banking system (“Internet Banking System”) which provides a number of on-line services (“Services”) that permit Customer to obtain certain account information reporting, access electronic funds transfer services and other account functions by means of the Internet for Customer’s Mango Prepaid Card. Customer requests the Services identified in this Agreement and Bank agrees to provide the Services, as amended from time to time, under the terms and conditions described herein.
The Mango Website utilizes a comprehensive security strategy to protect Customer’s accounts and transactions conducted over the Internet. In addition to log-on security, the Mango Website uses encryption technology for all its components. This technology is automatically activated by Customer’s browser when Customer attempts to connect to the Mango Website. The Customer’s browser will indicate the session is secure by the appearance of a small padlock icon at the bottom of the screen. The Mango Website servers have been certified by a “Certificate Authority” to certify that Customer’s computer is communicating with Mango’s servers instead of an imposter’s. During use of the Mango Website, the Mango Website may pass a “cookie” to Customer’s browser for identifying Customer during the session. A “cookie” is security data that is given to a browser by a web server that is returned by the browser on subsequent transmissions to identify the user and encryption information. When Customer logs onto the Mango Website, the cookie enables the Mango Website to process multiple transactions during the session without Customer having to provide the User ID and Password for each individual transaction. After Customer logs off the cookie is no longer accepted and must be renewed by requiring the User ID and Password to be reentered. A new cookie is used for each session. The Mango Website does not (and cannot) use its cookies to obtain new information about Customer.
In addition to the security measures described above, there may be other security notices posted on the Mango Website regarding security issues. It is Customer’s responsibility to read all applicable notices. The Mango Website utilizes a combination of User ID, Password and Multifactor Authentication for Customer’s security.
The Mango Website requires Customer to complete an initial registration process. The Mango Website will verify the information Customer submits for accuracy and authorization.
No warranties with respect to Internet Banking are made by Bank or Mango nor do Bank or Mango warrant that the Mango Website or any Services will meet specific requirements of Customer. Bank and Mango make no warranty of any kind, either express or implied, with respect to the use of the Mango Website. Bank and Mango disclaim any and all implied warranties of the merchantability and fitness for a particular purpose. Customer assumes the entire risk as to the quality and performance of the Mango Website and documentation.
Customer may request access to any Mango Card Account Customer owns or is an authorized signer on. If Customer desires payment initiation or account transfer services, Customer must obtain the required withdrawal authority over the Mango Card account in order to complete the transaction. By using the Services, Customer agrees to maintain one or more Mango Card Accounts and to keep sufficient balances in any account to cover any transaction and fees that are ultimately approved by or related to the Services or the Mango Website. If the Mango Card Accounts accessed by the Mango Website are jointly held, Customer agrees that access to the information and all transactions initiated by the use of Customer’s User ID and Password are authorized unless Bank or Mango has been notified to cancel the service.
The following conditions shall apply to the services described in this Section:
If you have told Mango in advance to make regular payments out of your Mango Card Account through the Mango Website, you can stop any of these payments. Here’s how: Call Mango at 1-877-89-MANGO, or write Mango Customer Service at Mango Customer Service, P.O. Box 2067; Austin, TX 78767, in time for Mango to receive your request 3 business days or more before the payment is scheduled to be made. If you call Mango, you may be required to put your request in writing and get it to Mango within 14 days after you call.
If these regular payments vary in amount, Bank or the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be.
If you order Mango to stop a payment 3 business days or more before the transfer is scheduled, and Mango does not do so, Mango will be liable for your losses or damages.
Customer acknowledges that the Bill Payment features of the Mango Website allow Customer to initiate payments from Customer’s Mango Card Account. Customer further acknowledges that the Bill Payment feature is provided through Fidelity Express and that the Mango Website is only an interface between customer and Fidelity Express for Bill Payment purposes.
Bank and Mango currently limit the bill-payment service to payments of amounts no less than one dollar and not more than the available balance in the Mango Card Account. Bank reserves the right to refuse to honor any request for any payment and/or to limit the frequency and/or amount of any request for payment. Bank will notify Customer if an instruction will not be completed. However, notifications will not be sent if Customer attempts to make payments that are prohibited under this Agreement. Bank reserves the right to restrict types of payees to whom payments may be made using the Bill Pay Service through the Mango Website from time to time. Customers should not use the Bill Pay Service through the Mango Website to make payments to settle securities purchases, make tax payments or make court ordered payments. Payments to such payees will be Customer’s sole responsibility if not processed, delayed or improperly processed or credited.
Bank reserves the right to not pay any debit or other item that is drawn against insufficient or unavailable funds in a Mango Card Account.
Bill payments will only be processed according to the payment schedule set by Mango. Any Bill Payment authorization received through the Mango Website after the bill payment cut-off time may be considered authorized by you on the following business day. Anything scheduled on a non-business day, or after the cut-off time, will not be sent out until the following business day. Since Bank must forward the funds and billing information to the payee, some lead-time for payments is necessary. In general, the Mango Website will attempt to notify Customer when Customer can expect the payee to receive the payment. The time frames generally will be determined by the way the payment is sent to the payee. If Bank has to send a paper check in the US Postal System, Bank suggests as sufficient time as 5 to 7 business days prior to the payee receiving the payment for processing at their address. If the payee accepts the payment electronically, Bank generally defines sufficient time as 2 to 3 business days prior to the payee receiving the payment.
If Customer fails to provide proper instruction or authorization in a timely manner as described herein, resulting in the payment being subject to additional fees, neither Mango nor Bank will be responsible for the additional fees or any other consequence or penalty as a result of the tardy receipt of the payment. Neither is Mango or Bank responsible if, in spite of the payments being made in a timely manner, the payee does not immediately act on receiving the payment or there is a delay by the postal service or any method of delivery used for any reason.
Notwithstanding the provisions in the Mango Card Terms and Conditions, as well as any other agreement with Bank, Customer agrees that all paper drafts issued on Customer’s authorized Bill Pay instructions will be the same as if actually signed by Customer.
Recurring bill payments (preauthorized debits) may be deleted during the period of time when the payment is designated as pending. Customer must verify the date of reoccurring payments when scheduled for the end of the month, since variance of calendar days exist through the calendar year. In the event Customer chooses to delete payment instructions, such deletion will only be effective if initiated through the use of the System and such notification is received during the period the payment is designated as pending.
By using the Bill Payment Service, Customer authorizes Mango, and any third-party payment processing agent Mango may use, to choose whatever method Mango feels is the most effective method to process Customer’s transaction.
It is Customer’s responsibility to correctly enter the payee information including name, address, payment date, and account number to be credited (if any). Additionally, it is Customer’s responsibility that the correct amount is entered in order to cover that particular payment. Neither Mango nor Bank will be responsible for any errors made by Customer in providing payee or payment information that may result in delayed, nonreceipt or insufficient payments due to the payee.
Neither Mango nor Bank will be liable if any of the following occurs:
Bank will be liable for damages, as defined in this Agreement, where the Mango Website caused a payment delay or failed to process a payment to be received by the payee/vendor by the tenth (10th) business day following the date your account was charged for the payment.
Customer must notify Mango immediately if Customer’s User ID and Password have been compromised, lost, stolen or used without Customer’s authorization. Failure to notify Mango immediately could result in the loss of all money accessible by the Password. If Customer’s statement shows unauthorized transfers, Customer must notify Mango within 60 days after the statement is mailed to Customer or Customer views the statement via computer.
Customer may use the Mango Website to check the balance of Mango Card Account(s). Balances shown in Customer’s Mango Card Account(s) may include deposits subject to verification from Bank. The balance may also differ from Customer’s records due to deposits in progress, outstanding transactions or other withdrawals, payments or charges. The balances are updated periodically and the Mango Website will display the most current “as of” date on the balance page. The Mango Website will use the most current balance available at the time of a transaction.
Customer may use the Mango Website to view history of transactions, to establish account alerts, to activate Mango Cards and to report lost or stolen Mango Cards.
Customer shall notify Mango or Bank immediately if Customer’s User ID and Password have been compromised, lost, stolen or used without Customer’s authorization. Failure to notify Mango or Bank immediately could result in the loss of all money accessible by the Password. Telephoning Mango or Bank at the number listed below in the Errors and Questions section is the best way of limiting Customer’s possible loss. Customer could lose all the money in its account (plus Customer’s maximum overdraft line of credit, if Customer has one).
If Mango or Bank is notified within two (2) business days after Customer discovers that Customer’s User ID and Password has been compromised, lost or stolen, Customer can lose no more than $50 if someone used it without Customer’s permission. If Customer fails to notify Mango or Bank within two (2) business days, and Mango or Bank can prove the unauthorized use of Customer’s User ID and Password could have been prevented, Customer could lose as much as $500.
If Customer’s statement shows unauthorized transfers, Customer shall notify Mango or Bank within 60 days after the statement is mailed to Customer or viewed on Customer’s computer. After 60 days, if Mango or Bank can prove that it could have prevented someone from taking the money if notification had been provided, Customer may not receive a refund from Bank. If a good reason, (such as a long trip or hospital stay) prevented Customer from notifying Mango or Bank, Mango and Bank shall allow a reasonable extension of the time periods.
In cases of errors or questions concerning transactions completed through the Mango Website, Customer should contact Mango Customer Service by mail at Mango Customer Service, P.O. Box 2067; Austin, TX 78767; call toll-free at 877-89-MANGO, or visit the help sections at www.MangoMoney.com.
The following information shall be included in the communication:
Mango will notify Customer of the results of the investigation within ten (10) business days after Mango is notified or within 20 days for a new account. Mango reserves the right to take up to 45 days to investigate or up to 90 days to investigate for a new account. If Mango does not find an error, it will provide a written explanation to Customer within three (3) business days after the investigation is complete.
Information to third parties about Customers’ Mango Card Account(s) or the transaction(s) will only be disclosed if at least one of the following applies: it is necessary to complete a transaction; to verify the existence and condition of Customer’s account to a third party such as a credit bureau or merchant; to comply with a governmental agency or court order; if permission is given to Bank or Mango by the Customer, which may be required to be in writing; to collect information for internal use, the use of service providers, and servicing agents and contractors concerning Banks electronic funds transfer service; it involves a claim by or against Bank or Mango concerning a deposit to or withdrawal from a Customer’s Mango Card Account; or where otherwise required or permitted under state or federal laws and/or regulations.
Any charges or fees for use of the Services are available on the Mango Website as amended from time to time.
Customer’s use of the Mango Website may be canceled at any time by Bank in whole or in part without prior notice due to insufficient funds in Customer’s Mango Card Account or due to other circumstances that may create an unanticipated liability to Bank. Customer will remain responsible for all transactions approved by the Mango Website prior to any cancellation of Customer’s use of the Mango Website, and for any other fees associated with the Services. After any cancellation, Services may be reinstated upon approval of Bank and verification that sufficient funds are available in Customer’s Mango Card Account to cover any fees and other pending transfers or debits.
Neither Bank nor Mango is responsible for any electronic virus or viruses that Customer may encounter. Bank and Mango encourage Customer to routinely scan his/her PC using a reliable anti-virus product to detect and remove any viruses. Undetected or un-repaired viruses may corrupt and destroy programs, files and hardware.
Mango Financial, Inc. (“Mango”) provides to Mango Cardholders access to YAP-branded mobile financial services ( “YAP Services”). The YAP Services are provided to you under the terms of this YAP Services User Agreement (the “YAP Agreement”).
Your use of the YAP Services, including signing up to use YAP Services, is evidence of your intention to be bound by the terms of this YAP Agreement and your intention to designate Mango as your agent to request Horizon Bank, SSB (the “Issuing Bank”) to perform transactions associated with YAP Services on your Mango Card issued by the “Issuing Bank. Your Mango Card and Mango Card Account are governed under the Mango Card Terms and Conditions with the Issuing Bank. At no point does Mango take possession of the funds in your Mango Card Account and your funds shall always remain in your Mango Card Account with the Issuing Bank. The YAP Services are subject to the Mango Card Terms and Conditions and certain terms not defined in this YAP Agreement have been defined in your Mango Card Terms and Conditions. Your mobile phone, when using the YAP Services, shall be considered an “Access Device” under the Mango Card Terms and Conditions and those portions of the Mango Card Terms and Conditions applying to Access Devices shall apply to your use of the YAP Services. Mango reserves the right to amend this YAP Agreement at any time. The most current version will always appear at the website www.MangoMoney.com at least thirty days before it becomes effective.
YAP Services include funds transfers, bill payments, person-to-person payments, balance lookups and event notifications. The balance shown in balance inquiries may differ from your actual balance due to deposits in progress, charges, fees or outstanding withdrawals or payments. The balances are updated periodically and the YAP Services will display the most current balance available at the time you perform a balance inquiry. Mango reserves the right to request the Issuing Bank to restrict certain bill payments, the number of attempted bill payments on a monthly basis, or the amounts to be paid under attempted bill payments. Bill payments may be processed through third party entities and, by requesting bill payments through YAP Services, you authorize such third party entities to complete such bill payments. Mango shall not be liable for any late bill payments should you have insufficient funds in your Mango Card Account to complete the bill payment.
Fees for use of the YAP Services shall be subject to fees set forth in the Fee Schedule published by Mango at the website www.MangoMoney.com. The Fee Schedule may be updated at any time and the most current version will always appear at the website www.MangoMoney.com. The Fee Schedule may be included with the card carrier which contained your Mango Card. Such fees shall be in addition to the fees charged to you by your cellular carrier; please review your user agreement with your cellular carrier to determine your current fees. The Fee Schedule is incorporated into and made a part of this YAP Services User Agreement by reference.
Should you use text messages to partake of YAP Services, Mango asks that you delete all text messages in your mobile phone’s text message “outbox” and “sent box” when using YAP Services and that you modify your phone’s settings so that outgoing text messages are automatically deleted. You are also advised to password lock your phone so that your personal information is not accessible by others. Text messages you use for YAP Services are no more secure than regular text messages; Mango has designed its information technology systems to reduce the incidence of fraud, but Mango cannot warrant that a third party will not intercept any text messages used in conjunction with YAP Services.
Third parties have the right to refuse attempted funds transfers or payments from you if you choose to use YAP Services to pay them. Should you remit a funds transfer or payment and the recipient refuses to accept the payment, the funds transfer or payment shall either be refunded by the Issuing Bank or the Issuing Bank shall not be debited from your Mango Card Account.
Mango will not request the Issuing Bank to complete any instruction you provide via YAP Services to make a funds transfer or payment to a person that has not agreed to the terms and conditions of this YAP Agreement (a “non-user”) unless and until such person or entity agrees to the terms and conditions of this YAP Agreement. Under no circumstances will Mango request the Issuing Bank to remit funds to a non-user until the non-user agrees to the terms and conditions of this YAP Agreement. If the person or entity does not accept the terms and conditions of this YAP Agreement, the payment will be returned to you by the Issuing Bank.
Under no circumstance may you use the YAP Services (1) in violation of applicable laws or regulations, including those governing financial services, (2) in violation of this YAP Agreement, (3) in a manner that violates the privacy or proprietary rights of another, including Spam, Phishing or unwanted solicitations, (4) to transfer of any malicious computer code, (5) to perform unlawful acts, including gambling, those involving stolen goods or illegal substances, or (6) to perform transactions involving a transfer of funds for illegal purposes or made to hide the source of such funds (“money laundering”). Should you violate the terms of this Section, Mango may limit, suspend or terminate your use of the YAP Services.
Once you have provided instructions to perform YAP Services you will not be able to reverse or “undo” the requested YAP Service except as described in the section titled “Your Liability for Unauthorized Transactions” in the Mango Card Terms and Conditions. It is your responsibility to correctly enter all information into your mobile phone when performing YAP Services, including any transaction amount(s). Mango will only carry out YAP Services if they are performed in accordance with relevant security procedures implemented by Mango. Such security procedures include using a YAP PIN.
If you lose your mobile phone, if you believe that an unauthorized party has used YAP Services using your mobile phone, or if you believe an unauthorized party has performed YAP Services which debited your Mango Card Account, you should immediately contact Mango. The potential losses you may incur in such as situation are described in the section titled “Your Liability for Unauthorized Transactions” in the Mango Card Terms and Conditions.
THE YAP SERVICES ARE PROVIDED BY MANGO UNDER LICENSE AND ARE MADE AVAILABLE AND PROVIDED “AS IS.” MANGO MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE YAP SERVICES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DUE TO THE NATURE OF THE CELLULAR COMMUNICATIONS SYSTEM, MANGO CANNOT GUARANTEE THAT ANY INFORMATION YOU TRANSMIT OVER THE CELLULAR COMMUNICATIONS NETWORK DURING THE USE OF YAP SERVICES WILL REMAIN SECURE OR WILL BE PROPERLY DELIVERED. Mango makes no representation, guarantee or warranty that any user of the YAP Services is indeed who they purport to be or that they will complete transactions undertaken in connection with YAP Services. Mango does not warrant that any payments or transactions performed using YAP Services will be processed in a timely or proper manner by any third parties involved in payment processing. Mango does not warrant that YAP Services will be available through your cellular carrier; the Website www.MangoMoney.com contains a list of cellular carriers which support YAP Services. You will be presented with this list when You enroll for a Mango Card or attempt to enroll for YAP Services.
IN NO EVENT SHALL MANGO OR THE ISSUING BANK OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND CONNECTED WITH THE USE OF YAP SERVICES (INCLUDING CLAIMS OF FAILURE TO DELIVER OR RECEIVE PAYMENT INSTRUCTIONS), INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, OR LOSS OF BUSINESS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FORESEEABLE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED BY THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. THE LIABILITY OF MANGO TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. Without limiting the foregoing, you agree not to hold Mango or the Issuing Bank liable for any damages, including, without limitation, special, incidental, or consequential damages for any Spam or Phishing messages delivered to you from your use of YAP Services or for failure of third parties to timely process payment or transactional instructions.
You agree to indemnify and hold Mango and its officers, directors, affiliates, and employees harmless from and against any and all claims, suits, damages, judgments, liabilities, costs, and expenses (including, without limitation, attorneys’ fees) made or incurred due to or arising out of your breach of this YAP Agreement, your fraud or willful misconduct, or your violation of any law or the rights of a third party relating to your use of the YAP Services.
In the event that you have a dispute with another user of the YAP Services, you hereby forever release and discharge Mango and its directors, officers, employees and affiliates from any and all claims, damages, whether actual or consequential, of and from any and all liabilities, expenses, and causes of action, whether foreseen or unforeseen, arising out of or connected to or with such disputes.
Without limiting its other remedies at law or equity, Mango may warn the Issuing Bank and other persons using YAP Services about any fraudulent, unlawful, illegal, or unethical acts you have committed with YAP Services or request that the Issuing Bank place a “hold” on your Mango Card Account or on certain transactions attempted using YAP Services. Mango may also limit access to YAP Services (although Mango will never take possession of the funds in your Mango Card Account and the funds in your Mango Card Account will always remain with the Issuing Bank). Mango retains the right to terminate or suspend your use of the YAP Services or to refuse to carry out certain attempted YAP Services if (1) you breach this YAP Agreement, (2) use YAP Services to violate the law or the rights of a third party, (3) Mango receives a report from a financial institution that you have abused their services, or (4) Mango believes that your use of YAP Services creates a fraud risk or liability to Mango or other users of YAP Services, (5) if Mango cannot verify the identity of you or your mobile phone, or (6) there are insufficient funds in your Mango Card Account to complete any attempted YAP Services. Mango has the right to notify the Issuing Bank of any transactions it reasonably considers suspicious.
You may contact Mango at Mango Customer Service, P.O. Box 2067; Austin, TX 78767; call toll-free at 1-877-89-MANGO, or visit www.MangoMoney.com. You should contact Mango if you believe another person has used the YAP Services in violation of this YAP Agreement.
This YAP Agreement is governed under the laws of Texas and any action arising out of this YAP Agreement will be brought in the courts of Travis County, Texas. Mango shall not be responsible for any non-performance of this YAP Agreement, loss or damages caused by events or circumstances outside of Mango’s control. You may not assign this YAP Agreement to any third party. This YAP Agreement is the sole and complete understanding between you and Mango related to the YAP Services. Certain provisions of this YAP Agreement intended to survive its expiration shall survive. The failure of any Party to exercise any right under this YAP Agreement shall not be deemed a waiver of such right or of any other rights under this YAP Agreement. Should any provision of this YAP Agreement be held unenforceable under law, then such provision shall be deemed restated to reflect the original intention of the Parties as nearly as possible in accordance with applicable law and the remainder of this Agreement shall remain valid and enforceable.
When you perform fund transfers or payments using YAP Services, the number of your mobile phone, your name or a user identification name may be required to be displayed to the other party to the transfer/payment (either on the other party’s phone or on the other Party’s Mango Card Account Statement) and you hereby give consent to Mango to deliver and display such information. Your Card Account number will never be displayed to the other party. Any user of the YAP Services who collects or divulges information of other users without their consent will be deemed to be in violation of this YAP Agreement and their Mango Card Terms and Conditions. Should you enter into a payment involving a merchant for the sale of goods, your shipping address may be delivered to the merchant, upon your approval. Mango does not sell your information to any outside organization without your consent. Mango may disclose your information to the issuing bank of your Mango Card as permitted by law. Mango may disclose your information to its related or affiliated companies, which may include financial service companies (such as banks, retail financial service providers and mobile payment providers) or nonfinancial companies (such information aggregation providers or credit bureaus). Mango may disclose your information to related, unrelated or affiliated companies that perform services for us, such as verifying customers’ identities, taking customer calls, processing your transactions undertaken with YAP Services, preparing your account statements, and providing software for us.