![]() |
|||
![]() |
|||
![]() |
|||
COLONY BANK CARDHOLDER TERMS OF SERVICE
MasterCard SecureCode Terms of Service
Welcome and thank you for choosing to use the MasterCard SecureCode service (“MasterCard SecureCode”) from Colony Bank. Please read this Terms of Service Agreement carefully before using MasterCard SecureCode. In this Agreement, “we,” “us,” or “our” refers to Colony Bank, and “you,” “your,” or “yours” refers to the user of MasterCard SecureCode.
This Terms of Service Agreement supplements and is incorporated in our cardholder agreement(s) with you. In addition to this Terms of Service Agreement, MasterCard SecureCode also is subject to the cardholder agreement governing the card transactions for which MasterCard SecureCode is used.
1) ACCEPTANCE OF TERMS
a) MasterCard SecureCode provides its service to you, subject to the following
Terms of Service (“TOS”) and our cardholder agreement with
you governing the card transactions for which MasterCard SecureCode is
used. The TOS may be updated by us from time to time without notice to
you. You can review the most current version of the TOS at any time at
http://www.colonybank.com. In addition, when using MasterCard SecureCode,
you shall be subject to any posted guidelines or rules applicable to MasterCard
SecureCode that may be posted from time to time at the same web site.
b) You agree that creation of a MasterCard SecureCode account password,
and/or use of MasterCard SecureCode, will represent your acceptance of
this TOS and that continued use of MasterCard SecureCode after you have
been advised of revisions to this TOS shall constitute your agreement to
such revised terms and any applicable posted guidelines or rules.
c) Unless explicitly stated otherwise, any new features that augment, enhance
or otherwise change MasterCard SecureCode shall be subject to this TOS.
d) Colony 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 notice.
e) Upon our request, you agree to sign a non-electronic version of this TOS.
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 OBILIGATIONS
a) By signing up for MasterCard SecureCode, you authorize us to retain certain
information about you and your debit cards. You authorize us to obtain
from certain third parties selected by us, including consumer credit bureaus
and other consumer reporting agencies, information about you and your debit
cards, to use in connection with MasterCard SecureCode. You authorize us
to use and retain this information in accordance with our Privacy Policy
(see Section 6 below). Your information will be associated with a unique
identifier for you (your card number and your name).
b) 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.
4) REGISTRATION
a) In order to use MasterCard SecureCode, you must provide certain information
to us that allow 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.
b) 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.
c) If you do not successfully register for MasterCard SecureCode, the merchant
may not accept your MasterCard debit card in payment for an e-commerce
or other transaction subject to MasterCard SecureCode.
d) In order to use MasterCard SecureCode, you must have the ability to
access the World Wide Web and must pay any service fee 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.
e) 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 at your
local Colony Bank.
5) AUTHENTICATION
a) During registration in MasterCard SecureCode, you may be asked to select
or may be provided a password 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 MasterCard SecureCode
password or hint response before the merchant accepts your MasterCard
card in payment for the transaction. If you are unable to provide your
MasterCard SourceCode password or hint response, or if the authentication
through MasterCard SecureCode otherwise fail, the merchant may not accept
your MasterCard debit card in payment for that transaction.
b) 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.
6) PRIVACY POLICY
a) MasterCard SecureCode stores your Registration Data. Your Registration
Data will not be shared with online retail merchants or merchants in
other transaction for which MasterCard SecureCode is used.
b) You acknowledge and agree that MasterCard SecureCode may keep your
Registration Data and also may disclose your Registration Data is 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 TOS.
c) Registration Data and all personally identifying information about you
is subject to our Privacy Policy. For more information, please see our
full Privacy Policy.
7) CARDHOLDER
PASSWORD AND SECURITY
You are solely responsible for maintaining the confidentiality of your
password, Registration Data and other verification information established
by you with MasterCard SecureCode, and all activities that occur using
your password, Registration Data or other verification information supplied
to or established by you with MasterCard SecureCode. You agree to immediately
notify us by contacting us as we require in our cardholder agreement with
you for a lost or stolen card, of any unauthorized use of your password
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, Colony Bank shall not be liable
for any loss or damage arising from your failure to comply with this TOS.
8)
YOUR CONDUCT
a) You agree not to:
i) Impersonate any person or entity using MasterCard SecureCode;
ii) 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;
iii) spam or flood the MasterCard SecureCode Website or service;
iv) 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;
v) remove any copyright, trademark, or other proprietary rights notices contained
in MasterCard SecureCode;
vi) “frame” or “mirror” any part of the MasterCard
SecureCode Website or service without MasterCard’s prior written authorization;
vii) 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 of its contents;
viii) otherwise interfere with, or disrupt, MasterCard SecureCode or servers
or networks connected to MasterCard SecureCode, or violate this TOS or any
requirements procedures, policies or regulations of MasterCard SecureCode
or of any networks connected to MasterCard SecureCode; or
ix) 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.
9) LIABILITY
a) You agree that Colony 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] due to:
i) negligence or intentional misconduct by us, our employees or agents;
ii) an attack by others on the systems we use to provide MasterCard SecureCode;
or
iii) any error in, or failure of, MasterCard SecureCode.
b) 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.
c) Colony Bank assumes no responsibility for, and will not be liable for,
any damages to, or any viruses which may affect, your computer equipment
of other property on account of your access to, use of, or downloading
from, this Web site.
10) TERMINATION
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. For your protection, we will automatically
deactivate your ability to use MasterCard SecureCode if it is not used
at least one time during any twelve (12) month period. If we deactivate
your ability to use MasterCard SecureCode, we will promptly give you
notice at the most current e-mail address you have provided to us as
reflected in our records.
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 agreement with you, Colony
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
a) You expressly understand and agree that any software obtained through
the use of MasterCard SecureCode downloaded and used at your own discretion
and risk and that except as otherwise provided in this TOS 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.
b) EXCEPT AS OTHERWISE REQUIRED BY ANY APPLICABLE STATE LAW, COLONY BANK
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT MASTERCARD SECURECODE OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTEIS AS TO MERCHANT ABILITY
OR FITNESS FOR A PARTICULAR PRUPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13) NOTICE
Notices to you may be made via either email of 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 or debit
cards issued or otherwise provided by us. You also may be notified of
changes to this TOS or other matters by notices displayed on or links
to notices displayed on http://www.colonybank.com.
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 password or other verification information.
Follow this link to register for MasterCard SecureCode