My Award Award Card Mobile Services App Terms and Conditions

TERMS AND CONDITIONS

1.1 It is important that you read these terms and conditions (the “Terms”) carefully.  These Terms, the Privacy Policy and Frequently Asked Questions are available online at www.awardcardservices.com/mobile.  These documents govern our relationship with you as they relate to your use of the My Award Award Card Mobile Service App (the “Mobile App”).  If you have any questions about the documents, please contact us at 1-877-733-3701 before continuing.

1.2 You may have other rights granted by law, and these Terms do not affect such rights.

OUR DETAILS

2.1 “We”, “us” and “our” means ITA Group, Inc. (“My Award Award Card Services”), a company incorporated in the State of Iowa, whose principal office is located at 4600 Westown Parkway, West Des Moines, Iowa 50266.

2.2 You can contact us by telephone at 1-877-733-3701.

THE MY AWARD AWARD CARD MOBILE SERVICES APP

3.1 The Mobile App provided by My Award Award Card Services allows you to access your card account information. Please note that we may add new services from time to time.

3.2 This is the complete range of services offered by the Mobile App:

3.2.1 Balance inquiries;
3.2.2 Mini statements (transaction history);
3.2.3 SMS (text), Push notifications, and Email alerts

3.3 The Mobile App is available 24 hours a day, 7 days a week, and 365 days a year.  However, planned downtime, circumstances beyond our reasonable control, outages on any mobile phone network, or your location outside an area of mobile coverage may impact the availability of the Mobile App.

3.4 We may withdraw all or part of the Mobile App without notice.

WHO CAN USE THE MY AWARD AWARD CARD MOBILE SERVICES APP

4.1 To be eligible to register for the Mobile App, you must be at least eighteen (18) years of age and a resident of the United States (“U.S”).  The following criteria must also be met:

4.1.1 You must have a Visa® Prepaid Card that is made available through participation in a program we manage;
4.1.2 You must have a compatible mobile phone and/or a mobile web browser. Your mobile device must meet the following minimum requirements: A smart phone with the ability to support a downloadable mobile application (e.g., iPhone or Android); A mobile device with internet browsing (mobile web) capability; Have at least 64Kb of free memory; Be configured with the standard internet data connectivity settings for your network operator (GPRS, EDGE, or EV-DO), in addition to your normal voice plan, (which enables services such as internet browsing and email receipt and delivery from your mobile phone), sufficient free space available on your mobile phone, e-mail, or service inbox to receive SMS (Text) and e-mail messages;
4.1.3 Your compatible device must be able to receive SMS (Text) Alerts from the Mobile App, you need to have sufficient free space on your mobile device, e-mail, or service inbox to receive SMS (Text) and e-mail messages;
4.1.4 You must have a mobile device account with a participating mobile network carrier (“Mobile Carrier”).  Please visit our website, www.awardcardservices.com/mobile to see the list of current participating Mobile Carriers;
4.1.5 You must have a postal address within the U.S.

4.2 You may only register a participating Visa Prepaid Card that you are lawfully entitled to use.

4.3 The Mobile App can be used in countries outside the U.S. with compatible mobile networks.  Data rates and fees will vary by mobile network, so please check with your mobile carrier for details on any applicable fees. Any fees associated with the transaction(s) are your responsibility unless otherwise disclosed in your Cardholder Agreement. Please refer to your Cardholder Agreement fee schedule for details.

4.4 You are responsible for ensuring that your use of the Mobile App does not breach any other agreement to which you are a party (e.g., the agreement with your mobile network operator).

REGISTRATION

5.1 Once you have provided your registration details, you must confirm the information is correct. If the information is incorrect, you can edit your registration information to correct any mistakes before confirming and submitting your registration information to us. It is your responsibility to ensure your registration information is correct before submitting.  If you have any problems with registration, please contact our support line at 1-877-733-3701.

5.2 By submitting your registration information, you are requesting to subscribe to the My Award Award Card Mobile Services App.  Your registration request may fail if you are not a current customer or if any of the criteria shown above in Section 4 is not satisfied. If your registration is successful, we will send you a confirmation text message which will allow you to download the Mobile App to your mobile device. Use of the Mobile App is subject to the terms and conditions of the software license in these Terms. By downloading the Mobile App, you are accepting the terms of the software license. You should review the software license prior to accepting its terms.

5.3 When we receive your Visa Prepaid Card account information, we will automatically verify that the information entered is correct, and that the card account belongs to you.  Once these details are verified, the Mobile App will be available for your use.

5.4 When you use the Mobile App for the first time, you will also be asked to choose a security passcode.   You will be required to enter this passcode each time you wish to use the Mobile App going forward. You must keep this passcode safe and not write it down or disclose it to anyone.  Please refer to section 7 for additional security information.

5.5 Please refer to your Cardholder Agreement for information on your liability for unauthorized activity to your account.

AUTHORITY

6.1 You authorize My Award Award Card Services and anyone acting on our behalf to accept and act on your instructions and (where relevant) to pay into and from your card account(s) the amounts involved when a transaction has been authenticated by the use of the security procedure which is set out below.

SECURITY PROCEDURE

7.1 You must keep your security details, such as your security password, secret and take all reasonable precautions to prevent their unauthorized or fraudulent use.

7.2 You must not disclose your security details to any other person or record your security details in any way that may result in them becoming known to another person.

7.3 Please note that after initial registration we will never contact you (or ask anyone to do so on our behalf) with a request to disclose your security details in full. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine), then it is likely to be fraudulent and you must not supply your security details to them under any circumstances. Additionally, you should report any such requests to us immediately.

7.4 If you suspect that anyone knows your security details, you must contact us immediately. If you fail to do so, you will be liable for any unauthorized transactions on your card account which occurred because of the use of those security details.

7.5 You are responsible for any unauthorized transactions on your card account that occur between the time you pass the security procedure until the time you exit from the MY AWARD AWARD CARD MOBILE SERVICES APP.  Please note that this includes any input errors or instructions sent by someone other than yourself, so please do not leave your mobile phone unattended while you are still logged onto the Mobile App.

7.6 You acknowledge that you are responsible for all transactions carried out using the Mobile App on your mobile device, which may include but not be limited to the payment of fees or other charges.

LIABILITY

10.1 We are not liable for any losses you may suffer which arose in connection with the fraudulent use of your card resulting from your failure to keep your security details safe and secure.

10.2 If your mobile device is lost or stolen, you must contact us at 1-877-733-3701 as soon as reasonably practicable, and in any case within 24 hours of the loss or theft. In addition, it is your responsibility to advise your mobile device service provider of the loss or theft of your mobile device. Until you tell us that any of these events have happened we will continue to provide the Mobile App service to your mobile device and we will not be liable if your account information becomes known to someone else as a result.

10.3 We are not liable for any error by you in entering any details when you use the Mobile App (e.g., if you key in the wrong mobile number).

10.4 If we believe that you or someone else is using or has obtained, or may use or obtain the Mobile App illegally, fraudulently or in any manner that violates these Terms, we may cancel or suspend your use of the Mobile App without notice.

10.5 The Terms do not exclude our liability (if any) to you for:

10.5.1 Personal injury or death experienced by you resulting from our negligence;
10.5.2 Fraudulent account activity or resulting from our negligence;
10.5.3 Any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

10.6 You agree that we will not be liable to you or any third party for any modification or discontinuance of the Mobile App.

10.7 We will not be liable to you if the Mobile App is not available to you due to any planned downtime, circumstances beyond our reasonable control, or outages on any mobile phone network or where you are not in an area of mobile coverage.

10.8 The Mobile App is provided "as is" with no representation, guarantee, or warranty of any kind as to its functionality. We cannot guarantee that the Mobile App Service will always be compatible with every type of mobile device.

10.9 MY Award AWARD CArd Services, VISA INC.,  AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE DEVICE WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MY AWARD AWARD CARD SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MY AWARD AWARD CARD SERVICES, VISA AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS AND THE MANUFACTURER OF YOUR MOBILE DEVICE TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.

10.10 IN NO EVENT WILL MY AWARD AWARD CARD SERVICES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THE MY AWARD AWARD CARD MOBILE SERVICES APP OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF WE, OR OUR REPRESENTATIVES, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

YOUR RIGHT TO CANCEL

11.1 If you wish to deactivate your Mobile App account, simply select the "Cancel Service" or "Cancel Account" option, follow the instructions and then delete the software application from your mobile device.

11.2 It is your responsibility to delete the software application from your mobile device if you change your mobile device or dispose of it.

OTHER IMPORTANT INFORMATION

12.1 We have the right to change these Terms at any time and you will be notified in writing by us regarding any such changes.

12.2 If we believe that any price increase or change to the Terms is likely to cause you material disadvantage we will let you know as soon as possible prior to any change.

12.3 If you do not agree with any change to the Terms, you are free to stop using the Mobile App at any time. If you wish us to deactivate your Mobile App account, simply select the "Cancel Service" or "Cancel Account" option, follow the instructions, and then delete the software application from your mobile device.

12.4 Please retain a copy of these Terms for your information and future reference.

12.5 These terms and all communications between us will be in the English language.

12.6 Our relationship with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms or of any term of these Terms will be governed by the laws of Iowa, whose courts shall have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms.

12.7 If you have any complaints about the Mobile App service please write to us at 4600 Westown Parkway, West Des Moines, Iowa 50266 or telephone 1-877-733-3701.

12.8 You acknowledge that there may be third parties who have rights under these Terms (including, without limitation, our suppliers, the software application developer and the manufacturer of your mobile device) and you acknowledge that, to the extent permitted by law, those third parties may exercise their rights under these Terms even though they are not a party to them.