North Shore Bank Wallet Agreement Terms and Conditions

  

02/19/2014

This Agreement contains the terms and conditions for the use of the MasterPassTM by MasterCard®  International Incorporated (“MasterCard® ”) digital wallet service that makes online shopping safe and easy by storing all of your payment and shipping information in one convenient and secure place and will transmit that information at your request to online merchants that display the MasterPassTM checkout mark (the “MasterPassTM Checkout Button”) on their website, mobile site or smart device application.  This MasterPassTM digital wallet service hereinafter will be referred to as the “North Shore Bank Wallet” or the “Wallet”.  The North Shore Bank Wallet web site allows you to register for and manage the open digital wallet service.  In this Agreement the words “Bank”, “our,” “us,” or “we” mean North Shore Bank.  All of the information for your Cards and Rewards Numbers and your shipping information are collectively referred to in this Agreement as your “Payment Information.”  The words “you” or “your” mean the person who accessed the web site and who represents and warrants to be at least 18 years of age, capable of entering into a legally binding agreement, and a legal resident of the United States. If you are entering into these Terms and Conditions on behalf of a company or other legal entity, you further represent and warrant that you have the authority to bind such legal entity, such legal entity is authorized to conduct business by the state in which you operate, and all employees, officers, agents and other representatives of such legal entity who use your North Shore Bank Wallet are duly authorized to access it and to engage in transactions using your North Shore Bank Wallet  The word “Site” means; https://MasterPass.com/Wallet/northshorebank/Home or such other website that we may establish for the North Shore Bank Wallet.

Fees.  The North Shore Bank Wallet is currently provided at no charge to you. We may, upon at least 30 days prior notice to you, to the extent required by Applicable Law, charge a fee for use of this Wallet. If you continue to use this Wallet after the fee becomes effective, you agree to pay the service fee that has been disclosed to you, as may be amended from time to time

Acceptance of these Terms. Your use of the North Shore Bank Wallet Site constitutes your acceptance of this Agreement. This Agreement is subject to change from time to time. We will notify you of any material change or via e-mail or on our website(s) by providing a link to the revised Agreement. We will provide you with advance notice of any changes to the terms of this Agreement when required to do so by Applicable Law. Your continued use of this Wallet after we provide you notice of changes will indicate your acceptance of the revised Agreement.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT register for a North Shore Bank WALLET.

 Setting Up Your MasterPassTM Wallet You may register for a North Shore Bank Wallet by providing North Shore Bank with the information set forth on the North Shore Bank Wallet registration pages, including a valid email address and mobile phone number, security question/answer, sign-in message, and password. You may then store payment information (card number and expiration date), billing information and other information for your credit, debit and reloadable prepaid cards (“Cards”), rewards cards  (“Rewards Numbers”) supported by MasterPassTM (as indicated on the registration pages), along with your preferred shipping information.

Protecting Your Account Information.  You are responsible for keeping your North Shore Bank Wallet password secure and for all activities that occur through your North Shore Bank Wallet, including the activities of others and regardless of whether such activities are authorized. You agree to immediately notify North Shore bank of any breach or unauthorized use of your North Shore Bank Wallet. North Shore Bank reserves the right to require you to change your password(s) if we believe your password(s) is no longer secure.  Neither North Shore Bank nor its agents will be liable for any loss or damages of any kind that may arise as a result of the unauthorized use of your North Shore Bank or any Payment Information, either with or without your knowledge; however, you may be held liable for any losses incurred by North Shore Bank or another party due to someone else using your North Shore Bank Wallet or Payment Information.

You are solely responsible for maintaining up-to-date and accurate information pertaining to your Wallet including without limitation all Payment Information. NORTH SHORE BANK does not represent or warrant the authenticity, validity, accuracy or completeness of the Payment Information NORTH SHORE BANK transmits on your behalf. 

Using Your MasterPassTM Wallet When you click the “Review Your Order” button on the MasterPassTM -connected wallet, MasterCard®  will transmit your selected Payment Information to the MasterPassTM Merchant.  After the MasterPassTM Merchant receives your Payment Information, it will submit the transaction for processing (as usual).
Each transaction is a contractual relationship directly between you and the MasterPassTM Merchant and the MasterPassTM Merchant’s terms and conditions shall govern all aspects of that transaction. North Shore Bank is not involved in processing your transaction and has no liability to you with respect to such transaction or the MasterPassTM Merchant.

Use of Your Payment Information You are solely responsible for ensuring your use of the Wallet complies with the terms and conditions that govern your Cards and Rewards Numbers that you store in and use through your North Shore Bank Wallet. You also are responsible for all charges and/or debits to your Cards and/or Rewards Numbers that result from transactions made using your Payment Information, including without limitation, the handling, processing and transmission of funds for any third party. You are solely responsible for reporting and paying any applicable taxes arising from transactions originated using your Payment Information and you shall comply with any and all applicable tax laws in connection therewith.
Resolution of Transaction Issues If you have any concerns with respect to any transaction made using your North Shore Bank Wallet, you must contact the merchant with which you entered into that transaction. You may also have certain rights and protections that are provided to you.  These can be found in the North Shore Bank Understanding Your Deposit Accounts Agreement and ATM and Debit Card Rules.

Rite to Use Site Content.  NORTH SHORE BANK RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING ANY USE OF RIGHTS.

Text Messages, Location Based Information and Use of Mobile Applications If you have a mobile carrier that supports text messages, when you register for a North Shore Bank Wallet, you may elect to receive various notices in the form of text messages sent to your mobile phone.  By making that election, you expressly agree and consent to receive those text messages.  Your standard messaging, airtime, and data rates will apply.  The number of messages you will receive each month will vary according to the number of transactions you make and the preferences you select during the registration process. You may change your preferences at any time by logging in to your North Shore Bank Wallet and editing your preferences.  You may also text “STOP,” “ENDVER,” “ENDNOT,” or “ENDMKT” to 74920 to stop receiving text messages.  Text messages are currently supported by the following mobile carriers: AT&T, CBW, nTelos, U.S. Cellular, Sprint, Nextel, Boost, Virgin Mobile, Verizon Wireless, T Mobile, Alltel, and Cricket.

If your mobile phone is off, out of range, or subject to a variety of other conditions, you may not receive all messages or messages may be delayed.  Cellular and other wireless transmission services and networks are inherently insecure and subject to service disruptions, weak or dropped signals, and other failures over which North Shore Bank has no control.  North Shore Bank assumes no responsibility or liability for any delays or failure to receive text messages or other MOBILE-BASED INFORMATION or any security breaches related to ANY OF the FOREGOING. 
You are responsible for any fees and penalties charged by your telecommunications provider or any other third party in connection with your use of North Shore Bank Wallet.

Products and Services Offered by MasterPassTM and Shop This Merchants Each purchase through your North Shore Bank Wallet of a product or service offered by a MasterPassTM Merchant (collectively, “Merchants”) is subject to the Merchant’s specific terms and conditions, which are set forth in the full description of such product or service and is a contractual relationship directly between you and the Merchant. The inclusion of a Merchant’s products or services in any product, service or technology that allows or requires you to checkout with your North Shore Bank Wallet does not constitute any approval, endorsement or warranty by North Shore Bank of such products or services or of the Merchant offering them.

Third Party Sites The North Shore Bank Wallet Site may contain third party content and links to third party sites or pop-ups served by or on behalf of third parties that are completely independent of this North Shore Bank Wallet Site and not owned or controlled by North Shore Bank.  Links to these third party sites are facilitated solely for the convenience of users and do not constitute any approval, endorsement or warranty by North Shore Bank. Moreover, North Shore Bank is not responsible for the content, security, operation, or use of any third party sites or the products or services that may be offered or obtained through them or for the accuracy, completeness, or reliability of any information obtained from a third party site. When you click on a link to or in a pop-up of a third party site, you will leave the services controlled by North Shore Bank. Any personal information you submit after you leave the Wallet Site, as applicable, will not be collected or controlled by North Shore Bank.  It will be subject to the privacy notice or terms of use applicable to the third party site. It is your responsibility to review those policies before submitted your information to the third party site and you provide your information at your own risk. You expressly relieve North Shore Bank from any and all loss, damages or other liabilities you incur as a result of your ACCESS TO OR use of any THIRD PARTY SITE.

Your RepresentationsYou represent and covenant that (a) the information you provide to North Shore Bank in connection with your registration for a North Shore Bank  Wallet and your use of the Site is true and correct; and (b) you will comply with these Terms and Conditions and all applicable local, state, federal, and international laws, rules, and regulations.

IndemnificationYou agree to indemnify and hold harmless North Shore Bank and its business partners, and its and their officers, directors, employees, representatives and affiliates (from and against any and all claims, liabilities, damages (actual and consequential), losses, fines, and expenses (including, but not limited to, legal and other professional fees and costs of investigation) arising from or in any way related to (a) your use of the Wallet Site; (b) your (or anyone using your North Shore Bank Wallet) breach of these Terms and Conditions or applicable law; (c) your negligence or willful misconduct; or (d) your violation of any third party’s rights, including without limitation, any intellectual property rights.

Disclaimer of Warranties The Site AND ALL CONTENT CONTAINED HEREIN are PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, or FITNESS FOR A PARTICULAR PURPOSE.  NORTH SHORE BANK DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN the WALLET SITE (including without limitation, any information related to the merchants’ products or services) or on any third party site WILL BE ACCURATE OR COMPLETE, OR THAT THE WALLET SITE OR ANY THIRD PARTY SITE WILL BE ERROR FREE, UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS, OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. NORTH SHORE BANK DOES NOT WARRANT THAT THE WALLET SITE WILL WORK ON YOUR HARDWARE, WITH YOUR OPERATING SYSTEMS, OR WITH ANY OTHER SOFTWARE INSTALLED ON YOUR COMPUTERS OR MOBILE DEVICES. INFORMATION OBTAINED BY YOU FROM NORTH SHORE BANK WILL NOT CREATE ANY WARRANTIES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SITE.  IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE SITE’S are SUITABLE AND ADEQUATE FOR YOUR NEEDS.

YOU SPECIFICALLY ACKNOWLEDGE THAT NORTH SHORE BANK does not have ANY CONTROL OVER YOUR TRANSACTIONS INITIATED through THE SITE WITH YOUR NORTH SHORE BANK WALLET or USING PAYMENT INFORMATION TRANSMITTED BY MASTERPASSTM ON YOUR BEHALF, AND NORTH SHORE BANK cannot ENSURE THAT all transactions will be completed or that THE PARTY WHO HAS ISSUED YOUR CARD OR REWARDS NUMBER, AS APPLICABLE, will authorize the transactions that you initiate.

Limitation of Liability REGARDLESS OF WHETHER ANY REMEDY IN THESE TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE; THE NORTH SHORE BANK PARTIES ARE NOT AND SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS AND CONDITIONS; (B) MASTERPASSTM, including YOUR USE OF THE SITE application; (C) any interruption in service related to THE SITE; (D) ANY CARD, REWARDS NUMBER, OR THIRD PARTY SITE; (E) ANY PRODUCT OR SERVICE OBTAINED THROUGH A TRANSACTION EXECUTED USING PAYMENT INFORMATION TRANSMITTED BY THE SITE WITH MASTERPASSTM; (F) THE ACTIONS OR INACTIONS OF ANY MASTERPASSTM MERCHANT (G) YOUR USE OF YOUR MOBILE DEVICE, INCLUDING ANY LACK OF ATTENTION TO YOUR SURROUNDINGS RESULTING FROM SUCH USE; OR (H) THE UNAUTHORIZED ACCESS BY ANY PARTY TO NORTH SHORE BANK’S SERVICES AND SYSTEMS, INCLUDING PERSONAL DATA,  EVEN IF ANY OF THE NORTH SHORE BANK PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE NORTH SHORE BANK PARTIES ARISING OUT OF YOUR USE OF THE WALLET SITE, YOUR MOBILE DEVICE OR THESE TERMS AND CONDITIONS. Without limitation of the foregoing, NORTH SHORE BANK is not responsible for any errors in any REWARDS NUMBER DETAILS, DESCRIPTIONS OF PRODUCTS OR SERVICES OFFERED BY MASTERPASSTM MERCHANTS OR any mobile carrier fees or penalties or Card account fees or penalties that you incur as a result OF YOUR NORTH SHORE BANK WALLET including any fees and penalties that may result from reversals.

The foregoing limitations and exclusions apply except to the extent expressly precluded by applicable law. IN SUCH JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND the scope and duration of NORTH SHORE BANKS WARRANTIES and the extent OF THEIR liability will be the minimum permitted under such applicable law.

Termination These TERMS AND CONDITIONS will be effective until terminated as provided herein. NORTH SHORE BANK may suspend or terminate your use of the Site and access to your North Shore Bank Wallet at any time, with or without cause, and without notice, including without limitation, in the event (a) your contact information is not up-to-date or you do not respond to communications directed to you; (b) the information you have provided to obtain your North Shore Bank  Wallet is false, inaccurate, not current, or incomplete; (c) you are engaged in illegal activity; (d) you have breached any of these Terms and Conditions; or (e) your North Shore Bank Wallet has been inactive for more than 12 months.  You may terminate your North Shore Bank Wallet for any reason or no reason at all, at your convenience, by ceasing all use of the service with respect to which you wish to terminate these Terms and Conditions.

On termination of the Wallet for any reason, the rights and licenses granted to you with respect to the service you wish to terminate will immediately terminate. Upon the termination of the Wallet, you shall immediately cease all use of your North Shore Bank Wallet Site. North Shore Bank shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Site or North Shore Bank Wallet.

Customer Support North Shore Bank, Attn: Customer Support, 15700 W Bluemound Rd., Brookfield WI  53005.  Phone number 877.672.2265.  Monday-Friday 8:30 am -7:00 pm CST, Saturday 8:30 am - 3:00 pm CST, Sunday 10:00 am - 1:00 pm CST.