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ePassporte Terms and Conditions
ePassporte条款与条件
RegNow Terms & Conditions By clicking the I ACCEPT button at the bottom of this page, you agree to the terms and conditions of this electronic addendum to your existing RegNow Publisher and/or Affiliate Agreement. Publisher/Affiliate agrees and understands that this change permits RegNow to satisfy all payment obligations to Publisher/Affiliate by transferring funds to ePassporte with instructions that the funds be loaded onto s/s Electron Card. RegNow shall have no further payment obligation(s) to Publsiher/Affililiate after it has transferred these funds, and all risk of loss, including fraudulent access to s/s Electron Card and/or unavailability of funds from ePassporte shifts to Publisher/Affiliate. By clicking the above I ACCEPT button, you also agree that you have read, fully understand and agree to comply with the Terms And Conditions listed below from ePassporte. These terms and conditions form a separate contract between you and ePassporte. RegNow is not a party to this separate agreement. Finally, as noted above, you are agreeing to amend the agreement between the Publisher/Affiliate (you) and RegNow, Inc. Payment disbursement via the ePassporte electron Card is an optional service provided to the Publisher/Affiliate by RegNow in its sole discretion. The provision of the ePassporte service shall in no way be construed to supersede the Agreement between Publisher/Affiliate and RegNow. Payments to s/s ePassporte account will follow the payment schedule set forth in the RegNow Publisher/Affiliate Agreement. RegNow reserves the right to terminate the ePassporte Service at any time and without cause or prior notice. Fees: One time set up fee of $55 USD Load/Reload Fee $5 USD Additional fees associated with use of the card can be found in the ePassporte Terms and Conditions listed below. ePassporteTM Terms & Conditions This Terms and Conditions Agreement ("Agreement") describes the terms and conditions governing the use of the ePassporteTM products and services (the "Product(s)" and/or "Service(s)"). By purchasing, accepting or using any of the ePassporteTM Products or Services, You agree to be bound by the terms and conditions contained in this Agreement. The ePassporteTM Products and Services, which are described in Section III below, include (i) the ePassporteTM Virtual Visa ("Virtual Visa"), which can be used to purchase goods and services at any Internet merchant website worldwide that accepts Visa; (ii) the ePassporteTM Visa Electron card ("Visa Electron Card"), which can be used to withdraw funds from your ePassporteTM Account at ATMs worldwide that display the Visa and/or Plus symbols and to make purchases at any PIN-based merchant worldwide that accepts the Visa Electron Card; and, (iii) the ePassporteTM peer-to-peer service ("Peer-to-Peer Service"), which can be used to send and receive cash electronically between You and other holders of an ePassporteTM Account. Please read this Agreement carefully and keep it for future reference. I. Definitions In this Agreement "Card", "Cards" and/or "Product(s)" means all ePassporteTM Visa cards including the Virtual Visa and the Visa Electron Card issued by St. Kitts-Nevis-Anguilla National Bank Limited ("Bank" or "Issuer") under a co-branding agreement(s) between Bank and ePassporte, N.V. ("ePassporte") and sold by ePassporte. The "Peer-to-Peer Service" means the ePassporteTM service which enables an ePassporteTM Account holder to make secure on-line payments and/or to transfer funds in their ePassporteTM Account to another ePassporteTM Account holder electronically. "ePassporteTM Account" means the account that is created at the time the Virtual Visa is initially purchased and to which is tied Your Virtual Visa and, if purchased, Your Visa Electron Card, as well as the Peer-to-Peer Service. "You" and "Your" means the person(s) who are purchasing, accepting or using the ePassporteTM Products and/or Services. "We", "Us", and "Our" mean ePassporte, Our successors, affiliates or assigns. Unless otherwise specified, a "day" means the 24 hour period running from 12:00 a.m. Pacific Standard Time on one calendar day to 12:00 a.m. Pacific Standard Time on the next calendar day. II. Eligible Users The Products and Services are offered and available only to individuals who are of legal age and who are capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the ePassporteTM Products and Services are not available to minors. We may, in Our sole discretion, at any time, refuse to allow You to open, fund or use any of the ePassporteTM Products or Services. III. ePassporteTM Products and Services The following is a description of the ePassporteTM Products and Services: A. The Virtual Visa The ePassporteTM Virtual Visa is a proprietary form of Visa stored value card. When purchased, We will deliver to You electronically via the Internet Your Virtual Visa containing Your 16-digit card number, a security code number (the "CVV2") and the expiration date of Your Virtual Visa, which shall also be the expiration date of Your ePassporteTM Account. You will not receive a physical card. Your Virtual Visa can be used to purchase goods and services at any Internet merchant website worldwide that accepts Visa by providing Your 16-digit card number, CVV2 (if applicable) and expiration date. B. The Visa Electron Card The ePassporteTM Visa Electron Card is a proprietary form of Visa stored value card. If you elect to purchase an ePassporteTM Visa Electron Card, We will mail to You a Visa Electron Card with Your name, 16-digit card number, CVV2, and the expiration date of Your card (which will be the same expiration date as for Your ePassporteTM Virtual Visa and ePassporteTM Account) printed on the front. Once You receive Your Visa Electron Card, You will be required to go onto Our website at www.epassporte.com and authenticate yourself to activate Your Visa Electron Card and create Your own personal identification number ("PIN"). Your Visa Electron Card can be used to purchase goods and services at any merchant worldwide that has the ability to accept Visa cards by swiping the magnetic stripe on the card and allowing You to either enter Your PIN on a PIN-pad or sign the transaction receipt. Your Visa Electron Card can also be used to withdraw funds from Your ePassporteTM Account at any ATM bearing the Visa or Plus logos by swiping the magnetic stripe on the card and entering Your PIN. Neither the Virtual Visa nor the Visa Electron Card is a credit card. No interest will be paid on the funds You transfer into Your ePassporteTM Account and such funds are not insured by any government agency. All funds You place in Your ePassporteTM Account will be held at a money center bank of Our choosing. C. The ePassporteTM Peer-to-Peer Service The ePassporteTM Peer-to-Peer Service can be used to effect secure, online person-to-person payments over the Internet using the funds in Your ePassporteTM Account. These payments can be made by You to any other ePassporteTM Account holder electronically. You can also receive payments from other ePassporteTM Account holders. We reserve the right, in Our sole and absolute discretion, to limit the number of payments You can make or receive daily from or to Your ePassporteTM Account. IV. Opening Up An ePassporteTM Account An ePassporteTM Account is opened at the time of the initial purchase of an ePassporteTM Virtual Visa. At the time the ePassporteTM Account is opened, the purchaser of the ePassporteTM Virtual Visa will create a unique user ID and password, as well as a unique ePassporteTM email address. Your Virtual Visa will be delivered to You electronically via the Internet immediately during the purchasing process and Your 16-digit card number, the CVV2 and the expiration date of Your Virtual Visa, which will also be the expiration date of Your ePassporteTM Account, will be displayed on Your monitor. You may also elect to purchase an ePassporteTM Visa Electron Card at the time of purchasing an ePassporteTM Virtual Visa or at any time thereafter by going to Our website at www.epassporte.com. If You elect to purchase a Visa Electron Card, We will mail to you at the address You provide, Your Visa Electron Card which will bear Your name, Your 16-digit card number, CVV2, and the expiration date of Your Visa Electron Card (which will be the same expiration date as for Your ePassporteTM Virtual Visa and ePassporteTM Account). Once You receive Your Visa Electron Card, You will be required to go onto Our website at www.epassporte.com to active Your Visa Electron Card and create Your own PIN. Do not keep Your PIN written down in the same location as Your Visa Electron Card. V. Protecting Your ePassporteTM Account Your ePassporteTM Account information (including Your Virtual Visa number and CVV2 and, if applicable, Your Visa Electron Card number, CVV2 and PIN, as well as Your ePassporteTM Account user ID, password and ePassporteTM email address) is important information which You agree to keep confidential in order to prevent others from using Your ePassporteTM Account without Your authorization. Specifically, under this Agreement and for Your protection, You agree: 1. Not to disclose Your ePassporteTM Account user ID or password or, if applicable, PIN, or otherwise make these available to any other person. If You do make these available to any other person, You will be deemed to have authorized that person to use Your ePassporteTM Account; 2. Not to use Your ePassporteTM Visa Electron Card as a means of identifying Yourself to any other person; 3. Not to disclose Your Card number(s) or CVV2(s), or otherwise make these available to any other person, unless You intend to make a purchase from that person or authorize that person to use Your ePassporteTM Account. If You do make these available to any other person, You will be deemed to have authorized a purchase from that person and/or to have authorized that person to use Your ePassporteTM Account; 4. To use Your Card(s), CVV2(s), ePassporteTM Account user ID and password and, if applicable, PIN as authorized under the terms and conditions of this Agreement; 5. To promptly notify Us of any loss, compromise or theft of Your Card number(s), CVV2(s), ePassporteTM Account user ID and password and/or PIN; and 6. That You will be liable for any transactions made by a person You authorize or permit to use Your Card(s), CVV2(s), ePassporteTM Account user ID or password and/or PIN. If You permit someone else to use Your Card(s), ePassporteTM Account user ID or password and/or PIN, We will treat this as if You have authorized this person to use the Card(s) and/or ePassporteTM Account, and You will be responsible for any transactions made by that person with the Card(s) and/or ePassporteTM Account. Any unauthorized person who obtains access to Your Card number(s), CVV2(s), ePassporteTM Account user ID and password and/or PIN may make purchases using the funds in Your ePassporteTM Account up to the full balance in Your account. In the absence of any intentional or grossly negligent act by Us or Our representatives, We will not be responsible for or liable to You if an unauthorized third party obtains or possesses access to Your Card number(s), CVV2(s), ePassporteTM user ID or password and/or PIN. You are responsible for protecting the secrecy of Your Card number(s), CVV2(s), ePassporteTM user ID and password and PIN. You will never be asked via email, regular mail or telephone, for any reason, to disclose Your ePassporteTM Account password or PIN. Inquiries requiring You to provide Your ePassporteTM Account password and/or PIN will only be conducted online. VI. Using Your ePassporteTM Account Each time You use Your ePassporteTM Account (whether by using Your Virtual Visa or Your Visa Electron Card, or by using the ePassporteTM Peer-to-Peer Services) to make a purchase or transfer funds to another ePassporteTM Account holder, the amount of the transaction will be immediately deducted from Your ePassporteTM Account balance. We will also deduct from Your ePassporteTM Account balance all Fees as specified below in Section VIII. You are not allowed to exceed the funded balance in Your ePassporteTM Account by any individual transaction or series of transactions. You may add funds to Your ePassporteTM Account by using a credit card, debit card or, if and when offered by ePassporte, by any other funding method which may be made available to You. You may add funds by one of these methods to Your ePassporteTM Account 24 hours a day, 7 days a week (up to a maximum of five times in any 24 hour period) by going to Our website at www.epassporte.com. Funds added to Your ePassporte Account via credit card or debit card may be treated as a "cash advance" by Your card-issuing bank, and Your card-issuing bank may charge you a "cash advance" fee which will be in addition to the Fees ePassporteTM may charge You as specified below in Section IX. Funds added to the ePassporteTM Account will become available for use immediately upon actual transfer. The minimum value that may be added to Your ePassporteTM Account at any time is USD $50.00. We reserve the right, in Our sole discretion, to change the minimum value that may be added to Your ePassporteTM Account at any given time and without notification to You. We reserve the right, in Our sole discretion, to set a maximum value that may be added to Your ePassporteTM Account, or subsequently change that maximum value, at any given time and without notification to You. As a security measure and for Your protection, in the event that the balance in Your ePassporteTM Account at any time reaches USD $5,000 through an individual or any series of transactions, We may require You to provide Us within 10 business days (i) a photocopy of a government-issued ID with Your picture on it and (ii) photocopies of the front and back of the credit card or debit card which was last used to add funds to Your ePassporteTM Account. If we do not receive such documentation within 10 business days following Our request to You, We reserve the right in Our sole discretion to freeze Your ePassporteTM Account or close Your ePassporteTM Account as provided below in Section VII. You may become eligible to add funds to Your ePassporteTM Account on a recurring periodic basis from a designated credit card, debit card or other available funding method ("Recurring Account Re-Loads"). Should You become eligible for and elect to authorize Us to perform Recurring Account Re-loads ("Your Election"), by this Agreement You agree that We shall be authorized to continue to perform Recurring Account Re-Loads, in the amount You select at the time of Your Election, from the available funding method You select at the time of Your Election, and on the recurring periodic basis specified at the time of Your Election, without Your further consent, each such recurring period thereafter until You specifically inform Us, in writing, that future Recurring Account Re-Loads are not authorized from that funding method. VII. Renewing Your ePassporte Account Your ePassporteTM Account will automatically renew every 24 months. We will notify you of the renewal of Your ePassporteTM Account at least once prior to the renewal of Your ePassporteTM Account via an email sent to Your ePassporteTM email address. It is Your responsibility to check Your ePassporteTM email to obtain information relating to the renewal of Your ePassporte Account. We will charge Your ePassporte Account all applicable fees, as set forth in Section IX below, upon renewal of Your ePassporteTM Account. VIII. Closing Your ePassporteTM Account Should You wish to close Your ePassporteTM Account, all transactions on the ePassporteTM Account must be cleared, which could take up to 21 business days. Once You notify Us of Your intention to close Your ePassporteTM Account, You may withdraw any remaining funds in Your ePassporteTM Account by either: (a) using Your Virtual Visa to purchase goods or services at any Internet merchant website worldwide that accepts Visa; (b) using Your Visa Electron Card to purchase goods or services at any merchant website worldwide that has the ability to accept PIN-based Visa cards; or (c) using Your Visa Electron Card to withdraw funds at any ATM bearing the Visa or Plus logos. You may also receive any remaining funds in Your ePassporteTM Account by providing Us with (i) a photocopy of a government-issued ID with Your picture on it, (ii) photocopies of the front and back of the credit card or debit card which was last used to add funds to Your ePassporteTM Account; and (iii) a mailing address, upon the receipt of which We will issue and mail You a check for the funds remaining in Your ePassporteTM Account less a USD $50.00 "Check Issuance Fee" which will be deducted from Your ePassporteTM Account before such check is issued. If, after You close Your ePassporteTM Account, there are unused funds in Your ePassporteTM Account, We reserve the right to convert all such unused funds into an "Account Closing Service Fee" as set forth in Section IX below. IX. Fees The following fees apply to Your ePassporteTM Account. We will deduct these fees directly from Your ePassporteTM Account, as specified below for each fee. You hereby authorize Us to deduct the fees from Your ePassporteTM Account balance without prior notice. A. Card Fees 1. Virtual Visa Re-Issuance Fee. In the event that Your Virtual Visa is reported lost or stolen, or if You request a replacement card for any other reason, a Virtual Visa Re-Issuance Fee of USD $5.00 will be charged to Your ePassporteTM Account each time We issue a new Virtual Visa number and CVV2. This fee will be shown on Your online ePassporteTM Account statement as a "Virtual Visa Re-Issuance Fee." 2. Visa Electron Card Re-Issuance Fee. In the event that Your Visa Electron Card is reported lost or stolen, if You request a replacement card for any other reason after Your Visa Electron Card it is activated, a Visa Electron Card Re-Issuance Fee of USD $35.00 will be charged to Your ePassporteTM Account each time We issue a new Visa Electron Card number and CVV2. This fee will be shown on Your online ePassporteTM Account statement as a "Visa Electron Card Re-Issuance Fee." If We have issued You a new Visa Electron Card and CVV2 and You subsequently return to Us the old ePassporteTM Visa Electron Card, We will refund the Visa Electron Card Re-Issuance Fee to Your ePassporteTM Account upon Our receipt of the old ePassporteTM Visa Electron Card. B. ePassporteTM Account Service Fees 1. Account Load/Re-Load Service Fee. Anytime You add funds to Your ePassporteTM Account via credit card or debit card (including but not limited to by way of Recurring Account Re-Load, if applicable), We will charge Your ePassporteTM Account USD $5.00 for every USD $100.00 or any portion thereof added into the account. This fee will be shown on Your online ePassporteTM Account statement as an "Account Load/Re-Load Service Fee." 2. ACH Re-Load Service Fee. Anytime You re-load funds to Your ePassporteTM Account using funds in Your US bank account (an "ACH re-load"), We will charge Your ePassporteTM Account USD $2.00. This fee will be shown on Your online ePassporteTM Account statement as an "ACH Re-Load Service Fee." 3. ACH Return Service Fee. In the event that Your ACH re-load is rejected because there are insufficient funds in Your US bank account, or if Your ACH re-load is rejected for any other reason or We are unable to complete Your ACH re-load for any reason, We will charge Your ePassporteTM Account USD $10.00. This fee will be shown on Your online ePassporteTM Account statement as an "ACH Return Service Fee." If, at the time We assess the ACH Return Service Fee there are insufficient funds in Your ePassporteTM Account to pay the ACH Return Service Fee, We reserve the right to place a pending charge on Your ePassporteTM Account and deduct the ACH Return Service Fee when You have re-loaded sufficient funds in Your ePassporteTM Account. 4. Virtual Visa Annual Service Fee. The Annual Service Fee for the Virtual Visa is USD $5.00 and will be charged to Your ePassporteTM Account annually until the account is closed. This Annual Fee will be shown on Your online ePassporteTM Account statement as a "Virtual Visa Annual Service Fee." 5. Visa Electron Card Annual Service Fee. The Annual Service Fee for the Visa Electron Card is USD $35.00 and will be charged to Your ePassporteTM Account annually until the account is closed. This Annual Fee will be shown on Your online ePassporteTM Account statement as a "Visa Electron Card Annual Service Fee." 6. Peer-to-Peer Service Fee. The fee for use of the Peer-to-Peer Service to transfer funds to another ePassporteTM Account holder (other than a merchant) will be USD $0.25 per transaction for the first five transactions per day, and then USD $1.00 per transaction for each subsequent transaction in that same day. These fees will be paid by the sender of funds and will be shown on that ePassporteTM Account holder's online ePassporteTM Account statement as a "Peer-to-Peer Service Fee." 7. Text Message Fee. Anytime You make a balance inquiry, add funds to Your ePassporteTM Account, or transfer funds to another ePassporteTM Account holder via ePassporte'sTM text message functionality, We will charge Your ePassporteTM Account USD $.50. This fee will be shown on Your online ePassporteTM Account statement as a "Text Message Fee" and will be charged in addition to any other fees We may charge as specified in this Section VIII. 8. ePassporteTM Account Closing Service Fee. In the event that Your ePassporteTM Account is closed and there are unused funds remaining in Your PassporteTM Account, all such unused funds will be converted into an "Account Closing Service Fee" and will be shown on Your online ePassporteTM Account statement as such. 9. Check Issuance Fee. In the event that You request that Your ePassporteTM Account be closed and that any funds remaining in Your ePassporteTM Account be delivered to You by a check mailed to You, or if at any other time You are eligible to have funds in Your ePassporteTM Account delivered by check, a Check Issuance Fee in the amount of USD $50.00 will be charged to Your ePassporteTM Account before We issue any such check. This fee will be shown on Your online ePassporteTM Account statement as a "Check Issuance Fee." 10. ATM Fees. An ATM fee of $2.00 will be assessed to Your ePassporte TM Account for each transaction whereby You obtain or try to obtain cash or a balance inquiry from Your ePassporte Account. This fee will be assessed at the time of the transaction, and is in addition to the fee charged by the owner of the ATM. We reserve the right to change, modify or increase the above Card Fees and/or ePassporteTM Account Service Fees from time to time without notice. Any such changes, modifications or increases will be effective upon posting such changes, modifications or increases in a revision to this Agreement on Our website at www.epassporte.com. If You do not agree to the posted changes, modifications or increases, You may close Your ePassporteTM Account as provided above in Section VIII. Your continued use of the ePassporteTM Products and Services following the posting of any changes or revisions to the terms of this Agreement will constitute Your acceptance of all such changes or revisions. In the event that there are insufficient funds in Your ePassporteTM Account to satisfy any such Card Fees and/or ePassporteTM Account Service Fees at the time such fee is assessed, the portion of such fee which is available in Your ePassporteTM Account will be deducted from Your ePassporteTM Account immediately and the portion of such fee which exceeds the funds available in Your ePassporteTM Account (the "Excess Fees") will nevertheless accrue. At any time during which any Excess Fees remain accrued and unpaid, Your ePassporteTM Account will be frozen and unavailable for use until such Excess Fees are paid. Unless otherwise expressly provided herein, no fees hereunder are refundable at any time or for any reason. X. Online ePassporteTM Account statement Your statement of the balance and activity on and the status of Your ePassporteTM Account is available to You in electronic format for viewing online anytime at www.epassporte.com. You may review online at any time all transactions that have taken place in the previous 90 days. In the event that You no longer consent to receive Your online ePassporteTM Account statement electronically, We reserve the right to terminate and/or close Your ePassporteTM Account as provided above in Section VIII. You may also call Our Cardholder Services Center toll free within the USA at 1.877.EPASS90 or outside the USA at +1.310.301.2001 to obtain information on Your ePassporteTM Account. XI. Failure to Complete Transactions We accept no liability for failing to complete any transaction for which You have not loaded sufficient funds into Your ePassporteTM Account. We are not responsible if You do not have enough funds in Your ePassporteTM Account to complete a particular transaction. In the event that a transaction is denied as a result of insufficient funds in Your ePassporteTM Account, You may access Our online services by visiting Our website at www.epassporte.com and load additional funds into Your ePassporteTM Account. The fee for loading additional funds into Your ePassporteTM Account is listed above in Section IX. If You are uncertain as to the exact balance available in Your ePassporteTM Account, please review Your online ePassporteTM Account statement at www.epassporte.com, or call the ePassporteTM Cardholder Services Center toll free within the USA at 1.877.EPASS90 or outside the USA at +1.310.301.2001 to verify Your ePassporteTM Account balance prior to attempting to make a purchase. Neither We nor the Bank will have any liability whatsoever for the failure of any merchant to accept or honor Your Virtual Visa or Your Visa Electron Card. XII. International Transactions If You make a transaction in a currency other than U.S. Dollars, the transaction will be converted into U.S. Dollars by Us prior to being applied to Your ePassporteTM Account. The conversion rate to U.S. Dollars will be set by Us. XIII. Disputes, Returns and Refunds You agree to attempt to first settle all disputes concerning purchases You make using the funds in Your ePassporteTM Account with the merchant(s) from whom You made such purchases. If You notify Us that You dispute a transaction and You have not first attempted to settle such dispute with the merchant, We reserve the right to require You to first attempt to settle all disputes with the merchant before We will take any action with respect to that transaction. If You are entitled to a refund for any reason for goods or services obtained with funds in Your ePassporteTM Account, You agree to accept credits to Your ePassporteTM Account as the only method of refund. XIV. Loss of or Unauthorized Use of Your ePassporteTM Account You are responsible for all authorized transactions and uses of Your ePassporteTM Account. You understand that Your ePassporteTM Account is not a credit card account and is not protected by laws covering credit cards such as the United States federal Truth in Lending Act. If You believe that any of Your Card(s), Your ePassporteTM Account user ID or password or Your PIN have been lost or stolen, or that someone has used any of Your Card(s), Your ePassporteTM Account user ID or password or Your PIN without Your permission, notify Us immediately by using Our online services at www.epassporte.com or call us toll free within the USA at 1.877.EPASS90 or outside the USA at +1.310.301.2001. Once You notify Us that any of Your Card(s), Your ePassporteTM Account user ID or password or Your PIN have been lost or stolen, or that someone has used any of Your Card(s), Your ePassporteTM Account user ID or password or Your PIN without Your permission, We reserve the right to freeze Your ePassporteTM Account or close Your ePassporteTM Account as provided above in Section VIII. You are responsible for any transactions made with the funds in Your ePassporteTM Account prior to the time We receive Your notification. If Your online ePassporteTM Account statement shows transactions that You did not make or authorize, You must contact Us immediately. If You do not notify Us within sixty (60) days after Your online ePassporteTM Account statement was made available to You, You will be responsible for all transactions made using the funds in Your ePassporteTM Account, including those which You did not make or authorize. XV. Questions Relating to Your ePassporteTM Account, How to Dispute Errors. If You need more information about a transaction listed on Your online ePassporteTM Account statement or if You think there is an error on Your online ePassporteTM Account statement, You may contact Us via email at disputes@epassporte.com or call Our Cardholder Services Center toll free within the USA at 1.877.EPASS90 or from outside the USA at +1.310.301.2001. You may also write to Us at ePassporte, N.V., c/o Intertrust Management (Curacao) N.V., Berg Arrarat 1, P.O. Box 3889, Willemstad, Curacao, Netherlands Antilles. You must contact Us no later than 60 days after the transaction in question has been posted to Your Account or You lose the right to challenge the transaction. When You contact Us for more information about a transaction listed on Your online ePassporteTM Account statement or if You think there is an error on Your online ePassporteTM Account statement, You must provide Us the following information: 1. Your name and Your ePassporteTM Virtual Visa Card number and/or ePassporteTM Visa Electron Card number. 2. The name of the merchant as it appears in Your online ePassporteTM Account statement. 3. A description of the error or the transaction You are unsure about and an explanation, as clearly as possible, of why You believe it is an error or why You need more information in order to identify the transaction. 4. The US Dollar amount of the suspected error. 5. The date of the transaction. We will not ask You for Your ePassporteTM Account password or PIN. Never give Your ePassporteTM Account password or PIN to anyone who You do not intend to authorize to use Your ePassporteTM Account. We will promptly tell You the results of Our investigation and will correct any error. If We need more time to investigate Your complaint or question, We may take up to thirty (30) calendar days to investigate Your complaint or question. XVI. Privacy The circumstances under which We will disclose information about You and/or Your ePassporteTM Account are fully described in Our Privacy Policy, which You may view anytime on Our website at www.epassporte.com/privacy.asp. We may change Our Privacy Policy at any time in the future. Subject to any applicable financial privacy laws or other laws or regulations, We may provide information about You and/or Your ePassporteTM Account: (1) when required by law; (2) in compliance with any agreement between Us and a professional, regulatory or disciplinary body; (3) to enforce Our agreement(s) with You; (4) in connection with potential sales of business; and (5) to carefully selected service providers who help Us meet Your needs by providing or offering Our services. XVII. Release From Third Party Liability 1. Except as specifically provided in this Agreement, neither We nor the Bank will be liable for any loss or liability resulting in whole or in part from any act or failure to act of Your computer equipment or software, or that of an Internet service provider, an Internet access provider, an online service provider or an agent or subcontractor of any of them. Further, neither We nor the Bank will be responsible or liable for any indirect, special or consequential, economic or other damages arising in any way out of or related to Your use of Your ePassporteTM Account. 2. The total cumulative liability of Us and the Bank to You for any direct damages arising in any way out of or related to Your use of Your ePassporteTM Account shall be limited to the total amount of funds in Your ePassporteTM Account at the time of the loss sustained by You. XVIII. Change of Terms, Notices Except as otherwise provided by law, We may at any time change the terms and conditions of this Agreement or any policies or terms of service governing use of Your ePassporteTM Account, including without limitation, changing or increasing fees. Any changes will be effective upon posting the changes or revisions on Our web site at www.epassporte.com. If You do not agree to the posted changes or revisions, You may terminate and/or close Your ePassporteTM Account as provided above in Section VIII. Your continued use of the ePassporteTM Products and Services following the posting of any changes or revisions to the terms of this Agreement will constitute Your acceptance of changes or revisions. By entering into this Agreement and using the ePassporteTM Products and Services, You agree to receive notice of changes or revisions to this Agreement electronically rather than on paper. We will notify You of the posting of changes or revisions to this Agreement by email sent to Your ePassporteTM email address. It is Your responsibility to regularly check Your ePassporteTM email to ensure that You have the current version of this Agreement. XIV. General Provisions This Agreement is entered into in the Federation of St. Kitts and Nevis ("St. Kitts"). This Agreement and any dispute between You and Us arising out of or related hereto, except for allegations that You have infringed or have threatened to infringe Our intellectual property rights, shall be exclusively governed by and subject to the laws of the St. Kitts, without regard to any principles of conflicts of laws thereof, whether or not Your ePassporteTM Account or any Cards associated therewith are used outside St. Kitts. Venue for any suit or claim arising out of or related hereto, except for allegations that You have infringed or have threatened to infringe Our intellectual property rights, shall exclusively be in the courts of St. Kitts, and by entering into this Agreement You irrevocably consent to the personal jurisdiction of the courts of St. Kitts. If We allege that You have infringed or have threatened to infringe Our intellectual property rights, then in addition to any other rights and remedies We may have, We may seek preliminary or permanent injunctive relief from any court of competent jurisdiction, and any such claims shall be governed by the laws of the State of California in the United States of America, without regard for any principles of conflicts of laws thereof. Any claim that You seek to initiate arising out of or related to this Agreement must be brought within one year of the event giving rise to the claim. You may not assign Your obligations under this Agreement. We may assign or delegate all or certain of Our rights and responsibilities under this Agreement to independent contractors or other third parties. All Cards associated with Your ePassporteTM Account remain the property of the Bank. We may terminate Your right to use such Cards and/or Your ePassporteTM Account at any time as provided above in Section VIII. You may cancel this Agreement by notifying Us as provided above in Section VIII. Your termination of this Agreement will not affect any of Our rights or Your obligations arising under this Agreement prior to termination. Use of all Cards associated with Your ePassporteTM Account is subject to all applicable rules and customs of any clearinghouse or other association involved in processing transactions. We are not Your agent, fiduciary, trustee or other representative. Nothing expressed in, mentioned in or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of You and Us. We do not give up Our rights by delaying or failing to exercise them at any time. If any term of this Agreement is found by a court of competent jurisdiction to be illegal or not enforceable, all other terms will remain in effect. If We take legal action against You because of default in the terms of this Agreement, You must pay reasonable attorney's fees and other costs of the proceedings. Your responsibility for fees and costs shall in no event exceed the maximum allowed by law. Neither We nor the Bank will be liable for the failure of Us or the Bank to perform any obligations under this Agreement due to events beyond Our control and/or the control of the Bank, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events. Events beyond Our control and/or the control of the Bank include, but are not limited to, acts of God, war, civil commotion, labor disputes, equipment failures, strikes, fire, flood, earthquake or other casualty, shortages of labor or material, government regulation or restriction, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, disruptions on account of or caused by vandalism, theft, phone service outages, Internet disruptions, viruses, and mechanical, power or communications failures. If, after the date of this Agreement, any law, regulation, rule, regulation or decision of Visa or of any other funding method association, or ordinance, whether federal, state, or local becomes effective which substantially alters Our ability to perform services hereunder, We shall have the right to cancel this Agreement, with notice, if reasonably possible, effective upon the earlier of (i) the date upon which We are unable to provide Our customary services hereunder, or (ii) 30 days following written notice. If the ePassporteTM Virtual Visa is to be issued to or used by any business, We reserve the right to vary and/or add to these terms and conditions as We may in Our discretion consider appropriate. Your ePassporteTM Account, the funds in Your ePassporteTM Account, all Card(s) associated with Your ePassporteTM Account, and all ePassporteTM Products and Services shall not be used as payment for an illegal purchase or for any other illegal purpose. Should We suspect that Your ePassporteTM Account, the funds in Your ePassporteTM Account, any Card(s) associated with Your ePassporteTM Account, or any ePassporteTM Products and Services have been, are being, or may be used as payment for an illegal purchase or for any other illegal purpose, then We shall have the right, in Our sole and exclusive discretion to terminate and/or close Your ePassporteTM Account immediately, report any and all relevant or potentially relevant information to the appropriate governmental authorities, revoke any funds transfers made using the ePassporte Peer-to-Peer Service and recover any and all funds which were illegally or fraudulently obtained and/or used. ePassporteTM Electronic Disclosure Consent You must read and agree to the following ePassporteTM Electronic Disclosure Consent permitting Us to send You important information relating to Your ePassporteTM Account electronically. When You have carefully read this disclosure, give Your consent by selecting the "I agree" button at the bottom of the page. If You do not accept these terms and conditions, You will not be able to purchase an ePassporteTM Virtual Visa or an ePassporteTM Visa Electron Card or set up an ePassporteTM Account, and You will be returned to the ePassporteTM home page. By giving Your consent below, You agree that We will provide You with all disclosures, notices and other communications relating to Your ePassporteTM Virtual Visa, Your ePassporteTM Visa Electron Card (if applicable) and Your ePassporteTM Account, including the Terms and Conditions governing Your use of the ePassporteTM Products and Services, Our Privacy Policy, any future amendments, correspondence and communications concerning this Agreement, Your ePassporteTM Virtual Visa, Your e-PassporteTM Visa Electron Card (if applicable), Your ePassporteTM Account and any other notices that may be legally required to be provided to You, in electronic form, by sending an alert to Your ePassporteTM email address which was created and delivered to You at the time Your ePassporteTM Virtual Visa was purchased and by posting the change on Our website at www.epassporte.com. You have the right to withdraw this consent, but if You do, We will immediately terminate Your ePassporteTM Virtual Visa and Your ePassporteTM Visa Electron Card (if applicable) and close Your ePassporteTM Account. To withdraw Your consent, please contact Us by using Our online services at www.epassporte.com or call Us toll free in the USA at 1.877.EPASS90 or from outside the USA at +1.310.301.2001. Your ePassporteTM Account will be subject to an Account Closing Fee as specified herein if Your ePassporteTM Account is closed. If You would like more information about Our Privacy Policy, You can review the ePassporteTM Privacy Policy for Consumers.
