Please read carefully. These Terms contain an Arbitration provision requiring all claims to be resolved by way of binding arbitration.
Please read carefully. These Terms contain an Arbitration provision requiring all claims to be resolved by way of binding arbitration.
If you have questions about these Terms or the use of the Fluz Card, please contact Customer Service at +1 929-357-2780.
“You” and “your” mean the person or persons who have received the Fluz Card and are authorized to use the Fluz Card as provided for in these Terms. “We,” “us,” and “our” mean the Issuer, our successors, affiliates or assignees. “Member” means a person who has registered with Fluz for an account in the Fluz App (as defined below) and who has provided all required information upon registration. The Member acknowledges it is their responsible to ensure any such information is true, accurate, current, complete and up-to-date at all times. “Issuer,” as defined above, includes third parties with whom Issuer contracts to issue the cards, as applicable.
Section 1 – Eligibility
Section 2 – Using the Fluz Card
The Fluz Card may only be used for one purchase at a merchant you select when requesting to generate the card. You acknowledge and agree that all funds on the Fluz Card are at all times the sole and exclusive property of Fluz. There is only one purchase allowed per Fluz Card. The Fluz Card may be used for a purchase either online or, subject to the section below titled “Use of Fluz Card with Digital Wallets” – at the point of sale at the merchant’s physical location.
You can request a Fluz Card in the Fluz App or member portal. Prior to the creation of the Fluz Card you will be asked to select a merchant, enter a card limit and select a repayment method for processing the merchant purchase amount, as described above, which may be provided by a third-party.
Fluz is responsible for payment to the merchant and once completed, you will repay Fluz through the repayment method you selected before creating your Fluz Card. Once you have completed these steps, and you are approved, a single-use virtual card will be created within seconds. After you receive your virtual card number, enter the checkout of the merchant store you selected and choose credit card/Mastercard as your payment method. For online purchases, copy the Fluz Card details (number, expiration date and CVV) provided and paste it into the required fields on the merchant’s website to complete your purchase. By using the Fluz Card, you consent to the execution of the purchase transaction.
Section 4 – Transaction Details and Card Expiration.
The purchase transaction details will be available to you in the Fluz App immediately after the transaction is complete. However, you should always obtain a receipt from the merchant at the time you make a purchase or transaction using your Fluz Card. You should retain, verify, and reconcile your transactions and receipts. Some merchants may not provide a receipt for small dollar purchases. Neither Issuer nor Fluz is liable for providing a receipt for transactions initiated through the use of the Fluz Card that you should have obtained from a merchant.
If you do not use the Fluz Card to make a purchase within 24 hours, it will expire and a new virtual card will not be automatically generated. You may, at any point prior to making a purchase with the Fluz Card or the expiration of the Fluz Card, cancel your unused card in the Fluz App. If you cancel your unused Fluz Card or it expires, no funds will be added to the Fluz Card and your repayment source will not be debited or charged.
In the event the Fluz Card limit is higher than your actual purchase amount you will only be charged for the actual purchase amount at the merchant.
Fluz will not authorize any transactions that exceed the approved limit of your Fluz Card, but sometimes pending transactions may settle for a greater amount than authorized or the merchant may not request authorization. In these instances, you shall remain fully liable to us for any amount greater than the purchased amount of the Fluz Card. We will send you an updated purchase transaction from the merchant, and you agree to allow us to charge your repayment source in accordance with the terms of the funding agreement, which you agreed to when you registered as a Member on the Fluz App, and is available for your review available here.
In some cases, even if you made your purchase transaction within 24 hours of creating the Fluz Card, we may not receive information about your transaction immediately (for example, if there is a delay between when you make your purchase and when the merchant processes and/or ships your purchase). In the event the Fluz Card is cancelled after you made your purchase, we may send you updated transaction details when we receive your purchase information from the merchant, and you agree to have Fluz debit or charge your selected repayment source for any such amounts in accordance with the terms of the purchase agreement when you created the Fluz Card.
The Fluz Card may be used everywhere Mastercard is accepted. You must only use the Fluz Card with the merchant you selected prior to when the single-use card was generated. We reserve the right to block any merchant or store in our sole discretion.
Fluz is not the seller of goods or services, nor does Fluz place the order on the website of the store. The Fluz Card service can only be used for payment to a store and refunds up to that payment amount. It cannot be used by the store for refunds exceeding the payment amount, nor for the purpose of paying you for purchases not related to the original purchase transaction. If you are entitled to a refund for any reason for goods or services obtained with your Fluz Card, you agree to accept credits to the Fluz Card for such refunds and agree to the refund policy of the respective merchant. If your repayment method has already been charged for the refunded transaction, we will credit your Member account in accordance with the Fluz member terms and conditions.
The Fluz Card is not for resale and will expire once your transaction is fully cleared (including chargebacks and refunds) or 24-hours after card generation, whichever occurs first. The Fluz Card will remain the property of the Issuer and may be de-activated any time at the discretion of the Issuer or as may be directed by Fluz. The Fluz Card is nontransferable, and it may be canceled or revoked at any time without prior notice subject to applicable law.
Section 5 – Use of Fluz Card with Digital Wallets
If enabled, you may elect to add your Fluz Card to one or more digital wallets (“Digital Wallet(s)”) supported by Issuer and subject to these Terms and any separate terms required by the Issuer for adding your Fluz Card to a Digital Wallet.
The Digital Wallet provider may allow you to conduct transactions at a point of sale device by selecting “CREDIT” on the keypad to make a signature purchase.
Section 6 – No Cash Access; Restrictions on Use at Certain Stores
We do not support the use of, and you agree not to use the service or the Fluz Card for, certain services or at stores offering certain types of services, including, but not limited to, (1) cash withdrawals; (2) transactions involving or directly convertible into cash (e.g., wire transfer orders, money orders or travelers checks, betting including lottery tickets, government owned lotteries, casinos, casino gaming chips, off-track betting, horse/dog racing and other race-track wagers, (3) massage parlors, escort, or similar services, or (4) other stores that do not meet our or Fluz’s Ethical Standards. There may be other services or merchant types that our not supported depending on your payment or financing method.
We do not warrant that the Fluz Card will be blocked for use with such services or merchants and you will not be relieved from your obligation to repay Fluz for such transactions.
Section 7 – Additional Blocking of Transactions
We reserve the right to block use of a Fluz Card for any reason in our sole discretion, including the security of the card, the suspicion of unauthorized or fraudulent use of the card, or if the card is used in breach of these Terms, any Mastercard rules, or applicable law or at Issuer’s direction.
Section 8 – Costs associated with the Fluz Card
There are no sign up fees, monthly account fees, in-activity fees associated with the Fluz Card. The Fluz Card charges only an International Currency Fee as described below. There may be third-party costs associated with your repayment source option, such as late fees or returned payment fees. Please review the disclosures and customer agreement terms for more information about pricing for those products.
There is an International Currency Fee that will be charged as detailed in these Terms in the Section titled “Purchases Made In Foreign Currencies” below.
Section 9 – Fluz Rewards Program
Section 10 – Personal Identification Number
You will not receive a Personal Identification Number (“PIN”) in connection with the Fluz Card.
Section 11 – Liability for Unauthorized Transactions; No Additional Authorized Users
The Fluz Card is created and used from the Fluz member portal in the Fluz App. Do not disclose your online username, password, passcode, challenge questions, and any other security information used to access your Fluz App (“Access Information”) to anyone. If your Access Information is lost or stolen, anyone who obtains possession of either may use the Fluz App to generate a Fluz Card. Except as otherwise required by law, you are responsible for all Fluz Card transactions generated through your Fluz App, including unauthorized transactions.
If you believe your Fluz member account or Access Information has been compromised, or in the case of errors, contact Customer Service IMMEDIATELY by calling +1 929-357-2780, or the Customer Service phone number listed in the Fluz App. We reserve the right to ask you to put your notice in writing and to ask you for additional information regarding such errors but will address the compromise immediately upon speaking with Customer Service.
You may request a written history of your transactions at any time by calling us at the customer service number provided on the first page of these Terms. You may also write to Fluz at Fluz Fluz LLC, 234 Fifth Ave 2nd Floor, NY, NY 10001.
The Fluz Card is only for your use. You should never allow another person to use the Fluz Cards service on your behalf.
Section 12 – Disputes with your Repayment Source
When you contest a transaction with your external repayment source (such as your linked bank account or debit card), your rights when requesting reimbursement for a completed transaction are determined by the repayment source used to fund the applicable transaction. Each of your external repayment sources may provide you with different rights and resolution procedures for resolving disputes. Please consult the terms and conditions of your repayment source to better understand your rights and their resolution procedures. All inquiries about a third-party dispute should be directed to the external repayment source.
Section 13 – Important Information About the USA Patriot Act
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 an account. What this means for you: In order to generate and use a Fluz Card, we will ask you for your name, address, date of birth. When you reach the limits listed below you will be asked to provide further information including your Social Security number or a valid government ID number as required by us. We may also ask to see your driver’s license, a picture of your face taken with your mobile phone or other identifying information.
|Daily Limit of Fluz Card Not Requiring Full Identification|
Once you have purchased $1000 in Fluz Card in a day we will ask for further identification upon your next purchase in that day.
|Monthly Limit of Fluz Virtual One Time Mastercard Card Not Requiring Full Identification|
Once you have purchased $2000 in Fluz Cards in a 7-day period we will ask for further identification upon your next purchase in that during that time frame
|Total Limit of Fluz Card Not Requiring Full Identification|
Once you have purchased $6000 in Fluz Cards you will be required to provide further identification before you can purchase any other Fluz Cards
|Maximum Balance on the Fluz Card||$9,999|
Section 14 – Fluz Card Features and Restrictions
The following restrictions apply to your use of the Fluz Card.
Spend Amounts. Your daily spending limit when using the Fluz Card is the lesser of $10,000.00 or the spending limit on your selected repayment method. Only Fluz can load funds on to a Fluz Card that you have requested under this Agreement. You cannot load or otherwise directly add amounts on to the Fluz Card. See the section above titled “Using the Fluz Card” above for more information on how to request a Fluz Card in the Fluz App or member portal and use the Fluz Card to complete a purchase. The Issuer will deny a requested Fluz Card transaction if Fluz has reason to believe that it will not be able to initiate a charge to your selected repayment method, or if Fluz otherwise believes that Fluz will not be able to obtain repayment from you after you have completed the requested purchase.
Transactions Final. Once initiated, purchases made with the Fluz Card will be final unless refunded by the merchant in accordance with these Terms. The transaction cannot be cancelled.
No Preauthorized Debits. You may not make preauthorized regular payments or other recurring payments using the Fluz Card.
Additional Limits and Restrictions on Use. From time to time, Issuer may increase or decrease the limits or add additional limits to your use of the Fluz Card in Issuer’s sole discretion without notice to you except as required by law, for security, risk or other reasons.
Section 15 – Purchases Made in Foreign Currencies
If the transaction is in a foreign currency, or you otherwise need to pay for a payment transaction in a foreign currency, the amount deducted from your funds will be converted by Mastercard into an amount in the currency of your Fluz Card. The exchange rate between the payment transaction currency and the billing currency used for processing international transaction is a rate selected by Mastercard from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Mastercard itself received; or the government-mandated rate in effect for the applicable central processing date. If you make a foreign transaction, a currency conversion fee equal to 3% of your transaction amount will be added to the payment transaction Amount. This fee is independent of any of the currency conversion rates established by Mastercard U.S.A., Inc. If you return an item for credit in a foreign transaction, we will not refund any foreign transaction fee that may have been charged on our original purchase.
Section 16 – Other Terms
The Fluz Card and your obligations under these Terms may not be assigned by you to any other person or entity. We may transfer our rights under these Terms to any affiliate. Use of the Fluz Card is subject to all applicable rules and customs of any payment networks, clearinghouse or other association involved in payment transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of these Terms 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 these Terms shall not be affected. These Terms will be governed by the law of the State of Connecticut without reference to its conflict of laws rules, except to the extent governed by federal law.
Section 17 – No Warranty Regarding Goods or Services as Applicable; Returns and Refunds
Neither Issuer nor Fluz is responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Fluz Card. Any disputes or issues with any goods or services you purchase with your Fluz Card should be addressed to the merchants or individuals from whom the goods and services were purchased.
Section 18 – Amendment and Cancellation
We may amend or change the terms and conditions of these Terms at any time by providing you email notice with a link to the amended or changed Terms. We will use commercially reasonable efforts to notify you of any change in the manner provided by these Terms prior to the effective date of the change. However, if the change is made for security purposes or to comply with applicable law, we can implement such change without prior notice. We may cancel or suspend your Fluz Card at any time. Cancellation of the Fluz Card will not affect any of our rights or your obligations arising under these Terms prior to termination.
Section 19 – English Language Controls
Any translation of these Terms are 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.
Section 20 – Disclaimers and Limitation of Liability
NEITHER ISSUER NOR FLUZ MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE FLUZ CARD SERVICE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF A FLUZ CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND ISSUER AND FLUZ’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH FLUZ CARD. FOR THE AVOIDANCE OF DOUBT, AS USED IN THIS SECTION 20 “ISSUER,” “WE,” “US,” AND “OUR” INCLUDE ANY PARTIES WITH WHOM THE ISSUER CONTRACTS TO PROVIDE THE CARD SERVICES.
IN NO EVENT SHALL ISSUER, FLUZ, OR THEIR RESPECTIVE AFFILIATES HAVE ANY LIABILITY (A) FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A FLUZ CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) FOR ANY DAMAGES RESULTING FROM ANY CIRCUMSTANCES BEYOND THEIR CONTROL; (C) IF THE USE OF THE FLUZ CARD IS SUSPENDED OR PROHIBITED BECAUSE ACCESS INFORMATION HAS BEEN REPORTED LOST OR STOLEN, OR IS BELIEVED TO BE USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BELIEVED TO BE SUBJECTED TO UNAUTHORIZED USE; OR (D) IF A FLUZ CARD CANNOT BE USED BECAUSE A MERCHANT’S SYSTEM IS NOT WORKING PROPERLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Section 21 – Indemnification
You agree to hold harmless and indemnify Issuer and Fluz and their subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the Fluz Card service or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, either Issuer or Fluz will provide you with written notice of such claim, suit or action. For the avoidance of doubt, as used in this Section 21 “Issuer”, “we”, “us” and “our” include any parties with whom the Issuer contracts to issue the Fluz Cards.
Section 22 – Arbitration Provision
This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. You may reject this Arbitration Provision by sending us a written notice which gives your name, address, email address, and each Card number with a statement that you reject the Arbitration Provision. The rejection notice must be sent by certified mail, return receipt requested, to 234 Fifth Ave 2nd Floor NY, NY 10001, Attn: Arbitration Rejection Notice. A rejection notice must be signed by you and received by us within 45 days after the date you receive the first Card issued under this Agreement. Rejection of arbitration will not affect any other term of this Agreement. For the avoidance of doubt, as used in this Section 22 “Issuer”, “we”, “us” and “our” include any parties with whom the Issuer contracts to issue the Fluz Cards.
(a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and Fluz Fluz, LLC as Program Manager for the Fluz Virtual One Time Mastercard Card or any of its agents or retailers, arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement or any of the foregoing. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims, claims based upon contract, tort, fraud and other intentional torts, consumer rights, statutes, regulations, ordinances, common law and equity, and claims which arose before the date of this Agreement. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any additional cardholders designated by you; (ii) the amount of available funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, or goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; (v) data breach or privacy claims arising from or relating directly or indirectly to our disclosure of any non-public personal information about you; (vi) collection of any debt and the manner of collection; and (vii) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any individual Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any Claim that is appealed, transferred or removed from that court shall be subject to arbitration. Also, “Claim” does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof; all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this Agreement as a whole; any such Claim is for the arbitrator, not a court, to decide. Even if all parties have opted to litigate a Claim in court, you or we may elect arbitration with respect to any Claim made by a new party or any Claim later asserted by a party in that or any related or unrelated lawsuit (including a Claim initially asserted on an individual basis but modified to be asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. As solely used in this Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, the Program Manager, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.
(b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 120 Broadway, Floor 21, New York, NY 10271; website at www.adr.org. If both JAMS and the AAA are unable to serve as administrator and we cannot agree on a replacement, a court with jurisdiction will appoint the administrator or arbitrator.
(c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ARBITRATION. THE ARBITRATOR SHALL NOT JOIN OR CONSOLIDATE CLAIMS EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
(d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action or private attorney general basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. This section of this Arbitration Provision is the “Class Action Waiver.” (Special procedures apply to Claims that seek public injunctive relief, as set forth below).
(e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing, administrative and/or hearing fees for any individual Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.
(f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that this Arbitration Provision shall control if it is inconsistent with the applicable Code or with other provisions of this Agreement. The arbitrator will be selected under the administrator’s rules, except that the arbitrator must be a lawyer with experience in the subject matter of the Claim or a retired judge, unless you and we agree otherwise in writing.
The arbitrator shall apply the applicable substantive law, consistent with the FAA, that would apply if an individual matter had been brought in court. The arbitrator may award any damages or other relief of remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable, and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the administrator’s rules or applicable law. The arbitrator shall apply applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, if the amount in controversy exceeds, $50,000, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding except for any appeal rights under the FAA.
(g) No Preclusive Effect: No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.
(h) Continuation and Severance: This Arbitration Provision shall survive cancellation, suspension, revocation or termination of your Card or this Agreement as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is held to be invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity except that: (A) If the Class Action Waiver is declared unenforceable in a proceeding between you and us with respect to a Claim that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, this entire Arbitration Provision (except for this sentence) shall be null and void in such proceeding; and (B) If a claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver and/or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim, and that determination becomes final after all appeals have been exhausted, the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a Claim for class-wide or public injunctive relief be arbitrated.
Section 23 – Delivery of Electronic Communications
The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically and failure to consent will result in a declined application for a Fluz Virtual One Time Mastercard Card, except as provided below.
Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic Communications includes, but is not limited to:
- All legal and regulatory disclosures and communications associated with your Card Account and any related products or services
- Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
- Privacy policies and notices
- Error resolution policies and notices
- Responses to claims filed in connection with your Card Account
- Notices regarding insufficient funds or negative balances
Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications at https://fluz.app
How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by calling the number on the back of your Card, +1 929-357-2780 or by visiting fluz.app or by writing to the Program Manager Fluz Fluz LLC 234 Fifth Ave 2nd Floor NY, NY 10001. If you do withdraw your consent, we will close your Card Account, except where prohibited by law. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
How to Update Your Records. It is your responsibility to provide us with your true, accurate and complete e-mail address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through fluz.app or by calling the number on the back of your Card or +1 929-357-2780.
Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:
- An Internet browser that supports 248-bit encryption
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
- An e-mail account with an Internet service provider and e-mail software
- A supported internet browser such as Microsoft Edge, Chrome or Safari
- A personal computer (2.0 GHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software.
Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call the number on the back of your Card, +1 929-357-2780, or visit fluz.app or write to the Program Manager at Fluz Fluz LLC 234 Fifth Ave 2nd Floor NY, NY 10001.
Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
|FACTS||WHAT DOES METROPOLITAN COMMERCIAL BANK DO WITH YOUR PERSONAL INFORMATION?|
|Why?||Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.|
|What?||The types of personal information we collect and share depend on the product or service you have with us. This information can include:|
▪ Social Security number ▪ Account transactions
▪ Account balances ▪ Checking account information
▪ Transaction history ▪ Wire transfer instructions
When you are no longer our customer, we continue to share your information as described in this notice.
|How?||All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Metropolitan Commercial Bank chooses to share; and whether you can limit this sharing.|
|Reasons we can share your personal information||Does Metropolitan Commercial Bank share?||Can you limit this sharing?|
|For our everyday business purposes –|
such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
|For our marketing purposes –|
to offer our products and services to you
|For joint marketing with other financial companies||Yes||No|
|For our affiliates’ everyday business purposes –|
Information about your transactions and experiences
|No||We don’t share|
|For our affiliates’ everyday business purposes –|
Information about your creditworthiness
|No||We don’t share|
|For nonaffiliates to market to you||No||We don’t share|
|Questions?||Call 1-866-363-8226 or go to www.mcbankny.com|
|What we do|
|How does Metropolitan Commercial Bank protect my personal information?||To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.|
We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.
|How does Metropolitan Commercial Bank collect my personal information?||We collect your personal information, for example, when you|
We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
|Why can’t I limit all sharing?||Federal law gives you the right to limit only|
State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.
|Affiliates||Companies related by common ownership or control. They can be financial and nonfinancial companies.|
|Nonaffiliates||Companies not related by common ownership or control. They can be financial and nonfinancial companies.|
|Joint marketing||A formal agreement between nonaffiliated financial companies that together market financial products or services to you.|
|Other important information|
|For Alaska, Illinois, Maryland, and North Dakota Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing without your authorization.|
For Massachusetts, Mississippi, and New Jersey Customers. We will not share personal information from deposit or share relationships with nonaffiliates either for them to market to you or for joint marketing without your authorization.
For Vermont Customers.