CARDSWAP TERMS AND CONDITIONS
The following terms and conditions (the "Terms of CardSwap Service") constitute a binding agreement between you and La Capitol Federal Credit Union and its licensors (collectively “We”, “Us” or “Our”) with respect to your use of the CardSwap software (the "Software"), and the Service, “CardSwap” (as defined below) (collectively the "CardSwap Services").
A. Changes to Terms of CardSwap Service. We may revise and update the Terms of CardSwap Service from time to time in our sole discretion. All changes are effective when they are posted and apply to all access to and use of the CardSwap Services thereafter. Your continued use of the CardSwap Services following the posting of revised Terms of CardSwap Service means that you accept and agree to the changes.
B. CardSwap Service Description. We provide a payment card exchange service (”CardSwap”) that allows you to link your La Capitol Federal Credit Union Debit or Credit Card to certain third-party service providers ("Vendors") by accessing your accounts at such Vendors’ websites and online services ("Vendor Sites") via the CardSwap Service. The CardSwap Service allows you to add your La Capitol Federal Credit Union card or swap (exchange) the current existing payment card on file with the Vendor used to make payments.
C. Vendor Account Information. In order to use ”CardSwap”, you will need to link your La Capitol Federal Credit Union Debit or Credit Card on Vendor Sites to ”CardSwap” by providing Us with the information necessary to access such vendor accounts (such as account usernames and passwords) ("Vendor Account Information"). You hereby authorize Us to use and store your Vendor Account Information and to access your accounts on Vendor Sites to provide the ”CardSwap” Service to you and to configure “CardSwap” so that it is compatible with the applicable Vendor Sites. You represent and warrant to Us that you are the legal owner of all accounts accessed on any Vendor Sites that you access via “CardSwap” and that you have the authority to allow Us to access your accounts using your Vendor Account Information on your behalf.
D. Funding Accounts. If you use “CardSwap” Vendor payments will be paid using available funds in your La Capitol Federal Credit Union Checking Account that is linked to your Debit or the available funds on your La Capitol Credit Card (a "Funding Account"). You agree to maintain an available balance in your Funding Account that is sufficient to successfully pay all Vendor payments submitted against the Debit Card linked using the “CardSwap” service. If for any reason the Vendor is unable to access funds from the specified Funding Account to finalize a payment transaction that you initiated, the transaction may not be completed. (e.g. insufficient funds, the account is closed, etc., etc.). We are not responsible for any vendor fees associated with an incomplete payment transaction. Please review your La Capitol Federal Credit Union account disclosures for our fees associated with Insufficient Fund Charges or Uncollected Fund Charges. All account disclosures apply (Truth in Savings Disclosure, Business Account Agreement, Deposit Account Agreement, etc.).
E. Limitations. You acknowledge and agree that: (a) some Vendors may not allow Us to access your account at the Vendor Sites on your behalf; (b) Vendors may make changes to Vendor Sites and/or other services, with or without notice to Us. These changes may affect the overall performance of “CardSwap” and prevent or delay your CardSwap with such Vendors; (c) certain Vendors may not accept payment from all types of funding sources (for example, not all Vendor Sites may accept debit cards).
F. Payment Delays and Errors. You are solely responsible for ensuring that payments made using your La Capitol Debit or Credit Card linked via “CardSwap” is processed by the Vendor. It is your responsibility to review all payment transactions you initiate using the Debit Card linked via “CardSwap” against your transaction history or account statements. You are solely liable for errors you make in using “CardSwap”. Without limiting the foregoing, We will not be responsible or liable: (a) if the Debit Card linked via “CardSwap” or the underlying account from which the payment is made is restricted, expired, closed or does not contain sufficient available funds to process the payment. or; (b) if a payment is rejected, returned, mishandled, or delayed by the Vendor for any reason.
G. Electronic Communications. The communications between you and Us via the CardSwap Services use electronic means. For contractual purposes, you consent to receive communications from Us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
I. Software Updates. We may, from time to time in Our sole discretion, develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality of the CardSwap Services. You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the CardSwap Services.
J. Changes to the CardSwap Services. We reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the CardSwap Services or any portion thereof at any time. You agree that We will not be liable to you or to any third party for any such change, suspension, or discontinuance.
K. Suspension/Termination of Access. We have the right to deny access to, and to suspend or terminate your access to, the CardSwap Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of CardSwap Service or if We believe there is suspicious or unusual activity related to your account. Neither termination nor suspension shall affect your liability or obligations under these Terms of CardSwap Service. In the event that We suspend or terminate your access to the CardSwap Services, you will continue to be bound by the Terms of CardSwap Service that were in effect as of the date of your suspension or termination.
L. Disclaimer of Warranties. THE CARDSWAP SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE CARDSWAP SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE CARDSWAP SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE CARDSWAP SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CARDSWAP SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
M. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE CARDSWAP SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WE ARE FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF CARDSWAP SERVICE, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF CARDSWAP SERVICE FAIL OF THEIR ESSENTIAL PURPOSE.
N. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section may not apply to you. In such states, any exclusions and/or limitations found unenforceable by law shall be severed from these terms and conditions, and our liability is limited to the absolute minimum amount permitted by law.
O. Indemnification. You agree to indemnify, defend, and hold Us and Our officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (a) your use of the CardSwap Services; (b) any violation of these Terms of CardSwap Service or applicable law; and/or (c) any claims by another owner of a Funding Account you use in connection with “CardSwap” or any joint account holder of an account on a Vendor Site. We reserve the right, at Our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with Us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the CardSwap Services and/or these Terms of CardSwap Service.
P. Third Party Materials. The CardSwap Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that We are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
Q. Third Party Platforms. We may provide the CardSwap Services to you through the Vendors Sites and/or other third-party websites, operating systems, platforms, and portals (collectively, "Third-Party Platforms"). Additional terms and conditions will apply to you with respect to your use of Third-Party Platforms, which are not under our control. We do not assume any responsibility or liability for your use of such Third-Party Platforms.
R. Geographic Restrictions. We are based in the United States. We make no claims that the CardSwap Services are accessible or appropriate outside of the United States. Access to and use of the CardSwap Services may not be legal by certain persons or in certain countries. If you access the CardSwap Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.