Welcome and thank you for choosing to use the Mastercard SecureCode service ("Mastercard SecureCode") from Buckholts State Bank, and "you," "your," or "yours" refers
to the user of Mastercard SecureCode.
Agreement, Mastercard SecureCode also is subject to the cardholder
agreement governing the card transactions for which Mastercard SecureCode
1. ACCEPTANCE OF TERMS
Mastercard SecureCode provides its
cardholder agreement with you governing the card transactions for which Mastercard SecureCode is used. The TOU may be updated by us from time to time without
notice to you. When using Mastercard SecureCode, you shall be subject to
any posted guidelines or rules applicable to Mastercard SecureCode.
You agree that creation of a Mastercard SecureCode account SecureCode (password), and/or use of Mastercard SecureCode, will represent your acceptance of this TOU and that continued
use of Mastercard SecureCode after you have been advised of revisions to
this TOU shall constitute your agreement to such revised terms and any
applicable posted guidelines or rules.
Unless explicitly stated otherwise,
any new features that augment, enhance or otherwise change Mastercard SecureCode shall be subject to this TOU.
Buckholts State Bank reserves the right at
any time and from time to time to modify or discontinue, temporarily or
permanently, Mastercard SecureCode (or any part thereof) with or without
Upon our request, you agree to sign a
non-electronic version of this TOU.
2. DESCRIPTION OF Mastercard SecureCode
Mastercard SecureCode provides you with
a way of increasing security in online and other transactions for which Mastercard SecureCode is used by reducing the chances of fraud for those transactions.
Registering for Mastercard SecureCode involves providing personal
information to us, which is then used to confirm your identity in connection
with future online transactions or other transactions for which Mastercard SecureCode is used, as discussed in more detail in Section 5 below. Mastercard SecureCode
also may be used for record keeping and reporting purposes, as
well as to help resolve any transaction disputes. Your Registration Data, as
defined in Section 3(b), and other personal information is not shared with the
merchant, as discussed in more detail in Section 6 below.
3. YOUR REGISTRATION
By signing up for Mastercard SecureCode,
you authorize us to retain certain information about you and/or
your debit cards. You authorize us to obtain from certain third parties
selected by us, information about you and/or your debit card(s) to use in
connection with Mastercard SecureCode. You authorize us to use and
below). Your information will be associated with a unique identifier for you
(your debit card number and your name).
You agree to (i) provide true,
accurate, current and complete information about yourself as prompted by Mastercard SecureCode's
registration form ("Registration Data"), and (ii)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any Registration Data that is untrue,
inaccurate, not current or incomplete, or if we have reasonable grounds to
suspect that your Registration Data is untrue, inaccurate, not current or incomplete,
we have the right to suspend, terminate, or refuse your current or future use
of Mastercard SecureCode .
In order to use Mastercard SecureCode,
you must provide certain information to us that allows us to
validate your identity and verify that you are the owner of or an authorized
user of the specified debit card(s). The information that you provide may be
validated against information we already have on file that is associated with
you or your debit card(s), information we receive from one or more third
parties, or information maintained by a third party.
If you are unable to provide adequate
information for us to validate your identity, we have the right to not allow
you to register for Mastercard SecureCode. You warrant that the
information is correct and that you have the legal right to use all of the
debit cards that you register for Mastercard SecureCode.
If you do not successfully register
for Mastercard SecureCode, the merchant may not accept your debit card
in payment for an e-commerce or other transaction subject to Mastercard SecureCode.
In order to use Mastercard SecureCode, you must have the ability to access the World Wide Web and must
pay any service fees associated with such access. In addition, you must have
the equipment necessary to make such a connection to the World Wide Web,
including a computer and modem or other access device.
In the event you have a question
regarding the Mastercard SecureCode registration process or a
transaction using Mastercard SecureCode, you should direct that question
to our customer service department.
During registration in Mastercard SecureCode, you may be asked to select or may be provided a SecureCode and
hint-and-response question and answer. When engaging in an online transaction
or other transaction for which Mastercard SecureCode is used, you may be
asked for your SecureCode
or hint response before
the merchant accepts your card in payment for the transaction. If you are
unable to provide your SecureCode
or hint response,
or if the authentication through Mastercard SecureCode otherwise fails,
the merchant may not accept your debit card in payment for that transaction.
By registering in Mastercard SecureCode,
you assent to the use of Mastercard SecureCode to evidence your
identity, including for purposes of authorization of transactions authorized in
advance to recur at substantially regular intervals.
Mastercard SecureCode stores your
Registration Data. Your Registration Data will not be shared with online retail
merchants or merchants in other transactions for which Mastercard SecureCode
You acknowledge and agree that Mastercard SecureCode may keep your Registration Data and also may disclose your
Registration Data if required to do so by Applicable Law, as defined in Section
8(a)(ix), in the good faith belief that such preservation or disclosure is
permitted by Applicable Law, or as reasonably necessary to
(i) comply with legal process or (ii) enforce this TOU.
Registration Data and all personally
7. CARDHOLDER SECURECODE AND
You are solely responsible for
maintaining the confidentiality of your SecureCode, Registration
Data and other verification information established by you with Mastercard SecureCode, and all activities that occur using your SecureCode, Registration
Data or other verification information supplied to or established by you with Mastercard SecureCode. You agree not to transfer or sell your use of, or access to,
Mastercard SecureCode to any third party. You agree to immediately
contacting us, as we require in our cardholder agreement with you for a lost or
stolen card or any unauthorized use of your SecureCode or other verification
information, or any other breach of security. You acknowledge and agree that,
except as otherwise provided by Applicable Law or in our cardholder agreement
with you, Buckholts State Bank shall not be liable for any loss or damage arising
from your failure to comply with this TOU.
8. YOUR CONDUCT
You agree not to:
impersonate any person or entity
using Mastercard SecureCode;
upload, post, email or otherwise
transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment used by Mastercard SecureCode;
spam or flood the Mastercard SecureCode Website or service;
modify, adapt, sub-license,
translate, sell, reverse engineer, decompile or disassemble any portion of the Mastercard SecureCode Website or service or the software used in connection with Mastercard SecureCode
remove any copyright, trademark, or
other proprietary rights notices contained in Mastercard SecureCode;
"mirror" any part of the Mastercard SecureCode Website or service
without Mastercard®'s prior written authorization;
use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to
retrieve, index, "data mine," or in any way reproduce or circumvent
the navigational structure or presentation of the Mastercard SecureCode
Website or service or its contents;
otherwise interfere with, or disrupt,
Mastercard SecureCode or servers or networks connected to Mastercard SecureCode, or violate this TOU or any requirements, procedures, policies
or regulations of Mastercard SecureCode or of any networks connected to Mastercard SecureCode; or
intentionally or unintentionally
violate any applicable local, state, national or international statute,
regulation, regulatory guideline or judicial or administrative interpretation,
or any rule or requirement established by Mastercard (all of which shall constitute
"Applicable Law") in connection with your use of Mastercard SecureCode.
You agree that Buckholts State Bank shall not
be liable to you or to any third party for any modification, suspension or
discontinuance of Mastercard SecureCode. We will pay any direct
out-of-pocket expenses that you may incur [in using Mastercard SecureCode]
negligence or intentional misconduct
by us, our employees or agents;
an attack by others on the systems we
use to provide Mastercard SecureCode; or
any error in, or failure of, Mastercard SecureCode.
Under no circumstances will we be
liable for consequential, incidental, special or indirect losses or other
damages, such as any damage to your computer or telephone service resulting
from your use of Mastercard SecureCode.
Buckholts State Bank assumes no
responsibility for, and will not be liable for, any damages to, or any viruses
which may affect, your computer equipment or other property on account of your
access to, use of, or downloading from, this Web site.
If you want to end your ability to
use Mastercard SecureCode, you must contact Buckholts State Bank in writing so
that your SecureCode and Registration Data with Mastercard SecureCode can
be deactivated. Any purchases you made using Mastercard SecureCode prior
to deactivation will not be affected.
We may temporarily or permanently
deactivate your ability to use Mastercard SecureCode and terminate your
relationship with us at any time, with or without fault on your part.
11. DEALINGS WITH MERCHANTS
Your correspondence or business
dealings with, or participation in promotions of, online retail or other
merchants on or through Mastercard SecureCode, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such merchant. You agree that, except as otherwise provided by
Applicable Law or in our cardholder or member agreement with you, Buckholts State Bank shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. You understand that use of Mastercard SecureCode does not, in any way, indicate that we recommend or endorse any
merchant, regardless of whether the merchant participates in Mastercard SecureCode. For example, Mastercard SecureCode does not verify the
identity of the merchant or the quality of the merchant's goods or services
12. DISCLAIMER OF WARRANTIES
You expressly understand and agree
that any software obtained through the use of Mastercard SecureCode is
downloaded and used at your own discretion and risk and that except as
otherwise provided in this TOU Agreement, you will be solely responsible for
any damage to your computer system or loss of data that results from the
download or use of any such software or other materials through Mastercard SecureCode.
EXCEPT AS OTHERWISE REQUIRED BY ANY
APPLICABLE STATE LAW, Buckholts State Bank MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT Mastercard SecureCode OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either
email or regular mail to any address in your Registration Data or other
information that you have provided to us in connection with any of your
accounts with us, or your debit cards issued or otherwise provided by us.
14. AGE AND RESPONSIBILITY
You represent that you are of
sufficient legal age to use Mastercard SecureCode and to create binding
legal obligations for any liability you may incur as a result of the use of Mastercard SecureCode. Except as otherwise provided by Applicable Law or in our
cardholder agreement with you, you understand that you are financially
responsible for all uses of Mastercard SecureCode by you and those
authorized by you to use your Registration Data, your SecureCode or other