MasterCard SecureCode
Terms of Service
Welcome and thank you for choosing to use the
MasterCard SecureCode service (“MasterCard SecureCode”)
from The First Bremen Bank. Please read this Terms of
Service Agreement carefully before using MasterCard
SecureCode. In this Agreement, “we,” “us,” or “our” refers
to The First Bremen 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.friendlybremenbank.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) The
First Bremen 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 OBLIGATIONS
(a) By
signing up for MasterCard SecureCode, you authorize us to
retain certain information about you, your credit cards and
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, your
credit cards and 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 credit card or debit 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 allows us to validate your
identity and verify that you are the owner of or an authorized
user of the specified credit card(s) or debit card(s). The
information that you provide may be validated against
information we already have on file that is associated with you,
your credit card(s) or 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 credit cards and 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 credit card or 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
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.
(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 119 West Main Street, Bremen,
OH 43107 or you may call 1-800-542-5004 in accordance with the
instructions in our cardholder agreement with you.
(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 SecureCode password or
hint response, or if the authentication through MasterCard
SecureCode otherwise fails, the merchant may not accept your
MasterCard credit card or 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 transactions 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 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 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 at
http://www.friendlybremenbank..com.
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 not to transfer or sell your use of, or access to,
MasterCard SecureCode to any third party.
You agree to immediately notify MasterCard
SecureCode at 1-800-MC-ASSIST or online at
http://www.mastercard.com/cgi-bin/emergserv.cgi for
additional MasterCard telephone numbers outside of the United
States. 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, The First Bremen Bank shall not be liable for any
loss or damage arising from your failure to comply with this TOS.
(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 or 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 The First Bremen
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) The
First Bremen 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.
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, The First Bremen 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 is 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, The First Bremen 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.
13.
NOTICE
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 credit cards 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.friendlybremenbank.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.
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