Money Network Web Site and Mobile Application
Terms and Conditions of Use
This Agreement sets forth the terms and conditions (the “Terms”) for use of the Money Network Web Site (the “Web Site”) and the Money Network Mobile Application (“App”) offered by Money Network LLC (“Money Network”, “we”, “our”, “us”) to you as a Money Network Account holder (“you”, “your” or “User”) and the services that are provided via the Web Site and the App. Depending upon the program you participate in, you may or may not have all the features and functionality referenced in these terms and conditions of use (the “Terms of Use”). Some of the features and functionality described in these Terms of Use are only accessible through the App and not the Web Site.
ACCEPTANCE. By accessing or using the Web Site or the App, or both, as provided by us, you signify your assent to, and agreement with these Terms of Use and you represent and warrant that you have the authority to download and use the App and to agree to these Terms of Use. If you use the Web Site or the App you agree to these Terms of Use. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with any other party for products or services including but not limited to your Money Network Account’s terms and conditions.
Money Network reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If Money Network makes changes to these Terms of Use, we will provide notice of such changes through the App, by email and/or by updating these Terms of Use (as indicated by the “Last Updated” date found at the top of these Terms of Use) on the Web Site found at www.moneynetwork.com. You agree to receive notifications through these means and your continued use of the Web Site or the App will indicate your acceptance of the revised Terms of Use.
If you do not agree to any amended Terms of Use, you must stop using the Web Site and the App. In such an event, the then applicable Terms of Use will continue to apply to your prior usage of the Web Site and the App. Each time you use the Web Site or the App, you reaffirm your acceptance and agreement to the then-current version of the Terms of Use.
For the avoidance of doubt, you acknowledge and agree that these Terms of Use do not replace or supersede the terms and conditions applicable to your Money Network Card, Money Network Service or Money Network Account and you remain subject to the Money Network Account terms and conditions.
BY USING THIS WEB SITE OR THE APP YOU WILL BE BOUND TO THESE TERMS OF USE. WE RECOMMEND THAT YOU READ THEM CAREFULLY BEFORE USING THE WEB SITE OR THE APP.
YOUR OBLIGATIONS.
A. Account Ownership / Accurate Information
In order to use the Web Site or the App, you are required to open and maintain a Money Network Account. To access the App you must have a mobile device which uses an Android or iOS operating system. You agree to: (i) provide accurate, current and complete information for your Money Network Account; (ii) maintain and promptly update your account information to keep it accurate current and complete (including but not limited to you residential street address); (iii) maintain the security of your account and accept all risks of unauthorized access to your account; and (iv) promptly notify Money Network if you discover or otherwise suspect any security breaches related to the Web Site or the App. You represent and agree that you have the right to provide all such information to us for the purpose of using our Web Site and our App. You represent and warrant that you are the legal owner of the Money Network Account and other financial information which may be accessed via the Web Site and the App. You agree not to misrepresent your identity or your Money Network Account information. You agree to keep your Money Network Account information up to date and accurate. You represent that you are an authorized user of the computer or mobile device you will use to access the Web Site and the App.
B. User Security
You agree not to give or make available your User ID, Password or other means to access the Web Site or App to any unauthorized individuals. You are responsible for transfers or other transactions you authorize using the Web Site or App. If you permit other persons to use your computer, mobile device, User ID or Password or other means to access your Money Network Account through the Web Site or App, you agree that you are responsible for any transactions they make. If you believe that your User ID, Password, computer or other means to access your Money Network Account through our Web Site or App has been lost or stolen or that someone may attempt to use our Web Site or App to access your Money Network Account or has transferred money without your consent, you must notify us promptly at 888.913.0900 or the number on the back of your Money Network Card. Details are provided in the terms and conditions to your Money Network Account.
We make no representation that any content or use of the Web Site or the App is available for use in locations outside the United States. Accessing the Web Site and the App from locations outside of the United States is at your own risk.
You agree: (a) that the Web Site and the App are intended for personal, non-commercial use; (b) to maintain all equipment necessary for your access to and use of the Web Site and the App; (c) to maintain the security of your User ID, Password and other confidential information relating to your use of the Web Site and the App; (d) to be responsible for any loss or claim arising as a result of any unauthorized use; (e) to take all reasonable steps to prevent any unauthorized use, including by not sharing your Password and by changing your Password periodically; and (f) to update your personal information, including your mobile phone number, device ID (i.e. SIM card number or equivalent) and e-mail address on a regular basis. You agree to promptly notify Money Network in writing in the event you feel there has been any breach of security. You acknowledge that the App has the ability to track and identify your location and movements. You further consent to the collection, storage and disclosure of such locating and tracking information to persons or entities who have a need to know such information. You will not, nor will you allow third parties to: (a) make or distribute copies of the Web Site or the App; (b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate or attempt to derive the source code of the Web Site or the App; (c) create derivative works of the Web Site or the App of any kind whatsoever; or (d) use the Web Site or the App for any use other than its intended use.
You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Web Site or the App. As a result, you may be charged by the Mobile Provider for access to network connection services, including data usage services, for the duration of the connection while accessing the Web Site or the App or any such other charges as may arise. You accept responsibility for any and all such charges. If you are not the bill payer for the mobile telephone or handheld device being used to access the Web Site or the App, you will be assumed to have received permission from the bill payer for using the device to access the Web Site or the App. We will not be responsible or liable to you for: (i) the capabilities or reliability of any equipment or software used to access the Web Site or the App; (ii) the unavailability of your wireless service, network delays, limitations on wireless coverage, system outages or interruption of a wireless connection; and (iii) any damage or alternation to your handheld device or mobile telephone as a result of the installation or use of the Web Site or the App.
LINKS TO THIRD PARTY PROVIDERS. Money Network may contain links to third-party websites, apps and services providing additional features and functionality to enhance your use of the Web Site and the App (“Third Party Providers”). The links are provided solely as a convenience to you and not as an endorsement by Money Network of the content of the Third Party Provider web sites or applications. Money Network does not control, and makes no representation or warranties of any kind regarding any Third Party Provider’s website, applications or service including, but not limited to, the content, integrity, accuracy, quality, nature, appropriateness, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. Money Network is not responsible and assumes no liability for the information, content or software of such Third Party Provider web sites, applications and services. If you decide to access Third Party Provider web sites, applications and service, you do so at your own risk.
FEATURES AND FUNCTIONALITY. Money Network attempts to be as accurate as possible in its descriptions of the features and functionality of the service, the Web Site and the App. However, Money Network does not warrant that any description including those set forth in this Section or the Qs and As are accurate, complete, reliable, current or error free. Depending upon the program your Money Network Account is a part of, you may or may not have access to the features and functionality referenced in this Section.
A. Registration. You can generate a User ID and Password either on the Web Site or through the App’s built-in registration process. Upon initial login into the App, you can use your User ID and Password you created on the Web Site, if you have one. If you have not created a User ID and Password using the Web Site, you can use the App’s built-in registration process to create a User ID and Password. For more information see the Registration Qs and As below.
B. Activity. Once you login into the App, the first thing you will see will be the Activity screen. Activity will display your latest available balance (your balance less money placed into a Piggy Bank) and any Piggy Bank balance and your transaction history. From Activity, you will be able to view up to two years of transaction history that you can filter by date range or transaction type such as: withdrawals; deposits; and, fees. You can navigate from Activity to Piggy Bank and other features in the App. For more information see the Registration Qs and As below.
C. Quick View. After you have signed out of the App and depending upon your settings in the App, on the Quick View screen you will see a refreshed version of either your balance and your last ten transactions or just your balance. You will not be able to see a Piggy Bank from Quick View. For more information see the Quick View Qs and As below.
D. Notifications. While in the App, you can select the types of notifications you want to receive from a menu on the App’s settings page. Notifications include: Deposits; Purchases; ATM Withdrawal; Purchase Over; and, Balance Under. Once you select a particular notification, you will be able to turn on or turn off the notification. If you have questions about a particular notification, you can select the “I” symbol and an explanation of the notification will be displayed. For more information see the Qs and As below.
E. ATMs and More. By inputting the “Use My Location” or entering a zip code or City and State, you can search for in network ATMs, Money Network check cashing locations or cash reload centers. You may not have access to all of these services depending upon the features and functionality that are available with your program. For more information see the Qs and As below.
F. Bill Pay. Money Network contracts from time to time with a Third Party Provider to provide you with a way for you to maintain a list of billers and pay your bills by using either the App or the Web Site. Depending upon the biller and the payment time you select there could be fees associated with paying a bill using Bill Pay.
G. Move Money. With Move Money, you can send money via ACH to an external account by using either the Web Site or the App. Also, you can Move Money into or out of a Piggy Bank by using the App. For more information see the Qs and As regarding Move Money below.
H. Piggy Bank.
Requirements. A Piggy Bank is a money management tool only available to you through the use of the App. Piggy Bank will allow you to control your spending, ear mark and set aside money for specific purposes. You must have a mobile device to use Piggy Bank.
Creating a Piggy Bank. Piggy Banks can only be created with the App. You can use the App to create multiple Piggy Banks within your Money Network Account. Piggy Banks are not separate accounts. Each Piggy Bank is a transaction ledger attached to your Money Network Account.
Fees. You will not be charged a fee to set up a Piggy Bank and move money into or out of a Piggy Bank.
Use of Money Placed in Your Account’s Piggy Bank. Money you place in your Piggy Bank is restricted from spending. Absent a Move Money transaction, you can only spend money directly from your Account’s Piggy Bank through a Bill Payment. You cannot use money placed in your Account’s Piggy Bank to: (i) withdraw cash over the counter or from an ATM; (ii) purchase goods or services; (iii) pay bills by phone, online, or in person. To freely spend money in your Piggy Bank, you must move the money out of your Piggy Bank. You cannot use money you hold in a Piggy Bank to automatically cover insufficient funds with your available balance. However, in the event your Money Network Account incurs a fee and your available balance is not sufficient to cover the fee, money will automatically be transferred from your Piggy Bank to cover the fee.
Balance Available. Money moved into a Piggy Bank will not be included in the available balance for your Account. You will not see your Piggy Bank balance when conducting ATM and IVR transactions. ATM and IVR enquiries will only display your available balance (your balance less money placed into a Piggy Bank) and not your Piggy Bank balance.
Piggy Bank Balance. Piggy Bank balances will be displayed only on the Web Site and the App. The Web Site and the App will display separately both your available balance and your Piggy Bank balance. In order to determine the total amount of all money in your Money Network Account you will need to add the available balance and your Piggy Bank balances.
Moving Money In and Out of Piggy Bank. You may only transfer money in or out of a Piggy Bank by using the App. Using the App, you may make as many transfers in or out of a Piggy Bank as you like. You can move money in and out of Piggy Bank by visiting “Piggy Bank” or “Move Money.” When transferring money under “Move Money,” be sure to select “Within Money Network” and select one of your Piggy Banks for the transfer. Customer Service will not be able to assist you in transferring money in or out of a Piggy Bank. Transfers of money in and out of Piggy Bank are instant but do not result in actual funds movement since the money is always in your account.
Deleting a Piggy Bank. You can only delete a Piggy Bank through the App or the Web Site. From the Web Site you can delete all of the Piggy Banks that you have set up. Form the App you select and individually delete a specific Piggy Bank that you have set up.
Additional Information. For more information see the Qs and As regarding Piggy Bank below.
LICENSE. Subject to your compliance with these Terms of Use, Money Network grants you a limited, revocable, non-exclusive, non-transferable, non-sub licensable license to access and use the Web Site and the App, solely for its intended use and only as allowed by law. You must not, and by your use of the Web Site or the App, you agree not to misuse the Web Site or the App in any way.
CANCELLATION. You may be denied access to the Web Site or the App at any time without notice. Money Network reserves the right, in its sole discretion, without any obligation and without any notice requirement to you, to change, improve or correct information, materials and descriptions on the Web Site or the App. The information and materials on the Web Site or the App may contain typographical errors or inaccuracies that Money Network is under no obligation to correct. Any dated information on the Web Site or the App is published as of its date only and Money Network does not undertake any obligation or responsibility to update or amend any such information.
WAIVER, RELEASE AND LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MONEY NETWORK, ITS AFFILIATES, OR LICENSORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEB SITE OR APP INCLUDING BUT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS, OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION), HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. TO THE EXTENT PERMITEED BY APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MONEY NETWORK, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CLIENTS, CONSULTANTS, INFORMATION PROVIDERS AND SUPPLIERS FOR ANY AND ALL LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE OR THE APP. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE WEB SITE AND THE APP AND ANY MATERIAL OR SERVICES OBTAINED OR ACCESSED VIA THE WEB SITE OR THE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THEIR USE. THE WEB SITE, THE APP, AND ALL RELATED SERVICES AND CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONEY NETWORK DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEB SITE OR THE APP, AND ALL RELATED CONTENT OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE WEB SITE OR THE APP. MONEY NETWORK DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL PROVIDED THROUGH THE WEB SITE OR THE APP. MONEY NETWORK MAKES NO WARRANTY OR GUARANTEE THAT THE WEB SITE OR THE APPL WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. MONEY NETWORK DOES NOT WARRANT OR GUARANTEE THAT THE WE SITE OR THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING PROVISIONS WILL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. MONEY NETWORK WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BASED UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEB SITE OR THE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to indemnify and hold harmless Money Network, its affiliates, subsidiaries, officers, directors, employees, agents, clients, consultants, information providers, and suppliers, from and against any and all claims, actions, or demands, losses, liabilities, damages, costs and expenses (including, but not limited to, attorneys’ fees incurred by Money Network in connection with your violation of any third party’s rights) arising from your use of the Web Site, the App, your violation of these Terms of Use or your violation of any third party’s rights. Some jurisdictions may not allow us to enforce the terms of this indemnification, so some portions of this provision may not apply to you.
INTELLECTUAL PROPERTY. The Web Site and the App are protected under United States intellectual property law. The trademarks, trade names, logos, service marks, product names, and company names appearing on the Web Site and the App (collectively, the “Trademarks”) are entitled to protection by law. Under no circumstances will anything appearing on the Web Site or the App be construed as granting, whether by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed (or any other intellectual property) on the Web Site or the App. Misuse of Trademarks or any intellectual property appearing on the Web Site or the App is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on the Web Site or the App. Notwithstanding copyright protection of individual elements appearing on the Web Site or the App, the Web Site and the App are protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained on the Web Site or the App.
CHOICE OF LAW / VENUE / JURY. You and Money Network agree that the substantive law of the Delaware (exclusive of conflict and choice of law rules) will: (a) govern these Terms of Use; (b) be used to construe and enforce all rights and duties of the parties arising from or in any way relating to the subject matter of these Terms of Use; and (c) apply to all claims between the parties, including counterclaims and tort claims.
You and Money Network agree that any litigation involving any claim, regardless of whether the claim is in contract, tort (including negligence), or otherwise or is legal or equitable in nature, that arises out of these Terms of Use or that relates to the Web Site, the App, or the subject matter of these Terms of Use will be brought exclusively in any appropriate state or federal court located in or serving New Castle County, Delaware. In addition, each party: (a) consents to submit itself to the exclusive personal jurisdiction of the state and federal courts located in or serving New Castle County, Delaware; (b) expressly agrees to waive all challenges to the jurisdiction of or venue in such courts based on lack of jurisdiction or inconvenient or improper venue; and (c) agrees that it will not bring any claim that arises out of these Terms of Use or that relates to the Web Site, the App, or the subject matter of these Terms of Use in any court other than the foregoing courts.
EACH PARTY AGREES TO WAIVE ITS RIGHT TO A JURY TRIAL FOR ALL CLAIMS, INCLUDING COUNTERCLAIMS AND TORT CLAIMS, THAT ARISE OUT OF THESE TERMS OF USE OR THAT RELATES TO THE SITE, THE APPLICATION, OR THE SUBJECT MATTER OF THESE TERMS OF USE.
ELIGIBILITY. By using the Site or the App, you represent that you have reached the age of majority where you live, that you have the legal ability to agree to these Terms of Use, and that you will only use the Site and the App in accordance with these Terms of Use.
CONSENT TO USE OF DATA. You agree that Money Network and its licensors may collect and use technical data and related information, including but not limited to technical information about your computer, mobile device, system and application software, and peripherals. The App uses third-party software including web beacons and cookies to collect information from visitors and to compile aggregate statistical information about how visitors use the Web Site or the App. This information includes the frequency of visits, the average length of visits, which pages are viewed during a visit, and the effectiveness of content and features associated with the App. Money Network uses this information to improve content and performance of the App. No personal identifiable information is shared with any third party. If you allow the App to “remember” your User ID, it will also create an encrypted version of your User ID which is accessible only by the App and not by outside parties.
NOTICE. Money Network may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the Web Site or the App, or by written communication delivered by first class U.S. mail to your address on record. Notice given pursuant to any such method will be binding and effective on you for all purposes.
OUR ADDRESS.
Money Network Financial, LLC
5565 Glenridge Connector, N.E.
Mail Stop GH-52
Atlanta, GA 30342
MISCELLANEOUS. Any failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any such provision is found to be invalid or contrary to law, then it shall be ineffective only to the extent of such invalidity, so that the remaining provisions shall be valid and enforceable. You agree that regardless of any statute, law, regulation, or other legal requirement or prohibition to the contrary, any claim or cause of action arising out of or related to your use of the Web Site or the App must be commenced within one (1) year after such claim or cause of action first arose or you waive your right to pursue such claim or cause of action. These Terms of Use constitute the entire and only agreement between Money Network and you with respect to the Web Site and the App, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with you with respect to the Web Site and the App. For the avoidance of doubt, you agree that nothing in these Terms of Use is intended to change, modify or supersede the applicable terms and conditions of your Money Network card or account, which shall continue to be governed by the applicable terms and conditions of your Money Network Account. You understand and agree that you are entering into these Terms of Use electronically, which will have the same force and effect as an agreement in writing.