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Legal Center
Super.com Terms of Use
Last Updated: January 3, 2025
IMPORTANT - PLEASE READ THESE TERMS
TERMS OF USE - INTRODUCTION
These Super.com Terms of Use (“Terms,” “Terms of Use”) form a legal agreement between Snapcommerce Holdings, Inc. DBA Super.com (together with its subsidiaries and affiliates, “Super.com,” “us,” “we,” or “our”) and you or the entity you represent (“you,” “your”). These Terms govern your use of the products and services (the “Services”) offered by Super.com or our partners via the Super.com website (the “Site”) or the Super.com mobile app (the “Super.com App”). These Terms of Use are effective upon the date you first access or use the Services (the “Effective Date”) and continue until you or Super.com terminates your use of the Services (this period, the “Effective Term”).
PLEASE READ: THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, OR WHERE PROHIBITED BY APPLICABLE LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT ANY DISPUTE BETWEEN YOU AND SUPER.COM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent that you are the age of majority in your state, province, or country of residence, or that you are the age of majority and you have given your consent to allow any of your minor dependents to use the Services.
When you use any Super.com Service (including, without limitation, Super+ Membership, Super.com Travel services, the Super.com App, the Super.com Secured Credit Card, or Super.com Earnings services) you are also subject to the additional guidelines, terms, and policies applicable to that Service (the “Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Service Terms control with respect to your use of that specific Service.
We may modify these Terms of Use or any Service Terms for any reason and at any time by posting a new version. Modifications to the Terms of Use or any Service Terms do not affect any rights or obligations that arose prior to the modifications, but your continued use of this Site or any Service following the posting of modified Terms of Use or any Service Terms will be deemed acceptance of such modified Terms of Use or any Service Terms in effect at the time of your use. Please review these Terms of Use periodically for changes. If you object to any provision of these Terms of Use or any subsequent modifications to these Terms of Use, your only recourse is to immediately terminate use of the Services.
YOUR ACCOUNT
USER ACCOUNT
Some or all of the Services may require you to create an account (“User Account”) to access, apply for, open, view, or otherwise interact with certain features or offers. To create a User Account, you may be required to pick a username, password, and/or other access credentials, and to provide a valid payment method for use with the Services. If there is a problem charging one payment method, we may charge any other valid payment method associated with your User Account, and we may try to collect an amount that is less than or equal to the amount outstanding. Registration data and other information about you is governed by our Privacy Policy. You are responsible for maintaining the confidentiality of your access credentials, and for restricting access to your computer and any other devices you use to access your User Account, and you agree to accept responsibility for all activities that occur using the User Account or your access credentials. You may not assign or otherwise transfer your User Account to any other person. You acknowledge that we are not responsible for third-party access to any User Account, including access that results from theft or misappropriation of the User Account or access credentials. We reserve the right, in our sole discretion, to refuse or cancel the Services, terminate User Accounts, or to remove or edit your content. You agree to (a) immediately notify us of any unauthorized use of your access credentials or User Account or any other security breach, and (b) ensure that you exit from your User Account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this provision.
LIMITED RIGHT TO ACCESS TO SUPER.COM SERVICES
Subject to your compliance with these Terms of Use and any applicable Service Terms, Super.com grants you a personal, non-commercial, limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services via our site or the Super.com App. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Super.com or its licensors, suppliers, publishers, rightsholders, and or other content providers.
Nothing in these Terms of Use or any Service Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Super.com trademarks displayed on the Site, the Super.com App, their content, or in connection with the Services, without our prior written permission in each instance. All goodwill generated from the use of Super.com trademarks will inure to the exclusive benefit of Super.com. You may not, among other things: download, copy, or otherwise use account information for the benefit of any third party; use any of data mining, robots, scraping, or similar data gathering or extraction tools; or use any meta tags or any other “hidden text” utilizing Super.com’s name or trademarks without the express written consent of Super.com. Further, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Site, the Super.com App, or any third-party content, in whole or in part, except that the foregoing does not apply to your own content that you legally upload to the Site or the Super.com App.
In addition to other prohibitions as set forth in these Terms of Use, the Service Terms or the Additional Terms, you are prohibited from using the Site, the Super.com App, or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. We also reserve the right to refuse to provide the Services to anyone for any reason at any time. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Super.com may, at its sole discretion, terminate your rights to use the Services, remove or edit any content, or cancel orders for any or no reason, including if you do not comply with these Terms of Use or any applicable Service Terms. You agree that from time to time we may remove or change the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use, the Services is at your sole risk.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
For some of the Services, we may allow you to post reviews, comments, photos, videos, and/or other content; or to submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third-parties or objectionable, and does not consist of or contain software viruses, worms, any code of a destructive nature, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not represent yourself as anyone other than your legally recognized person, by using a false e-mail address, impersonating any person or entity, or otherwise misleading as to the origin of any content you post. Super.com reserves the right (but not the obligation) to remove or edit such content at any time at its sole discretion. Super.com takes no responsibility and assumes no liability for any content posted by you or any third party.
If you do post material, and unless we indicate otherwise, you grant Super.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Super.com and our sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the right, title and interest in and to the content that you post, including all copyrights and rights of publicity; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Super.com for all claims resulting from content you supply. You understand that the technical processing and transmission of the Services, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services, submitted by you to us are non-confidential, and we will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.
TERMINATION
You agree that we, in our sole discretion, may suspend, restrict access to, or terminate your User Account or bar your use of any of the Services and remove and discard any of your content within the Site or the Super.com App, for any reason, including for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, any Service Agreement, or any Additional Terms. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. You acknowledge and agree that any termination of your access to the Services, the Site, the Super.com App, and/or any related content may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your User Account and all related content, information, and files in your User Account and/or bar any further access to such files or the Services, subject to applicable law. You agree that we will not be liable to you or any third party for any termination of your access to the Services, the Site, the Super.com App, or any related content. If we terminate or otherwise discontinue your User Account or your use of the Services, the Site, the Super.com App, or any related content, you may lose your accumulated credits. Our decision on all questions or disputes regarding Super+ membership, User Accounts, or access to the Services is final. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Use for all purposes.
LEGAL
APPLICABLE LAW
These Terms of Use, the Service Terms, the Privacy Policy, the Additional Terms, or any other terms applicable to the Services and any dispute arising from them, will be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of law principles, except for the Arbitration Agreement and Class Action Waiver sections, as set forth further herein.
Any lawsuits arising in connection with these Terms of Use, the Service Terms, the Privacy Policy, the Additional Terms or any other terms related to the Services, the Site, the Super.com App, or any related content must be initiated in the State of Delaware, and you irrevocably consent to the nonexclusive personal jurisdiction and venue of the courts sitting therein. Super.com reserves the right to commence legal action in the State of Delaware in order to enforce these terms, including the right to seek injunctive relief or other equitable relief to enforce compliance with these terms. The U.N. Convention on Contracts for the International Sale of Goods will not apply to the Services, the Site, the Super.com App, or any related content. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
PRIVACY
Our Privacy Policy applies to your personal information provided to, or otherwise collected by, us in connection with the Services, the Site, the Super.com App, or any related content.
COPYRIGHT AND TRADEMARKS
All contents of the Services, the Site, the Super.com App, and any related content are © 2024–2025 SnapCommerce Holdings, Inc. DBA Super.com. All rights reserved.
The names, graphics, logos, page headers, buttons, icons, scripts, and service names included in or made available through Super.com, the Site, the Super.com App, or any related content, including, without limitation, “Super.com”, “Super.com App”, “Super.com Travel”, and “Super.com Financial Products & Earnings”, are trademarks, trade dress and service marks of Super.com. All trademarks not owned by Super.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Super.com.
INTELLECTUAL PROPERTY COMPLAINTS
To report allegations of copyright infringement, send a Digital Millennium Copyright Act (DMCA) notification to us that includes ALL of the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of where the material you claim is infringed is located on our website;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material violates your rights (or those held by the rights owner you represent), and that the use of the material is contrary to law;
- A statement by you that you declare under penalty of perjury that the information you provided is correct and accurate and that you are the owner or agent of the owner of the rights you describe; and,
- A statement that the information included in your report may be shared by Super.com with all applicable Super.com suppliers.
Your notification can be sent by email to: copyright@super.com
Reports of other intellectual property infringement must be submitted to IPClaim@super.com and must be of sufficient detail, signed by the rights owner or legal agent, and include the statements in items 4 and 5 above in order to be processed by Super.com.
Please note that we do not process reports to enforce exclusive or selective distribution agreements, M.A.P. policies or contractual disputes.
SANCTIONS AND EXPORT POLICY
You may not use any of the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including the Super.com App), technology, and services.
INDEMNITY AND RELEASE
You agree to release, indemnify, and hold us, our third party product or service providers, our and their affiliates, officers, employees, directors, and agents harmless from any and all losses, damages, fines, penalties, fees, costs and expenses, including reasonable attorneys’ fees, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services, any content you upload or otherwise make available in connection with the Services or on the Site or the Super.com App, your violation of these Terms of Use, or your violation of any rights of another.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Super.com is not responsible for any failures caused by server errors, faulty internet connections, any computer or other technical defect, whether human or technical in nature. The Site or the Super.com App may provide hyperlinks to websites operated by parties other than Super.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or practices. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site, the Super.com App, or other websites accessed through the Site or the Super.com App) is free of viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
No guarantees are made regarding the availability of the Services, including the availability of hotel services, inventory, or that a user will always receive the lowest available price, or the validity of any content provided to us by a third-parties, including hotel suppliers or goods suppliers.
The content, information, or products and services provided through the Site or the Super.com App may include inaccuracies or errors, including pricing errors. Super.com does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of any products or services available or displayed via the Site or the Super.com App.
SUPER.COM DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, SUPER.COM HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SECURITY, RELIABILITY, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, SUPER.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SUPER.COM AND ANY THIRD PARTY PRODUCT PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUPER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES, THE SITE, THE SUPER.COM APP, OR ANY RELATED CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, THE SITE, THE SUPER.COM APP, OR ANY RELATED CONTENT; (c) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY FROM THE SERVICES, ON THE SITE, THE SUPER.COM APP, OR ANY RELATED CONTENT; OR (e) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL SUPER.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SUPER.COM IN THE LAST SIX (6) MONTHS OR, IF GREATER, $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, THE SITE, THE SUPER.COM APP, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE.
ARBITRATION AGREEMENT
ARBITRATION AGREEMENT & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS MAY AFFECT YOUR LEGAL RIGHTS. APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW.
Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services - other than any Financial Products & Services related to the Super.com Card or Super.com Deposit Account, which are governed by the Super.com Deposit Account Agreement and the Super.com Secured Credit Card Agreement - (each, a “Dispute” and collectively, the “Disputes”) will be resolved solely by binding, individual arbitration, unless expressly provided otherwise in this Section, and not in a class, representative, or consolidated action or proceeding. You and Super.com agree that the U.S. Federal Arbitration Act (or equivalent laws in the jurisdiction in which the Super.com entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that YOU AND SUPER.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Section shall survive the termination of these Terms.
Exceptions and Opt-out Option. The only exceptions to this Section are the following: (1) you or Super.com each may seek to resolve an individual Dispute in small claims court if it qualifies; (2) you or Super.com each may seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights; or (3) you may opt out of arbitration entirely and litigate any Dispute individually if you provide us with a signed, written notice of your decision to do so pursuant to the conditions below; however, if you are opting out of an updated version of this arbitration provision, you understand that you will remain subject to the prior version of any arbitration provision to which you had previously agreed.
Initial Dispute Resolution and Notification. You and Super.com agree that, prior to initiating an arbitration or other legal proceeding, you and Super.com will attempt to negotiate an informal resolution of the Dispute. To begin this process, and before initiating any arbitration or legal proceeding against Super.com, you must send a Notice of Dispute (“Notice”) to the attention of Super.com’s Legal Department at legalrequests@super.com. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).
Your Notice to Super.com must contain all of the following information: (1) your full name, address, and the email address associated with your Super.com User Account; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing Super.com to disclose information about you to your attorney.
After receipt of your Notice, you and Super.com shall engage in a good-faith effort to resolve the dispute for a period of sixty (60) days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor Super.com may initiate an arbitration or other legal proceeding. If the Dispute is not resolved during the Informal Dispute Resolution Period, you may initiate an individual arbitration as provided below.
Conducting Arbitration and Arbitration Rules. Any arbitration must be initiated with and conducted by National Arbitration & Mediation (“NAM”) pursuant to its Comprehensive Dispute Resolution Rules and Procedures and/or its Mass Filing Supplemental Dispute Resolution Rules and Procedures (together, the “NAM Rules”), except as modified by these Terms. The NAM Rules are available at www.NAMADR.org. In any instance where the applicable NAM Rules and these Terms are inconsistent, these Terms shall control. An arbitration Demand filed with NAM must include a certification signed by the filing party verifying compliance with the Initial Dispute Resolution and Notification requirements and other requirements set out in this Section. If NAM fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint the arbitration administrator. Any arbitration hearing will take place in or nearest to the county or municipality where you live, unless you and Super.com agree to a different location or to a virtual hearing. The arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement, except that only a court of competent jurisdiction as set forth in these Terms (and not an arbitrator) shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver set forth in these Terms or the Mass Filing procedures set forth in the Sections below are unenforceable, unconscionable, void, or voidable.
MASS FILING PROCEDURES.
YOU AND SUPER.COM AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A MASS ARBITRATION. Super.com’s receipt of one or more Notice(s) of substantially similar claims brought by or on behalf of twenty-five (25) or more claimants (including you) within a sixty (60) day period (“Mass Filing”) shall be subject to the additional procedures set forth below. Claims included in a Mass Filing, if not resolved during the Informal Dispute Resolution Period, may proceed only in accordance with the procedures set out below, and subject to the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/”) to the extent not contrary to these Terms. If a court determines that any part of this Section is not enforceable as to your claim, then your claim may only proceed individually in court consistent with the remaining Terms.
A. First (Bellwether) Batch. The first batch of up to fifty (50) Demands are the Bellwether Arbitrations. If your claim is included in the Bellwether Arbitrations, you and Super.com shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within one hundred and twenty (120) days of the initial pre-hearing conference.
B. Stay of Filing of Other Claims. If your claim is not among those selected for the Bellwether Arbitrations, your claim cannot be filed until it is assigned to a batch and authorized to be filed in a later stage of this process. No arbitration fees will be assessed on you or Super.com in connection with your claim unless and until it is assigned to a batch and authorized to be filed with NAM.
C. Mediation. After the Bellwether Arbitrations are completed, if your claim remains unresolved, you and Super.com agree to mediate your claim along with any other unresolved claims included in the Mass Filing (“Global Mediation”). The mediator will be selected according to the procedure set forth in the NAM Rules, and Super.com will pay the mediator’s fees. The Global Mediation shall be completed within one hundred and twenty (120) days of the selection of a mediator, unless extended by written agreement between you and Super.com.
D. Election To Proceed in Court. If Global Mediation is not successful in resolving your claim, and one hundred (100) or more claims included in the Mass Filing remain unresolved, you or Super.com may opt out of arbitration and elect to have your claim resolved in court consistent with these Terms. You or Super.com must exercise this election within forty-five (45) days of the completion of Global Mediation.
E. Sequential Arbitration of Remaining Batches. If neither you nor Super.com opt out of arbitration, another batch of no greater than fifty (50) individuals’ claims will be selected from the Mass Filing, with twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty) selected by counsel for claimants and twenty-five (25) claims (or half of the total number of claims in a batch, if less than fifty) selected by Super.com. If your claim is included in this next batch of fifty (50) claims, your claim will be filed with NAM, and you and Super.com shall cooperate with the arbitrator assigned to your arbitration to resolve your claim within one hundred and twenty (120) days of the initial pre-hearing conference. The process of batching up to fifty (50) individual claims at a time will continue until the parties resolve all claims included in the Mass Filing. No unbatched claim can proceed to be filed as a Demand until the previous batch has been resolved.
Tolling. For any claim subject to these Mass Filing procedures, any statute of limitations applicable to your claim shall be tolled from the date the Informal Dispute Resolution Period begins until the earlier of (1) the date your arbitration Demand is filed, or (2) the date you or Super.com opts out of arbitration pursuant to these Terms.
Location of Arbitration. Any required arbitration hearing may be conducted, at your option, in (a) the county, parish, or province in which you reside; (b) the State of Delaware; (c) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator; or (d) by telephone or videoconference.
Arbitration Costs. Payment of all arbitration filing fees and costs will be governed by the applicable NAM Rules. If you prevail on your claim in arbitration, Super.com will reimburse you for any portion of the arbitration filing fees you paid that exceeded the amount you would have paid to file a complaint in a court of competent jurisdiction pursuant to these Terms. If Super.com prevails on your claim in arbitration, and the arbitrator finds that your claim was frivolous or filed in bad faith, the arbitrator may award Super.com reimbursement from you of Super.com’s arbitration filing fees and costs.
Offer of Settlement. Super.com may, but is not obligated to, make a written offer to settle your claim at least fourteen (14) days before the arbitration hearing date. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If an award is issued in your favor but is less than Super.com’s settlement offer, the arbitrator may order you to pay the arbitration costs incurred by Super.com after its offer was made, unless otherwise prohibited by the underlying law governing your claim.
CLASS ACTION WAIVER.
YOU AND SUPER.COM AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. THIS ALSO MEANS THAT YOU AND SUPER.COM MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THIS PROVISION OR ANY OTHER LANGUAGE IN THESE TERMS, YOU OR SUPER.COM MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SUPER.COM WAIVE ANY RIGHT TO A JURY TRIAL.
Effect of Changes on Arbitration. Notwithstanding what is stated in Paragraph 5 of these Terms of Use, if Super.com changes any terms of this Section after the date you first accepted these Terms or any subsequent changes to these Terms of Use, you may reject the new changes to this Section by sending us written notice to legalrequests@super.com within thirty (30) days of the date such change became effective, as indicated by the later of (1) the “Last Updated” date of the Terms of Use you seek to reject or (2) the date of Super.com’s email to you notifying you of such change. Even if you reject a change, you will remain subject to the last version of the Terms of Use you had accepted.
Severability. If any portion of this Section is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Section and all other Terms of Use shall continue to be enforceable and valid.
OUR ADDRESS
SnapCommerce Holdings, Inc. DBA Super.com
260 Queen Street West, Unit 400
Toronto, ON, Canada M5V 1Z8
APPLICATION TERMS
APP PERMISSIONS
By using the Site or the Super.com App, you grant certain permissions to us during the installation process. Some features of the Super.com App may be limited or not work if you fail to grant these permissions. We may also incorporate third-party proprietary code, tools, libraries, or components (“Third-Party Code”) for enhanced functionality and features. By using the Site or the Super.com App, you acknowledge and agree that: (1) the Third-Party Code integrated into the Site or the Super.com App is owned by its respective third-party licensors and is protected by intellectual property laws, including copyright and trade secrets. We do not claim ownership of the Third-Party Code; (2) your use of the Site or the Super.com App grants you a limited, non-exclusive, non-transferable license to use the Third-Party Code solely in conjunction with the app and in compliance with the terms specified by the third-party licensors. Any use of the Third-Party Code outside the scope of the Site or the Super.com App is strictly prohibited; and (3) the Third-Party Code is provided “as is” and “as available.” We do not make any warranties or representations regarding the functionality, security, reliability, or performance of the Third-Party Code. Any issues, errors, or liabilities arising from the Third-Party Code are the responsibility of the respective third-party licensors.
SPECIAL TERMS REGARDING APP STORES
The Super.com App may be made available through the Apple, Inc. (“Apple”) App Store, the Google Play Store, the Android Marketplace, or other app stores (collectively, the “App Stores” and each, an “App Store”). If you obtain such software through an App Store, you may be subject to additional terms of that App Store. To the extent that you use any other third party products and services in connection with your use of the Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Apple-Enabled Applications. With respect to apps made available for your use in connection with an Apple-branded product (such apps, “Apple-Enabled Apps”), in addition to the other terms and conditions set forth in these Terms of Use, Service Terms or any Additional Terms, the following terms and conditions apply: Super.com and you acknowledge that these terms are between Super.com and you only, and not with Apple, and that as between Super.com and Apple, Super.com, not Apple, is solely responsible for the Apple Enabled Apps and its content. You may not use the Apple Enabled Apps in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple Enabled Apps in, or otherwise be in conflict with, the Apple App Store Terms of Service.
Any license we may give you to use the Apple Enabled Apps is limited to a non-transferable license to use the Apple Enabled Apps on an iOS product that you own or control, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple Enabled Apps.
Apple is not responsible for any product warranties, whether express or implied. In the event of any failure of the Apple Enabled Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Enabled Apps to you, if any; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Enabled Apps, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Super.com’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Super.com and you acknowledge that Super.com, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple Enabled Apps or your possession and/or use of that Apple Enabled Apps, including: (i) product liability claims; (ii) any claim that the Apple Enabled Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple Enabled Apps or the end-user’s possession and use of that Apple Enabled Apps infringes that third party’s intellectual property rights, as between Super.com and Apple, Super.com, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Super.com and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms with respect to the Apple Enabled Apps, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you with respect to the Apple Enabled Apps as a third-party beneficiary.
Google Android Enabled Applications. By downloading the Super.com App from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree to the following: To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the (“Google Play Terms”), and (b) the other terms and conditions in these Service Terms, the Google Play Terms shall apply with respect to your use of the Super.com App.
ELECTRONIC COMMUNICATIONS AND MESSAGING
CONSENT TO ELECTRONIC COMMUNICATIONS
This Consent to Electronic Communications (the “Consent”) contains important information about your legal rights—please read it thoroughly and print or save a copy. This Consent covers the Site, the Super.com App, Super+ Membership, Super.com Travel services, and Super.com Earnings services (collectively, the “Super.com Membership and Travel Services”). Electronic communications relating to the Super.com Card or the Super.com Deposit Account are addressed in the Super.com Deposit Account and Secured Credit Card Consent to Electronic Communications.
We must provide you with certain communications and disclosures in writing (i.e., you have a right to receive such communications on paper) pursuant to applicable laws and regulations. This information may be provided to you electronically if you agree to this Consent. Because the Super.com Membership and Travel Services are provided online and use electronic means to deliver information, you must agree to this Consent to obtain and use the Super.com Membership and Travel Services.
You agree that we may provide electronic delivery—which includes delivery to the website on which you access any Super.com Membership and Travel Service, delivery to the Super.com App, delivery by email, or delivery by other electronic means—of agreements; disclosures; notices and other information and communications regarding the Super.com Membership and Travel Services made available to you (collectively, the “Communications”).
Communications include, but are not limited, to the following:
- This Consent and any updates thereto;
- Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to the Super.com Membership and Travel Services;
- Our Privacy Policy, Privacy Notice, and other privacy statements or notices;
- Certain tax statements or notices, such as the annual IRS interest statements; and
- Certain information or forms that we request from you and ask you to submit electronically.
HOW TO WITHDRAW CONSENT; EFFECT OF WITHDRAWAL
Your consent remains in effect until you give us notice that you are withdrawing it. You may withdraw this Consent at any time by contacting us at finproductssupport@super.com. If you withdraw this Consent: (i) we will immediately suspend or terminate your access to the Super.com Membership and Travel Services and any accounts you have with us; (ii) you will remain responsible for any amounts that you owe us or may come due under any such Super.com Membership and Travel Services; and (iii) any other obligations you have under any agreements governing such Super.com Membership and Travel Services will remain in full force and effect. Withdrawal will not affect any Communications we provided to you prior to your withdrawal, and we will send any required further Communications to you in paper form. We will not impose any fee in connection with any withdrawal of this Consent or any Communication provided in paper form. Any withdrawal of this Consent will be effective only after we have a reasonable period of time to process your withdrawal request.
RETENTION OF ELECTRONIC COMMUNICATIONS
You should print or make a copy of any Communications you receive by either using the “Print” button to print a copy or by saving a copy by downloading it to your computer.
OBTAINING PAPER COPIES
Upon request, we will provide you with a paper copy of any Communication that we have provided to you electronically. If you would like a paper copy of any Communication, please make the request to finproductssupport@super.com. There will be no charge for a paper copy of any Communication we have sent to you electronically.
HARDWARE AND SOFTWARE REQUIREMENTS
To electronically receive and view and/or electronically save or print the Communications, you must have:
- a personal device with Internet access;
- a widely-used, recent-generation web browser (for example, Internet Explorer, Safari or Firefox);
- a widely-used, recent-generation portable document file reader (for example, Adobe Reader);
- an email address;
- and either a printer, hard drive or other storage device.
You represent that you have the hardware, software, email address and email capacities described above, and your ability to read this Consent demonstrates that you have the necessary hardware and software to receive Communications electronically.
UPDATING YOUR RECORDS
You must immediately notify us of any change to your email address, contact information and other information related to this Consent, the Super.com Membership and Travel Services and any account(s). You can update this information through your profile section in the Site or the Super.com App. You represent and agree that you have provided us with a current email address at which we may send electronic Communications to you.
FEDERAL LAW
You acknowledge and agree this Consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
RESERVATION OF RIGHTS
This Consent does not apply to any Communication that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
ELECTRONIC COMMUNICATIONS AND MESSAGING
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and hereby agree to the terms in the Consent to Electronic Communications.
Super.com may use texting or messaging features to communicate with you. If you sign up or otherwise engage with any of the Services using a phone number, you opt-in to receive text (SMS) messages from us and agree that Super.com, and those acting on our behalf, may send you text messages at the phone number provided. These messages may include operational messages about your use of the Services and promotional messages. You may opt out of receiving promotional text messages at any time by replying “STOP” from the mobile device receiving the messages. You may continue to receive promotional text messages for a short period while Super.com processes your request. You may also receive text messages confirming the receipt of your opt-out request and any operational text messages about the Services. Opting out of receiving operational text messages may impact the functionality of the Services, and you will no longer be able to use the Services via your phone’s SMS or text messaging application (but you may continue to use the Services via our websites and third-party applications, such as Facebook Messenger or WhatsApp). Text messages may be sent using an automatic telephone dialing system. Your agreement to receive promotional text messages is not a condition of any purchase or use of the Services. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier.
ADDITIONAL TERMS
SUPER+ MEMBERSHIP
We offer access to certain benefits, products and services through the Super+ Membership, including, but not limited to, additional savings on Super.com Travel purchases, as well as access to certain Super.com Financial Products & Earnings Services features described in the Financial Products & Earnings Service Terms (the “Super+ Membership Services”). Super.com may choose in its sole discretion to add or remove Super+ Membership Services at any time and from time to time. Super.com does not guarantee that all of the Super+ Membership Services will always be available to you or that you will qualify or be able to utilize any particular Super+ Membership Service. Super+ Membership Services may change from time to time, and certain Super+ Membership Services may be discontinued or others may be added..
From time to time, Super.com offers some users trial or other promotional offers towards a Super+ Membership. Such trial or promotional memberships are subject to these Terms of Use except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per household and may not be combined with any other promotion. You may not transfer or assign your Super+ Membership or promotional codes for Super+ Membership, except as allowed in these Terms of Use. YOU AGREE THAT AT THE END OF YOUR APPLICABLE FREE TRIAL OR PROMOTIONAL MEMBERSHIP PERIOD, YOUR SUPER+ MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE MEMBERSHIP FEE STATED IN YOUR OFFER AT THE BEGINNING OF EACH BILLING CYCLE UNTIL YOU CANCEL YOUR SUPER+ MEMBERSHIP. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE TRIAL OR PROMOTIONAL MEMBERSHIP BEFORE THE END OF THE TRIAL OR PROMOTIONAL SUBSCRIPTION IN ACCORDANCE WITH THE MEMBERSHIP CANCELLATION PROCEDURE DESCRIBED ABOVE. If you cancel your Super+ Membership before the free trial or promotional membership period has expired, Super.com will not charge you for the subsequent Super+ Membership term. If you have a free trial or a promotional membership and you cancel your Super+ Membership, your access to your membership benefits will end upon cancellation.
The Super+ Membership Services may be offered by us or by, or in conjunction with, third-party partners. Access to the Super+ Membership Services may be subject to Additional Terms, which are hereby incorporated by reference. If there is a conflict between these Terms of Use and the Additional Terms, such Additional Terms will take precedence with respect to the specific aspects of the Super+ Membership Services to which it applies.
Fees
Your Super+ Membership fee is stated in the “My Account” section of the Super.com App. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Super+ Membership fee is non-refundable except as expressly set forth in these Terms of Use.
Renewal
UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUPER+ MEMBERSHIP WILL AUTOMATICALLY RENEW FOR THE AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL TO YOUR LINKED PAYMENT METHOD. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR NOT AUTO RENEW BASED ON THE PROCESS IN THE MEMBERSHIP CANCELLATION SECTION, YOU UNDERSTAND YOUR SUPER+ MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Payment
Your Super+ Membership fee will be automatically charged to your linked payment method in USD currency. Super+ Membership fees are payable monthly or annually in advance. When you purchase your Super+ Membership, you'll be charged the membership fee for your first billing cycle on the date of purchase, which activates the monthly or annual renewable Super+ Membership. Unless you cancel, you'll be charged based on the billing date and billing cycle indicated on your “My Account” page when logged into the Site or in the Super.com App. In certain circumstances, your billing date may change; for instance, if we are unable to successfully charge your card for the Super+ Membership fee on a given day (e.g., a Federal holiday or technical failures). If all eligible payment methods we have on file for you are declined for payment for your Super+ Membership fee, Super.com may automatically retry your selected payment method for the full amount or some portion thereof periodically over the course of your billing cycle to help you get back to enjoying the benefits of your membership, and/or may attempt to charge another payment method that we have on file. If all eligible payment methods we have on file for you continue to be declined, you must provide us a new eligible payment method promptly or your Super+ Membership will be canceled effective immediately. Super.com is not responsible for any fees charged by the cardholder's bank including, but not limited to, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross border fees, and other penalties levied by the cardholder's bank. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
Cancellation
You may cancel your Super+ Membership any time by calling our Customer Support team at 1 (844) 461-2577. You can also find this information on the Site or the Super.com App if you visit “My Account”. Additionally, if you are a resident of California or New York you may cancel your membership by visiting “My Account” and selecting “Cancel my membership”. If you would like to cancel your Super+ Membership, in order to not be charged on your upcoming billing date as indicated in your “My Account” page on the Super.com App, you must notify Super.com at least three (3) business days before the applicable billing date. If we do not receive notice at least three (3) business days before the scheduled billing date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so, and the cancellation will apply for the following billing cycle. All payments are non-refundable and non-transferable, and will not be refunded on a pro-rata basis for any cancellation. In the event of the termination of a Super+ Membership, including free trials or promotional memberships, all associated benefits shall terminate immediately. However, any earned Super+ credits shall be retained.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SUPER+ MEMBERSHIP.
REFERRAL PROGRAM
We may offer users the opportunity to participate in programs rewarding users for referring their friends and family members to Super.com (each a “Referral Program”).
We may provide you the opportunity to receive a promotional reward (“Reward”) for taking specific actions, like referring a friend to Super.com. Rewards may be issued as Promotional Credit to your User Account, or by other means we select from time to time. In order to earn Rewards through referrals, you will need to follow the instructions specific to that rewards program. Typically, we will provide you with a unique referral code to share with friends and family that they must enter when they sign up for a User Account or use a particular Service. The amount of Rewards you might earn for a referral, and the amount of cash (if any) for which a Reward may be redeemed, may vary from time to time in our sole discretion. We may offer temporary promotions pursuant to which you may earn a certain amount of Rewards for referrals made during the specified promotional period, and these promotions may be subject to additional terms and conditions that you are required to accept and that are incorporated into these Terms of Use by reference. Unless otherwise specified by the terms of a promotion, you may only earn one Reward per User Account opened by a friend you referred to, even if you referred two or more friends who each become owners of the same User Account. You may not earn any Rewards if your User Account is past due, canceled, has a returned payment outstanding, or is otherwise in default. Rewards are issued solely for loyalty, awards, and promotional purposes. You may not use your Rewards for a business or commercial purpose. Rewards have no cash value until and unless Super.com credits your User Account. Rewards are not your property and you cannot transfer Rewards to any other person. Rewards cannot be transferred by operation of law. Rewards remain the property of Super.com until Super.com credits them to your User Account. Super.com reserves the right to decline to credit your User Account for Rewards earned at any time and for any reason, subject to applicable law. If we, in our sole discretion, determine that you have engaged in abuse, misuse, or fraud in connection with earning Rewards or that you attempt to do so, we may take any action, including: (i) revoking any Rewards; (ii) temporarily suspending your ability to earn Rewards or receive a credit for Rewards previously earned; (iii) terminating your participation in the Rewards Program; and/or (iv) canceling your User Account.
We may add to, terminate, and/or change the Referral Program at any time with or without notice to you. You acknowledge that in the event we make these changes, you may no longer be able to earn Rewards. If you or we close your User Account for any reason, we may immediately require you to forfeit all of your ability to earn Rewards. There is no fee to participate in the Referral Program. You are responsible for any federal, state, or local taxes as a result of earning Rewards.
CARD LINKED OFFERS
If you register a payment card in connection with any of the Services, Super.com will collect and/or receive data from third parties relating to transactions with the registered payment card. Transaction data may include limited redemption information for cardholder’s qualifying purchase, such as cardholder ID and associated transaction date/time, transaction amount, and merchant ID. Notwithstanding anything to the contrary in other terms or privacy policies, transaction data may be used to monitor transactions on your registered payment card(s) to identify qualifying purchases, determine program eligibility, and operate and analyze the effectiveness of the card link program. Specifically when you register and link a payment card, Mastercard may: (1) monitor activity on your linked payment card(s) to identify qualifying transactions, and may share such transaction details with Super.com to enable your card linked offer(s) and otherwise facilitate your participation in Super.com's program, as set forth in Service Terms and Privacy Policy; and (2) may retrieve and analyze up to thirteen (13) months of prior transaction data history for your enrolled card for the purpose of targeting and assigning marketing offers to you. You may opt-out of transaction monitoring or the program on the payment card(s) you entered at any time through the Site or the Super.com App or by contacting our Customer Advocates. In certain circumstances, we reserve the right to initiate a clawback of cashback granted to users for specific offers previously opted into and for which cashback has already been received.
THIRD PARTIES
The Services, the Site or the Super.com App may provide, or third parties may provide, links or other forms of access to other sites and/or resources on the Internet. We have no control over such sites and resources, and we are not responsible for and do not endorse such them. Access to these Services may be subject to additional terms and conditions or other agreements specific to these Services (“Additional Terms”). These Service Terms hereby incorporate any Additional Terms to which you may agree by reference. If there is a conflict between these Service Terms and the Additional Terms, such other Additional Terms will take precedence with respect to the specific aspects of the Service to which it applies. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties (including other users) found while using the Services, the Site, or the Super.com App are exclusively between you and the third party, and you agree that we are not liable for any loss or claim that you may have against them. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other third party (including other users) of the Services, the Site, the Super.com App, or any related content. You may enable or log in to certain Services via various online third-party services, such as social media and social networking services (“Social Media”). To take advantage of this feature and capabilities, we may ask you to authenticate, register for, or log into Social Media on the websites of their respective providers. As part of such integration, Social Media will provide us with access to certain information that you have provided to such Social Media, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of connecting Social Media services and our use, storage, and disclosure of information related to you and your use of such Social Media in connection with the Services, please see our Privacy Policy. The manner in which Social Media use, store, and disclose your information is governed solely by the policies of those Social Media, and we have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services. The integration or inclusion of such features does not imply an endorsement or recommendation. You agree that we may use your personal information, as well as information and transactional history from your Linked External Account to provide you with these Services, to market additional Services to you, and for other purposes as described in our Privacy Policy.
DATA-BACKED CLAIMS AND RELIANCE
We acknowledge that data-backed claims are based on available information and sources that are deemed reliable. However, we do not guarantee the absolute accuracy, completeness, or up-to-dateness of such claims. You understand and agree that any decisions or actions taken based on data-backed claims provided by us are at your own risk. We shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from the use of such claims, including but not limited to financial losses, business interruptions, or reputational harm. You are encouraged to independently verify any data-backed claims provided by us before making critical decisions. We shall not be responsible for any adverse outcomes resulting from the User’s reliance solely on these claims without conducting appropriate due diligence.
UNIFIED CREDITS
If you hold a Super.com Secured Credit Card (the “Super.com Card”), when you receive credits from Super.com you will be able to use those credits across our platforms. This means that if you receive credits for using Super.com Travel Services, these credits can be redeemed to your Super.com deposit account (“Super.com Deposit Account”), where you can use it towards your everyday purchases on your Super.com Card. Additionally, if you receive cash rewards from your Super.com Card, these can be applied as credits to your Super.com Travel bookings. Please note, there is a $200 daily, $500 weekly, and $1000 monthly redemption limit, so you may not have immediate access to your full cash rewards if you choose to redeem your credits or cash rewards into your Super.com Deposit Account towards purchases on your Super.com Card.
Super.com Privacy Policy
Last update: January 3, 2025
This Privacy Policy (this “Privacy Policy”) describes how Snapcommerce Holdings, Inc. DBA Super.com and its parent, subsidiaries and affiliates (collectively “Super.com,” “us,” “we,” or “our” ) collect, use and share the information that you provide to us or that we gather from you while you use our websites, products, services, and applications (collectively, the “Super.com Services”), whether or not such Super.com Services reference this Privacy Policy. This Privacy Policy also applies when you supply any information to Super.com through third-party websites or other online channels.
For holders of the Super.com Card, Super.com Deposit Account users, or users of any other product or service provided by Republic Bank & Trust Company or its successor (the “Bank”), the Gramm-Leach-Bliley Act and similar state financial privacy laws govern your financial privacy rights. Please consult the Privacy Notice associated with the Super.com Card for information on collection, storage, sharing, and use of your information. A copy of the Bank’s Privacy Notice may be found here [INSERT LINK].
Personal Data Collected
“Personal Data” is any and all personally identifying information that relates to you. We collect the following types of Personal Data in the following ways:
- Your legal name, billing and/or residential address, email address, telephone number,, and other similar forms of information that you provide to us as a user of Super.com Services;
- Technical information, such as cookies, IP address, and similar technical information, gathered through your use of the Super.com Services;
- Information about the Super.com Services you utilize and how you use such services, including, without limitation, travel destinations and offerings utilized, shared in connection with the Super.com Services;
- Information we collect about your use of accounts and payment mechanisms utilized by you in connection with the Super.com Services; and
- Information collected from third parties.
Information That You Provide
When you use the Super.com Services, you voluntarily share some personal information with us. These are things like your name, telephone number and intended travel city and dates, or your shipping address or banking information. If you make a booking or purchase with us, we’ll ask you to share some additional info such as your email address, shipping address, billing address, payment details and the guests traveling with you. If you use the Super.com Cash Advance or Earnings Services we may ask you to provide information about your accounts with banking or other financial institutions to enable us to provide you with such services. You may also voluntarily share other personal information with our third-party partners in connection with the Super.com Earnings Services.
You can choose which information you feel comfortable providing and which information you’d rather not share. However, there is some information that is required to be collected in order to provide the Super.com Services. This includes, but is not limited to:
- Information Required to Make a Booking or Purchase Goods: This is collected so that we can facilitate your making a booking or purchasing goods and includes things like full legal name of the person using the Super.com Services, payment details, including credit card details or PayPal account, and billing address (and in the case of goods shipping address), an email address where a confirmation email and receipt/invoice can be sent.
Other Information Collected From Use of the Super.com Services
- Device Information: This is collected so that we understand the type of device or software you are using to interact with Super.com. This information includes things like Desktop of Mobile, Android or Apple, Chrome or Safari, etc. and helps us better understand how users are engaging with us. This information ensures we can provide full support for all devices. For more info on what data is shared, contact your device manufacturer or software provider.
- Cookies and Log Data: These are used to record information about your session. This includes things like your IP address, internet service provider, your time zone, the date and time of your searches and messages, information about the individual web pages or products that you view, what websites or search terms referred you to our website, and information about how you interact with our website, and cookies or data provided to third-party analytics tools. This information helps us to better understand how you use our website, and what your preferences are. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- Location Information: We may collect location data (including the zip code you use for shipping, billing or provide as your local zip code when applying for Super.com Services) as well as your geolocation while using the Super App.
- Voice Data: Your voice may be recorded when you call our customer care representatives.
Information Collected from Third Parties
- Third-Party Applications: If you link, connect, or use your Super.com User Account with a third party application (Facebook Messenger, Whatsapp, SMS, etc.) these apps will share certain Personal Data with Super.com, such as your name and profile picture. Your use of these other third-party communication services remains subject to their terms of use and privacy policies.
- Web beacons (also known as clear gifs, pixel tags or Web bugs) are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a web page. We use web beacons to monitor traffic patterns from one page to another, to deliver or communicate with cookies, to understand whether you have come to our website from an online advertisement displayed on a third-party website, and to improve website performance. We also may allow our service providers to use web beacons to track the visitor traffic and actions on our website. This helps us measure the effectiveness of our content and other offerings.
- Other Sources: To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you.
How Personal Data is Used
The information we collect about you is necessary for the adequate performance of the contract between you and us. The information we collect also allows us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
We use the data collected in the previous section in the following ways:
- to provide and improve the Super.com Services, to develop new products, services, features, and functionality and to enable and enhance the interoperability and cross-application performance of the Super.com Services;
- to verify that a cardholder has authorized the purchase made on their debit or credit card, when necessary;
- to understand and analyze the usage trends and preferences of our users;
- When in line with the preferences you have shared with us, provide you with information or advertising related to Super.com products and services;
- When in line with the preferences you have shared with us, provide you with information or advertising related to third-party products and services, subject to applicable law;
- to send you other communications, subject to applicable laws;
- to provide you with location-specific offers and promotions, subject to applicable laws; and
- to comply with legal and regulatory requirements, where applicable.
We process personal information for the above-listed purposes to further our legitimate interest in improving the Super.com Services, where it is necessary to satisfy our obligations to you as set forth in the contract you have with Super.com and subject to the applicable Terms, and to comply with applicable laws.
SMS Policy (U.S.)
Opting In
When you request that we send you deals to a cell phone number you provide, or otherwise provide your cell phone number to us in connection with account creation or your use of the Super.com Services, you expressly authorize Super.com to use technology to send, and have opted in to receive, text messages to that cell phone number (“Opt-In”). You also expressly authorize Super.com to include marketing content in any such messages sent to that cell phone number. You do not have to Opt In or agree to Opt In as a condition of purchase - you may receive offers through other means (like Facebook Messenger, WhatsApp or email) and do not have to provide us with your cell phone number in order to make reservations, order goods or otherwise use the Super.com Services.
You consent to the use of an electronic record to document your Opt-In. To withdraw the consent to use an electronic record to document your Opt-In, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us via the methods described in the Contact Us section below. To view and retain an electronic copy of this Privacy Policy, you will need (i) a device (such as a computer or cell phone) with internet access, and (ii) either a printer or storage space on said device.
You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In. After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages. Message and data rates may apply. Unless otherwise noted, text message services send multiple, recurring messages. Super.com may terminate any text message service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but this Privacy Policy still will apply. Text STOP to any promotional message to Opt Out.
Opting Out
You have choices on the promotional messages that you choose to receive. You can limit the information you provide to Super.com. Participation in promotions and marketing programs is voluntary. You can limit the communications that Super.com sends to you. To opt-out of marketing emails, simply click the link labeled “unsubscribe” at the bottom of any marketing email we send you or access the notification settings in your User Account. To revoke permissions that you may have given to send promotional text messages, text STOP in response to any message. Please note that even if you opt-out of marketing communications, we may still need to contact you with important transactional information about your User Account. For example, even if you opt-out of emails, we may still send you activity confirmations or fraud alerts.
How Personal Data is Shared
Super.com shares your personal data securely with some third-party partners, hotels, payment processing companies, shipping companies, data analysis companies, partners providing direct services to you on our behalf and fraud prevention services. By using the Super.com Services you are agreeing that we may share some of your personal data with third parties, including our partners. The use of shared data is subject to the applicable third party’s privacy policy. For example, we share the personal information you enter on the travel booking form with hotels and hotel suppliers to make your reservations, and we provide certain personal information to third parties in connection with the Super+ Membership Services, including personal information provided to our Partner Bank and other third parties in connection with the Super.com Financial Products and Earnings Services. We also provide certain personal information to third parties who provide advertising services on our sites so that the advertisements you see are personalized and relevant to you. We encourage all users to review hotel, Partner Bank, and other third party privacy policies to understand how their data is being handled once shared. Other third-party partners that we work with include payment/credit card processing, fraud prevention, know your customer and anti-money laundering evaluators, business and product analytics, rewards and cashback service providers, and customer service support. These partners are only given the specific personal data that they require, and nothing else. We also use Google Analytics to help us understand how our customers use our websites -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Personal Data Choices You Have
The personal data that we collect is yours, and so you have choices available to you around what we collect and how it is used. Some of these choices can be communicated to Super.com (such as requesting access to or deletion of your information), and others should be communicated to other parties you engage with (such as in your phone settings for whether or not you share location information, etc.).
You can always choose not to provide personal information such as your name, phone number, shipping address, email address, payment details, etc. However, this may mean that you are unable to complete a hotel booking or purchase products.
Managing Your Information
You may access and update some of your information through your Account settings. If your account is tied to a third-party application, like Facebook or WhatsApp, you can change your settings and remove permission for the app on the third party’s website. You are responsible for keeping your personal information up-to-date.
Rectification of Inaccurate or Incomplete Information
You have the right to ask us to correct inaccurate or incomplete personal information about you.
Data Access and Portability
In some jurisdictions, applicable law may entitle you to request certain copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
Data Retention and Erasure
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your personal information:
- We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Super.com User Account for fraud or safety reasons, we may retain certain information from that User Account to prevent that person from opening a new account in the future.
- We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Super.com may keep some of your information for tax, legal reporting and auditing obligations.
- We may retain some copies of your information (e.g., log records) in our database, but they will be disassociated from personal identifiers.
Withdrawing Consent and Restriction of Processing
If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your User Account settings or by sending a communication to Super.com specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant (under Objection to Processing) and pending the verification whether the legitimate grounds of Super.com override your own.
Objection to Processing
In some jurisdictions, applicable law may entitle you to require Super.com not to process your personal information for certain specific purposes where such processing is based on legitimate interests. If you object to such processing, Super.com will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.
Filing a Request
To request access to, correction of, restriction of, or deletion of any of your personal data and information that we have collected, you can contact us at privacy@super.com. We will respond to all inquiries within 72 hours.
Personal Data Protection & Information Security
The protection, security, and confidential processing of your personal data is a priority for Super.com. Of course, any information or data transferred over the internet cannot be 100% guaranteed as safe; however, we have implemented industry standard procedures to secure your data. Internally, only authorized staff members are permitted to access your personal information, and they only have access to the data that they need to perform their role.
European Users
Super.com is in compliance with all applicable data protection laws in the European Economic Area (EEA), which, if applicable to you, include the following rights provided by GDPR:
- Right to Information
- Right to Access
- Right to Rectification
- Right to Withdraw Consent
- Right to Object
- Right to Object to Automated Processing
- Right to be Forgotten
- Right for Data Portability
Information collected within the EEA may be transferred, stored, and processed outside of the EEA for the purposes described in this Privacy Policy. Where we transfer, store, and process your personal information outside of the EEA we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.
To learn more about your rights, and for more information on the standards we abide by under GDPR, please visit the GDPR website here.
California Privacy Rights
California law permits those who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact Us” section for where to send such requests. Super.com does not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.
Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with California law, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.
We do not sell personal information to third parties. We do allow third parties to collect personal information through the Super.com Services and share personal information with third parties for the business purposes described in this Privacy Policy, including, without limitation, advertising and marketing on our websites and Super.com Services and elsewhere based on users’ online activities over time and across different websites, services, and devices.
Updates and Questions
We may update this Privacy Policy periodically without notice to you, other than posting the revised policy on our website at www.super.com/privacy_policy. Once any changes are made, we will update the “Effective Date” at the top of this Policy. We encourage all users to check back on this Policy frequently to stay updated on any potential changes.
Any questions about our Privacy Policy or the collection and use of personal data should be sent to us by email or regular mail at the addresses below.
Regular Mail
Snapcommerce Holdings, Inc. DBA Super.com
260 Queen Street West
Unit 400
Toronto, ON, Canada M5V 1Z8
Super+ Membership Service Terms
Last Updated: January 7, 2025
IMPORTANT - PLEASE READ THESE TERMS
These Service Terms (these “Service Terms”) for the Super+ membership services (“Super+ Membership” and, each individual with a Super+ Membership, a “Super+ Member”) are between you and Snapcommerce Holdings, Inc. DBA Super.com and/or its subsidiaries and affiliates (“Super.com,” “we,” and “our”). These Service Terms govern your and our respective rights and obligations. Please note that your use of the Super.com website (the “Site”), the Super.com mobile app (the “Super.com App”), and Super+ Membership services are also governed by the Super.com Terms of Use (the “Terms of Use”), as well as the Service Terms for any specific products and services used in connection with your Super+ Membership, including, without limitation, the Super.com Privacy Policy, the Service Terms and any related agreements relating to the Super.com Travel Services, the Super.com Financial Services (i.e., the Super.com Deposit Account and Super.com Card), and the Super.com Earnings Services (collectively, the “Additional Terms”). The Terms of Use and the Additional Terms are hereby incorporated into these Service Terms. If you sign up for a Super+ Membership, you accept these Service Terms, as well as all other terms, conditions, limitations and requirements set forth on our Site or the Super.com Mobile App.
THE TERMS OF USE CONTAIN A CLASS ACTION WAIVER AS WELL AS AN ARBITRATION PROVISION, WHICH REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST SUPER.COM ON AN INDIVIDUAL BASIS, SUBJECT TO APPLICABLE LAW AND WITH CERTAIN EXCEPTIONS. READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN THE TERMS OF USE.
We may modify these Service Terms for any reason and at any time by posting a new version. Modifications to these Service Terms do not affect any rights or obligations that arose prior to the modifications, but your continued use of the Super+ Membership following the posting of modified Service Terms will be subject to the Service Terms in effect at the time of your use. Please review these Service Terms periodically for changes. If you object to any provision of these Service Terms or any subsequent modifications to these Service Terms your only recourse is to immediately terminate use of the Super+ Membership.
Membership Cancellation
You may cancel your Super+ Membership any time by calling our Customer Support team at 1 (877) 376-2710. You can also find this information on the Site or the Super.com App if you visit “My Account”. Additionally, if you are a resident of California or New York you may cancel your membership by visiting “My Account” and selecting “Cancel my membership”. If you would like to cancel your Super+ Membership, in order to not be charged on your upcoming billing date as indicated in your “My Account” page on the Super.com App, you must notify Super.com at least three (3) business days before the applicable billing date. If we do not receive notice at least three (3) business days before the scheduled billing date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so, and the cancellation will apply for the following billing cycle. All payments are non-refundable and non-transferable, and will not be refunded on a pro-rata basis for any cancellation.
In the event of the termination of a Super+ Membership, including free trials or promotional memberships, all associated benefits shall terminate immediately.
Membership Fees, Payment, and Renewal
Fees
Your Super+ Membership fee (your “Membership Fee”) is stated in the “My Account” section of the Super.com App. The current Super+ Membership Fee is $15 per month. From time to time, we may change the Membership Fee and/or offer different membership terms. The Super+ Membership fee is non-refundable except as expressly set forth in these Service Terms.
Renewal
UNLESS YOU CANCEL YOUR SUPER+ MEMBERSHIP IN ACCORDANCE WITH THESE SERVICE TERMS, YOUR SUPER+ MEMBERSHIP WILL AUTOMATICALLY (BY DEFAULT AND WITHOUT FURTHER NOTICE, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW) RENEW FOR THE AGREED UPON MONTHLY OR ANNUAL TERM, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL TO YOUR LINKED PAYMENT METHOD. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR NOT AUTO RENEW BASED ON THE PROCESS IN THE MEMBERSHIP CANCELLATION SECTION, YOU UNDERSTAND YOUR SUPER+ MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY LINKED PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Payment
Your Super+ Membership Fee will be automatically charged to your linked payment method in USD currency. If all linked payment methods we have on file for you are declined for payment for your Super+ Membership Fee, Super.com may automatically retry your selected payment method to help you get back to enjoying the benefits of your membership, and/or may attempt to charge another payment method that we have on file. If all eligible payment methods we have on file for you continue to be declined, you must provide us a new eligible payment method promptly or your Super+ Membership will be canceled effective immediately. Super.com is not responsible for any fees charged by your bank in connection with our attempts to receive payment, including, without limitation, overdraft fees, insufficient funds fees, interest charges, foreign exchange fees, cross border fees, and other penalties levied by your bank. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.
Billing Cycle
Super+ Membership Fees are payable monthly or annually in advance. When you purchase your Super+ Membership, you'll be charged the Membership Fee for your first billing cycle on the date of purchase, which activates the monthly or annual renewable Super+ Membership. Unless you cancel, you'll be charged based on the billing date and billing cycle indicated on your “My Account” page when logged into the Site or in the Super.com App. In certain circumstances, your billing date may change; for instance, if we are unable to successfully charge your card for the Super+ Membership fee on a given day (e.g., a Federal holiday or technical failures). Super.com may change the monthly or annual fee charged for membership at any time, but any such fee change will not apply to current Super+ Members until such time as their current memberships expire and their memberships are renewed for another term. Where the fee has increased, Super.com will notify you of the relevant fee increase prior to the renewal of your Super+ Membership.
Membership Credit
As a Super+ Member, you will earn Super+ credits (“Super+ Credits”) to a percentage of every dollar you spend on hotel booking purchases on Super.com, where Super.com is the merchant of record (“MOR”). The amount of Super+ Credits will be provided to you at the time of purchase. Super+ Credits shall be accrued and duly recorded in your Super+ Membership account on the later of the following dates: (1) forty-five (45) days from the date of hotel purchase or (2) the date of hotel check-in (“Earned Date”). Subject to our sole discretion, Super+ Credits may be granted at an earlier date in cases of promotional or limited offers.
Super+ Members may use Super+ Credits towards Super.com Travel bookings. Super.com must be the MOR for Super+ Credits to be applied toward a hotel booking at the time of purchase. Super+ Members with a Super.com Card (as defined below) can also redeem the Super+ Credits to their Super.com Deposit Account (as defined below), where they can be used towards everyday purchases on the Super.com Card.
PLEASE NOTE: Super+ Credits are rounded up to the nearest penny when the credits amount has a fractional cent at or above five/tenths ($0.005) and down to the nearest penny when below this amount. For example, if the amount of Super+ Credits calculated for a purchase was $3.2549, the Super+ Credits earned would be $3.25. However, if the amount of Super+ Credits calculated for a purchase was $3.2550, the Super+ Credits earned would be $3.26.
If you cancel a reservation made using Super+ Credits within the hotel supplier’s cancellation window, we will return the Super+ Credits to your account within 24 hours of your cancellation. If you cancel a reservation made using Super+ Credits outside of the hotel supplier’s cancellation window, the Super+ Credits will not be returned to your account.
There is a $100 daily, $250 weekly, and $1,000 monthly Super+ Credits redemption limit, when you redeem your Super+ Credits into your Super.com Account. Credits earned by Super+ Members generally expire 12 months after the Earned Date. However, some promotional or other credits may have varying expiration dates. Notwithstanding anything to the contrary in these Service Terms, the expiration date of Super+ Credits stated at the time they are offered or earned will control. In order to use them, you must redeem Super+ Credits within 12 months or the stated time period. If you do not redeem your Super+ Credits during their applicable period, your Super+ Credits will expire and will not be reissued.
Other Terms & Limitations
- Super+ Credits cannot be used as a form of payment for your Super+ Membership Fee, and no Super+ Credits will be earned for the payment of the Super+ Membership Fee.
- Super+ Credits have no cash value, and, except as expressly provided herein, cannot be redeemed for cash, other reward programs, or credits in another currency.
- Super+ Credits may be earned and redeemed on transactions made in any currency of payment, but cashback shall be disbursed in the form of USD.
- Super+ Credits are non-transferable.
Membership Benefits
The following is a description of Super+ Membership benefits, which are subject to change from time to time at our sole discretion.
Super.com Financial Services
One of the financial products/services offered via our Site or the Super.com App is the Super.com Secured Credit Card (the “Super.com Card”) connected to the Super.com demand deposit account (the “Super.com Deposit Account”). The Super.com Card and Super.com Deposit Account are offered by our bank partner, Republic Bank & Trust Company or its successor (“Bank Partner”), and are governed by and described in more detail in the following additional terms: Super.com Financial Services Service Terms, the Deposit Account Agreement, the Super.com Secured Charge Card Agreement, the Super.com Cashback Addendum, the Super.com Card Digital Wallet Terms of Use, the Super.com Deposit Account and Secured Credit Card Consent to Electronic Communications, and the Republic Bank & Trust Company Privacy Policy. You understand that the Bank Partner has sole discretion to approve or deny your application for a Super.com Deposit Account or Super.com Card for any reason, subject to applicable law.
Access to the Super.com Card is subject to (1) Super.com Deposit Account creation and (2) passing the Super.com Card identification and verification check described in the Super.com Financial Services Service Terms. If you do not pass the identification and verification check, you will maintain access to your Super+ Membership and benefits; however, you will not have use of the Super.com Card and related benefits. If you are approved for a Super.com Deposit Account, Bank Partner may limit or deny (or instruct us to limit or deny) your access to your Super.com Deposit Account and the related services for any reason, subject to applicable law.
If you have access to the Super.com Card, you will receive applicable cashback subject to the Super.com Cashback Addendum, except that no cashback will be earned if your Super+ Membership Fee is past due. Cashback percentages are subject to variation, and the percentages offered at the time of subscription purchase shall be the percentage awarded to you. Upon activation of the Super.com Card, the cashback benefit is contingent upon your use of the Super.com Card for purchases. In the event of any conflict between the Super.com Cashback Addendum and information provided in this section, the Super.com Cashback Addendum will control.
Supplementary Cash Advance
Republic Bank and Trust Company is not affiliated with this Service.
In connection with your Super+ Membership, Super.com offers a supplementary cash advance service (“Supplementary Advance”). There is no guarantee that you will qualify for a Supplementary Advance. Whether you qualify for a Supplementary Advance and for what amount is determined by a series of factors that may include, among other things, whether you have established a direct deposit into your Super.com Account or linked your Super.com Account to an external bank account or debit card (your “Payment Method”), and an analysis of your deposits and transaction history. We reserve the right to adjust Supplementary Advance amounts and our eligibility criteria at any time. Supplementary Advances are not loans, and we do not charge interest for Supplementary Advances, nor do we report repayment (or the failure to repay) or the timing of repayment to any credit bureau.
You may request a Supplementary Advance through our Site or on the Super.com App. You must have a Super.com User Account to request a Supplementary Advance. You may choose to provide tips or other gratuities in appreciation of Supplementary Advances (each a “Gratuity”). Options for Gratuities and any other optional fee which may be associated with a Supplementary Advance (collectively “Voluntary Fees”) will be presented to you prior to completing a request for a Supplementary Advance. Voluntary Fees are payable on the repayment date for the applicable Supplementary Advance (each a “Repayment Date”). In no way does your choice of Voluntary Fees alter your eligibility to receive a Supplementary Advance or the amount of any Supplementary Advance you are eligible to receive.
Our default is to automatically debit your Payment Method on your Repayment Date in an amount equal to the given Supplementary Advance and any associated Voluntary Fees. Super.com has no legal or contractual claim against you for failing to repay a Supplementary Advance, but Super.com will not provide you further Supplementary Advances (i) while any amount of a Supplementary Advance, including any Voluntary Fees associated with such Supplementary Advance, remains unpaid, (ii) if you have a history of late repayment of Supplementary Advances, or (iii) if you otherwise become ineligible for Supplementary Advances under our then-current eligibility criteria. With respect to a failure to repay a Supplementary Advance, Super.com will not engage in any debt collection activities, place the amount owed with or sell to a third party, or report you to a consumer reporting agency. Super.com does not waive any rights regarding fraudulent activity, and Super.com will pursue instances of fraud. Voluntary Fees paid are not refundable.
You may opt-out of our automatic debit of your Payment Method for a given Supplementary Advance by indicating so to a Super.com customer service representative at 1 (877) 376-2710 at least three (3) business days before the applicable Repayment Date.
If you do not have adequate funds in your Payment Method on the applicable Repayment Date and have not opted out of automatic repayment for a Supplementary Advance, we will continue to debit your Payment Method for that Supplementary Advance until it has been repaid.
We are not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance on your Payment Method. We will monitor your balances where possible and attempt to ensure you have sufficient funds before debiting them, but we make no warranties that an overdraft of your Payment Method will not occur when you have inadequate funds to repay a Supplementary Advance on its Repayment Date.
You authorize us to electronically debit your Payment Method on the Repayment Date for the Payment Amount in connection with each and every Supplementary Advance and all Voluntary Fees. As applicable, you also authorize Super.com to electronically debit and credit your Payment Method to correct erroneous debits and credits. You acknowledge that, as applicable, the electronic authorization contained in this section represents your written authorization for automated clearinghouse and debit card transactions as provided herein and will remain in full force and effect until you notify Super.com that you wish to revoke this authorization by indicating so to a Super.com customer service representative at 1 (877) 376-2710. You must notify Super.com at least three (3) business days before the applicable Repayment Date in order to cancel this authorization for a given Supplementary Advance. When you call, please include the name and telephone number associated with your Super.com User Account. Failure to provide correct and complete information may make it impossible for Super.com to stop withdrawal of the preauthorized transaction.
You agree to indemnify and hold Super.com harmless from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Super.com of your desire to revoke your authorization at least three (3) business days before the Repayment Date, Super.com will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled Repayment Date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so. You warrant and represent to Super.com that you have the right to authorize us to charge and credit your Payment Method for payments due to us in connection with a Supplementary Advance.
If you have a Payment Method that is a joint account, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into this Agreement independently. You agree to indemnify and hold Super.com harmless from any claims by any other owner of the Payment Method. You further acknowledge and agree that you are subject to the Consent to Electronic Communications disclosures in the Terms of Use as well as the Super.com Deposit Account and Secured Credit Card Consent to Electronic Communications.
Super.com Travel Benefits
In addition to the Super+ Membership cashback benefits, Super+ Members receive an automatic discount of five percent (5%) off any flights purchased through the Site or on the Super.com App, such discount to be applied at the time of purchase. Super+ Members also receive discounts on tour packages, theme park tickets and attraction admissions purchased through the Site or on the Super.com App.
Super+ Members also have access to discounted car rentals through AutoRentals, and trip cancellation and interruption protection for travel booked on the Super.com Card, through the Site, or on the App.
Other Benefits
Super+ Members also receive numerous credit building and savings benefits, such as:
- Credit monitoring services provided by Arrany (with activation of the Super.com Card);
- Credit building through rent reporting;
- Subscription management services provided by Rocket Money;
- Extended warranties and price drop extensions (for purchases made with the Super.com Card);
- Access to an insurance marketplace through Covered;
- Prescription savings; and
- Gas savings with Upside.
Promotions and Trial Periods
From time to time, Super.com offers some users trial or other promotional offers towards a Super+ Membership. Such trial or promotional memberships are subject to these Service Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional memberships. Only one trial or promotional membership is available per household and may not be combined with any other promotion. YOU AGREE THAT AT THE END OF YOUR APPLICABLE FREE TRIAL OR PROMOTIONAL MEMBERSHIP PERIOD, YOUR SUPER+ MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOU WILL BE CHARGED THE MEMBERSHIP FEE STATED IN YOUR OFFER AT THE BEGINNING OF EACH BILLING CYCLE UNTIL YOU CANCEL YOUR SUPER+ MEMBERSHIP. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE TRIAL OR PROMOTIONAL MEMBERSHIP BEFORE THE END OF THE TRIAL OR PROMOTIONAL SUBSCRIPTION IN ACCORDANCE WITH THE MEMBERSHIP CANCELLATION PROCEDURE DESCRIBED ABOVE.
If you cancel your Super+ Membership before the free trial or promotional membership period has expired, Super.com will not charge you for the subsequent Super+ Membership term. If you have a free trial or a promotional membership and you cancel your Super+ Membership, your access to your membership benefits will end upon cancellation.
Supplemental Services - Other Terms May Apply
Membership benefits accessed through the Super+ Membership may be offered by us or by, or in conjunction with, third-party partners. Access to these benefits may be subject to additional terms and conditions or other agreements (the “Supplemental Terms”). These Super+ Membership Service Terms hereby incorporate the Supplemental Terms. If there is a conflict between these Super+ Membership Terms and the Supplemental Terms, such Supplemental Terms will take precedence with respect to the specific aspects of the Super+ Membership benefits to which it applies.
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us, are incorporated into these Service Terms by reference and also govern your use of the Site or the Super.com App. By using or accessing any part of the Super+ Membership and/or the Super.com Services, you agree to our Privacy Policy.
Other Limitations
- We reserve the right to accept or refuse membership at our discretion.
- We may send you marketing and transactional email and other communications related to your Super+ Membership.
- You may not transfer or assign your Super+ Membership or any Super+ Membership benefits, including promotion codes, except as allowed in these terms.
- Some Super+ Membership benefits may require certain purchase thresholds, have quantity limitations, or require members to meet specified criteria in order to access them.
- From time to time, Super.com may choose in its sole discretion to add or remove Super+ Membership benefits.
- Super.com does not guarantee that all of our benefits or Services will always be available to you or that you will qualify for or be able to utilize any particular benefit or Service. Super+ Membership benefits and Super.com Services may change from time to time and certain benefits or Services may be discontinued or others may be added.
Agreement Changes
Please review these Service Terms on a regular basis. We may in our discretion at any time change the Super+ Membership benefits, these Service Terms, the Terms of Use, the Privacy Policy, the Additional Terms, or any other aspect of the Super+ Membership Services, by posting a new version. If any change to these Service Terms are found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Modifications to these Service Terms do not affect any rights or obligations that arose prior to the modifications, but YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE SERVICE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Us
We may terminate your Super+ Membership at our discretion without notice. If we do so, all associated benefits shall terminate immediately and any Super+ Credits earned will no longer be accessible. Our failure to insist upon or enforce your strict compliance with these Service Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE TERMS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MONTHLY MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SUPER+ MEMBERSHIP.
Disputes
Any dispute or claim relating in any way to these Service Terms will be governed by the Arbitration Agreement and Applicable Law provision outlined in the Terms of Use.
Customer Support
If you need assistance with your Super+ Membership, please visit the Super.com App, the Site, email finproductssupport@super.com, or call our Customer Support team at 1 (877) 376-2710. In the event of any conflict between the Service Terms and information provided by Customer Support the Service Terms will control.
Super.com Travel Service Terms
TRAVEL SERVICE TERMS
Last Updated: February 10, 2025
IMPORTANT - PLEASE READ THESE TERMS
These Travel Service Terms of Super.com (“Service Terms”) are an agreement between Snapcommerce, Inc. ("Super.com," “us,” “we,” “our”) and you (“you,” “your”). These Service Terms incorporate the Super.com Terms of Use (“Terms of Use”) and together with the Terms of Use govern your use of all travel products and services we or our partners may offer via the Super.com website (the “Site”), the Super.com mobile application (the “Super.com App”), or through text communications via a mobile carrier or third party communication service like Whatsapp or Facebook Messenger (the “Travel Services”).
THESE SERVICE TERMS CONTAIN A CLASS ACTION WAIVER AS WELL AS AN ARBITRATION PROVISION, WHICH REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST SUPER.COM ON AN INDIVIDUAL BASIS, SUBJECT TO APPLICABLE LAW AND WITH CERTAIN EXCEPTIONS. READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND THAT YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY IN ANY FORUM, AS DESCRIBED IN THE TERMS OF USE.
We may modify these Service Terms for any reason and at any time by posting a new version. Modifications to the Service Terms do not affect any rights or obligations that arose prior to the modifications, but your continued use of the Travel Services following the posting of modified Service Terms will be subject to the Service Terms in effect at the time of your use. Please review these Service Terms periodically for changes. If you object to any provision of these Service Terms or any subsequent modifications to these Service Terms your only recourse is to immediately terminate use of the Travel Services.
Some Travel Services (including, without limitation, add-on services for which additional fees may be charged by Super.com, promotional credits, and other offers) may be subject to additional terms, conditions, agreements, policies, guidelines, rules and schedules, which will be posted or made available separately from these Service Terms when those Travel Services are offered (“Additional Terms”). Such Additional Terms are hereby incorporated into and form a part of these Service Terms. If there is a conflict between these Service Terms and the Terms of Use, the Service Terms will control. If there is a conflict between these Service Terms and the Additional Terms, the Additional Terms will control.
USE OF TRAVEL SERVICES; APPLICABLE TERMS
The Travel Services are only available to those with a User Account (as defined in the Terms of Use). Where you provide a unique identifier (e.g., Facebook user ID, slack user ID, SMS phone number etc.) and authenticate via a secure login, you give us permission to create a User Account for you using that identifier as your username.
You can use your User Account to browse different hotel accommodations, flight options and other Travel Services and make reservations with suppliers (i.e., the suppliers of hotel accommodations, flights, and other services offered via the Travel Services).
Availability, services and rates presented to you for hotel bookings, flights, and other Travel Services are exclusively available to you based on your User Account - and cannot be shared. You are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur using your User Account.
As a condition of your use of the Travel Services, you represent and warrant that: (i) you are 18 years or older; (ii) you will only use the Travel Services to make legitimate reservations for you or for another person for whom you are legally authorized to act, and use such booking in accordance with the these Service Terms and the terms and conditions of the applicable supplier or service provider; and (iii) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all applicable rules and restrictions.
We reserve the right to cancel, to terminate or not to process any booking or reservation (whether or not accepted) if the material information (such as pricing) relevant to such booking or reservation is inaccurate. In such an event, we may, in our sole discretion, offer you the opportunity to keep your pending booking or reservation on the correct terms (including, without limitation, at the actual price).
We do not provide you with hotel accommodations, flights, or other Travel Services offered through Super.com; hotel accommodations, flights, and related services are provided by the relevant supplier. While your use of the Travel Services is subject to these Service Terms, your stay and the provision of hotel services is subject to the terms and conditions of the applicable hotel supplier, your flight is subject to the terms and conditions of the applicable airline, and any other Travel Services are subject to the terms and conditions of the applicable supplier or service provider.
The suppliers of Travel Services are independent contractors, they are not agents or employees of Super.com. Super.com is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any hotel supplier, airline, or other provider of Travel Services booked through Super.com, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control, and we have no responsibility for any additional expenses, omissions, delays or acts of any government or authority.
RESTRICTIONS ON USE
You will not nor will you permit others to use the Travel Services (i) in violation of any applicable law or intellectual property right; (ii) in a manner that threatens the security or functionality of the Travel Services or (iii) for any purpose or in any manner not expressly permitted in these Service Terms. You further agree not to: (a) create, collect, transmit, store, use or process any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data, or data or content that you do not have the lawful right to collect, transmit, store, use or process or that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any intellectual property right, privacy right or right of publicity); (b) reverse engineer or modify the Travel Services; (c) remove or obscure any proprietary notices or labels on the Travel Services, including copyright or trademark notices; (d) access or use the Travel Services for the purpose of building a similar or competitive product or service; or (e) perform any vulnerability, penetration or similar testing of the Travel Services.
ADDITIONAL TERMS - HOTEL BOOKINGS
SUPPLIER RULES AND RESTRICTIONS
Super.com works with several hotel suppliers. When a hotel room is reserved through the Travel Services with a hotel supplier, the terms and conditions of that particular hotel supplier will also apply to your reservation. Without limitation, when the hotel supplier is Travelscape LLC or Vacationspot, SL - you are bound to additional terms and conditions located at http://developer.ean.com/terms/en/.
If you violate any part of the hotel suppliers’ terms and conditions, we have the right to cancel your reservation and to make changes accordingly. You will be responsible for all fees that arise from making such changes should it be applicable. If you have used credits towards such a reservation, the credits will be forfeited and not returned to your account.
You acknowledge that some hotel suppliers may require you to agree to and sign their additional terms and conditions (including a liability waiver) prior to your stay at the hotel property or otherwise participating in the hotel services they offer. You understand that any violation of any such hotel supplier’s additional terms and conditions may result in cancellation of your reservation, you being denied access to the hotel property and/or other services, you forfeit any monies paid in connection with your reservation, and/or your Super.com User Account being debited for any costs we incur as a result of such violation.
PRICES
The prices for the hotel services will be as quoted on the Travel Services from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect reservations already accepted. Despite our best efforts, some of the hotel services listed on the Travel Services may be incorrectly priced. We reserve the right to correct any pricing errors on the Travel Services and in such an event, we may (if available and at our discretion) cancel the reservation or offer you the opportunity to keep your pending reservation at the correct price.
We also reserve the right to cancel, to terminate or not to process reservations (including accepted reservations) where the price or other material information on the Travel Services is inaccurate. We are under no obligation to fulfill orders placed at an incorrect (lower) price, even after you have been sent confirmation of your order.
The price quoted on the Travel Services may include, where applicable, fees, tax recovery charges and taxes on Super.com’s services. Except with respect to tax obligations on the amounts we retain for our services, Super.com does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel reservations are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that Super.com pays to the hotel supplier for taxes due on the hotel's rental rate for the room.
The hotel suppliers invoice Super.com for certain charges, including tax amounts, and are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Super.com to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability and other related factors in effect at the time of the actual use of the hotel by our customers.
In addition, your statement may include a transaction fee charged by your card issuer to process the transaction. We are not associated with these additional fees and will not be held liable for any fees relating to the transaction.
Fees for any additional services you elect or tips you pay post booking are non-refundable except as otherwise stated at the time such fees are charged or collected.
PREPAID OR PAY AT HOTEL
You acknowledge that some reservations require prepayment, and some reservations can be paid later at the hotel property. If you select a prepaid reservation, you will be charged the full amount for the reservation immediately following the submission and acceptance of your reservation. Where you are using Program credits for your reservation (in whole or in part), your account will be debited the applicable credits immediately following the submission and acceptance of your reservation. Program credits may only be applied for prepaid reservations.
If you select a pay later rate, you will pay the hotel supplier upon arrival in their preferred currency for the full amount. You understand that tax rates and foreign exchange rates could change in the time between making your reservation and your stay at the hotel property, which means the amount you will pay the hotel supplier may differ from the amount reflected in your reservation.
Transaction fees may apply when making a reservation for a hotel property in a foreign country or in a foreign currency. These fees will be applied to the cardholder’s account by the card issuing bank, independent from Super.com. If you have any questions about these fees or any exchange rates applied to your order, please contact your credit card issuer.
PROMOTIONS, DISCOUNTS, & CREDITS
Promotions, discounts, or credits will be applicable exclusively for bookings made on Super.com’s website and only when reserving accommodations where Super.com functions as the merchant of record.
SPECIAL REQUESTS
We will do our best to pass on your special requests to the hotel supplier - but we cannot guarantee that the hotel supplier will be able to honor any special requests that you make. You must contact the hotel supplier directly to confirm the availability of any extra items or special requests. It is also your responsibility to verify that the hotel supplier can satisfy any special needs (such as accessibility features) that you may have.
HOTEL ACCOMMODATIONS
We act solely as an intermediary between you and the hotel for the purpose of facilitating hotel accommodation bookings. We do not own, operate, or control the hotels or their services. Therefore, we disclaim any responsibility for the state, quality, condition, or suitability of the hotel, hotel room, or hotel service provided to you. We may provide information about third-party services, such as hotels and their amenities, through our platform. However, we do not endorse or warrant the accuracy, reliability, or suitability of such information. You are advised to conduct your own research and due diligence before making any booking decisions.
In the event the hotel accommodation, hotel room, or hotel service fails to meet your expectations or satisfaction, we shall not be liable for any refunds, exchanges, compensation, or reimbursement. Any disputes or issues related to the hotel accommodations must be resolved directly between you and the hotel. We shall have no obligation to mediate or participate in such disputes.
DATA-BACKED CLAIMS AND RELIANCE
We acknowledge that data-backed claims are based on available information and sources that are deemed reliable. However, we do not guarantee the absolute accuracy, completeness, or up-to-dateness of such claims. You understand and agree that any decisions or actions taken based on data-backed claims provided by us are at your own risk. We shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from the use of such claims, including but not limited to financial losses, business interruptions, or reputational harm. You are encouraged to independently verify any data-backed claims provided by us before making critical decisions. We shall not be responsible for any adverse outcomes resulting from the User's reliance solely on these claims without conducting appropriate due diligence.
UNIFIED CREDITS
If you have a Super+ Membership and a Super.com Card, when you receive credits from booking a hotel or flight on Super.com, you will be able to use those credits across our two verticals, Financial Products & Earnings and Travel. This means that if you receive credits from Travel Services, these can be redeemed to your Super.com Deposit Account, where you can use it towards your everyday purchases on your Super.com Card anywhere Mastercard is accepted. Additionally, if you receive cash rewards from your Super.com Card these can be applied as credits to your hotel or flight bookings through the Travel Services. Please note there is a $100 daily, $250 weekly, and $1000 monthly redemption limit so you may not have access to your full cash rewards if you choose to redeem your credits or cash rewards into your Super.com Card. Additionally, unless stated otherwise, unredeemed credits remain available for a period of twelve (12) months from the date of issuance.
CHANGES OR CANCELLATIONS
You can cancel your reservation on your email confirmation or by using our automated chat if you made the booking over text/chat via the Travel Services. However, cancellation fees may apply in accordance with the reservation terms and conditions. Each booking will have its own unique cancellation policy which can be found on the final booking step as well as in the confirmation email. If the policy is non-refundable, that means the booking is final sale and will not result in a refund if canceled.
You agree to pay any required cancellation fees when you confirm the booking. You also agree to pay any required change fees to modify your booking. Changes to your booking are not guaranteed and are subject to approval by hotel suppliers. Super.com is not liable for any rejected changes to a hotel booking and reserves the right to charge the modification fee regardless.
We are not responsible for the acts or omissions of any supplier or service provider. If a supplier or service provider is unable to honor your reservation, Super.com will not be liable for any costs incurred due to relocation. If you do not show for the initial part of your reservation but plan to check-in for subsequent dates in the reservation, you must confirm the reservation with Super.com no later than the original date of check-in to prevent cancellation of the whole booking. If you do not confirm the booking changes with Super.com the whole booking may be canceled and refunds will only be due to you in line with the cancellation policy of the particular property, as notified in the booking process.
LIMITED BOOKINGS GUARANTEE
In the rare case that you are unable to check into a hotel with your Super.com reservation, we may provide you a full or partial refund ("Limited Booking Guarantee"). In addition to any specific terms set forth at the time the applicable reservation is offered, the following shall also apply:
For a Limited Booking Guarantee to apply you must contact Super.com immediately if you have difficulty checking in upon arrival. If you make your own arrangements without contacting Super.com you forfeit your rights to any Limited Booking Guarantee.
Limited Booking Guarantees do not apply in the following circumstances:
- Where customer is at fault, including, without limitation, the following:
- Making the reservation with a name that doesn’t match the ID presented at the hotel;
- Not being over 18;
- Failure to arrive at the hotel on time or at all;
- Changing the check-in date, room type, or other reservation details without confirmation from Super.com;
- Refusal to provide authorization for security and incidentals at check-in;
- Failure to pay for resort, cleaning and/or other ancillary fees; or
- Failure to provide the documentation required for check-in (passport, national ID card, visas etc).
- Where Super.com or the hotel has already accommodated a free upgrade or equal alternative to the original booking.
- Where the booking has not been confirmed by Super.com.
- Any payment failure (prepaid bookings only).
- Where a booking was made illegally, in bad faith or under circumstances with high security risks; including but not limited to bookings made maliciously by competitors, use of unverified payment methods or accounts, or any other circumstances deemed to constitute a security risk.
CURRENCY CONVERTER AND FOREIGN TRAVEL
Currency rates are based on various publicly available sources and should be used as guidelines only. When paying in a different currency, the conversion rate is determined by your credit card issuing bank and Super.com can only provide you with an estimate. In addition, your statement may include a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer to process the transaction. We are not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates or card issuer fees.
Where your reservation is for a hotel property in a foreign jurisdiction, you are responsible for ensuring that you meet foreign entry requirements and that you have all necessary travel documents and that all foreign entry requirements are met. It is also your responsibility to make sure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. By coordinating reservations for hotel services in international destinations, we do not make any representation or warranty that travel to such destinations are advisable or without risk. Super.com has no liability for any damages or losses that may result from your travel to any destination.
TERMINATION
We may terminate your User Account and/or your use of the Travel Services as set forth in the Terms of Use. You agree that where we terminate or discontinue your access to a User Account or the Travel Services, you may lose all credits in your User Account and we will not be liable to you or any third party for any damages resulting from such termination.
Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Agreement below and on the back of your monthly billing statement.
THINGS YOU SHOULD KNOW ABOUT THIS CARD
This Agreement. This Super Pay Secured Mastercard® Cashback Charge Card Agreement (“Agreement”) contains the following terms and conditions under which MRV Banks has agreed to establish a secured consumer charge card account for you. This Agreement is between you and MRV Banks. This Agreement also refers to and includes other disclosures we may provide to you, which are incorporated by reference.
However, the arbitration provision does not apply if you are a Covered Borrower (as defined herein) entitled to protections under the Military Lending Act. Please see the Military Lending Act Disclosures section below for more information. When you use your Card Account (or sign or keep the Card), you agree to the terms of this Agreement. Please retain a copy of this Agreement for your records.
Parties To This Agreement; Definitions. “You” and “your” mean each person who applied for an Account and/or was issued a Charge Card by MRV Banks. “Authorized User” means anyone who uses your Charge Card or Account with your consent, including but not limited to, any user who is provided an additional Charge Card. The words “we,” “us,” and “our,” mean MRV Banks, and its agents, successors, assignees, and third-party service providers. SnapMoney, Inc (‘Card Services”) is our third-party service provider for the Account and may be referenced herein as an agent, service provider, or servicer. By opening or continuing to use a Super Pay Account, you agree to this Agreement. Please keep a copy of this Agreement for your records.
Program Operation. You have downloaded the Super App and obtained a Super Pay Account. You have applied for and will receive (i) a Super Pay Deposit Account (“Deposit Account”) with terms as outlined in the Super Pay Deposit Account Agreement and (ii) a Super Secured Mastercard® Cashback Charge Card Account (“Card Account” or “Card” as they may be referred to respectively) with terms outlined in this Agreement, both issued by MRV Banks. Each time you use your Card Account for a purchase, an amount from your Deposit Account equal to the purchase will be transferred to a Security Account at MRV Banks to secure your purchase. You may never spend more than the Balance you have in your Deposit Account (“Credit Limit”) with your Card Account. The Credit Limit applies to your Card Account. You must make payments to your Card Account as described in this Agreement. Your Card Account is also subject to a $5,000 maximum Credit Limit.
MASTERCARD® CARDHOLDER AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION AGREEMENT, IT REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IMPORTANTLY, THE ARBITRATION AGREEMENT INCLUDES OPT OUT PROVISIONS.
The Card Account is a charge card that accesses a line of credit. It is not a debit card, and you do not access the money in your Deposit Account when you use your Card. All credit we extend to you is secured by your Deposit Account. If you do not pay us back for transactions you make with your Card Account when your payments are due, we may exercise our Security Interest and withdraw the amount you owe us from your Deposit Account. You can lose the money in your Deposit Account and your Card Account may be closed.
See the Security Agreement.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Using Your Card
The following rules apply to your use of your Card:
- You must sign the Card when you receive it.
- You must return the Card to us or destroy it if we ask you to.
- You must take reasonable steps to prevent the unauthorized use of your Card.
- We are not responsible for any losses you incur if anyone refuses to accept your Card for any reason.
- We may decline to authorize a transaction for any reason.
- We are not responsible for any losses you incur if we do not authorize a transaction.
- You must not use, or try to use, the Card for any illegal activity.
- We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control.
Credit Limit and Available Credit
Credit Limit. We will assign a Credit Limit to your Card Account. The Credit Limit will be based on your Deposit amount, but will not exceed $5,000. A Credit Limit is the maximum amount of credit we may extend to you when you use your Card Account. The total outstanding unpaid balance you owe on your Card Account (“Card Account Balance”) may never be greater than your Credit Limit. You are responsible for keeping track of your Card Account Balance. We may, at our discretion, refuse to extend credit for any reason including when pre-authorized charges or other holds might cause you to exceed your Credit Limit.
Available Credit. Your Available Credit is the amount of credit that is available for you to make transactions with your Card at any given time. Your Available Credit is equal to the Available Balance in your Deposit Account, minus the Spent Funds, up to your Credit Limit.
Rules. You can use the Super App or contact customer service to view your Card Account Balance, Credit Limit, and Available Credit at any time. While we do our best to provide the most up-to-date information about your Card Account, there may be some delay in reflecting new transactions, for reasons outside our control such as network interruptions or delays by merchants in posting transactions and we cannot guarantee the accuracy of this information in the Super App or by phone. You are responsible for keeping track of your Card Account Balance, Credit Limit, and Available Credit. Our general practice is to decline transactions that may cause you to exceed your Credit Limit, Credit Limit or Available Credit. If we do honor these transactions, you are responsible for paying us back in full immediately, and these limits will not increase. We may increase or decrease your Credit Limit, Credit Limit, or Available Credit at any time, in our sole discretion. We are not required to extend credit up to your maximum Credit Limit, if it would cause you to exceed your Available Credit or your Credit Limit.
Using Your Card Account
Virtual Card. We may permit you to obtain a virtual Card Account in the Super App or in a third-party wallet service and use the virtual Card Account to make transactions from time to time. Your use of a virtual Card Account is subject to additional terms and conditions which you must accept when you obtain or access a virtual Card Account. These additional terms and conditions are incorporated by reference herein. You may not be able to use a virtual Card Account at an ATM or any terminal that does not have the technology necessary to accept a virtual Card Account.
Point of Sale Purchases. You may use your Card to make purchases at points-of-sale.
Cash Advances. You may use your Card to obtain cash advances at ATMs. Obtaining a cash advance at an ATM is a loan and does not debit your Deposit Account. Interest, finance charges, and other fees may apply, as shown in the Truth in Lending Disclosure or any Fee Schedule we provide.
Using a PIN. We may give you a personal identification number (“PIN”) that you may use to make transactions on your Card. For security reasons, you may have to provide the PIN before you are able to use the Card. Keep your PIN secure. Do not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe the confidentiality of your PIN has been compromised for any reason, you must contact us immediately.
Rewards. Your Card may provide you with the opportunity to earn rewards. If it does, we will separately provide you with information and terms about the rewards.
Responsibility for Card Use. You are liable for all transactions made with your Card or Super Pay Account, and all related fees or expenses incurred, by you and any other person that you permit to use or have access to your Super Pay Account, Card, or any other Access Credential.
Lost or Stolen Card. If your Card is lost or stolen or if you think someone else may be using your Super Pay Account, Card, or Access Credentials without your permission, you must contact us immediately at support@super.com.
Interest and Fees:
Interest and Fees. We will charge fees as disclosed in the Truth in Lending Disclosures on Pages 2 of this Agreement, subsequent disclosures, Statements, any change in terms notices, and in the Fee Schedule provided with this Agreement. If you miss a required payment, make a late payment, or a payment is returned and you fail to successfully make the required payment by the Due date [we may terminate Card Account.
Balance Computation Method. To get the “average daily balance,” we take the beginning balance on the Card each day of the Cycle, add any new purchases, and/or fees, and subtract any payments or credits. This gives us a daily balance. Then, we add up all the daily balances for the Cycle and divide the total by the number of days in the Cycle. This gives us the “average daily balance.”
Expedited Delivery Fee. We impose a $25.00 fee for the expedited delivery of your Card.
Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the payment network will convert it into a U.S. dollar amount. The Mastercard will use its own currency conversion procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date that appears on your Statement. We do not adjust the currency exchange rate or charge any currency conversion fees. Foreign transactions are subject to the Foreign Transaction Fee set forth in the Truth in Lending Disclosures.
ATM Fees. We charge a fee if you use an out-of-network ATM. An out-of-network third-party operator of the ATM may charge a separate fee for your use of the ATM. This fee may be charged to your Card and access your line of credit. You are responsible for paying all such fees.
Payments
Your Promise to Pay. You promise to pay us all amounts due on your Card Account by each Due date set forth on your Statement. This includes amounts where you did not sign a purchase slip or other documents for the transaction. We will treat transactions made without presenting a physical Card (such as for mail, telephone, Internet, or mobile device purchases) the same as if you used the Card in person. If you let someone else use your Super Pay Account, you are responsible for all transactions that person makes.
Minimum Payment. Each billing cycle, you must pay us the payment amount listed on your Statement by the Due date. Failure to make the minimum payment subject to the default provisions herein.
Payment Methods. Your payment must be made in U.S. dollars from a U.S. deposit account. You must use one of the following payment methods:
Preauthorized Automatic Payments (“AutoPay”). When you sign up, or by using the Super App, you may elect to make payments for your Card using AutoPay. Upon selecting AutoPay, you authorize us to make recurring debits from your respective Deposit Accounts or ACH transfers from Linked External Accounts, on each Due date, in the amount of the payment due (or another amount you select), as set forth on each Statement. You also authorize us to debit or credit your selected payment method as needed to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by law.
One-Time Transfer. You may use the Super App to authorize us to make a one-time transfer to us from your Deposit Account or ACH transfers from a Linked External Account on or before each Due date. You also authorize us to debit or credit your selected payment method to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by law. We may permit additional payment methods from time to time. We may reject any payment not made in accordance with this section.
Effect of Payment on Credit Limit. When we receive a payment and apply it to your Card Account from a payment method other than a transfer from your Deposit Account or digital wallet, your Credit Limit on your Card Account will increase in an amount equivalent to your payment. We may delay the change in your Credit Limit until we confirm that your payment has cleared. This may happen even if we credit your payment. If you have elected to make payments from the Deposit Account associated with your Card Account, your Deposit Account balance and your Spent Funds will be reduced by the amount of your payment, and your Credit Limit on the Card will not increase.
Payment Processing. We may accept and process payments without losing any of our rights. If your payment is returned unpaid for any reason, you authorize us to re-initiate the payment you authorized up to two additional times. We also reserve the right to add the returned payment amount back to your Card Account.
How We Apply Your Payments. Payments are first applied to any past-due amount, then to your current minimum payment due. We may adjust your Card Account Balance, Deposit Account balance, or Credit Limit as reasonably necessary to correct errors, process returned and reversed payments, and similar issues.
Credit Balances. We may reject and return any payment that creates or adds to a credit balance on your Card Account. Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new charges. You may write to the address provided on your Monthly Billing Statement to request a refund of any available credit balance.
Non-Payment. In addition to any other rights we may have or actions we may take under this Agreement, if you fail to pay your outstanding balance on the Due date, we may exercise the Security Interest in the Collateral under the Security Agreement.
Military Lending Act Disclosure: The Military Lending Act provides protections for Covered Borrowers, as defined in at 32 C.F.R. § 232.3(g). The following provisions of this Military Lending Act Disclosure section apply to Covered Borrowers. If you would like more information about whether you are a Covered Borrower, you may contact us at 1 (866) 602-3983.
- Military Lending Act Notice: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependents may not exceed an Annual Percentage Rate of 36%. This rate must include, as applicable to the credit transaction or account: (i) the costs associated with credit insurance premiums; (ii) fees for ancillary products sold in connection with the credit transaction; (iii) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (iv) any participation fee charged (other than certain participation fees for a credit card account).
- Oral Disclosures: In order to hear these important disclosures related to the Military Lending Act, you may call 1 (866) 602-3983.
- Applicability of Binding Arbitration: The Binding Arbitration section of this Agreement does not apply to Covered Borrowers.
Credit Limit. You may not spend more than the amount you have in your Deposit Account with your Card or with transactions on your Deposit Account. We refer to this limit as the Credit Limit. The Spent Funds is a portion of the Available Balance in your Deposit Account in an amount equal to your total Card Account Balance. The Credit Limit on your Deposit Account may never exceed the Credit Limit or the Available Credit. If you make a transaction that causes you to exceed the Credit Limit on your Card Account, you agree to immediately make a payment on your Card or make a deposit to your Deposit Account such that you no longer exceed your Credit Limit. Our general practice is to decline any transaction that would cause you to exceed any applicable Credit Limit. Even if we have permitted you to exceed your Credit Limit before, we are not required to do it in the future. We may determine the amount of Available Balance, Spent Funds, and Card Account Balance for the purpose of deciding whether a transaction will cause you to exceed a Credit Limit only once, and at any time between the time you authorize the transaction and when we decline the transaction or send a notice of the declined transaction.
The Super App. You can access your Card Account through the Super mobile application (Super App). You may log in to the Super App at any time to view and update information about your Card Account and initiate online transactions. Your use of the Super App is subject to the Super Pay Service Terms.
Other Transaction Limits. For security reasons, there are limits on the number, amount, frequency, and type of transactions you can make using your Card or Super Pay Account. Similarly, there are limits on your ability to use your Card with certain merchants or terminals. To protect the security of your Super Pay Account, others’ accounts and systems, we may or may not disclose some or all of these limits and any changes to these limits, unless required by law. We may change these limits from time to time at our sole discretion. We will notify you of any limits or changes to these limits if required by applicable law. In our discretion, we may permit you to make transactions in excess of these limits, but our permission to do so on one occasion does not guarantee that we will allow a transaction in excess of the limits in the future. Your rights under this Agreement to make purchases, deposit funds, make ATM transactions, transfers, and other transactions with your Card or Super Pay Account are subject to this paragraph.
Security; Locking Your Card Account. CONTACT US IMMEDIATELY IF YOU BELIEVE YOUR Card Account OR Card HAS BEEN LOST, STOLEN, OR ACCESSED OR USED BY ANY UNAUTHORIZED PERSON. You may ask us to lock any Card, and we may take other action we deem necessary to protect the security of your Super Pay Account or our systems. Locking a Card Account may not prevent all unauthorized transactions and will not prevent transactions that have already been initiated.
Governing Law. This Agreement and your Card Account, and any claim, dispute or controversy (whether in contract, tort, or otherwise) at any time arising from or relating to your Card Account, this Agreement or any transferred balances, are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, by the laws of Missouri (without regard to internal principles of conflict of laws).
Communication with You. We may contact you from time to time regarding your Card Account. We (and our affiliates, agents and contractors) may contact you in any manner we choose to the extent allowed by applicable law. For example, we may contact you:
(1) by mail, telephone, email, or text message;
(2) by using an automated dialing or similar device (“autodialer”);
(3) at your home and at your place of employment;
(4) on your mobile, wireless or cellular telephone or similar device, which may result in charges to you;
(5) at any time, including weekends and holidays;
(6) with any frequency;
(7) by leaving prerecorded and other messages on your answering machine/service and with others; and
(8) by identifying ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.
We may monitor or record any conversation or other communication with you. Unless the law states we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. You also agree that we may contact you using phone numbers, addresses and email addresses we obtain from public and nonpublic databases we may lawfully access; provided, that we will only do so in compliance with applicable law. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and contact information for you. Some of the legal purposes for calls and messages include: suspected fraud or identity theft; obtaining information; transactions on or servicing of your Card Account; collecting on your Card Account; and providing you information about certain products, services and promotions.
Amendment or Modification. At any time and subject to applicable law, we may change or delete any term of, or add new terms to, this Agreement, including without limitation the Interest Charge, Annual Percentage Rate, Fees, Total Minimum Payment Due amount, and the Arbitration Provision. Unless prohibited by applicable law, these changed or new terms will apply to any Card Account balance outstanding on the effective date of the change and to all future balances. When required by applicable law, we will notify you in advance of any changes, deletions or additions. Our notice will tell you when and how the changes will take effect and describe any rights you have in connection with the changes.
YOUR BILLING RIGHTS
KEEP THIS NOTICE FOR FUTURE USE
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statement
If you think there is an error on your monthly billing statement, write to us at:
MRV Banks c/o Super Pay
18 Bartol Street, Unit #159
San Francisco, CA 94133
You may also contact us on the Web at support@super.com
In your letter, give us the following information:
- Account information: Your name and Account number.
- Dollar amount: The dollar amount of the suspected error.
- Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
- Within 60 days after the error appeared on your monthly billing statement
- At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
- Within 30 days of receiving your notice, we must tell you that we received your notice. We will also tell you if we have already corrected the error.
- Within 90 days of receiving your notice, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
- We cannot try to collect the amount in question, or report you as delinquent on that amount.
- The charge in question may remain on your monthly billing statement, and we may continue to charge you interest on that amount.
- While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
- We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
- If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
- If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Card Purchases.
If you are dissatisfied with the goods or services that you have purchased with your card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
- The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
- You must have used your Card Account for the purchase. Purchases made with cash withdrawals from an ATM do not qualify.
- You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at:
MRV Banks c/o Super Pay
18 Bartol Street, Unit #159
San Francisco, CA 94133
You may also contact us on the Web at support@super.com
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.
Agreement to Arbitrate
This section is referred to as the Arbitration Agreement. If you have a dispute with the Bank or any other Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute will be resolved through the arbitration process set forth in this section.
Arbitration
You agree that if you have a dispute or claim that has arisen or may arise between you and the Bank or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach), your Super Pay Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. Except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and the Bank are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Parties Subject to this Arbitration Agreement
This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Agreement or your Super Pay Account, then the claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party.
THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT support@super.com.
Exclusions
You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing will bear all costs and expenses incurred by the other in compelling arbitration.
Your Right to Opt Out
If you do not want this Arbitration Agreement to apply to your Super Pay Account, you may opt out by sending us written notice of your decision within 30 days of the opening of your Super Pay Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, Super Pay Account number, and your signature and must be and must be emailed to optout@livesuper.com. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Super Pay Account. You agree that our business records will be final and conclusive evidence with respect to whether you canceled or opted out of this Arbitration Agreement in a timely and proper fashion.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by emailing customer support at support@super.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to the Bank or Indemnified Party should be sent to 18 Bartol Street, Unit #159, San Francisco, California, 94133 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with the Bank or Indemnified Party within 60 calendar days after the Notice is received, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank is entitled.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (AAA) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the Arbitration Fees) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, the Bank will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Bank will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Bank will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Arbitration Agreement will continue to apply.
Future Changes to this Arbitration Agreement
Notwithstanding any provision in this Agreement to the contrary, if the Bank makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you have a Super Pay Account, you may reject any such change by sending the Bank written notice within 30 days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the terms of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
SECURITY AGREEMENT
Our Security Interest in Your Deposit Account. You hereby grant to us, as of the date you enter into this Agreement, a security interest in all right, title and interest in any Deposit Account you have with us, and all funds deposited therein, now owned or hereinafter acquired (collectively, the Collateral), to secure your performance under this Agreement, including your duty to pay us for all obligations you owe us under this Agreement, present or hereinafter occurring, when payments are due, for every transaction made with your Super Pay Account (Security Interest).
Our Right to Exercise the Security Interest. You irrevocably and unconditionally relinquish possession and control over the Collateral, and you pledge and assign as security to us all of your right, title, and interest in it. You must take any action we request to perfect or protect our first lien position Security Interest in the Collateral. You waive the benefit of any homestead or other exemptions in the Collateral. The Security Interest will be governed by Uniform Commercial Code - Article 9 (as adopted by the applicable state law) whether Article 9 applies by its terms or not. We do not have to give you any prior notice to apply the funds in your Deposit Account or other Collateral or its proceeds to satisfy your obligations. You expressly agree that our rights under this Security Agreement extend to any electronically deposited federal or state benefit payments (including Social Security benefits) to the extent permitted by law. If you do not want your benefits applied in this way, you may change your direct deposit instructions at any time with the person or organization paying the benefits. In addition, you grant us a right of setoff to your Deposit Account to secure all amounts you owe us under this Agreement. This right of setoff does not apply to your Deposit Account if prohibited by law. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff or Security Interest.
What Happens When You Spend Money. When you make a transaction on a Card Account, an equivalent amount of funds in your Deposit Account will be classified as Spent Funds. The Spent Funds will remain in your Deposit Account. When you make a payment on your Card Account, an amount of the Spent Funds equal to the amount of the payment will no longer be classified as Spent Funds. You authorize us to limit your ability to withdraw or transfer all or part of the funds in your Deposit Account, up to the amount of funds classified as Spent Funds, as reasonably necessary to ensure that (1) your Card Account Balance and total of other transactions on your Deposit Account do not exceed the Available Balance in your Deposit Account at any given time; and (2) to preserve our rights under this Security Agreement.
YOU MAY LOSE FUNDS IN YOUR DEPOSIT ACCOUNT. If you are in default of any obligation under this Agreement, or your Super App Account is closed for any reason, you authorize us to withdraw funds from your Deposit Account and apply such amounts to the outstanding Card Account Balance and any other amounts you owe us under this Agreement without sending you notice or demand for payment. We may do this in addition to the other rights we have under law or this Agreement. The application of your funds to the Card Account Balance and any other amounts you owe under this Agreement will not affect your obligation to pay us in full. You are responsible for the repayment of all amounts you owe us under this Agreement.
Legal Proceedings. You represent that (a) there are no current lawsuits or bankruptcy proceedings that might affect our interest in your Deposit Account; and (b) you have not and will not attempt to transfer any interest in your Deposit Account to any other person or offer your Deposit Account as collateral or security for any other obligation. If any person seeks to attach your Deposit Account, for example by legal garnishment, you agree that we may deem all amounts you owe us, including any unpaid Card Account Balance, immediately payable and apply the funds in your Deposit Account as payment of those amounts. If we must hire an attorney to defend or enforce our rights under the Security Agreement, you will pay our reasonable attorneys’ fees and court costs, unless prohibited by law.
The application of Funds to your Card will not change your minimum payment amount. You are responsible for the repayment of any Obligation that is not satisfied by the application of Collateral. We may take up to 60 days to return any excess Collateral to you.
If there is no activity with respect to your Account for a prescribed period of time (generally five (5) years), the Collateral may be presumed to have been abandoned and will escheat to and become the property of the State of Missouri or another applicable state. We will notify you if required by law prior to escheating any Collateral held under this Agreement.
If you become a debtor in any proceeding under the United States Bankruptcy Code, you agree that you will recognize us as a perfected secured creditor with respect to the Security Account and that you will declare the Funds held as a security deposit as exempt property pursuant to the provisions of the United States Bankruptcy Code or applicable State exemption laws.
We may amend the terms and conditions applicable to your Security Account separately from the remainder of this Agreement at any time with reasonable written notice to you if required by applicable law.
No Warranties. We are not responsible for any claim you may have regarding the purchase of goods or services made with your Card Account beyond your rights described in this section and on your Statement.
Events of Default. You will be in default if:
- You fail to make any payment required under the terms of this Agreement when it is due;
- Any required payment you make is rejected, not paid or cannot be processed;
- You exceed your credit limit;
- You file or become the subject of a bankruptcy or insolvency proceeding;
- You are unable or unwilling to repay your obligations, including upon death or legally declared incapacity;
- We determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us;
- You do not comply with any term of this Agreement or any other agreement with us;
- You relocate outside the United States with a non-U.S. mailing address; or
- We receive a garnishment, attachment or other levy upon your Deposit Account, or the Deposit Account is subject to any other legal proceeding.
If you are in default, we may take certain actions with respect to your Account. For example, depending on the default, we may take the following actions, without notifying you, unless the law says that we must give you notice:
- (Close or suspend Card Account;
- Reduce your credit limit;
- Demand that you immediately pay the total balance owing on your Card Account;
- Continue to charge you interest and fees (as set forth in the Truth in Lending Disclosures) as long as your Card Account Balance remains outstanding; and/or
- File a lawsuit against you, or pursue another action that is not prohibited by law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees, unless the law does not allow us to collect these amounts.
Notwithstanding the foregoing, if your Account is 180 days past due, is part of a bankruptcy or insolvency proceeding, or is otherwise charged off, the total balance on your Account is immediately due and payable.
State Disclosures
California Residents: A married applicant may apply for a separate Account. After credit approval, each applicant shall have the right to use the Account up to the limit of the Account.
California and Utah Residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a Consumer Reporting Agency if you fail to fulfill the terms of your credit obligations.
Delaware Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month.
New York and Vermont Residents: We may obtain your credit reports for any legitimate purpose associated with the account or the application or request for an account, including but not limited to reviewing, modifying, renewing and collecting on your account. On your request, we will inform you of the names and addresses of any consumer reporting agencies that have furnished the reports. New York residents may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. New York State Department of Financial Services: 1 (800) 342-3736 or http://www.dfs.ny.gov.
Ohio Residents: Ohio anti-discrimination laws require creditors to make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on individuals upon request. The Ohio Civil Rights Commission administers compliance with these laws.
Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the Minimum Payment Due, up to your entire outstanding balance, at any time.
Washington State Residents: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from (i) a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven, provided you have notified us of the merchant's delay in posting such credit, or (ii) our failure to post such credit to your account within three working days of our receipt of the credit from the merchant.
Wisconsin Residents: No provision of any marital property agreement, unilateral statement, or court order applying to marital property will adversely affect a creditor’s interests unless, prior to the time credit is granted, the creditor is furnished with a copy of the agreement, statement or court order, or has actual knowledge of the provision. If the credit card for which you are applying is granted, you will notify us if you have a spouse who needs to receive notification that credit has been extended to you.
GENERAL AGREEMENT. You understand the following Digital Deposit Account Agreement ("Agreement") governs your account with us. Your account is also governed by other applicable documents, such as the Truth In Savings Account Disclosure and Privacy Policy, and where applicable, the Funds Availability Policy and Electronic Fund Transfer (Agreement and) Disclosure ("Disclosures"), which are incorporated by reference. By providing a written or electronic signature on the Account Information document or other agreement to open your account, or by using any of our deposit account services, you and any identified account owners agree to the terms contained in this Account Agreement.
- DIGITAL DEPOSIT ACCOUNT TERMS. This section governs your use of your Deposit Account.
- Deposits
- Limited Deposit Account Access. Your Deposit Account is only accessible through the Super App on your mobile device. You may only make withdrawals and transactions from your Deposit Account by initiating permitted transactions on the Super App. You will not be able to make withdrawals or deposits on your Deposit Account at branch locations, by telephone, at the point of sale, or at ATMs. You may not use your Card to debit your Deposit Account.
- FDIC Insurance. Funds in your Deposit Account are insured by the Federal Deposit Insurance Corporation (FDIC) through MRV Banks and backed by the full faith and credit of the United States, up to the applicable limit. The amount of insurance coverage you have may depend on the balance in your Deposit Account and the ownership, type of, and balances held in any other accounts you have with us. For additional information, please visit the FDIC’s website at www.fdic.gov. You agree and acknowledge that your deposit may be aggregated with other deposits in one or more accounts of our choosing. However, in no event with the aggregate deposits exceed the FDIC insurance limits.
- Deposit Requirements. Deposits must be made in U.S. Dollars. Deposits made by ACH are subject to the NACHA Operating Rules and Operating Guidelines and the rules of any regional clearing houses we may use from time to time (collectively, the ACH Rules). Before final settlement of any deposit, we act only as your agent. We will give only provisional credit until collection is final for any items we accept for deposit (including items drawn “on us”). You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond an applicable deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We will treat and record all transactions received after the Cutoff Time (defined below) on a Business Day we are open, or received on a day we are not open for business, as if initiated on the next Business Day that we are open. At our option, we may take an item for collection rather than for deposit.
Permitted Deposits. Deposits to your Deposit Account may be made using one of the following payment methods:
- External Debit Card. You may use the Super App to authorize us to charge a debit card issued by an external U.S. bank and deposit the funds in your Deposit Account. You are responsible for any fees charged by the issuing bank for using your debit card.
- Linked External Account. You may authorize us to initiate ACH transfers from a Linked External Account to your Deposit Account. Use the Super App to set up, review, change or cancel your scheduled transfers.
- Person-to-Person Transfer with Super.com Users. You can receive transfers to your Deposit Account initiated by another Super.com user, using the person-to-person transfer services (P2P Transfer) provided in the Super App pursuant to Section IV.D below.
- Cash Deposit at Retailer. When and where available, you may load funds into your Deposit Account by tendering cash at a retailer participating in a network that supports Super Pay Accounts. When you present cash for deposit to a participating retailer you will use the Super App to present a barcode to a participating retailer. There are limits on the amount and frequency of deposits you may make using this method, and we reserve the right to make changes to such limits as needed. Security and fraud screenings may delay the availability of your deposit. If cash deposit is made available via the Super App and you make a cash deposit, you agree to the participating retailer’s Service Terms and Conditions, which are incorporated herein by reference. Cash deposits may only be made to your Super Pay Account by you. You understand and agree that cash transactions are not subject to certain consumer and fraud protections afforded to electronic transactions and fraudulent transactions or errors may result in a loss of your funds. You may find a participating retail location in the Super App. Subject to availability. Participating retail locations may change.
- Direct Deposit. You can direct a third party, such as an employer, to electronically deposit your paycheck, retirement benefits, or other income to your Deposit Account by ACH or wire transfer. Direct deposits may not be initiated in the Super App.
- Mobile Check Deposit. You may load funds into your Deposit Account by submitting an electronic image of a paper check (“Mobile Check”) using a “Mobile Check Deposit'' feature within the Super App, when available. You must provide all the requested permissions for the Super App to be able to capture images and to create and transmit the Mobile Check.
- Other. We may permit you to make deposits by other means we make available from time to time.
- Rules for Mobile Check Deposit. We may accept a check for deposit to your Deposit Account that is payable to you. We reserve the right to decline acceptance of a Mobile Check, at our discretion. We cannot guarantee that checks you ask us to deposit are valid, and we may return or reverse a deposit we later learn is fraudulent, counterfeit or otherwise invalid. Even if we accept your Mobile Check within the Super App, we reserve the right to decline acceptance at a later time, so it is important that you retain your original paper check in a secure location for at least forty-five (45) days. You must destroy the original paper check after forty-five (45) days and no later than sixty (60) days, unless we have contacted you about our ability to accept the Mobile Check and requested that you retain the check for a longer period of time.
You agree to restrictively endorse any check you deposit as “FOR MOBILE DEPOSIT ONLY, TO MRV Banks” and with your signature. You must endorse checks in the designated area or the area that extends 1 ½ inches from the trailing edge of the back of the check. After you receive confirmation from us that we have received the image of the check, you agree to mark the front of the item as “VOID” to ensure it is not re-presented for payment. We may endorse and collect checks deposited to your Deposit Account without your endorsement, but we may require your personal endorsement, and the personal endorsement of any other person to whom the check is payable, prior to accepting a check for deposit. We may, but are not required to, refuse to deposit any check that bears the endorsement of any other person, or any nonconforming endorsement, we are not required to comply with any other instructions or conditions written on the check, and you agree to hold us harmless from any loss, delay, claim or damage which may result. We may require verification of any endorsement.
When we accept a check for deposit to your Deposit Account, we are acting as your agent in collecting the check and we are not responsible if the check is lost or delayed in the collection process. If a check is lost during the collection process, or if we receive a returned check, a copy of a returned check, or other notice that a check you deposited is returned, we may charge your Deposit Account for the amount of the check, even if this causes a negative balance in your Deposit Account or any Wallet. We reserve the right to charge a Returned Item Fee for any check that is returned unpaid for any reason. By depositing a check (including any remotely created check), you warrant and guarantee that the check is authorized according to the terms on its face by the person identified as the drawer. You agree to indemnify us from all loss, expense, and liability related to a claim that such check was not authorized by the person(s) on whose account it was drawn. We may reject the deposit of any check that is not drawn on a U.S. financial institution or denominated in any currency other than U.S. dollars.
You agree that the image you submit of any check you attempt to deposit will be legible. You agree that we may use the amount shown on the check image or otherwise specified by you to determine the amount of the check, and we may provisionally credit your Deposit Account for that amount. This amount is subject to our subsequent verification and we may adjust your account for any errors.
You agree that you will not deposit or attempt to deposit any ineligible item, as described below in Section I.A.6. If you do, you agree to reimburse us for all claims, losses, costs and damages we incur because the check or other item does not meet applicable standards or causes duplicate payments.
We will use reasonable efforts to make the mobile check deposit service available for your use in the Super App, but we will not assume responsibility for any technical or other difficulties or any resulting damages that you may incur from this service. - Ineligible Items for Deposit. You agree that you will not deposit or attempt to deposit the following types of checks or other items, each of which are ineligible for deposit to your Super Pay Account:
- A third-party check that is made payable to another party and then endorsed to you
- A check payable to two or more persons jointly
- An item that contains evidence of alteration or fraud
- An item with respect to which you are aware of any facts or circumstances that may impair the collectability of the item
- A substitute check or check previously converted to a substitute check
- A check payable on sight or draft
- An item that is drawn on a foreign financial institution or which is denominated in foreign currency
- A remotely created check
- An expired, post-dated, or stale-dated check
- A check that is marked “non-negotiable”
- An item that has been re-deposited or returned for any reason
- An item that is incomplete or contains blank or invalid fields
- A duplicate item
- Travelers checks and savings bonds
- An image of a check that does not comply with the requirements established from time to time by the American National Standards Institute (“ANSI”), the Board of Governors of the Federal Reserve Board, the rules of any clearing house, or applicable law.
- Cash
Representations and Warranties for Mobile Check Deposits. By depositing or attempting to deposit any check using the Mobile Check Deposit feature, you represent, warrant, and covenant to us that:
- Each image of a check transmitted to us is a true and accurate depiction of the front and back of the original check, without any alteration, and the drawer of the check has no defense against the payment of the check.
- Each check that you submit to us for deposit will not be resubmitted in any format to us or any other person or payment, and will not cause the same drawer’s account to be debited twice.
- The amount, payee, drawer, paying bank, MICR (magnetic ink character recognition), signatures, and endorsement on the original check are legible, genuine, and accurate.
- Other than the digital image of an original check that you remotely deposit through the Mobile Check Deposit service in the Super App, there is no other duplicate image of the original check.
- Each original check was authorized by the drawer in the amount stated on the original check, and to the payee stated on the original check.
- You have not knowingly failed to communicate any material information to us
- You will retain possession of each original check deposited using the Mobile Check Deposit service for at least two weeks, or such other time period we request, and neither you nor any other party will submit the original check for payment.
- You will not use the Mobile Check Deposit service for any illegal activity.
- Files and images transmitted to us will contain no viruses or any features that may have an adverse impact on our network, data, or related systems.
- You will notify us of any suspected errors regarding items deposited through the Mobile Check Deposit Service immediately, and in no event later than sixty (60) days after the Statement on which the deposit first appears is sent. Unless you notify the bank within sixty (60) days, the Statement will be deemed correct and you are prohibited from bringing a claim against the Bank for the alleged error unless required by law.
- You accept the risk that a check or image may be intercepted or misdirected during transmission and we bear no liability.
- You agree to cooperate with any investigation of the validity of any item you present for deposit and provide all documents we request.
A breach of any of these representations, warranties, or covenants is ground for the immediate termination of your access to the Mobile Check Deposit service, refusal to deposit any item that would cause such a breach, an immediate reversal of a transaction or credit to your Super Pay Account, and any other action we deem appropriate, subject to applicable law.
- Early Access to Direct Deposits. At our sole discretion, we may make funds available for certain direct deposits (for example, payroll payments) as soon as the payor notifies us that the payment has been initiated. This means we can make your money available to you up to 2 days before we receive the funds from the payor and would otherwise make them available to you. Even after we have made funds available to you and you have withdrawn the funds, you remain responsible if any deposit to your account is returned, rejected or otherwise uncollected. We cannot guarantee you early access to any direct deposit. Early access to a direct deposit does not guarantee early access to any subsequent direct deposit. Availability of this benefit may change between your pay periods. Eligibility of each direct deposit for early access is established by us in sole discretion and we reserve the right to refuse to provide early access to any direct deposit for any reason. For example, eligibility may be dependent on our fraud and risk criteria, the timing of your payor’s initiation of the payment, the time when we receive notice that your payor has initiated a payment, and other restrictions, such as transaction limits on your Super Pay Account. These limitations may be based on our confidential fraud and security controls that are essential to our management of risk and the protection of your Super Pay Account, and may be modified at our sole discretion without notice to you. Any direct deposit that is not made available early will otherwise be made available according to our Funds Availability Policy.
- Deposit Records and Receipts. We and our service providers may rely on the account number on any record of a deposit you make, even if that account number is associated with a name that is different from the name you have provided. It is not our responsibility to detect any inconsistency between the account number you provide and the name. You may use the Super App or call us to confirm that we have received a deposit. If you make a deposit, we may provide a confirmation of your deposit, but the amount on your deposit confirmation may not reflect the amount of funds we actually receive. We may confirm the funds you deposit and, after review, may adjust your Deposit Account for any errors including any errors on your deposit request or similar records. If we give you a confirmation for a deposit that you then cancel, the confirmation is void and you may not claim those funds.
- Our Right to Refuse Deposits. We may refuse a deposit, or part of a deposit, at any time. We also may refuse a deposit after initially accepting it. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you have already made.
- When You Can Withdraw Funds You Have Deposited. Please see the Funds Availability Policy for information about when deposited funds will be available for withdrawal. If funds from a deposit become available, that does not mean the item deposited is “good,” has “cleared,” or has been paid by the paying bank. It is possible that the item will be returned unpaid months after we have made the funds available and you have withdrawn them.
- Our Right to Charge Back Deposited or Cashed Items. If you make a deposit and (a) the sending bank returns it to us unpaid; (b) the sending bank demands that we repay them because the deposit was unauthorized; or (c) the sending bank or the originator of a transfer demands that we return the item because it was unauthorized, sent to the wrong account number or procured by fraud, we may pay the return or demand, and subtract the funds from your balance in the Deposit Account. If we have reason to believe that any of the events in the previous sentence has occurred or may occur or that the item should not have been paid or may not be paid for any other reason, we may place a hold on the funds or move them to a bank-managed administrative account until we determine who is entitled to them.
- All Deposits Are Credited Subject to Final Settlement in Cash or Credits. We have the right to forward all deposited items to correspondents including all Federal Reserve Banks, and we will not be liable for default or neglect of any correspondents for loss in transit, and no correspondent will be liable except for its own negligence. You specifically authorize us or our correspondents including the Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse. If we permit you to withdraw funds from your Deposit Account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your Deposit Account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We will not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.
Withdrawals and Transfers
- Available Balance. You may withdraw or transfer all or any part of the Available Balance in your Deposit Account at any time, provided that the withdrawal will not cause you to exceed the Spending Limit(s) and any other limitations in this Agreement or limits you set on the Deposit Account by using the Super App. We determine your Available Balance by taking your previous day’s balance, plus any pending transactions that credit your Deposit Account (excluding pending returns), such as ACH direct deposits, and subtracting (a) pending charges such as, electronic payments, according to the Processing Order (defined in Section I.B.9 below) (b) amount of deposits that are not yet available for withdrawal under our Funds Availability Policy, and (c) any holds on your balance, such as holds on funds to comply with court orders or other legal requirements, or as authorized by the Security Agreement. We reserve the right to use a different method in certain states if required by law.
- Withdrawal Rules. When you initiate a withdrawal of funds from your Deposit Account, you authorize us to make the transaction selected. Withdrawals may be made in U.S. dollars by using the Super App to authorize a transfer of funds to a Linked External Account, to make payments on your Card, to make a P2P transfer to another Super.com user, or to make a transfer to another type of account or payee we may permit from time to time. Withdrawals to a Linked External Account and P2P transfers are processed as ACH transactions. Please see the Electronic Fund Transfer Agreement for more information. We may subtract from your Deposit Account balance the amount of any withdrawal, P2P Transfer, or other debit transaction that you or a person you authorized, initiated or approved. We may require you or any person you authorize to provide us with identification, documentation or information that is acceptable to us before allowing the transaction. You may not make or authorize any withdrawal in an amount that exceeds the applicable Spending Limit. We may refuse any withdrawal or transfer request by any method on forms not approved by us, or that we do not specifically permit for your Deposit Account, or that does not include all information we require, or that is greater in number than the frequency permitted, or which is greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on your Deposit Account until your identity is verified. We reserve the right to establish (and change) maximum dollar limits for withdrawal transactions from time to time. Even if we honor a nonconforming request, we are not required to do so later.
- Cutoff Time. Online requests to transfer funds to or from your Deposit Account must be received by us by 2:00 PM Eastern Time on a Business Day to be initiated on that Business Day. Online transfer requests received by us after 2:00 PM Eastern Time or on a day that is not a Business Day generally will be initiated on the next Business Day.
- Right to Require Advance Notice of Withdrawals. We reserve the right to require seven days’ notice in writing before each withdrawal.
- Account Numbers on Fund Transfers. If you instruct us to send a fund transfer, such as an ACH transfer, we, our service providers, and every other bank involved in the transfer may rely on any bank number or account number you provide. If the fund transfer instruction gives both a bank number or account number and a name, and the name identifies a different person from the bank or account owner identified by number, we and other banks that handle the fund transfer may still rely exclusively on the number. We have no duty to detect any inconsistency between the bank number or account number and the name.
- Withdrawal Authority. Any person who signs to open your Deposit Account or has authority to make withdrawals may, acting alone, withdraw or transfer all or any part of your Deposit Account balance at any time, subject to the limits set forth in this Agreement. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to endorse any item payable to you or your order for deposit to your Deposit Account or any other transaction with us.
- Rules for ACH Transfers. This Agreement is subject to Article 4A of the Uniform Commercial Code – Fund Transfers, as adopted in the state in which you have your Deposit Account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules, such as the NACHA Rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your Deposit Account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a payment order to credit your Deposit Account, we are not required to give you any notice of the payment order or credit.
- Multiple Signatures. We are not required to comply with any multiple-signature requirement, even if you have otherwise instructed us to do so.
- Processing Order. The following Processing Order dictates the order in which we will process your transactions on your Deposit Account each Business Day. All credit transactions are processed first. Debits or withdrawals (such as ACH transactions) will be processed in the order in which they are received by us. The processing order of these items is important because if there is not enough money in your Deposit Account to pay for the items in the order they are processed in accordance with the processing order, we may decline the transaction, or it may cause an overdraft on your Deposit Account.
Overdrafts
- Overdrafts. Our general practice is to decline to pay any transaction that would cause an overdraft on your Deposit Account (i.e., your Available Balance or ledger balance in your Deposit Account is less than the amount of that item plus all other items received but not yet paid) (Overdraft). Even if we have paid these items before, we are not required to do it in the future. We can change our practice of paying these items on your Deposit Account without notice to you. We may determine the amount of Available Balance for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. This may not occur until the merchant presents the transaction for payment, which may be several days after you authorize a transaction. We need only look at your Available Balance in your Super Pay Account once to decide if the item would cause an Overdraft or negative Available Balance, but if we choose to make a subsequent determination, the Available Balance at the subsequent time will determine whether there are insufficient available funds. It is your responsibility to avoid overdrawing your Deposit Account and maintain an Available Balance of at least $0.00 in your Super Pay Account.
- Overdraft Fees. You agree that we may charge fees for Overdrafts as set forth in the Fee Schedule.
- Your Responsibility to Pay Overdrafts. You are liable for any Deposit Account shortage resulting from charges or Overdrafts, whether caused by you or any other person to whom you provide access to your Super Pay Account. If we pay a transaction that causes an Overdraft or negative Available Balance, you must immediately pay the amount of any Overdraft and restore the Available Balance to at least $0.00. You have no right to defer such payments, and you are liable regardless of whether you signed the item or benefitted from the charge or Overdraft. If you fail to pay an Overdraft, we also may report you to consumer reporting agencies, close your Super Pay Account, or both. This could affect your ability to open accounts with us or other banks in the future. We may also apply funds in your Deposit Account to cure a negative Available Balance. You authorize us to use the money from any subsequent deposits to your Deposit Account to pay any Overdraft or apply the deposit to cure a negative Available Balance. Subsequent deposits include any federal or state benefit payments that you choose to deposit in your Deposit Account (including direct deposit of Social Security benefits), unless prohibited by law. You understand and agree that if you do not want your benefits applied in this way, you may change your direct deposit instructions at any time. We may still pursue collection of the amount you owe (including suing you) after it is charged off.
- Waiver of Notices. To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your Deposit Account. For example, if you authorize a transaction and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.
Person to Person Transfers. You may use your Super Pay Account to make person-to-person transfers (P2P Transfers) to other Super.com users.
- Payment Authorization. When you authorize a P2P Transfer, you authorize us to debit your Deposit Account for the amount you request to send, plus applicable fees if any, on or after the date of your authorization. We will send that amount (less fees, if any) to your designated recipient. By authorizing a P2P Transfer, you also authorize us to initiate any other transactions necessary to correct errors or reverse payments that are rejected or returned. You may not use an external bank account or any other payment method to fund a P2P Transfer. You are solely responsible for ensuring you have a sufficient Available Balance in your Deposit Account necessary to complete any payments initiated through the P2P Transfer service, and that the transaction will not cause you to exceed any Spending Limit. You agree to reimburse us for any fees, costs, or expenses we incur as a result of insufficient or unavailable funds in connection with any P2P Transfer you initiate.
- Restrictions on P2P Transfers to Super.com Users Without Super Pay Account. If you send a P2P Transfer to a recipient who does not have a Super Pay Account, you authorize us to hold the funds you send on behalf of your recipient, and we will issue promotional credit (Credit) to the recipient in lieu of cash. You understand that the recipient cannot redeem the Credit for cash unless and until the recipient opens a Super Pay Account. To send a P2P Transfer, you must provide the recipient’s valid mobile telephone number, which is capable of receiving SMS or “text messages.” If the recipient does not have a username or log-in for Super (User Account), the recipient will receive an SMS message notifying them of your P2P Transfer, with instructions for opening a User Account or Super Pay Account and claiming the Credit. Once the recipient has a User Account, the recipient will receive Credit in the amount of the P2P Transfer sent from your Super Pay Account. A User Account is not a Super Pay Account and your recipient may not use a User Account to redeem the Credit for cash. If the recipient opens a Super Pay Account, the Credit will be automatically redeemed for cash and deposited in their Super Pay Account. Credit has no cash value until and unless we redeem the Credit for cash, and credit it to a Deposit Account. Credit is issued solely for promotional purposes and is not FDIC-insured. Credit expires 5 years after the date it is issued, if it is not used or redeemed for cash. If the recipient fails to claim the Credit or their User Account is inactive for an extended period of time, it may be deemed “unclaimed” or “abandoned” under applicable state law. See Super Pay Service Terms for more information.
- Transaction Limits. You may not make P2P Transfers that would cause you to exceed any transaction limits set forth in provision of this Agreement, including, but not limited to the Spending Limit applicable to your Deposit Account. We may reject or reverse any transaction that would cause you or the recipient of the P2P Transfer to exceed limits applicable to their Super Pay Account or User Account, or if we determine in our sole discretion that the P2P Transfer was invalid for any reason. The P2P Transfer service may not be used to conduct business, commercial or merchant transactions. We reserve the right to change these transaction limitations at any time, in our sole discretion, with or without notice to you, unless required by law.
- Stop Payment. All P2P Transfer requests may be processed as soon as we receive them, and we may be unable to stop the P2P Transfer. Our ability to stop a P2P Transfer once you have initiated it will depend on when you notify us of your desire to stop the transaction, and whether we have begun to process the P2P Transfer or have a reasonable opportunity to act on your request to stop the payment. You may contact support@super.com to initiate a Stop Payment request.
- Refunds, Reversals and Chargebacks. P2P Transfers may be invalidated or reversed by us if, among other reasons, we send cash or Credit to you or your recipient in error, the funding transaction is declined or reversed, the P2P Transfer was unauthorized or unfunded, or the P2P Transfer was made for activities or reasons that violate this Agreement, the Super Pay Service Terms or any other agreement you have with us. If a P2P Transfer is invalidated for any reason, you may be liable to us for the full amount of the P2P Transfer, and we may recover the amount of the P2P Transfer (plus applicable fees, if any) from you. We may recover the amount of the P2P Transfer from the sender or recipient of the P2P Transfer in our sole discretion (subject to applicable law). When recovering the amount of an invalidated P2P Transfer from you, we may apply any funds sent to you in a subsequent P2P Transfer, from your Deposit Account or any incoming deposit to your Deposit Account, engage in collection efforts to recover such amounts from you, place a limitation or restriction on your Super Pay Account, or take any other action authorized by this Agreement, Super Pay Service Terms or any other agreement you have with us.
- P2P Public Profile. You may create a profile that is viewable and searchable by others in order to make P2P Transfers. The profile may include a picture, personal information, and transaction information. You are responsible for the content that you upload or add to the profile. The content that you upload or add to the profile will be used, shared, and stored in accordance with the Super.com Privacy Policy.
- P2P Requests. You may use the P2P Transfer service to request payments from your friends and family. When you do so, the Super App will automatically generate a draft text message on your smartphone’s texting feature, to send to the intended recipient. The text message will contain a unique link which the recipient can use to access a payments portal and make a payment to your Deposit Account, using an accepted payment method. The Super App does not automatically send the text message, and requires the person making the request to send the auto-generated message, using the recipient’s valid mobile phone number. The message may be edited, but the unique link may not be changed. If the person who receives the request successfully makes a payment using the unique link, the amount of the payment received will be deposited as cash into your Deposit Account, less applicable fees, if any. The recipient of the message is not required to respond to the request for payment, may choose to send a different amount of money than the amount requested, or choose not to respond or send you any money. YOU MAY NEVER REQUEST A PAYMENT FROM ANYONE YOU DO NOT KNOW PERSONALLY OR MAKE ANY UNSOLICITED REQUESTS FOR MONEY. Your mobile or data carrier may charge a fee to send and receive these text messages. We are not responsible for these fees.
- Other Restrictions. The P2P Transfer service is subject to all other terms and restrictions set forth in the Super Pay Service Terms, which are incorporated herein by reference. In the event of a conflict between the Service Terms and this Agreement, this Agreement shall control.
- ADDITIONAL TERMS. This section applies to all features of your Super Pay Account.
- Communications, Statements, Notices of Errors, and Other Notices
- Delivery of Notices. You agree that we and our service providers may communicate with you by mail, telephone, email, fax, pre recorded message, automated voice, text message or other means allowed by law regarding your Super Pay Account. Any legal disclosures, notices and communications and other Super Pay Account-related correspondence that we mail to you will be sent via U.S. Mail to the last mailing address shown in our records for your Super Pay Account. Notices will be deemed to have been delivered on the day we mailed it to you, or made it available electronically. We are not responsible for items lost in, or not delivered by, mail or e-mail. Some notices may only be available electronically or in paper form. Notice to any owner of your Super Pay Account is notice to all owners.
- Notices You Send Us. Any written notice you give us is effective after we actually receive and act on it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the item, including the item number, amount, date and payee.
- Electronic Communication. Your Super Pay Account is an electronic account. We may send communications electronically, such as by email or text message, rather than through U.S. mail or other means, unless the law says otherwise. If you give us your email address, you agree that we may send servicing messages (such as fraud alerts and hold alerts) related to your Super Pay Account to that address. You may be required to agree to communicate with us by electronic means in order to open a Super Pay Account. If you revoke your consent to electronic communications, we may declare you to be in default of this Agreement, close your Super Pay Account or take other actions described in your Super Pay Secured Charge Card Agreement and the Consent to Electronic Communications.
- Telephone Communication. We may record and/or monitor any of our telephone conversations with you. If we do record, we do not have to keep the recordings, unless the law says we must. When you give us your mobile number, we have your permission to contact you at that number about all of your MRV accounts. Your consent allows us and our service providers to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls. This communication may include contact from companies working on our behalf to service your Super Pay Account. Message and data rates may apply. You may change these preferences by calling 1 (877) 376-2710 on Monday – Friday between 8AM and 7PM EST or emailing support@super.com.
- Change in Contact Information. We require you to provide an email address, mobile telephone number, and physical street address if your mailing address is a P.O. box. You are responsible for promptly notifying us of any change to any such contact information or your name. In some instances, we may request additional information for verification purposes. Any notice we mail to you (or email to you if you have told us to communicate with you electronically) will be binding when sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service (USPS) or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the USPS.
- Communications Equipment and Services. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access and use your Super Pay Account online; view, save and/or print your Super Pay Account documents online; receive any messages or documents you have consented to receive electronically; and for paying all related charges. We are not required to act on any instruction or message from you provided by fax, SMS/text, or telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text or fax to be written notice.
- Closing and Restricting Your Super Pay Account.
- You May Close Your Super Pay Account. You may request to close your Super Pay Account at any time for any reason. However, we are not required to close your Super Pay Account at your request if you have pending transactions, your Deposit Account is overdrawn, your Deposit Account balance is securing an outstanding Super Pay Card Balance, or your Deposit Account is subject to legal process (such as a garnishment, attachment, execution, levy or similar order) or fraud investigation. In those cases, we will restrict your Super Pay Account against all future withdrawals and other transactions, other than under legal process, until pending transactions are paid or returned, the balance on your Deposit Account is no longer negative, there is no outstanding Super Pay Card Balance on any of your Card(s), all investigations have been successfully completed to our satisfaction with no adverse findings, and any legal restriction on your Super Pay Account has been released.
- We May Close Your Super Pay Account. We may also close your Super Pay Account at any time, for any reason or no reason, with or without prior notice to you. We will have no liability for any action we take under this section.
- Rules for Closing Your Super Pay Account. We may restrict your Super Pay Account in preparation for closing. As we do so, we will not pay any interest on your Deposit Account, and we may limit deposits to, or withdrawals from, your Deposit Account. We may prohibit further transactions on your Card. Items presented for payment may be dishonored. When you close your Super Pay Account, you are responsible for leaving enough money in your Deposit Account to cover any outstanding items to be paid from your Deposit Account. We may send you a written notice that we have closed your Super Pay Account. We will return the Available Balance in your Deposit Account less any outstanding unpaid Super Pay Card Balance, fees, claims, setoffs or other amounts you owe us, either electronically to a Linked External Account or by check sent to you by mail. This Agreement will survive the closing of your Super Pay Account and you are still responsible for obligations incurred prior to or in connection with the closing of your Super Pay Account. After your Super Pay Account is closed, we have no obligation to accept deposits or pay any outstanding transaction requests, but we may reopen your Deposit Account if we receive a deposit. This Agreement will survive the closing of your Super Pay Account and you are still responsible for obligations incurred prior to or in connection with the closing of your Super Pay Account.
- Restricting Your Super Pay Account; Blocking and Delaying Transactions. There are many reasons we may decline or prevent transactions to or from your Super Pay Account, but we generally do it to protect you or us, or to comply with legal requirements. We may decline or prevent any or all transactions to or from your Super Pay Account in our sole discretion, as permitted by applicable law. We may refuse, freeze, reverse or delay any specific withdrawal, payment or transfer of funds to or from your Deposit Account, or we may remove funds from your Deposit Account to hold them pending investigation, including in one or more of the following circumstances:
- You maintain your Deposit Account at zero balance for at least 180 days;
- You reside in or relocate outside of the U.S. or any U.S. territory where we offer the Super Pay Account;
- You attempt to use your Super Pay Account for business purposes;
- Your Super Pay Account is involved in any legal or administrative proceeding;
- We receive conflicting information or instructions regarding Super Pay Account ownership, control or activity;
- We suspect that you may be the victim of a fraud, scam or financial exploitation, even though you have authorized the transaction(s);
- We suspect that any transaction may involve illegal activity, including violations of anti-money laundering laws and regulations, or may be fraudulent;
- We are complying in our sole judgment with any federal, state or local law, rule or regulation, including federal asset control and sanction rules and anti-money laundering rules, or with our policies adopted to assure that we comply with those laws, rules or regulations; or
- We reasonably believe that doing so is necessary to avoid a loss or reduce risk to us.
- Other Account Terms
- Security. It is your responsibility to protect the devices on which you access your Super Pay Account, your Card, the username, password, biometrics or other data you use to log into the Super App (Access Credentials). Do not share this information with anyone. If you give another person permission to use this information, you may be held fully liable for any transactions they make with your Super Pay Account, even if that person exceeded the authority you gave them. Please notify us immediately if you believe your Super Pay Account has been accessed without your permission. See the Electronic Fund Transfer Agreement and your Super Pay Secured Charge Card Agreement of this Agreement for more information about your rights and responsibility in the event of unauthorized use of your Super Pay Account.
- Assignment of Agreement and Successors. You may not assign or transfer any interest in your Super Pay Account unless we agree in writing. Any permitted assignment of your Super Pay Account is subject to our setoff rights. This Agreement will be binding on your personal representative, executors, administrators and successors, and on our successors and assigns.
- Power of Attorney. A power of attorney is a document you sign that authorizes someone else, called the agent, to act on your behalf. If you sign a power of attorney, the agent can sign on your behalf and do anything you could do regarding your Super Pay Account, including withdrawing or spending all of the money in your Deposit Account. Do not sign a power of attorney unless you trust the agent to act in your best interest. If you choose to add an agent, you must provide a power of attorney form that we agree to accept. We may rely on a copy of an original power of attorney. We are not required to investigate the facts relating to any power of attorney provided to us on your behalf, including whether your signature on the power of attorney is authentic or whether the agent continues to have authority. We may follow or refuse to follow the agent’s instructions at any time, including if we suspect fraud or abuse on your Super Pay Account, unless applicable law requires otherwise. We may also refuse an agent’s request to become a joint owner or a beneficiary of a Super Pay Account, but we have no liability to anyone if we do so. We have no liability when we follow or refuse to follow any instructions from an agent, for example, if your agent misuses the authority you have given them.
- Death or Incompetence. We may continue to honor your transactions and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify transactions made on or before the date of death or adjudication of incompetence for up to 10 days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the Super Pay Account.
- No Waiver. If we fail to exercise any right, that does not mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
- Headings and Rules of Construction. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular.
- Changes to this Agreement. We may change the terms and conditions of this Agreement, including fees and features of your Super Pay Account, at any time. We will notify you in advance of any such change when required by applicable law. If we have notified you of a change to this Agreement and you continue to use your Super Pay Account after the effective date of the change, you have agreed to the change. Notices will be made available on our Super App and website, or delivered electronically using the most recent contact information we have on file for you.
- Legal Actions Affecting Your Super Pay Account. If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your Super Pay Account (Legal Action), we will comply with that Legal Action. Or, in our discretion, we may freeze the assets in your Deposit Account and not allow any payments out of your Deposit Account, or use of the Card for obligations secured by your Deposit Account, until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of your funds in your Deposit Account. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your Deposit Account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including attorneys' fees and our internal expenses) may be charged against your Super Pay Account. The Fee Schedule may specify additional fees that we may charge for certain legal actions.
- Illegal Activities. You agree not to use your Super Pay Account or permit anyone else to use your Super Pay Account for any illegal activity. We may refuse any gambling transaction, whether lawful or not.
- Inactive and Unclaimed Accounts. Each state has laws that govern when accounts are considered inactive or abandoned, and when we are required to send a customer’s funds to the state. We encourage you to make sure your Super Pay Account remains active by signing in to the Super App or making transactions. After a specified period of time determined by the law of the state of your residence (as shown in our records), if we are not able to locate you, we will be required to deliver your Deposit Account to the state as abandoned property. You will then need to apply to the state for return of your funds. If your Super Pay Account is or has been inactive, we may, in our discretion, refuse to honor requests for withdrawals or other transactions on your Super Pay Account until after we have verified that you have authorized the request.
- Reporting to Consumer Reporting Agency; Disputes. At our option, we may report information about you or your Super Pay Account and your performance under this Agreement to a consumer reporting agency. We may permit you to opt in or opt out of this reporting. If you believe that we have reported inaccurate or incomplete information about your Super Pay Account to a consumer reporting agency, you have the right to file a dispute with that consumer reporting agency. You may also submit a dispute directly to us by writing to us at support@super.com. Provide your name, address and phone number; your Super Pay Account number; the specific information you are disputing; an explanation of why it is inaccurate or incomplete; and any supporting documentation.
- Rules Governing Your Super Pay Account. Except as otherwise provided in the Arbitration Agreement, Super Pay , this Agreement, your Super Pay Account and all accounts and the services provided to you, any disputes relating to those accounts and services are governed by Federal Law and, when not superseded by Federal Law, the law of the state where your account is located. Here is how we determine where your account is located.
- If you applied for an account in person at one of our banking offices, then the account is located in the state where you applied.
- If you applied for the account digitally, or through other remote means, and your address as recorded in our records was in a state where we had a branch at the time, then the account is located in that state which for joint accounts, will be based on the address of the owner whose name was listed first.
- In all other cases, your account will be governed by Missouri law.
Changes in these laws may change the terms and conditions of your Super Pay Account. We will notify you of any changes as required by law. Except as otherwise provided in the Arbitration Agreement, if any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. If this Agreement conflicts with any statements made by one of our employees or by a third-party service provider, this Agreement will govern. - Fees. You agree to the terms of this Agreement and the Fee Schedule. You authorize us to deduct these charges, without notice to you, directly from the balance of your Deposit Account as accrued. You will pay any additional reasonable charges for services you request which are not covered by this Agreement.
- Attorneys’ Fees Resulting from Collection or Dispute. You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Super Pay Account. This includes you or a third party claiming an interest in your Super Pay Account. This also includes any action that you or a third party takes regarding the Super Pay Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Deposit Account balance when they are incurred, without notice to you.
- Limitation of Liability. You agree that we, our service providers, agents, officers, directors, and employees (and the same of our service providers, subsidiaries and affiliates themselves) (collectively, the Indemnified Parties) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party does not follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. To the extent you are entitled to relief under this Agreement, the total liability of the Indemnified Parties to you will not exceed $500, except as otherwise required by applicable law. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. This section will survive termination of your Super Pay Account and termination of this Agreement.
- Indemnification. You agree to indemnify and hold the Indemnified Parties harmless from and against losses arising in connection with the services provided under this Agreement, except for losses arising out of our own gross negligence or willful misconduct. You further agree to hold the Indemnified Parties harmless from losses arising out of actions taken or omitted in good faith by any Indemnified Party in reliance upon instructions from you. The Indemnified Parties are not responsible for any actions or omissions by any third party. If you give us instructions that we believe may expose us to potential liability, we may refuse to follow your instructions and we will not be liable to you if we refuse to follow your instructions. If we do choose to follow your instructions, we may ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us. This section will survive termination of your Super Pay Account and termination of this Agreement.
- Filing a Lawsuit or Arbitration. You must file any lawsuit or arbitration against the Indemnified Parties within two years after the cause of action arises, unless federal or state law or an applicable agreement provides for a shorter time. This limit is in addition to limits on notice as a condition to making a claim. If applicable state law does not permit contractual shortening of the time during which a lawsuit must be filed to a period as short as two years, you and we agree to the shortest permitted time under that state’s laws. We abide by applicable federal and state record retention laws and may dispose of any records that we retained or preserved for the period set forth in these laws. Any action against us or another Indemnified Party must be brought within the period that the law requires us to preserve records, unless applicable law or this Agreement provides a shorter limitation period or applicable law requires a longer limitation period. This section is subject to Section II.C.28, which may require you to submit your claims to arbitration. This section will survive termination of your Super Pay Account and termination of this Agreement. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
- Location of Legal Proceedings. If you file any lawsuit or other legal proceeding against an Indemnified Party that is connected in any way to your Super Pay Account or services, you agree to do so in an appropriate court in the State of Missouri. If we file any lawsuit or legal proceeding that is connected in any way to your Super Pay Account or this Agreement, you consent to jurisdiction and venue in an appropriate court in the State of Missouri. If any party chooses to have disputes resolved by arbitration, the Arbitration Agreement governs the process and location of the arbitration proceedings.
- Pre-Judgment Interest Rate. If either you or we are awarded a judgment against the other in connection with your Super Pay Account, the rate of interest earned before judgment on the judgment amount will be the rate of interest your Deposit Account earned during that period unless state law requires a different rate.
- Unlawful Internet Gambling Notice. Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this Super Pay Account or relationship. Restricted transactions generally include those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
- Severability. Any provision of this Agreement that limits the Bank’s liability does not negate the Bank’s duty (if any) under applicable law to act in good faith and with ordinary care. If any provision of this Agreement is determined to limit the Bank’s liability in a way prohibited by applicable law, or to be otherwise unenforceable, the parties agree to replace such provision with a provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable, and this Agreement will be enforceable as so modified.
- Joint, Trust, Fiduciary and Custodial Accounts. You acknowledge that if your account is set up as a joint, trust, fiduciary or custodial account, it is your sole responsibility to determine the legal effects of opening and maintaining an account of this nature.
- Joint Account With/Without Right of Survivorship. If this account is noted as a joint account with right of survivorship, on the death of one party to a joint account, all sums in the account on the death vest in and belong to the surviving party(ies) as his or her separate property and estate. In the event this account is designated as a joint account without right of survivorship and we receive written notice of death of any person named on the account, we may freeze the account until we have received satisfactory evidence as to the disposition of the account. If the account is between spouses, the account shall be considered held as a tenancy by the entirety unless otherwise noted.
Wisconsin residents: If one owner of a marital account dies, the survivor is entitled to 50% of the account funds and the estate of the deceased is entitled to the other 50%. If a marital account contains a payable on death designation, the beneficiary is entitled to the deceased spouse’s 50% share. We will have no responsibility to determine respective interests of the owner and the payable on death beneficiary.
Florida residents: A Florida joint account owned solely by two spouses is a “tenants by the entirety” account unless the signature card or application materials designate otherwise. We are not required to determine whether an account is a tenants by the entirety account before responding to a garnishment or other legal process. We may assert our right of setoff or security interest in a tenants by the entirety account in order to collect debts of either owner. - Pay on Death or In Trust For Account. The type of account ownership may determine how your funds are paid if you die, even if your Will states otherwise. Please consult your estate planning advisor or attorney about your choices. If this account is designated as a Pay on Death account, such account shall, during the lifetime of the person(s) first named on the account as the depositor(s), be the property of and under the sole control of such person(s). Depositor(s) shall be entitled to cancel, change, give away, or otherwise deal with the account as if no other person was named on the account. At the death of all depositors, the account shall become the property of the person(s) named as the "Pay on Death" person(s). This account is governed by the choice of law provisions set forth herein in Section II.C.12 unless otherwise required by law. We are authorized to require proof of death and surrender of the evidence of the account prior to withdrawal after the death of all of the depositors. If there is more than one depositor who is a holder of the account, the depositors shall be joint tenants with right of survivorship. Any payment that we make on the account shall be entitled to full credit upon such payment without the necessity of determining whether any other person shall have an interest in the account, unless we have been served with process by a court of competent jurisdiction restricting payment on the account in accordance with the terms of such process. If the account is noted as an In Trust For account, you agree to perform all of your duties as trustee for the account as required by law. You may change the named beneficiary at any time. When the trustee makes a deposit and no other or further notice of the existence and terms of a legal and valid trust other than this description shall have been given in writing to us, in the event of the death of the trustee, the deposit or any part of the deposit, together with the interest, may be paid to the beneficiary for whom the deposit was thus stated to be made to the extent permitted by law.
- Representative Payee Accounts. If you open an account as a representative payee for someone who receives social security payments, or as a legal custodian, spouse payee, or other custodian for someone who receives Veterans Administration payments, you agree not to permit any deposits to the account other than the designated payments. We are not required to determine whether you deposit other funds or whether any withdrawals or transfers from the account are for the support of the person for whose benefit the funds are paid.
- Foreign Exchange Transactions. The exchange rate applied to transactions that occur in a different currency will be selected by the network that processes the transaction. The network will select from the range of rates available in wholesale currency markets or a rate mandated by the government that issues or controls the currency in that country on the date in which the transaction is processed. The date on which the transaction processes from which the exchange rate is applied may differ from the date you used your account. When the transaction is posted to your account, we will charge a foreign exchange rate adjustment fee on the transaction amount after conversion to U.S. dollars. The exchange rate we may use may include a spread, commission or other costs that we, our affiliates or vendors charge in providing for an exchange to you. The exchange rate may vary among customers depending on the type of transaction being conducted, the dollar amount, the currency involved, and the date and the time of the exchange. You should expect these rates will be less favorable than rates quoted on line or in publications.
- Escheatment/Abandonment. If your account is closed, we will return any balance, less any fees, claims, set-offs or other amounts which may be applied against your balance. Funds that cannot be returned or transferred may be considered abandoned under the jurisdiction in which you reside. Each state has its own laws that govern escheatment and when we are required to send a customer’s funds to that state.
- ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.
Agreement to Arbitrate
This section is referred to as the Arbitration Agreement. If you have a dispute with the Bank or any other Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute will be resolved through the arbitration process set forth in this section.
Arbitration
You agree that if you have a dispute or claim that has arisen or may arise between you and the Bank or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach), your Super Pay Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. Except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and the Bank are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Parties Subject to this Arbitration Agreement
This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Agreement or your Super Pay Account, then the claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party.
THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT support@super.com.
Exclusions
You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing will bear all costs and expenses incurred by the other in compelling arbitration.
Your Right to Opt Out
If you do not want this Arbitration Agreement to apply to your Super Pay Account, you may opt out by sending us written notice of your decision within 30 days of the opening of your Super Pay Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, Super Pay Account number, and your signature and must be and must be emailed to optout@super.com. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Super Pay Account. You agree that our business records will be final and conclusive evidence with respect to whether you canceled or opted out of this Arbitration Agreement in a timely and proper fashion.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by emailing customer support at support@super.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to the Bank or Indemnified Party should be sent to 18 Bartol Street, Unit #159, San Francisco, California, 94133 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with the Bank or Indemnified Party within 60 calendar days after the Notice is received, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank is entitled.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (AAA) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the Arbitration Fees) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, the Bank will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Bank will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Bank will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Arbitration Agreement will continue to apply.
Future Changes to this Arbitration Agreement
Notwithstanding any provision in this Agreement to the contrary, if the Bank makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you have a Super Pay Account, you may reject any such change by sending the Bank written notice within 30 days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the terms of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
FEE SCHEDULE
This Fee Schedule lists the fees that may be applicable to your Super Pay Account. You agree to pay all fees applicable to your Super Pay Account. We reserve the right to add or change fees at a later time, and we will notify you of any changes to our fees and this Fee Schedule, as required by applicable law. We may subtract these fees from your Deposit Account balance, even if the fee makes your balance negative.
FUNDS AVAILABILITY POLICY
DETERMINING THE AVAILABILITY OF YOUR DEPOSIT. Our policy is to delay the availability of funds from your deposits. The length of the delay varies based on the type of deposit as set forth below. During the delay, you may not withdraw the funds, and we will not pay transactions from your Deposit Account using these funds.
The length of the delay is counted in Business Days from the day we receive your deposit.
If you make a deposit before 1:00 PM ET on a Business Day, we will consider that day to be the day of your deposit. However, if you make a deposit after 1:00PM ET or on a day that is not a Business Day, we will consider the deposit made on the next Business Day.
Same Day Availability. Electronic direct deposits (e.g., ACH, person-to-person transfers, and other EFTs your Deposit Account supports) will be available on the day we receive your deposit.
Next Day Availability. Funds from the following deposits are available on the first Business Day after the day we receive your deposit:
- U.S. Treasury checks that are payable to you.
- The first $225.00 of check deposits.
- Cash deposits that are not made in person to an employee of MRV Banks.
Longer Delays May Apply. Funds you deposited by check may be delayed for longer than two Business Days under the following circumstances:
- We believe a check you deposited will not be paid;
- You deposited checks totaling more than $5,000 in any one day;
- You redeposited a check that has been returned unpaid;
- You have overdrawn your Deposit Account repeatedly in the last six months; or
- There is an emergency, such as failure of communications or our systems.
Special Rules for New Accounts. If you are a new customer, the following special rules will apply during the first 30 days your Deposit Account is open.
- Funds from electronic direct deposits to your Deposit Account will be available on the first Business Day after we receive the deposit.
- Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, and federal, state and local government checks] will be available on the first Business Day after the day of your deposit if the deposit meets certain conditions.
- The excess over $5,000 will be available no later than the ninth Business Day after the day of your deposit.
- Funds from all other check deposits will be available on the third Business Day after the day of your deposit.
Your Responsibility for Deposits. Even if we have made funds available to you and you have withdrawn the funds, you are still responsible for deposits that are returned to us unpaid and for any other problems involving your deposit.
ELECTRONIC FUND TRANSFER AGREEMENT
Electronic Fund Transfers: Your Rights and Responsibilities
This disclosure contains important information about your use of electronic fund transfer (EFT) services provided by the Bank in connection with your Super Pay Account. Whenever you accept or authorize EFTs to your Deposit Account, you agree to these terms and conditions, in addition to any other applicable limitations in this Agreement concerning deposits to and withdrawals from your Deposit Account. Please read this document carefully and retain it for future reference.
Business Days. Our Business Days are every day from 9 a.m. to 5 p.m. EST except Federal holidays on which banks in Missouri are legally authorized to be closed.
Types of Available EFTs
Online ACH Transfers
You may use the Super App and request ACH transfers between your Deposit Account and a Linked External Account.
Limits on the Type, Frequency or Amount of EFTs
Your Deposit Account may be subject to limitations on the amount or number of withdrawals that you may make from your Deposit Account, including EFTs. Please see Article IV of this Agreement and the Truth in Savings Disclosures. For security reasons, we may also, in our sole discretion, set limits on the dollar amounts of EFTs and on the number of EFTs that may be requested or initiated. To protect the security of the Bank or your Deposit Account, we may suspend your use of EFTs, as permitted by law.
Managing Your Super Pay Account Balance
You agree that the amount of any EFT debit transaction you authorize will not exceed the Available Balance in your Deposit Account used to make the transaction, or your Spending Limit. We do not have to allow any EFT that would create an overdraft in your Deposit Account. We may in our sole discretion choose to permit an EFT that would create an overdraft in your Deposit Account. If we are unable to complete an EFT or perform any other EFT service for any reason associated with your Deposit Account, the EFT or other service may not be completed and we will not notify you unless required by applicable law.
Your Rights and Responsibilities
The use of EFT services described in this Agreement creates certain rights and responsibilities regarding these services as described below.
Documentation of Your EFTs
Periodic Statements
All EFT transactions will be reported on your periodic statement. See Section II.A.8 of this Agreement for more information.
Direct Deposits
If you have arranged to have direct deposits made to your Deposit Account at least once every 60 days, the company making the deposit may tell you every time they send us the money. You may also call us at 1 (877) 376-2710 to find out whether or not the deposit has been made.
Confirmation
You may call us at 1 (877) 376-2710 or write to us at support@super.com to find out whether any EFT you request was successfully completed.
Preauthorized and Other Regular (Automatic) Debits
Right to Stop Payment and Procedure for Doing So
If you have told us in advance to make regular payments out of your Deposit Account, you can stop any of the payments. Here is how:
Call us at 1 (877) 376-2710 or write to us at Super Pay support@super.com, in time for us to receive your request three Business Days or more before the payment is scheduled to be made. If you contact us to stop a payment, please have the following information ready: your Super Pay Account number, the date the transfer is to be made, to whom the transfer is being made, and the amount of the scheduled transfer. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. Stop-payment orders may expire after six months from the date of your stop-payment request, and you may be required to renew it in order to ensure its continued effectiveness.
Liability for Failure to Stop Payment of Preauthorized Transfer
If you order us to stop a preauthorized automatic debit three Business Days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Notice of Varying Amounts
If you have authorized regular payments out of your Deposit Account, and these regular payments may vary in amount, we or the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Our Refusal to Pay a Preauthorized or Other Regular (Automatic) Debit
We reserve the right to refuse to pay a regular (automatic) debit, for example, if your Deposit Account has insufficient funds to cover such transfer or if we are unable to verify the ownership of or other information about the account to which the funds will be transferred. You may call us at 1 (877) 376-2710 or email us at support@super.com to request information about a refusal by us to pay a regular (automatic) debit.
Your Liability for Unauthorized Transfers
During your online Super Pay Account set-up, you will be invited to register your phone number and create Access Credentials to protect your Super Pay Account from unauthorized access. You are responsible for maintaining ownership of the mobile device associated with the phone number and security of your other Access Credentials.
Tell us AT ONCE if you believe that any Access Credentials or device you use to access your Super Pay Account has been lost or stolen, that an EFT has been made without your permission, or that someone has transferred or may transfer money from your Deposit Account without your authorization. You may tell us by calling us at 1 (877) 376-2710 or by writing to us as soon as possible at support@super.com (or such other address as we may provide to you from time to time). Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Deposit Account. If you tell us within two Business Days after you learn of the loss or theft of your Access Credentials or device, your liability will be limited to $50 if someone accesses your Deposit Account without your authorization.
If you DO NOT tell us within two Business Days after you learn of the loss or theft of your Access Credentials or device, and we can prove we could have stopped someone from using your Access Credentials or device without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you grant authority to make transfers to another person who exceeds the authority granted, you are fully liable for any transfers until you notify us that transfers by that person are no longer authorized.
In Case of Errors or Questions about your EFTs
Call us at 1 (877) 376-2710 or write us at support@super.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared.
(1) Tell us your name and your Super Pay Account number (if any).
(2) Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Deposit Account within 10 Business Days for the amount you think is in error, so that you will have use of the money during the time it takes
us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Deposit Account.
For errors involving new Super Pay Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Super Pay Accounts, we may take up to 20 days to credit your Deposit Account for the amount you think is in error.
We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Our Liability for Failure to Make a Transfer
If we do not complete a transfer to or from your Deposit Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your Deposit Account to make the transfer.
- If the transfer would go over the credit limit on your overdraft line of credit, if you have one.
- If an automated teller machine where you are making a transfer does not have enough cash. If a system or terminal you use to make a transfer was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
- There may be other exceptions stated in this Agreement.
Person to Person Money transmission
The liability protections provided in this paragraph do not apply to transactions involving person to person money transmission services or similar payment transmission services. Please be advised federal laws providing certain consumer protections with respect to fraudulent deposit account activities may not apply to transactions made using person to person money transmission services. As such, customers are advised to use caution when transmitting money using person to person money transmission services. You should only send money using such services to known and reliable recipients.
Charges for Transfers or the Right to Make Transfers
We may assess a fee for each EFT, or stop-payment order. Please see the applicable Fee Schedule to determine the applicable amount. The circumstances under which such charges will be assessed, as well as the amount of the charge, are included in the current Fee Schedule.
Confidentiality
We will disclose information to third parties about your Super Pay Account or the transfers you make:
(1) Where it is necessary for completing transfers;
(2) In order to verify the existence and condition of your Super Pay Account for a third party, such as a credit bureau or merchant;
(3) In order to comply with government agency or court orders;
(4) To persons authorized by law in the course of their official duties;
(5) To our employees, auditors, service providers, attorneys, or collection agents in the course of their duties;
(6) As disclosed in our Privacy Notice; and,
(7) If you give us your written permission.
Amendments
We may change any provision of this Electronic Fund Transfer Agreement at our sole discretion. If we do, we will give you notice if and to the extent required by applicable law.
Termination
We reserve the right to terminate your use of any or all of our EFT services for any reason and at any time without notifying you. You also have the right to terminate your use of the EFT services described in this Agreement at any time by calling us or writing to us. If you call, we may require you to put your request in writing and get it to us within 10 Business Days after you call. (Please note that e-mail, SMS/text or online notification will not meet the notice requirements of this section.) If you terminate your use of our EFT services and you have arranged for automatic (regular) transfers involving third parties, you are required to inform any third parties that the transfers will cease. Any termination of your use of our EFT services, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement that have arisen before the effective date of such termination.
Super.com Financial Products & Earnings Service Terms
Last Updated: January 7, 2025
IMPORTANT - PLEASE READ THESE TERMS
These Super.com Financial Products & Earnings Service Terms (“Service Terms”) are an agreement between Snapmoney, Inc. (DBA Super.com) ("Super.com," “Super.com Card,” “us,” “we,” “our'') and you (“you,” “your”). These Service Terms incorporate the Super.com Terms of Use (“Terms of Use”), and, together with the Terms of Use, govern your use of the secured credit card (the “Super.com Card”) offered by our bank partner, Republic Bank & Trust Company, or its successor (“Bank Partner”), the deposit account offered by our Bank Partner (the “Super.com Deposit Account”), and all financial products and earnings services that we or our partners may offer via the Super.com Financial Products and Earnings pages of the Super.com website (the “Site”) or the Super.com mobile app (the “Super.com App”). Collectively, these Services are referred to herein as the “Super.com Financial & Earnings Services''.
PLEASE READ: THE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THESE SERVICE TERMS AND THE TERMS OF USE CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, OR WHERE PROHIBITED BY APPLICABLE LAW, BY ENTERING INTO THESE SERVICE TERMS YOU EXPRESSLY AGREE THAT ANY DISPUTE BETWEEN YOU AND SUPER.COM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We may modify these Service Terms for any reason and at any time by posting a new version. Modifications to the Service Terms do not affect any rights or obligations that arose prior to the modifications, but your continued use of the Super.com Financial & Earnings Services following the posting of modified Service Terms will be deemed acceptance of such modified Service Terms. All use of the Super.com Financial & Earnings Services is subject to the Service Terms in effect at the time of your use. Please review these Service Terms periodically for changes. If you object to any provision of these Service Terms or any subsequent modifications to these Service Terms your only recourse is to immediately terminate use of the Super.com Financial & Earnings Services.
In addition to these Service Terms and the Terms of Use, some Super.com Financial & Earnings Services may be subject to our other terms, conditions, agreements, policies, guidelines, rules and schedules, available separately from these Service Terms on the Site or the Super.com App and will be available to you when a specific Super.com Financial Service is offered (“Additional Terms”). Such Additional Terms are incorporated into and form a part of these Service Terms. If there is a conflict between these Service Terms and the Terms of Use, these Service Terms will control. If there is a conflict between these Service Terms and the Additional Terms, the Additional Terms will control with respect to that specific Super.com Financial Service.
YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER AND A RESIDENT OF THE UNITED STATES TO USE THE SUPER.COM FINANCIAL & EARNINGS SERVICES. BY USING THE SUPER.COM FINANCIAL & EARNINGS SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE, MAY LEGALLY AGREE TO THESE SERVICE TERMS, AND ARE A RESIDENT OF THE UNITED STATES. SUPER.COM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY MISREPRESENTATION OF YOUR AGE OR RESIDENCE STATUS.
Super.com Card and Super.com Deposit Account
Among the Financial Products and Services available via our Site or the Super.com App are the Super.com Card and the Super.com Deposit Account. The Super.com Deposit Account and the Super.com Card are governed by and described in more detail in the following Additional Terms: the Super.com Deposit Account Agreement, the Super.com Secured Charge Card Agreement, the Super.com Card Digital Wallet Terms of Use, the Super.com Deposit Account and Secured Credit Card Consent to Electronic Communications, and the Republic Bank & Trust Company Privacy Notice. You understand that Bank Partner has sole discretion to approve or deny your application for a Super.com Deposit Account and Super.com Card for any reason, subject to applicable law.
The Super.com Secured Credit Card is offered by our Bank Partner, Republic Bank & Trust Company, or a subsequent Bank Partner. The Super.com Secured Credit Card consists of a deposit account and a secured Mastercard charge card. The Super.com Secured Credit Card and Super.com Deposit Account are described in more detail in the following Additional Terms: Super+ Membership Service Terms, Super.com Deposit Account Agreement, and Super.com Secured Charge Card Agreement. Bank Partner has sole discretion to approve or deny your application for a Super.com Deposit Account or a Super.com Secured Credit Card for any reason, subject to applicable law.
Super.com Earnings Services
Through the Super.com Earnings Services, we offer the ability to earn and save by playing games, performing tasks, and completing surveys. We may also offer additional ways to earn or save at any time at our sole discretion.
Amounts obtained through the Super.com Earnings Services may be subject to taxation. All taxes associated with the receipt of any earnings are solely your responsibility.
Certain Super.com Earnings Services contain links to third-party websites or online services that are operated and maintained by other persons and that are not under the control of or maintained by Super.com. By using the Super.com Earning Services, you agree to and acknowledge that you may be leaving the Site or the Super.com App and navigating to third-party websites. When you click on links to third-party websites or online services, we may not warn you that you have left Super.com. Such links to third-party websites do not constitute an endorsement by Super.com of those other websites or online services, the content displayed therein, or the persons associated therewith. Super.com does not assume any responsibility or liability for the actions, products, services, or content found in such other websites or online services. These Service Terms do not apply to such other websites and online services, and such websites and online services are not part of Super.com. We encourage you to review the privacy policies and terms of these other websites or services as your use of such other websites or online services is entirely at your own risk. You agree that Super.com is not liable for any loss or damage which may be incurred by way of your use of these other websites or services.
Where the Super.com Earnings Services are offered by third-parties, including our partners, use of such Super.com Earnings Services may be subject to additional terms and conditions or other agreements with those third-parties (the “Supplemental Service Terms”). Where Supplemental Service Terms apply, these Service Terms hereby incorporate such Supplemental Service Terms by reference. If there is a conflict between these Service Terms or the Additional Terms, and the Supplemental Service Terms, the applicable Supplemental Service Terms will control.
Information that you provide to Super.com in connection with the Super.com Earnings Services is subject to the Super.com Privacy Policy. Information that you provide to third parties when playing games, performing tasks, and completing surveys in connection with the Super.com Earnings Services is subject to the privacy policy of that third-party partner. Super.com is not responsible for the security or use by third parties, including our partners, of any information that you provide to such third parties in connection with the Super.com Earnings Services.
Redemptions to your Super.com Card
If you are a Super+ Member with a Super.com Secured Credit Card, any amounts earned through the Super.com Earnings Services will be added to your digital wallet as credits and can be redeemed to your Super.com Deposit Account. Once such credits are redeemed as funds on your Super.com Deposit Account, which may take up to 45 days, you may spend such amounts anywhere the Super.com Secured Credit Card is accepted. If not, any amounts earned as credits to your digital wallet through the Super.com Earnings Services may be used toward reservations for travel on the Site or the Super.com App. In certain circumstances, Super.com may also permit Promotional Credits added to your digital wallet to be redeemed for cash equivalents, such as gift cards.
Know Your Customer
Super.com will collect certain personally identifiable information to verify your identity before allowing you to participate in the Super.com Financial & Earnings Services. Please see the Super.com Privacy Policy for additional information.
Illegal Transactions and Internet Gambling
You must not use your Super.com Deposit Account to fund any account that is set up to facilitate internet gambling. We, Bank Partner, or any service provider may deny transactions or authorizations from merchants that are apparently engaged in or are identified as engaged in the internet gambling business.
Data-Backed Claims and Reliance
We acknowledge that data-backed claims are based on available information and sources that are deemed reliable. However, we do not guarantee the accuracy, completeness, or timeliness of such claims. You understand and agree that any decisions or actions taken based on data-backed claims provided by Super.com are at your own risk. Super.com shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising from the use of, or reliance upon, any data-backed claims, including, but not limited to, financial losses, business interruptions, or reputational harm. You are encouraged to independently verify any data-backed claims before making critical decisions. Super.com shall not be responsible for any adverse outcomes resulting from a Super.com user's reliance on data-backed claims made by Super.com.
Cancellation & Termination
You agree that if we terminate or discontinue your access to a User Account or the Super.com Financial & Earnings Services, you may lose all credits in your User Account and we will not be liable to you or any third party for any damages resulting from such termination.
1 (877) 376-2710
SnapMoney, Inc. DBA Super.com
18 Bartol Street, Unit #159
San Francisco, CA 94133
Email: finproductssupport@super.com
IF YOUR SUPER.COM USER ACCOUNT OR SUPER.COM APP LOGIN ID OR PASSWORD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling Super.com at the telephone number listed above or emailing Super.com at the address listed above.
Marketing
You agree that Super.com may market additional Super.com Services (as defined in the Terms of Use) to you for any and all purposes, as described in our Privacy Policy.
State Disclosures
California Residents: A married applicant may apply for a separate Account. After credit approval, each applicant shall have the right to use the Account up to the limit of the Account.
California and Utah Residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a Consumer Reporting Agency if you fail to fulfill the terms of your credit obligations.
Delaware Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month.
Massachusetts Residents: Massachusetts General Law prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, sex, gender identity, sexual orientation, marital status, children, national origin, genetic information, ancestry, age, handicap, or because all or part of the applicant’s income derives from any public assistance program. The State Agency that administers compliance with the State Law concerning this is: The Massachusetts Commission Against Discrimination, One Ashburton Place, Room 601, Boston, MA 02108-1599 (617) 727-3990.
New Jersey Residents. IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
New York and Vermont Residents: We may obtain your credit reports for any legitimate purpose associated with the account or the application or request for an account, including but not limited to reviewing, modifying, renewing and collecting on your account. On your request, we will inform you of the names and addresses of any consumer reporting agencies that have furnished the reports. New York residents may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. New York State Department of Financial Services: 1-800- 342-3736 or http://www.dfs.ny.gov.
Ohio Residents: Ohio anti-discrimination laws require creditors to make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on individuals upon request. The Ohio Civil Rights Commission administers compliance with these laws.
Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the minimum payment due, up to your entire outstanding balance, at any time.
Washington State Residents: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from (i) a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven, provided you have notified us of the merchant's delay in posting such credit, or (ii) our failure to post such credit to your account within three (3) working days of our receipt of the credit from the merchant.
Wisconsin Residents: No provision of any marital property agreement, unilateral statement, or court order applying to marital property will adversely affect a creditor’s interests unless, prior to the time credit is granted, the creditor is furnished with a copy of the agreement, statement or court order, or has actual knowledge of the provision. If the credit card for which you are applying is granted, you will notify us if you have a spouse who needs to receive notification that credit has been extended to you.
Military Lending Act: The Military Lending Act provides protections to Covered Borrowers, as follows:
- Military Lending Act Notice: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Services and such member’s dependents may not exceed an Annual Percentage Rate (“APR”) of thirty-six percent (36%). This rate must include, as applicable to the credit transaction or account: (i) the costs associated with credit insurance premiums; (ii) fees for ancillary products sold in connection with the credit transaction; (iii) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (iv) any participation fee charged (other than certain participation fees for a credit card account).
- Oral Disclosures: In order to hear these important disclosures related to the Military Lending Act, you may call 1-866-602-3983.
- Applicability of Binding Arbitration: The Binding Arbitration section of this Agreement does not apply to Covered Borrowers.
If you would like more information about whether you are a Covered Borrower, you may contact us at 1-866-602-3983.
Contact us
You may contact us by email at finproductssupport@super.com or by mail at SnapMoney, Inc. (DBA Super.com), 18 Bartol Street, Unit #159, San Francisco, CA 94133.
All users who use the Site or the Super.com App or who have signed up for any Financial & Earnings Services or have an activated Super.com Card are now subject to these Service Terms. These Service Terms incorporate the Super.com Terms of Use, all agreements listed under the Super.com Financial & Earnings Services heading, as well as all other applicable terms, conditions, limitations, and requirements on the Site or the Super.com App, all of which (as changed over time) are incorporated into these Service Terms and, together, govern your use of all financial products and earnings services we or our partners may offer.
Super.com Card and Deposit Account Need to Know
WHAT YOU NEED TO KNOW ABOUT THE SUPER.COM SECURED CHARGE CARD AND THE SUPER.COM DEPOSIT ACCOUNT
THIS IS A SUMMARY OF CERTAIN KEY TERMS AND CONDITIONS OF THE SUPER.COM CHARGE CARD (“CARD”) AND THE SUPER.COM DEPOSIT ACCOUNT (“DEPOSIT ACCOUNT”) OFFERED BY REPUBLIC BANK & TRUST COMPANY (“REPUBLIC BANK”). YOU CAN GET THE COMPLETE TERMS AT SUPER.COM/LEGAL AND ADDITIONAL INFORMATION AT SUPER.COM/SUPPORT.
How it Works:
- The Super.com Card is a secured charge card available to you if you are a Super+ Member and you have a Super.com Deposit Account. Because the Card is a charge card, you are required to pay off your Card Balance each month.
- Your Card credit limit is $5,000 and your card is secured by your Deposit Account. The amount available for your use (“Available Credit”) depends on how much money you have available in your Deposit Account. You must first add funds to your Deposit Account to make a purchase with your Card
- When you use your Card for purchases or an ATM Cash Advance, the amount of that transaction will reduce your Available Balance and Available Credit. Although funds in your Deposit Account are used to repay your outstanding Card balance, Card transactions are credit transactions and do not debit your Deposit Account.
- The Deposit Account can be funded with direct deposits, ACH transfers from an external bank account, transfers from an external debit card, Person-to-Person Transfers from other Super.com users, or Super+ Membership earnings. Funds in your Deposit Account are held at Republic Bank and are FDIC insured.
- You can withdraw available funds from your Deposit Account by ACH transfer to an external bank account or Person-to-Person Transfer to other Super.com users. You may use the Bank Account and Routing information for your Deposit Account to have external merchants debit the account for bill payments. ACH withdrawals are subject to the limits and fees in the “What it Costs” section below.
- You can use your virtual or physical (if you request one) Card to make purchases everywhere Mastercard is accepted, earn cash back rewards, and take cash advances via an ATM. When making purchases with the Card, Super+ Members receive 10% cashback on all hotel bookings made through Super.com and 1% cashback on everything else.
- When you access your Card or Deposit Account on the Super.com App or website, you can find your balance information and your Bank Account and Routing numbers, access FAQs, view your credit score, access your monthly statement, and update your account information.
- You have the option to have Republic Bank report your Card activity, including payments, to the major credit bureaus (Experian, TransUnion, and Equifax). This may help build your credit; however, once you opt in to credit reporting, you cannot opt-out.
- Information about your Card and Deposit Accounts will be provided to you electronically. It is important for you to keep your contact information, including your email address, current.
What it Costs:
Super.com Card
- The Super.com Card has no monthly or annual account maintenance fees, no interest charges, no statement fees, and no late fees. You are, however, required to be a Super+ Member to be eligible for the Card, which costs $15.00/month.
- If you obtain an ATM Cash Advance using an ATM outside of the MoneyPass network, you will incur a $2.50 fee from Republic Bank, as well as any fees that the ATM operator may impose. There are no ATM Cash Advance fees if you use a MoneyPass ATM.
- Expedited delivery of a replacement Card costs $25.
- Any currency exchange fees are determined by Mastercard.
Super.com Deposit Account
- The Super.com Deposit Account has no statement fees, overdraft fees, insufficient funds fees, or stop payment fees.
- You can initiate one (1) free ACH withdrawal from your Deposit Account per calendar month. Any ACH withdrawal thereafter in the same month will incur a fee of 1.5%, with a maximum fee of $5 assessed per withdrawal. ACH withdrawals are limited to only funds that have been deposited to your Deposit Account from direct deposit, ACH transfer, or external debit card.
- A $5.00 Check Fee will be assessed if you request a check when you close your Deposit Account.
Payments:
- The Card is a charge card, meaning the balance must be paid in full each month. A Statement will be made available to you online monthly with information about your balance and the Payment Due. This information is also available on the Super.com website or the Super.com App.
- You must make Card payments from your Deposit Account. You can set up automatic recurring payments (AutoPay) or make one-time manual payments.
- With Autopay, you authorize Republic Bank to debit the Payment Due on the Auto Payment Date shown in your Statement from your Deposit Account. The Auto Payment Date will be 10 days before your Payment Due Date. If you have elected for us to report your Card information to the credit bureaus, by debiting your Payment Due before your Payment Due Date, we will report a lower credit utilization to the credit bureau.
- If you do not enable Autopay, you will need to manually log into your Deposit Account to pay your Payment Due on or before the Payment Due Date shown in your Statement. If you do not make your Payment Due by the Payment Due Date, Republic Bank will exercise its security interest and use the funds we have secured in your Deposit Account to satisfy your Payment Due.
Republic Bank Privacy Notice
Super.com Deposit Account Agreement
Last Edited January 28, 2025
- INTRODUCTION. Thank you for opening a Super.com Deposit Account (defined below) with Republic Bank & Trust Company, Member FDIC, serviced by Snapmoney, Inc., a Delaware corporation doing business as Super.com (“Super.com”). Please read this entire agreement carefully so you understand your rights and obligations for your Deposit Account and deposit relationship with us. In this Super.com Deposit Account Agreement, “Republic,” “Republic Bank,” and “Bank,” refer to Republic Bank & Trust Company, and “we,” “us” and “our” all refer to Republic and its representatives, affiliates and agents. “You” and “your” refer to each and every owner of the Deposit Account(s) you have with us and each and every other person with authority to withdraw funds from the Deposit Account(s) or otherwise operate the Deposit Account(s), both jointly and severally, including any password, account number, or other credentials you use to access the Deposit Account (“Access Device”). For clarity, Super.com is not a Bank but may provide administrative services for the Deposit Account, acting as an agent for Republic Bank.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW IN SECTION XII. - BINDING CONTRACT. This Super.com Deposit Account Agreement, including the Fee Schedule and other Deposit Account opening documents for your Deposit Account, are part of the binding contract between you and us (collectively, the “Deposit Agreement”) for your Deposit Account. They contain the terms of our agreement with you. Please read all of these documents carefully. The Deposit Agreement also summarizes certain laws and regulations that apply to common transactions, provides some disclosures for deposit accounts required by applicable law, and establishes terms that cover some transactions or situations that the law either does not cover or allows us to change by this contract. In order to obtain and maintain a Deposit Account, you must also agree to and comply with the Terms of Use and Service Terms required by Super.com and its affiliates. When you complete our Deposit Account opening process, you acknowledge that you have reviewed and understand the terms of the Deposit Agreement and you agree to be governed by these terms. You understand that the Deposit Agreement, as it may be updated or supplemented from time to time, governs your Deposit Account and your deposit relationship with us. We give our Deposit Agreement to you when we open your Deposit Account, along with the other terms of the Agreement. You may obtain additional copies of the Deposit Agreement at the Super.com website (the “Site”) at Super.com/legal or in the Super.com mobile application (the “Super.com App”). Our deposit relationship with you is that of creditor. The Deposit Agreement and the deposit relationship do not create a fiduciary, quasi-fiduciary, or special relationship between us regardless of how you title your Deposit Account, or whether you act in a fiduciary or similar capacity with respect to funds deposited with us. We owe you only a duty of ordinary care. Our internal policies and procedures are solely for our own purposes and do not impose on us a higher standard of care than otherwise would apply by law without such policies or procedures.
- DEFINITIONS. Certain words in the Deposit Agreement and other disclosures have specific meanings as they are used throughout the documents. Capitalized terms defined in this section have the meanings set forth below, and additional defined terms relevant to a particular section are included therein.
- Access Device: A password, device, code, or other means of access to your Deposit Account, or any combination thereof, that may be used to initiate electronic fund transfers.
- Deposit Account or Super.com Deposit Account: The digital demand deposit account you have with us, which is made available by us and serviced by Super.com, and which is held or maintained for personal, family, or household purposes.
- Deposit Account Balance: The ledger balance of your Deposit Account considering the full amount of any transactions that have been posted by the Bank. Notably, your Deposit Account Balance may include funds that are on Hold and therefore not available to you.
- Deposit Account Number: The ten (10) digit number used to identify your Super.com Deposit Account.
- ACH: The Automated Clearing House network administered by the National Automated Clearing House Association (Nacha). Common examples of ACH transfers include a direct deposit of payroll, or a one-time or recurring payment to a utility company.
- ATM: Automated Teller Machine, which is an electronic device owned and operated by or on behalf of a bank or bank network that allows for the ability to make cash withdrawals and deposits.
- Available Balance: The most up-to-date record of the amount of money immediately available for your use or withdrawal, as described in more detail below. The Available Balance in your Super.com Deposit Account, at any given time, is generally equal to the amount deposited into your Super.com Deposit Account and made available to you under our Funds Availability Policy, less your Card Balance. You can access your Available Balance on the Super.com App or the Site.
- Business Day: Our Business Days are Monday through Friday, excluding federal holidays.
- Card Account or Super.com Card: The Super.com branded charge card issued to you by us, and serviced by Super.com, which accesses the line of credit issued by us, and is secured by your Deposit Account. The Super.com Card is used to obtain credit and is not a debit card that may be used to make withdrawals from your Deposit Account.
- Card Balance: The total amount of outstanding unpaid credit we have extended to you on your Super.com Card. Your most up-to-date Card Balance is available on the Super App and Site. Please see your Super.com Secured Charge Card Agreement governing your Super.com Card for more information.
- Hold: Any amount of money in or associated with your Deposit Account that is unavailable to you. A Hold may be placed for more than your Available Balance. Examples of reasons a Hold may be placed on funds include, without limitation, when we place a Hold on an amount of any Item which you have deposited into your Super.com Deposit Account (see SECTION VIII. FUNDS AVAILABILITY POLICY), or a Hold on an amount specified in a court order received by us. Funds that are on Hold will not be used to pay Items presented to the Bank.
- Item: An Item is an order, instruction, or authorization to withdraw or pay funds or money from an Deposit Account each time it is presented to the Bank. Examples include a draft and an electronic transaction (including ACH transfers). Such an Item may be presented to the Bank multiple times (for example, by a merchant). Each presentment or attempted presentment is considered a separate Item. An Item also includes a purported order, instruction, or authorization to withdraw or pay funds or money from a Deposit Account, unless otherwise prohibited by law or regulation.
- Linked Debit Card: A debit card held by you and that you are authorized to use that was issued by an external U.S. depository institution and that has been registered as linked on the Super.com App or Site.
- Linked External Account: A personal deposit account you own and are authorized to use that is held at another U.S. depository institution and that has been registered as linked on the Super.com App or Site.
- User Account: The account of a Super.com user which may reflect earnings, credits, or other rewards held in your Super.com Wallet.
- FEE SCHEDULE
This Fee Schedule lists the fees that are applicable to your Super.com Deposit Account. You agree to pay all fees applicable to your Super.com Deposit Account. We reserve the right to add or change fees at a later time, and we will notify you of any changes to our fees and this Fee Schedule, as required by applicable law. We may subtract these fees from your Deposit Account Balance, even if the fee makes your Deposit Account Balance negative.
- GENERAL DEPOSIT ACCOUNT AGREEMENT. The Deposit Account Agreement establishes the terms and conditions governing your Super.com Deposit Account and the fees associated therewith.
Limited Digital Deposit Account Access. Your Deposit Account is only accessible through the Super.com App or the Site. You cannot use your Super.com Card to debit funds from your Deposit Account. Please see your Super.com Secured Charge Card Agreement governing your Super.com Card for more information. You will not be able to make deposits to your Super.com Deposit Account at branch locations, by telephone, at the point of sale, or at ATMs.
Processing Order. The Processing Order set forth in this section dictates the order in which we will process your transactions on your Super.com Deposit Account each Business Day. When we receive deposits and Items, and make them available to you, depends on the nature of the deposit or Item and a number of other factors, as further described in SECTION VII. FUNDS AVAILABILITY POLICY. Generally, all transactions are processed in the order in which they are received by us. When Items are presented at the same time (for example, ACH transactions), credits will be applied first, then debit transactions in the order of lowest to highest dollar amount. The processing order of these items is important because if there is not enough money available in your Deposit Account to secure the Items in the order they are processed we may decline the transaction.
Deposit Rules: You may only make deposits to your Super.com Deposit Account by initiating permitted transactions on the Super.com App or the Site or as otherwise expressly permitted by this Agreement. Permitted deposit transactions on your Deposit Account include direct deposits, ACH transfers from a Linked External Account, transfers from a Linked Debit Card, Super+ Membership earnings, and person-to-person transfers described below. Please see SECTION VIII. FUNDS AVAILABILITY POLICY for information about when deposited funds will be available for withdrawal.
Permitted Deposits. Deposits to your Super.com Deposit Account may be made using one of the following methods:
- Linked Debit Card. You may use the Super.com App or the Site to link and authorize us to charge a debit card issued by an external U.S. bank and deposit the funds in your Deposit Account. You are responsible for any fees charged by the issuing bank for using your debit card.
- Linked External Account. You may authorize us to initiate ACH transfers from Linked External Account to your Super.com Deposit Account. Use the Super.com App or the Site to set up, review, change or cancel your scheduled transfers.
- Person-to-Person Transfer with Super.com Users. You can receive transfers to your Super.com Deposit Account initiated by another Super.com user with an Deposit Account, using the person-to-person transfer services (“P2P Transfer”) provided in the Super.com App or the Site pursuant to the terms of this Deposit Agreement and the Super.com Terms of Use.
- Direct Deposit. You can direct a third party, such as an employer, to electronically deposit your paycheck, retirement benefits, or other income to your Super.com Deposit Account by ACH. Direct deposits may not be initiated in the Super.com App or the Site.
- Super+ Membership earnings. You can redeem earnings from games, tasks, and surveys accrued through your Super+ Membership to your Super.com Deposit Account, subject to the Super.com Financial Products & Earnings Service Terms.
- Other. We permit you to make deposits by other means we make available from time to time.
FDIC Insurance. Funds in your Super.com Deposit Account are insured by the Federal Deposit Insurance Corporation (FDIC) through Republic Bank and backed by the full faith and credit of the United States, up to the applicable limit. The amount of insurance coverage you have may depend on the balance in your Deposit Account and the ownership, type of, and balances held in any other accounts you have with us. For additional information, please visit the FDIC’s website at www.fdic.gov. You agree and acknowledge that your deposit may be aggregated with other deposits in one or more accounts of our choosing.
Deposit Requirements. Deposits must be made in U.S. Dollars. Deposits made by ACH are subject to the Nacha Operating Rules and Operating Guideline and the rules of any regional clearing houses we may use from time to time (collectively, the “ACH Rules”). Before final settlement of any deposit, we act only as your agent. We will give only provisional credit until collection is final for any items we accept for deposit (including items drawn “on us”). You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond an applicable deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect or that we select in our sole discretion on final collection in U.S. dollars. We will treat and record all transactions received after the Cutoff Time (defined below) on a Business Day we are open or received on a day we are not open for business, as if initiated on the next Business Day that we are open. At our option, we may take an item for collection rather than for deposit.
Early Access to Direct Deposits. At our sole discretion, we may make funds available for certain direct deposits (for example, payroll payments) as soon as the payor notifies us that the payment has been initiated. This means we can make your money available to you up to two (2) days before we receive the funds from the payor and would otherwise make them available to you. Even after we have made funds available to you and you have withdrawn the funds, you remain responsible if any deposit to your Deposit Account is returned, rejected or otherwise uncollected. We cannot guarantee you early access to any direct deposit. Early access to a direct deposit does not guarantee early access to any subsequent direct deposit. Availability of this benefit may change between your pay periods. Eligibility of each direct deposit for early access is established by us in sole discretion and we reserve the right to refuse to provide early access to any direct deposit for any reason. For example, eligibility may be dependent on our fraud and risk criteria, the timing of your payor’s initiation of the payment, the time when we receive notice that your payor has initiated a payment, and other restrictions, such as transaction limits on your Super.com Deposit Account. These limitations may be based on our confidential fraud and security controls that are essential to our management of risk and the protection of your Super.com Deposit Account, and may be modified at our sole discretion without notice to you. Any direct deposit that is not made available early will otherwise be made available according to SECTION VIII. FUNDS AVAILABILITY POLICY.
Deposit Records and Receipts. We and our service providers may rely on the Deposit Account Number on any record of a deposit you make, even if that Deposit Account Number is associated with a name that is different from the name you have provided. It is not our responsibility to detect any inconsistency between the Deposit Account Number you provide and the name. You may use the Super.com App or the Site or call us to confirm that we have received a deposit. If you make a deposit, we may provide a confirmation of your deposit, but the amount on your deposit confirmation may not reflect the amount of funds we actually receive. We may confirm the funds you deposit and, after review, may adjust your Deposit Account for any errors including any errors on your deposit request or similar records. If we give you a confirmation for a deposit that you then cancel, the confirmation is void and you may not claim those funds.
Our Right to Refuse Deposits. We may refuse a deposit, or part of a deposit, at any time. We also may refuse a deposit after initially accepting it. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you have already made.
When You Can Withdraw Funds You Have Deposited. Please see SECTION VIII. FUNDS AVAILABILITY POLICY for information about when deposited funds will be available for withdrawal. If funds from a deposit become available, that does not mean the item deposited is “good,” has “cleared,” or has been paid by the paying bank. It is possible that the item will be returned unpaid months after we have made the funds available and you have withdrawn them.
Our Right to Charge Back Deposited or Cashed Items. If you make a deposit and (a) the sending bank returns it to us unpaid; (b) the sending bank demands that we repay them because the deposit was unauthorized; or (c) the sending bank or the originator of a transfer demands that we return the Item because it was unauthorized, sent to the wrong account number or procured by fraud, we may pay the return on demand, and subtract the funds from your balance in the Super.com Deposit Account. If we have reason to believe that any of the events in the previous sentence has occurred or may occur or that the Item should not have been paid or may not be paid for any other reason, we may place a hold on the funds or move them to a Bank-managed administrative account until we determine who is entitled to them.
All Deposits Are Credited Subject to Final Settlement in Cash or Credits. We have the right to forward all deposited Items to correspondents including all Federal Reserve Banks, and we will not be liable for default or neglect of any correspondents for loss in transit, and no correspondent will be liable except for its own negligence. You specifically authorize us or our correspondents including the Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse. If we permit you to withdraw funds from your Deposit Account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your Deposit Account or obtain a refund from you. In addition, we may charge back any deposited Item at any time before final settlement for whatever reason. We will not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited Items or for any damages resulting from any of those actions.
Withdrawal Rules. When you initiate a withdrawal of funds from your Super.com Deposit Account, you authorize us to make the transaction selected. Withdrawals may be made in U.S. dollars by using the Super.com App or the Site to authorize a transfer of funds to a Linked External Account, to make payments on your Super.com Card, to make a P2P transfer to another Super.com user, or to make a transfer to another type of account or payee we may permit from time to time. Only funds deposited to your Super.com Deposit Account from direct deposit, a Linked External Account, or Linked Debit Card can be transferred from your Super.com Deposit Account to a Linked External Account. Please see Section IX. ELECTRONIC FUND TRANSFERS for more information. We may subtract from your Deposit Account Balance the amount of any withdrawal, P2P Transfer, or other debit transaction that you or a person you authorized, initiated or approved. We may require you or any person you authorize to provide us with identification, documentation or information that is acceptable to us before allowing the transaction. You may not make or authorize any withdrawal in an amount that exceeds your Available Balance or any other limit we may impose on your Deposit Account from time to time. There are other limits on the amount, type, and frequency of transactions you may make on your Deposit Account. See Section X . LIMITS for details. We will disclose these limits and changes to these limits when required by applicable law. We may not disclose these limits, for example, if it is necessary to maintain the security of your Deposit Account or our systems. We may refuse any withdrawal or transfer request by any method on forms not approved by us, or that we do not specifically permit for your Super.com Deposit Account, or that does not include all information we require, or that is greater in number than the frequency permitted, or which is greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on your Super.com Deposit Account until your identity is verified. We reserve the right to establish (and change) maximum dollar limits for withdrawal transactions from time to time. Even if we honor a nonconforming request, we are not required to do so later.
Permitted Withdrawals: Withdrawals from your Super.com Deposit Account may be made using one of the following methods:
- Linked External Account. You may authorize us to initiate ACH transfers from your Super.com Deposit Account to a Linked External Account. Only funds deposited to your Super.com Deposit Account from direct deposit, a Linked External Account, or a Linked Debit Card are available for transfer to a Linked External Account. Use the Super.com App or the Site to set up, review, change or cancel your scheduled transfers.
- Payments to Super.com Card: You must make required payments to your Super.com Card using funds in your Super.com Deposit Account. Please refer to your Super.com Charge Card Agreement for details.
- Person-to-Person Transfer with Super.com Users. You can send ACH transfers to another Super.com user with an Deposit Account, using the person-to-person transfer services (“P2P Transfer”) provided in the Super.com App or the Site pursuant to the terms of the Agreement.
- Other. We permit you to make withdrawals by other means we make available from time to time.
Available Balance. You may withdraw or transfer all or any part of the Available Balance in your Deposit Account at any time, provided that the withdrawal will not cause you to exceed the limits specified in SECTION X . LIMITS or limitations you set on the Super.com Deposit Account by using the Super.com App or the Site. Your Available Balance reflects the funds in your Deposit Account that are immediately available for use. The Available Balance includes any pending transactions that credit your Deposit Account (excluding pending returns), such as ACH direct deposits, but does not include (a) pending charges on your Super.com Deposit Account such as, electronic payments, according to the Processing Order, (b) amount of deposits that are not yet available for withdrawal under SECTION VIII. FUNDS AVAILABILITY POLICY, (c) the outstanding unpaid balance on your Super.com Card, and (d) any Holds on your balance, such as Holds on funds to comply with court orders or other legal requirements. We reserve the right to use a different method in certain states if required by law.
The difference between one-time and recurring transactions. One-time transactions represent any single transaction, while recurring transactions represent pre-authorized scheduled payments you have authorized by providing your Deposit Account information (such as account and bank routing number) to a merchant for goods or services. We rely on the merchant to code transactions appropriately as recurring or non-recurring.
Cutoff Time. Online requests to transfer funds to or from your Deposit Account must be received by us by 2:30 PM Eastern Time on a Business Day to be initiated on that Business Day. Online transfer requests received by us after 2:30 PM Eastern Time or on a day that is not a Business Day generally will be initiated on the next Business Day.
Deposit Account Numbers on Fund Transfers. If you instruct us to send a fund transfer, such as an ACH transfer, we, our service providers, and every other bank involved in the transfer may rely on any bank routing number or Deposit Account number you provide. If the fund transfer instruction gives both a bank routing number or number and a name, and the name identifies a different person from the bank or account owner identified by number, we and other banks that handle the fund transfer may still rely exclusively on the number. We have no duty to detect any inconsistency between the bank routing number or Deposit Account number and the name.
Rules for ACH Transfers. You agree to be bound by automated clearing house association rules, such as the Nacha Rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made. If we receive a payment order to credit your Super.com Deposit Account, we are not required to give you any notice of the payment order or credit.
- PERSON TO PERSON TRANSFERS.
You may use your Super.com Deposit Account to make person-to-person transfers to other Super.com users.
Payment Authorization. When you authorize a P2P Transfer, you authorize us to debit your Deposit Account for the amount you request to send on or after the date of your authorization. We will send that amount to your designated recipient. By authorizing a P2P Transfer, you also authorize us to initiate any other transactions necessary to correct errors or reverse payments that are rejected or returned. You may not use an external bank account or any other payment method to fund a P2P Transfer. You are solely responsible for ensuring you have sufficient funds in your Deposit Account necessary to complete any payments initiated through the P2P Transfer service, and that the transaction will not cause you to exceed your balance or any other limits imposed on your Super.com Deposit Account. You agree to reimburse us for any fees, costs, or expenses we incur as a result of insufficient or unavailable funds in connection with any P2P Transfer you initiate.
Restrictions on P2P Transfers to Super.com Users Without a Super.com Deposit Account. We do not permit a P2P Transfer to a recipient who does not have a Super.com Deposit Account. To send a P2P Transfer, you must provide the recipient’s valid mobile telephone number, which is capable of receiving SMS or “text messages”.
Transaction Limits. You may not make any transaction that would cause you to exceed any transaction limits set forth in SECTION X . LIMITS. We may reject or reverse any transaction that would cause you or the recipient of the P2P Transfer to exceed your Available Balance, or other limits applicable to their Super.com Deposit Account or User Account, or if we determine in our sole discretion that the P2P Transfer was invalid for any reason. The P2P Transfer service may not be used to conduct business, commercial or merchant transactions. We reserve the right to change these transaction limitations at any time, in our sole discretion, with or without notice to you, unless required by law.
Stop Payment. P2P Transfer requests are likely to be processed as soon as we receive them, and therefore, we may be unable to stop P2P Transaction requests. It is your responsibility to confirm the details of your P2P Transfer request prior to providing authorization to us for the P2P Transfer. If you would like to make a P2P Stop Payment request, understanding that we may not be able to satisfy this request, please contact finproductssupport@super.com.
Refunds, Reversals and Chargebacks. P2P Transfers may be invalidated or reversed by us if, among other reasons, we send cash or credit to you or your recipient in error, the funding transaction is declined or reversed, the P2P Transfer was unauthorized or unfunded, or the P2P Transfer was made for activities or reasons that violate this Agreement, the Super.com Terms of Use or any other agreement you have with us. If a P2P Transfer is invalidated for any reason, you may be liable to us for the full amount of the P2P Transfer, and we may recover the amount of the P2P Transfer (plus applicable fees, if any) from you. We may recover the amount of the P2P Transfer from the sender or recipient of the P2P Transfer in our sole discretion (subject to applicable law). When recovering the amount of an invalidated P2P Transfer from you, we may apply any funds sent to you in a subsequent P2P Transfer, from your Super.com Deposit Account or any incoming deposit to your Deposit Account, engage in collection efforts to recover such amounts from you, place a limitation or restriction on your Super.com Deposit Account, or take any other action authorized by the Agreement, or any other agreement you have with us.
P2P Public Profile. You may create a profile that is viewable and searchable by others to make P2P Transfers. The profile may include a picture, personal information, and transaction information. You are responsible for the content that you upload or add to the profile. The content that you upload or add to the profile will be used, shared, and stored in accordance with the Super.com Privacy Policy.
P2P Requests. You may use the P2P Transfer service to request payments from your friends and family. When you do so, the Super.com App or the Site will automatically generate a draft text message on your smartphone’s texting feature, to send to the intended recipient. The text message will contain a unique link which the recipient can use to access a payments portal and make a payment to your Super.com Deposit Account, using an accepted payment method. The Super.com App or the Site does not automatically send the text message and requires the person making the request to send the auto-generated message, using the recipient’s valid mobile phone number. The message may be edited, but the unique link may not be changed. If the person who receives the request successfully makes a payment using the unique link, the amount of the payment received will be deposited as cash into your Deposit Account. The recipient of the message is not required to respond to the request for payment, may choose to send a different amount of money than the amount requested, or choose not to respond or send you any money. YOU MAY NEVER REQUEST A PAYMENT FROM ANYONE YOU DO NOT KNOW PERSONALLY OR MAKE ANY UNSOLICITED REQUESTS FOR MONEY. Your and your recipient’s mobile or data carrier may charge a fee to send and receive these text messages. We are not responsible for these fees. - ADDITIONAL TERMS
- A. Communications, Statements, Notices of Errors, and Other Notices
Delivery of Notices. You agree that we and our service providers may communicate with you by mail, telephone, email, fax, pre-recorded message, automated voice, text message or other means allowed by law regarding your Super.com Deposit Account. Any legal disclosures, notices and communications and other Super.com Deposit Account-related correspondence that we mail to you will be sent via U.S. Mail (“mail”) to the last mailing address shown in our records for your Super.com Deposit Account. Notices will be deemed to have been delivered on the day we mailed it to you, or made it available electronically. We are not responsible for items lost in, or not delivered by, mail or email. Some notices may only be available electronically or in paper form. Notice to any owner of your Super.com Deposit Account is notice to all owners.
Notices You Send Us. Any written notice you give us is effective after we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding an Item, you must give us sufficient information to be able to identify the Item, including the Item number, amount, date and payee.
Electronic Communication. Your Super.com Deposit Account is an electronic account. We may send communications electronically, such as by email or text message, rather than through U.S. mail or other means, unless the law says otherwise. If you give us your email address, you agree that we may send servicing messages (such as fraud alerts and Hold alerts) related to your Super.com Deposit Account to that address. If you revoke your consent to electronic communications, we will declare you to be in default of this Agreement, and close your Super.com Deposit Account.
Telephone Communication. We may record and/or monitor any of our telephone conversations with you. If we do record, we do not have to keep the recordings, unless the law says we must. When you give us your mobile number, we have your permission to contact you at that number about all of your Republic Bank and Super.com Deposit Accounts. Your consent allows us and our service providers to use text messaging, artificial or prerecorded voice messages, and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls. This communication may include contact from companies working on our behalf to service your Super.com Deposit Account. Message and data rates may apply. You may change these preferences by calling +1 (844) 461-2577 on Business Days between 8AM and 5PM Eastern Time or emailing finproductssupport@super.com.
Change in Contact Information. We require you to provide an email address, mobile telephone number, and physical street address if your mailing address is a P.O. box. You are responsible for promptly notifying us of any change to any such contact information or your name by calling us at +1 (844) 461-2577 or writing to us at finproductssupport@super.com. In some instances, we may request additional information for verification purposes. Any notice we send to you (either electronically or via mail) will be binding when sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the mail.
Communications Equipment and Services. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access and use your Super.com Deposit Account online; view, save and/or print your Super.com Deposit Account documents online; receive any messages or documents you have consented to receive electronically; and for paying all related charges. We are not required to act on any instruction or message from you provided by fax, SMS/text, or telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text or fax to be written notice.
- B. Closing and Restricting Your Super.com Deposit Account.
You May Close Your Super.com Deposit Account. You may request to close your Super.com Deposit Account at any time for any reason. However, we are not required to close your Super.com Deposit Account at your request if you have pending transactions, your Deposit Account is overdrawn, your Deposit Account Balance is securing an outstanding Super.com Card Balance, or your Deposit Account is subject to legal process (such as a garnishment, attachment, execution, levy or similar order) or fraud investigation. In that case, we will restrict your Super.com Deposit Account against all future withdrawals and other transactions, other than under legal process, until pending transactions are paid or returned, the balance on your Super.com Deposit Account is no longer negative, there is no outstanding Super.com Card Balance, all investigations have been successfully completed to our satisfaction with no adverse findings, and any legal restriction on your Super.com Deposit Account has been released.
We May Close Your Super.com Deposit Account. We may also close your Super.com Deposit Account at any time, for any reason or no reason, with or without prior notice to you. We will have no liability for any action we take under this section.
Rules for Closing Your Super.com Deposit Account. We may restrict your Super.com Deposit Account in preparation for closing. As we do so, we may limit deposits to your Deposit Account. We may prohibit further transactions on your Super.com Card. Items presented for payment may be dishonored. When you close your Super.com Deposit Account, you are responsible for leaving enough money in your Deposit Account to cover any outstanding Items to be paid from your Deposit Account. We may send you a written notice that we have closed your Super.com Deposit Account. Once pending Items are settled, Holds released, and any outstanding Super.com Card Balance secured by the Deposit Account is satisfied, we will return the Deposit Account Balance to you less any outstanding unpaid fees, claims, setoffs or other amounts you owe us, either electronically to a Linked External Account or by check sent to you by mail (a $5.00 check fee applies, see SECTION IV. FEE SCHEDULE). We may delay the closing of your Deposit Account and return of your funds if we are aware that any party has a security interest in your Deposit Account, until such party has been notified and had an opportunity to exercise such interest in your Deposit Account. After your Super.com Deposit Account is closed, we have no obligation to accept deposits or pay any outstanding transaction requests. This Agreement will survive the closing of your Super.com Deposit Account and you are still responsible for obligations incurred prior to or in connection with the closing of your Super.com Deposit Account.
Restricting Your Super.com Deposit Account; Blocking and Delaying Transactions. There are many reasons we may decline or prevent transactions to or from your Super.com Deposit Account, but we generally do it to protect you or us, or to comply with legal requirements. We may decline or prevent any or all transactions to or from your Super.com Deposit Account in our sole discretion, as permitted by applicable law. We may refuse, freeze, reverse or delay any specific withdrawal, payment or transfer of funds to or from your Account, or we may remove funds from your Deposit Account to hold them pending investigation, including in one or more of the following circumstances:
• You maintain your Super.com Deposit Account at zero balance for at least one hundred and eighty (180) days;
• Your Super.com Deposit Account has been inactive for at least ninety (90) days;
• You reside in or relocate outside of the U.S. or any U.S. territory where we offer the Super.com Deposit Account;
• You attempt to use your Super.com Deposit Account for business purposes;
• Your Super.com Deposit Account is involved in any legal or administrative proceeding;
• We receive conflicting information or instructions regarding Super.com Deposit Account ownership, control or activity;
• We suspect that you may be the victim of a fraud, scam or financial exploitation, even though you have authorized the transaction(s);
• We suspect that any transaction may involve illegal activity, including violations of anti-money laundering laws and regulations, or may be fraudulent;
• We are complying in our sole judgment with any federal, state or local law, rule or regulation, including federal asset control and sanction rules and anti-money laundering rules, or with our policies adopted to assure that we comply with those laws, rules or regulations; or
• We reasonably believe that doing so is necessary to avoid a loss or reduce risk to us.
Security. It is your responsibility to protect your Access Devices. Do not share this information with anyone. If you give another person permission to use this information, you may be held fully liable for any transactions they make with your Super.com Deposit Account, even if that person exceeded the authority you gave them. Please notify us immediately if you believe your Super.com Deposit Account has been accessed without your permission. See Section IX. ELECTRONIC FUND TRANSFERS and your Super.com Secured Charge Card Agreement for more information about your rights and responsibility in the event of unauthorized use of your Super.com Deposit Account.
Assignment of Agreement and Successors. You may not assign or transfer any interest in your Super.com Deposit Account unless we agree in writing. Any permitted assignment of your Super.com Deposit Account is subject to our setoff rights. This Agreement will be binding on your personal representative, executors, administrators and successors, and on our successors and assigns.
No Waiver. If we fail to exercise any right, that does not mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
Headings and Rules of Construction. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular.
Changes to this Agreement. We may change the terms and conditions of this Agreement, features of your Super.com Deposit Account, at any time. We will notify you in advance of any such change when required by applicable law. If we have notified you of a change to this Deposit Agreement and you continue to use your Super.com Deposit Account after the effective date of the change, you have agreed to the change. Notices will be made available on our Super.com App and the Site, or delivered electronically using the most recent contact information we have on file for you.
Legal Actions Affecting Your Super.com Deposit Account. If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your Super.com Deposit Account (“Legal Action”), we will comply with that Legal Action. Or, in our discretion, we may freeze the assets in your Deposit Account and not allow any payments out of your Deposit Account, or use of the Super.com Card for obligations secured by your Super.com Deposit Account, until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of your funds in your Deposit Account. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your Deposit Account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including attorneys' fees and our internal expenses) may be charged against your Super.com Deposit Account.
Illegal Activities. You agree not to use your Super.com Deposit Account or permit anyone else to use your Super.com Deposit Account for any illegal activity. We may refuse any gambling transaction, whether lawful or not. We may impose limits on the types of merchants, businesses and recipients with whom you may transact using your Deposit Account from time to time.
Inactive and Unclaimed Accounts. Each state has laws that govern when accounts are considered inactive or abandoned, and when we are required to send a customer’s funds to the state. We encourage you to maintain an active account by making transactions. After a specified period of time determined by the law of the state of your residence (as shown in our records), if we are not able to locate you, we will be required to deliver your Super.com Deposit Account to the state as abandoned property. You will then need to apply to the state for return of your funds. If your Super.com Deposit Account is or has been inactive, we may, in our discretion, refuse to honor requests for withdrawals or other transactions on your Super.com Deposit Account until after we have verified that you have authorized the request.
Rules Governing Your Super.com Deposit Account. Except as otherwise provided in SECTION XII. ARBITRATION AGREEMENT, the Super.com Terms of Use, this Deposit Agreement, your Super.com Deposit Account and all accounts and the services provided to you, any disputes relating to those accounts and services are governed by Federal Law and, when not superseded by Federal Law, the laws of the Commonwealth of Kentucky.Changes in these laws may change the terms and conditions of your Super.com Deposit Account. We will notify you of any changes as required by applicable law. Except as otherwise provided in SECTION XII. ARBITRATION AGREEMENT, if any provision of this Deposit Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. If this Deposit Agreement conflicts with any statements made by one of our employees or by a third-party service provider, this Deposit Agreement will govern.
Fees. You agree to pay all fees you owe us under this Deposit Agreement. You authorize us to debit your Super.com Deposit Account for the amount of all fees applicable to your Super.com Deposit Account when they are incurred. Additional fees apply to your use of the Super.Com Secured Credit Card and will be charged to your Super.com Card. Please see your Super.com Secured Charge Card Agreement for information.
Attorneys’ Fees Resulting from Collection or Dispute. You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Super.com Deposit Account. This includes you or a third party claiming an interest in your Super.com Deposit Account. This also includes any action that you or a third party takes regarding the Super.com Deposit Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Deposit Account Balance when they are incurred, without notice to you.
Limitation of Liability. You agree that we, our service providers, agents, officers, directors, and employees (and the same of our service providers, subsidiaries and affiliates themselves) (collectively, the “Indemnified Parties”) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party does not follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. To the extent you are entitled to relief under this Agreement, the total liability of the Indemnified Parties to you will not exceed $500, except as otherwise required by applicable law. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. This section will survive termination of your Super.com Deposit Account and termination of this Agreement.
Indemnification. You agree to indemnify and hold the Indemnified Parties harmless from and against losses arising in connection with the services provided under this Agreement, except for losses arising out of our own gross negligence or willful misconduct. You further agree to hold the Indemnified Parties harmless from losses arising out of actions taken or omitted in good faith by any Indemnified Party in reliance upon instructions from you. The Indemnified Parties are not responsible for any actions or omissions by any third party. If you give us instructions that we believe may expose us to potential liability, we may refuse to follow your instructions and we will not be liable to you if we refuse to follow your instructions. If we do choose to follow your instructions, we may ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us. This section will survive termination of your Super.com Deposit Account and termination of this Agreement.
Filing a Lawsuit or Arbitration. You must file any lawsuit or arbitration against the Indemnified Parties within two years after the cause of action arises, unless federal or state law or an applicable agreement provides for a shorter time. This limit is in addition to limits on notice as a condition to making a claim. If applicable state law does not permit contractual shortening of the time during which a lawsuit must be filed to a period as short as two years, you and we agree to the shortest permitted time under that state’s laws. We abide by applicable federal and state record retention laws and may dispose of any records that we retained or preserved for the period set forth in these laws. Any action against us or another Indemnified Party must be brought within the period that the law requires us to preserve records, unless applicable law or this Agreement provides a shorter limitation period or applicable law requires a longer limitation period. This section is subject to Section XII. ARBITRATION AGREEMENT, which may require you to submit your claims to arbitration. This section will survive termination of your Super.com Deposit Account and termination of this Agreement. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Location of Legal Proceedings. If you file any lawsuit or other legal proceeding against an Indemnified Party that is connected in any way to your Super.com Deposit Account or services, you agree to do so in an appropriate court in the Commonwealth of Kentucky. If we file any lawsuit or legal proceeding that is connected in any way to your Super.com Deposit Account or this Agreement, you consent to jurisdiction and venue in an appropriate court in the Commonwealth of Kentucky. If any party chooses to have disputes resolved by arbitration, Section XII. ARBITRATION governs the process and location of the arbitration proceedings.
Pre-Judgment Interest Rate. If either you or we are awarded a judgment against the other in connection with your Super.com Deposit Account, the rate of interest earned before judgment on the judgment amount will be the rate of interest your Deposit Account earned during that period unless state law requires a different rate.
Unlawful Internet Gambling Notice. Restricted transactions, as defined in Federal Reserve Regulation GG, are prohibited from being processed through this Super.com Deposit Account or relationship. Restricted transactions generally include those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
Severability. Any provision of this Agreement that limits the Bank’s liability does not negate the Bank’s duty (if any) under applicable law to act in good faith and with ordinary care. If any provision of this Agreement is determined to limit the Bank’s liability in a way prohibited by applicable law, or to be otherwise unenforceable, the parties agree to replace such provision with a provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable, and this Agreement will be enforceable as so modified.
Death or Incompetence. We may continue to honor your instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify transactions made on or before the date of death or adjudication of incompetence for up to ten (10) days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the Super.com Deposit Account.
Power of Attorney. A power of attorney is a document you sign authorizing someone else, called your agent, to act on your behalf. If you sign a power of attorney, the agent can sign on your behalf and do anything you could do regarding your Super.com Deposit Account, including withdrawing or spending all of the money in your Deposit Account. Do not sign a power of attorney unless you trust the agent to act in your best interest. If you choose to add an agent, you must provide a power of attorney form that we agree to accept. We may rely on a copy of an original power of attorney. We are not required to investigate the facts relating to any power of attorney provided to us on your behalf, including whether your signature on the power of attorney is authentic or whether the agent continues to have authority. We may follow or refuse to follow the agent’s instructions at any time, including if we suspect fraud or abuse on your Super.com Deposit Account, unless applicable law requires otherwise. We may also refuse an agent’s request to become a joint owner or a beneficiary of a Super.com Deposit Account, but we have no liability to anyone if we do so. We have no liability when we follow or refuse to follow any instructions from an agent, for example, if your agent misuses the authority you have given them.
Representative Payee Accounts. If you open an Deposit Account as a representative payee for someone who receives social security payments, or as a legal custodian, spouse payee, or other custodian for someone who receives Veterans Administration payments, you agree not to permit any deposits to the account other than the designated payments. We are not required to determine whether you deposit other funds or whether any withdrawals or transfers from the account are for the support of the person for whose benefit the funds are paid.
International and Foreign Exchange Transactions. We generally do not permit international transactions or transactions in foreign currency on your Super.com Deposit Account. All transactions will be processed in U.S. dollars. If we permit you to make an international transaction or transaction in foreign currency, any applicable exchange rate applied to transactions that occur in a different currency will be selected by us, our service provider, or by the network that processes the transaction. We, our service provider, or the network will select from the range of rates available in wholesale currency markets or a rate mandated by the government that issues or controls the currency in that country on the date in which the transaction is processed. The date on which the transaction processes from which the exchange rate is applied may differ from the date you used your Deposit Account. The exchange rate we may use may include a spread, commission or other costs that we, our affiliates or vendors charge in providing for an exchange to you. The exchange rate may vary among customers depending on the type of transaction being conducted, the dollar amount, the currency involved, and the date and the time of the exchange. You should expect these rates will be less favorable than rates quoted online or in publications.
Escheatment/Abandonment. If your Deposit Account is closed, we will return any balance, less any fees, claims, set-offs, or other amounts which may be applied against your balance. Funds that cannot be returned or transferred may be considered abandoned under the jurisdiction in which you reside. Each state has its own laws that govern escheatment and when we are required to send a customer’s funds to that state. - FUNDS AVAILABILITY POLICY
PURPOSE.
The information here describes our policy of holding deposited items in a Super.com Deposit Account before funds are made available to you for use and withdrawal.
DETERMINING THE AVAILABILITY OF YOUR DEPOSIT. There may be a delay in the availability of funds from your deposits. The length of the delay varies based on the type of deposit. During the delay, you may not withdraw the funds or use such funds to secure transactions made with your Super.com Card. We will not pay transactions from your Super.com Deposit Account using these funds. The length of the delay is counted in Business Days from the date of your deposit. The date of a deposit by an electronic payment (e.g., direct deposit, wire transfer, ACH credit) is the Business Day we receive full and final credit for your deposit, and information necessary to credit it to your Deposit Account. If you make a deposit before 2:30 PM Eastern Time on a Business Day, we will consider that day to be the day of your deposit. However, if you make a deposit after 2:30PM Eastern Time on a Business Day, or, on a day that is not a Business Day, we will consider the deposit made on the next Business Day. Funds are available in your Super.com Deposit Account as described below.
Same Day Availability. Funds from the following deposits will be available on the day we receive your deposit:
• P2P Transfers
• Transfers from Linked Debit Cards
• Direct deposits
Second Business Day. Unless otherwise provided by this Agreement, all other funds from deposits will be made on the second (2nd) Business Day after the day we receive your deposit. Funds from the following deposits are available on the second Business Day after the day we receive your deposit:
- Electronic Payments, such as ACH credit transactions from your Linked External Account (excludes ACH debit transactions)
Longer Delays May Apply. Funds you deposited may be delayed for longer than two (2) Business Days under the following circumstances:
• You have overdrawn your Deposit Account repeatedly in the last six (6) months;
• or There is an emergency, such as failure of communications or our systems.
• We have reason to doubt the collectability of your deposit
• Your deposit is made by an ACH debit from a Linked External Account.
Your Responsibility for Deposits. Even if we have made funds available to you and you have withdrawn the funds, you are still responsible for deposits that are returned to us unpaid and for any other problems involving your deposit - ELECTRONIC FUND TRANSFERS
Electronic Fund Transfers: Your Rights and Responsibilities
This disclosure contains important information about your use of electronic fund transfer (EFT) services provided by the Bank in connection with your Super.com Deposit Account. Whenever you accept or authorize EFTs to your Super.com Deposit Account, you agree to these terms and conditions, in addition to any other applicable limitations in this Deposit Agreement concerning deposits to and withdrawals from your Super.com Deposit Account. Please read this document carefully and retain it for future reference.
Types of Available EFTs
You may use the Super.com App or the Site to request ACH transfers between your Deposit Account and a Linked External Account, as well as transfers from a Linked Debit Card, P2P transfers among Super+ Members and transfers from your Super.com Earnings. Your Super.com Deposit Account also may accept Direct Deposit from your employer.
Limits on the Type, Frequency or Amount of EFTs
For security reasons, your Super.com Deposit Account is subject to limits on the number, amount, frequency, and type of deposits and withdrawals. To protect the security of your Super.com Deposit Account, others’ accounts, and our systems, we may or may not disclose some or any of these limits or any changes to these limits unless required by applicable law. We may change these limits from time to time at our sole discretion with or without notice. We will notify you of any limits or changes to the limits as required by applicable law. In our discretion, we may from time to time permit you to make transactions in excess of these limits, but permission to exceed a transaction limit on one or more occasion(s) does not grant or guarantee future right or permission to exceed the transaction limits.
Please see Sections IV, VIII, IX, X, and XII of this Deposit Agreement and the Fee Table. To protect the security of the Bank or your Super.com Deposit Account, we may suspend your use of EFTs, as permitted by law.
Managing Your Super.com Deposit Account Balance.
You agree that the amount of any EFT transaction you authorize to debit your Deposit Account will not exceed the Available Balance in your Deposit Account used to make the transaction, or any other limits imposed on your Super.com Deposit Account. We may in our sole discretion choose to permit an EFT that would create an overdraft in your Deposit Account. If we are unable to complete an EFT or perform any other EFT service for any reason associated with your Super.com Deposit Account, the EFT or other service may not be completed, and we will not notify you unless required by applicable law.
Your Rights and Responsibilities.
The use of EFT services described in this Deposit Agreement creates certain rights and responsibilities regarding these services as described below.
Periodic Statements .
You will get a monthly periodic Deposit Account statement. All EFT transactions will be reported on your periodic statement.
Preauthorized Credits.
If you have arranged to have direct deposits made to your Super.com Deposit Account at least once every sixty (60) days, the company making the deposit may tell you every time they send us the money. You may also call us at +1 (844) 461-2577 to find out whether or not the deposit has been made.
Confirmation . You may call us at +1 (844) 461-2577 or write to us at finproductssupport@super.com to find out whether any EFT you request was successfully completed.
Right to Stop Payment and Procedure for Doing So.
If you have authorized regular payments out of your Super.com Deposit Account, you can stop any of the payments. Here is how:
Call us at +1 (844) 461-2577 or write to us at Super.com finproductssupport@super.com, in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you contact us to stop a payment, please have the following information ready: your Super.com Deposit Account number, the date the transfer is to be made, to whom the transfer is being made, and the amount of the scheduled transfer. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call.
Liability for Failure to Stop Payment of a Preauthorized Transfer.
If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Notice of Varying Amounts.
If you have authorized regular payments out of your Super.com Deposit Account, and these regular payments may vary in amount, the person you are going to pay will tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Our Refusal to Pay a Preauthorized or Other Regular (Automatic) Debit. We reserve the right to refuse to pay a regular (automatic) debit, for example, if your Deposit Account has insufficient funds to cover such transfer or if we are unable to verify the ownership of or other information about the account to which the funds will be transferred. You may call us at +1 (844) 461-2577 or email us at finproductssupport@super.com to request information about a refusal by us to pay a regular (automatic) debit.
Your Liability for Unauthorized Transfers. During your online Super.com Deposit Account set-up, you will be invited to register your phone number and secure your Access Device to protect your Super.com Deposit Account from unauthorized access. You are responsible for maintaining ownership of the mobile device associated with the phone number and security of your other Access Devices. Tell us AT ONCE if you believe that any Access Device you use to access your Super.com Deposit Account has been lost or stolen, that an EFT has been made without your permission, or that someone has transferred or may transfer money from your Super.com Deposit Account without your permission. You may tell us by calling us at +1 (844) 461-2577 or by writing to us as soon as possible at finproductssupport@super.com (or such other address as we may provide to you from time to time). Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Deposit Account. If you tell us within two (2) Business Days after you learn of the loss or theft of your Access Device or device, your liability will be limited to fifty dollars ($50) if someone accesses your Deposit Account without your permission.
If you DO NOT tell us within two (2) Business Days after you learn of the loss or theft of your Access Device , and we can prove we could have stopped someone from using your Access Device or device without your permission if you had told us, you could lose as much as five hundred dollars ($500).
Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you grant authority to make transfers to another person who exceeds the authority granted, you are fully liable for any transfers until you notify us that transfers by that person are no longer authorized.
In Case of Errors or Questions about your Electronic Transfers. Call us at +1 (844) 461-2577 or write us at finproductssupport@super.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we send the FIRST statement on which the problem or error appeared.
(1) Tell us your name and your Super.com Deposit Account number (if any).
(2) Describe the error or transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
(3) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days.
We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Super.com Deposit Account within ten (10) Business Days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your Deposit Account.
For errors involving new Super.com Deposit Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Super.com Deposit Accounts, we may take up to twenty (20) days to credit your Deposit Account for the amount you think is in error.
We will tell you the results of our investigation within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
Our Liability for Failure to Make a Transfer. If we do not complete a transfer to or from your Super.com Deposit Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
• If, through no fault of ours, you do not have enough money in your Deposit Account to make the transfer.
• If the transfer would exceed the amount of your Available Balance.
• If a system or terminal you use to make a transfer was not working properly and you knew about the breakdown when you started the transfer.
• If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
• There may be other exceptions stated in this Agreement.
Person to Person Money transmission. The liability protections provided in this Section do not apply to transactions involving person to person money transmission services or similar payment transmission services. Please be advised federal laws providing certain consumer protections with respect to fraudulent deposit account activities may not apply to transactions made using person to person money transmission services. As such, customers are advised to use caution when transmitting money using person to person money transmission services. You should only send money using such services to known and reliable recipients.
Confidentiality. We will disclose information to third parties about your Super.com Deposit Account or the transfers you make:
(1) Where it is necessary for completing transfers;
(2) In order to verify the existence and condition of your Super.com Deposit Account for a third party, such as a credit bureau or merchant;
(3) In order to comply with government agency or court orders;
(4) To persons authorized by law in the course of their official duties;(5) To our employees, auditors, service providers, attorneys, or collection agents in the course of their duties;
(6) As disclosed in our Privacy Notice; and,
(7) If you give us your written permission.
Amendments. We may change any provision of this Electronic Fund Transfer Agreement at our sole discretion. If we do, we will give you notice if and to the extent required by applicable law.
Termination. We reserve the right to terminate your use of any or all of our EFT services for any reason and at any time without notifying you. You also have the right to terminate your use of the EFT services described in this Agreement at any time by calling us or writing to us. If you call, we may require you to put your request in writing and get it to us within ten (10) Business Days after you call. (Please note that email, SMS/text or online notification will not meet the notice requirements of this section.) If you terminate your use of our EFT services and you have arranged for automatic (regular) transfers involving third parties, you are required to inform any third parties that the transfers will cease. Any termination of your use of our EFT services, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement that have arisen before the effective date of such termination. - LIMITS
There are limits on the amount and type of transactions you can make from your Super.com Deposit Account. These can include per transaction, daily, weekly, and monthly limits, which may change from time to time. For more information regarding these limits, please call +1 (844) 461-2577.
Deposit Limits:There is no limit to the amount you may have in your Super.com Deposit Account at any time. However, there are daily, weekly, monthly deposit limits, which are subject to change at any time in our sole discretion:Monthly ACH Limit: $5,000 per calendar month Daily ACH Limit: $5,000 per day Weekly Debit Card Funding Limit: $3,000.00 per calendar week Daily Debit Card Funding Limit: $1,000.00 per dayMonthly Debit Card Funding Limit: $3,000.00 per calendar month
Withdrawal / Access Limit: You may not access funds in your Deposit Account in excess of $1,000 per month via ACH transfer to your Linked External Account. However, you may use up to $5,000 to authorize and secure purchases and obtain ATM cash advances using your Super.com Credit Card. See your Super.com Secured Charge Card Agreement for additional details.
Limitations on Use of Your Deposit Account for Electronic Fund Transfers (EFTs). When you want to use your Deposit Account to electronically transfer funds to a third party, to your external account, or by any other means we may make available to you from time to time, that third party or financial institution may be required to obtain authorization for transactions. As a security measure, we may limit the amount which may be withdrawn from your Deposit Account over certain periods of time. If a transaction is authorized, we reserve the right to place a Hold on your Deposit Account for the authorized amount.This means we may not authorize subsequent transactions and we may not pay other Items drawn on your Deposit Account even if the authorized transaction is not completed. We will have no liability to you if, as a result of one or more Holds placed on your Deposit Account when we authorize a transaction, we refuse to pay any Item drawn on your Deposit Account. We will also have no liability to you if we do not authorize your use of the Deposit Account for any reason.For additional information regarding the limits of the daily dollar amount or number of transactions, or to obtain your current daily limit on the dollar amount you can spend when conducting transactions, please refer to super.com/legal or call us at +1 (844) 461-2577. We reserve the right to terminate your Access Devices or other EFT services at our sole discretion for security or other reasons.
Duty to Cooperate
If you report any unauthorized transaction on your Deposit Account, you agree to cooperate with us in our investigation of your claim. This includes submitting, upon our request, a written statement containing whatever information we reasonably require concerning your Deposit Account, the transaction in question and the circumstances surrounding the claimed loss. Your failure or refusal to cooperate with us in our investigation may impede or limit the scope of the investigation, making it more difficult for us to determine that an unauthorized transaction occurred.
Right of Setoff/Security Interest
We may take or setoff funds in any or all of your accounts with us for direct, indirect and acquired obligations that you owe us, regardless of the source of funds in an Account. This provision does not apply to IRA or tax-qualified retirement accounts, to consumer credit card obligations (except to the extent the credit card issuer lawfully exercises a security interest in your account or its proceeds securing repayment of the credit card obligations ), or where otherwise prohibited by law. Your accounts include both accounts you own individually and accounts you own jointly with others. Our setoff rights are in addition to other rights we have under this Agreement to take or charge funds in your Deposit Account for obligations you owe us. If the law imposes conditions or limits on our ability to take or setoff funds in your accounts, to the extent that you may do so by contract, you waive those conditions and limits and you authorize us to apply funds in any or all of your accounts with us to obligations you owe us. Some government payments may be protected from attachment, levy or other legal process under federal or state law. If such protections apply, to the extent that you may do so by contract, you waive these protections and agree that we may take or setoff funds, including federal and state benefit payments, from your accounts to pay fees, and other obligations you owe us.We may use funds held in your joint accounts to repay obligations on which any account owner is liable, whether jointly with another or individually. We may use funds held in your individual accounts to repay your obligations to us, whether owed by you individually or jointly with another, including: obligations owed by you arising out of another joint account of which you are a joint owner, even if the obligations are not directly incurred by you; obligations on which you are secondarily liable; and any amounts for which we become liable to any governmental agency or department or any company as a result of recurring payments credited to any of your accounts after the death, legal incapacity or other termination of entitlement of the intended recipient of such funds. If you are a sole proprietor, we may charge any of your personal or business accounts.If we take or setoff funds from a time deposit account, we may charge an early withdrawal penalty on the funds withdrawn. We may take or setoff funds from your account before we pay Checks or other Items drawn on the account. We are not liable to you for dishonoring Items where our action results in your account not having enough money to pay Checks and other Items.If you owe a debt to us or any of our affiliates (either now or in the future), you grant us a security interest in all your accounts to secure the debt. Debts include any fees you owe, as well as amounts owed us by another person or entity if you have guaranteed that you will pay their debts. If the debt is due or overdue, we may use the funds in any of your accounts to pay all or part of the debt. If your account is a joint account, we may use the funds in the joint account to pay the debt of any a ccount owner. Our security interest will be governed by Uniform Commercial Code Article 9, whether Article 9 applies by its terms or not. We do not have to give you any prior notice to apply the funds. You expressly agree that our rights extend to any electronically deposited federal or state benefit payments (including Social Security benefits). If you don’t want your benefits applied in this way, you may change your direct deposit instructions at any time with the person or organization paying the benefits. If any federal benefits or other payments are deposited to your Deposit Account after you become ineligible to receive them, we may set off against any of your accounts to recover the payments if we’re obligated to return funds to the payor. This security interest is in addition to our right of setoff against your Account. This section does not limit or reduce our rights under applicable law to charge or setoff funds in your Account with us for direct, indirect and acquired obligations you owe us. - MISCELLANEOUS
Statements
You will be able to review your Deposit Account Statements through the Super.com App or the Site. You should review your transaction history regularly to protect your rights.
Modification of Terms
We reserve the right to modify the terms and conditions herein, at any time, at our sole discretion, subject to any prior notice requirements as may be required by law.
Termination
Your Deposit Account can be closed at any time for any reason by either you or Republic. We may require your Deposit Account to remain open until all outstanding Items clear your Deposit Account. We may close your Deposit Account if you notify us that your Access Device has been lost or stolen. If there is a balance when we or you close your Deposit Account, we will forward the funds to you at the address we have on record via check (for a fee of $5), or by other means we may make available from time to time at our sole discretion. Your Deposit Account is to be used only for personal, family, or household use, and is not designed or intended for business use. We may close your Deposit Account if we determine that it is being used for business purposes.You agree to pay us immediately for the amount of any transactions originated by the use of your Deposit Account or otherwise that we are unable to charge to your Deposit Account because it is closed. If you or we close our Deposit Account, you also agree to discontinue the use of your Card immediately and to return it to us.
Credit Bureau Reports
We reserve the right and you authorize and direct us to request and review a credit bureau report at any time in connection with our decision to open, expand, or maintain your Deposit Account or as part of our ongoing review or collection of your Deposit Account. Upon your request, we will tell you whether we obtained such a report and the name and address of any agency that provided it.
Customer Identification Program Notice. In order to help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, street address, date of birth, and government ID number, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents. Use of the Deposit Account is also subject to fraud prevention restrictions at any time, with or without notice. After your Deposit Account is opened, we may again ask to see a copy of your driver’s license or other identifying documents at any time if we deem it necessary to verify your identity, address, or transactions on your Deposit Account. These measures are specifically designed to help us protect your identity and identify possible fraud on your Deposit Account. If we ask for specific identifying documents, we will have the right to immediately close or suspend your Deposit Account if those specific documents are not provided.
Miscellaneous. This Deposit Account shall be construed in accordance with and governed by the laws of the Commonwealth of Kentucky, unless otherwise prohibited by law. The Agreement, rules and regulations governing your Deposit Account will continue to apply to any of your obligations to us and our responsibilities to you which are not covered by this Agreement. We may rely on your address appearing on your application for the Deposit Account, until we receive written notice in a change of address from you. If any provision of this Agreement and Disclosure Statement is declared to be invalid by any court of law or appropriate regulatory body, the remaining provisions of the Agreement shall not be affected thereby. The descriptive headings of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof.
- ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. IT WILL GOVERN ANY AND ALL CLAIMS AND DISPUTES ARISING IN CONNECTION WITH YOUR SUPER.COM DEPOSIT ACCOUNT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY SUCH CLAIM OR DISPUTE, NOW OR IN THE FUTURE. FOR EXAMPLE, WE CAN REQUIRE INDIVIDUAL ARBITRATION OF ANY LEGAL DISPUTE BETWEEN YOU AND US REGARDING THE SUPER.COM DEPOSIT ACCOUNT (EXCEPT A SMALL CLAIM YOU BRING INDIVIDUALLY OR ANY OTHER EXCLUSION SET FORTH BELOW) AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. HOWEVER, THIS ARBITRATION PROVISION WILL NOT APPLY TO ANY CLAIM THAT IS THE SUBJECT OF A CLASS ACTION FILED IN COURT THAT IS PENDING AS OF THE EFFECTIVE DATE OF THIS ARBITRATION AGREEMENT IN WHICH YOU ARE ALLEGED TO BE A MEMBER OF THE PUTATIVE CLASS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.
Agreement to Arbitrate
This section is referred to as the Arbitration Agreement. If you have a dispute with the Bank or any other Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute will be resolved through the arbitration process set forth in this section.
Arbitration You agree that if you have a dispute, claim, or controversy (collectively, “Claim”) that has arisen or may arise between you and the Bank or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach), your Super.com Deposit Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, including any transaction or attempted transaction no matter the method or means, and you are not able to resolve the Claim informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the Claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims, and third-party claims. Among other things, it includes Claims based upon contract, tort, consumer rights, fraud, constitutional law, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief).
Parties Subject to this Arbitration Agreement
This Arbitration Agreement applies whenever there is a Claim between you (including your heirs, successors, representatives and beneficiaries) and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a Claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Agreement or your Super.com Deposit Account (including any additional, updated, or substitute account for the same accountholder(s)), then the Claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT FINPRODUCTSSUPPORT@SUPER.COM.
Exclusions You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing will bear all costs and expenses incurred by the other in compelling arbitration. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. In addition, the following will not be the subject of this Arbitration Agreement: (a) the exercising of any self-help rights, including set-off; (b) any action in court by that is limited to preventing the other party from using a self-help remedy, so long as it is prosecuted individually, and does not involve a request for damages or monetary relief of any kind; or (c) any other claims where arbitration is prohibited by law. Further, nothing herein shall prevent either you or us from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary restraining order, a temporary protective order, an attachment or any other pre-judgment remedies.
Your Right to Opt Out If you do not want this Arbitration Agreement to apply to your Super.com Deposit Account, you may opt out by sending us written notice of your decision within 30 days of the opening of your Super.com Deposit Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, Deposit Account Number, and your signature and must be and must be emailed to optout@super.com. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Super.com Deposit Account. You agree that our business records will be final and conclusive evidence with respect to whether you canceled or opted out of this Arbitration Agreement in a timely and proper fashion.
Prohibition and Waiver of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. Prohibition and Waiver of Court and Jury TrialsFOR CLAIMS SUBJECT TO ARBITRATION, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US MAY BE MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
Pre-Arbitration Dispute Resolution
The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by emailing customer support at finproductssupport@super.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Bank or Indemnified Party should be sent to 18 Bartol Street, Unit #159, San Francisco, California, 94133 (“Notice Address”). The Notice must (a) describe the nature and basis of the Claim or dispute and (b) set forth the specific relief sought. If you do not resolve the Claim with the Bank or Indemnified Party within sixty (60) calendar days after the Notice is received at the Notice Address, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank or Indemnified Party is entitled.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances or by Zoom or video/telephonic conference. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for ten thousand dollars ($10,000) or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is seventy-five thousand dollars ($75,000) or less, at your request, the Bank or other Indemnified Party will pay all Arbitration Fees. If the value of relief sought is more than seventy-five thousand dollars ($75,000) and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Bank or other Indemnified Party will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Bank will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. You will be responsible for your own attorneys’ fees, except that the arbitrator shall be entitled to award attorneys’ fees and costs to the prevailing party in the arbitration if permitted by applicable law.
Governing Law
This Arbitration Agreement involves interstate commerce and shall be interpreted and enforced in accordance with the Federal Arbitration Act (the “FAA”) to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. Any Claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator may award any remedy provided by the substantive law that would apply if the action were pending in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief. The arbitrator shall follow the law and shall not be entitled to make errors of law. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.
Arbitration Result and Right of Appeal
Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed, provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law.
Rules of Interpretation.
This Arbitration Agreement shall survive the closing of the Super.com Deposit Account, any legal proceeding and any bankruptcy to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the other provisions of this Agreement, on the other hand, this Arbitration Agreement shall govern to the extent of the conflict or inconsistency.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to Claims for public injunctive relief. The remainder of this Arbitration Agreement will continue to apply.
Future Changes to this Arbitration Agreement
Notwithstanding any provision in this Agreement to the contrary, if the Bank makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you have a Super.com Deposit Account, you may reject any such change by sending the Bank written notice within thirty (30) days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the terms of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
Super.com Secured Charge Card Agreement
Last Edited January 30, 2025
FOR ALL CUSTOMERSPLEASE READ THIS SUPER.COM SECURED CHARGE CARD AGREEMENT (THIS “CHARGE CARD AGREEMENT”) CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION AGREEMENT, IT AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IMPORTANTLY, THE ARBITRATION AGREEMENT INCLUDES OPT OUT PROVISIONS. THE ARBITRATION AGREEMENT HEREIN DOES NOT APPLY IF YOU ARE A COVERED BORROWER (DEFINED BELOW) ENTITLED TO PROTECTIONS UNDER THE MILITARY LENDING ACT. PLEASE SEE THE MILITARY LENDING ACT DISCLOSURES SECTION BELOW FOR MORE INFORMATION.The Super.com Secured Charge Card (the “Super.com Card” or the “Card”) is a secured credit card, which means that it is a credit card that accesses a line of credit (“Card Account”), and is a charge card requiring you to repay the Payment Due in full each month. It is not a debit card, and does not access the money in your Super.com Deposit Account (defined below). All credit extended to you by Republic Bank & Trust Company (“Republic Bank”) in accordance with this Charge Card Agreement is secured by your Super.com Deposit Account. This means that if you do not repay the amount charged (the “Payment Due”) on your Super.com Card when your payments are due (the “Payment Due Date”) in accordance with this Charge Card Agreement, Republic Bank may exercise its security interest and withdraw the amount owed from the funds we have secured in your Super.com Deposit Account on your behalf. See the Security Agreement (below) for more information. If you fail to make the Payment Due by the Payment Due Date or another event of default occurs under this Charge Card Agreement, we may terminate your Super.com Card and Super.com Deposit Account, and we may exercise our security interest in your Super.com Deposit Account.
INTRODUCTION
This Super.com Secured Charge Card Agreement (this “Charge Card Agreement”) is between you and Republic Bank & Trust Company (“Bank,” or “Republic Bank” and, together with the Bank’s agents, successors, assignees and third-party service providers, “we”, “us,” and “our”). This Charge Card Agreement outlines the terms and conditions under which Republic Bank, in partnership with Snapmoney Inc., a Delaware corporation doing business as Super.com (“Super.com”) as the service provider to the Bank, has agreed to establish a secured credit card for you. This Charge Card Agreement applies to customers who have obtained a Super.com Secured Credit Card. Cardholders receive: (i) a digital demand deposit account (“Super.com Deposit Account”) with terms as outlined in the Super.com Deposit Account Agreement, and (ii) a Super.com Secured Credit Card (“Super.com Card” or “Card Account” as they may be referred to respectively) with terms outlined in this Charge Card Agreement, both issued by Republic Bank. Super.com is the third-party service provider for the Super.com Deposit Account and Super.com Card. Any request for a Super.com Card or Virtual Card is processed by Super.com, acting as agent for Republic Bank. The Terms of Use and related Service Terms for Super.com are incorporated herein by reference. The Super.com Terms of Use can be accessed here.By activating or using your Super.com Card, Card Account, or Virtual Card, you agree to be bound by the terms and conditions contained in this Charge Card Agreement, including the Fees listed in the Truth in Lending Disclosures below. All capitalized terms used but not defined in this Charge Card Agreement have the meanings set forth below. Unless it would be inconsistent to do so, words and phrases used in this Charge Card Agreement should be construed so that the singular includes the plural, and the plural includes the singular.
Definitions:
“ATM Cash Advance” means using your Super.com Card at an Automated Teller Machine (“ATM”) to obtain credit in the form of cash. An ATM Cash Advance is an extension of credit that must be repaid in accordance with this Charge Card Agreement.
“Available Balance” is generally the most up-to-date record of the amount of money immediately available for use or withdrawal in your Super.com Deposit Account that secures your obligations under this Charge Card Agreement. The Available Balance in your Super.Com Deposit Account, at any given time, is generally equal to the amount deposited into your Super.com Deposit Account less your Card Balance. Please see the Deposit Account Agreement governing your Super.com Deposit Account for more information on how we calculate your Available Balance. You can access your Available Balance on the Super.com App or the Site.
“Available Credit” is the amount of credit that is available for your use on your Super.com Card from time to time. It is equal to the lesser of (a) the Available Balance in your Super.com Deposit Account or (b) the Credit Limit minus the Card Balance.
“Business Day” means Monday through Friday excluding federal holidays.
“Card Account” means the line of credit issued by Republic Bank, which is accessed by using your Super.com Card or Virtual Card, and any related records we maintain reflecting the transactions made with your Super.com Card or Virtual Card.
“Card Balance” means the most up-to-date total amount of outstanding unpaid credit we have extended to you on your Super.com Card under this Charge Card Agreement. Your Card Balance is available on both the Super.com App and the Site.
“Card Number” is the sixteen (16) digit number embossed on your Super.com Card and associated with your Super.com Card.
“Covered Borrower” has the meaning set forth in the Military Lending Act 32 C.F.R. § 232.3(g).
“Credit Limit” is the maximum amount of credit we may extend, equal to $5,000. The total Balance owed on the Super.com Card may never be greater than the Credit Limit.
“Linked External Account” means a personal deposit account you own and are authorized to use that is held at another U.S. depository institution and that has been registered as linked on the Super.com App or Site.
“Payment Due” means the total outstanding balance due for your Super.com Card each month, as shown on your Statement.
“PIN” means the personal identification number that you may use to make transactions on your Card.
“Site” means Super.com website.
“Statement” means the summary of your Super.com Card or Virtual Card activity for a specified billing period.
“Super.com App” means the Super.com mobile application available for download to your mobile device.
“Virtual Card” means the access device issued to you by Republic Bank that you may elect to obtain to access your Card Account for telephone or online transactions, without needing to present your plastic Card. The Virtual Card and physical plastic Super.com Card are each a “Card” under this Agreement.
“We,” “us,” and “our” mean Republic Bank, our successors, affiliates, or assignees.
“You,” “your,” and “Cardholder,” refer to the person who submits an initial request for the Card, and agrees to be responsible for the Card and Card Account as provided for in this Charge Card Agreement. The Super.com Card is and will remain the property of Republic Bank and must be surrendered upon demand. The Super.com Card and Virtual Card are nontransferable and may be canceled, repossessed, or revoked by Republic Bank at any time without prior notice subject to applicable law. The Super.com Card and Virtual Card are not designed for business use, and Republic Bank may close your Card Account if we determine that it is being used for business purposes. Republic Bank may refuse to process any transaction that we believe may violate the terms of this Charge Card Agreement or applicable law. If you or we cancel your Card Account for any reason, we may also close your Super.com Deposit Account.
Please read this Charge Card Agreement carefully and keep it for future reference.
TRUTH IN LENDING DISCLOSURES
How We Will Calculate Your Balance. If we charge interest on your Card Balance, we will use the “average daily balance (including new purchases)” method to calculate the balance. To get the “average daily balance (including new purchases)” we take the beginning balance on the Card each day of the billing cycle, add any new purchases and any fees, and subtract any payments or credits. This gives us a daily balance. Then, we add up all the daily balances for each day in the billing cycle and divide the total by the number of days in the billing cycle. This gives us the “average daily balance (including new purchases).
”Billing Rights. Information on your rights to dispute transactions and how to exercise those rights is provided in this Charge Card Agreement below and on the back of your monthly Statement.
OPENING A SUPER.COM CARD (IDENTITY VERIFICATION); REGISTRATION AND ACTIVATIONTo obtain a Super.com Card, you will need to provide personal information in order for us to verify your identity (“Register”). You must open a Super.com Deposit Account, and grant us a security interest in the Super.com Deposit Account securing your obligations under this Charge Card Agreement, in order to obtain a Super.com Card. You must Register, sign, and activate the Super.com Card before it can be used. To be eligible to activate your Super.com Card Account, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) the personal information that you provide to us is true, correct, and complete; (c) you reside in the U.S. and have a U.S. mailing address; and (d) you have read this Charge Card Agreement and agree to be bound by, and comply with, its terms.
Customer Identification Program Notice. In order to help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, street address, date of birth, and government ID number, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.Card activation and identity verification are required before you can use the Card Account. Use of the Card Account is also subject to fraud prevention restrictions at any time, with or without notice. After your Super.com Card is opened, we may again ask to see a copy of your driver’s license or other identifying documents at any time if we deem it necessary to verify your identity, address, or transactions on your Card Account. These measures are specifically designed to help us protect your identity and identify possible fraud on your Card Account. If we ask for specific identifying documents, we will have the right to immediately close or suspend your Super.com Card if those specific documents are not provided.
ACTIVATION OF A PHYSICAL CARD: If you request a physical Super.com Card, you should sign the Super.com Card when you receive it. You must activate your physical Super.com Card before it can be used. We may require you to provide personal information in order to verify your identity before we will activate your Super.com Card. You must return the physical Super.com Card to us or destroy it if we ask you to do so.
THE FOLLOWING RULES APPLY TO THE USE OF YOUR SUPER.COM CARD: You must take reasonable steps to prevent the unauthorized use of your Super.com Card, and you must not use, or try to use, the Super.com Card for any illegal activity. We may decline to authorize a transaction for any reason. We are not responsible for any losses you incur (i) if we do not authorize a transaction for any reason, (ii) if anyone refuses to accept your Super.com Card for any reason, or (iii) when our services are unavailable for any reason beyond our control.
DEDUCTION OF FEESThe fees associated with your Super.com Card or Virtual Card are listed or described in the Truth in Lending Disclosures set forth above. All fee amounts will be charged to your Card Account, except where prohibited by applicable law, and will reduce your Available Credit. ELECTRONIC
COMMUNICATION Your Card Account is an electronic account. We may send communications electronically, such as by email or text message, rather than through U.S. mail or other means, unless the law says otherwise. When you give us your email address, you agree that we may send servicing messages (such as fraud alerts and Hold alerts) related to your Card Account to that address. If you revoke your consent to electronic communications, we will declare you to be in default of this Charge Card Agreement and close your Card Account and Super.com Deposit Account.
AUTHORIZED USERSYou are responsible for all authorized transactions initiated, and fees incurred, by use of your Super.com Card, Card Account, or Virtual Card. If you permit another person to have access to your Card, Virtual Card, Card Account, Card Number, or PIN, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons, even if they exceed their authority. CONTACT US IMMEDIATELY AT FINPRODUCTSSUPPORT@SUPER.COM IF YOU BELIEVE YOUR SUPER.COM CARD, VIRTUAL CARD, CARD ACCOUNT, CARD NUMBER OR PIN HAS BEEN LOST, STOLEN, OR ACCESSED OR USED BY ANY UNAUTHORIZED PERSON. You may ask us to lock any Card, and we may take other actions that we deem necessary or appropriate to protect the security of your Super.com Card, your Card Account or our systems. Locking your Super.com Card may not prevent all unauthorized transactions and will not prevent transactions that have already been initiated.
USING YOUR SUPER.COM CARD Using Your Card. You may use your Super.com Card to make purchases at points-of-sale. We may also permit you to obtain cash advances at an ATM, as described in this Charge Card Agreement. We may permit you to obtain a Virtual Card in the Super.com App, Site, or in a third-party digital wallet service and use the Virtual Card to make transactions from time to time. Your use of a Virtual Card is subject to additional terms and conditions of the Super.com Card Digital Wallet Terms of Use, which you must accept when you obtain access to the Virtual Card. These additional terms and conditions are available at Super.com and are incorporated by reference herein. We are not responsible for any third-party digital wallet service. We may give you a PIN to use to make transactions on your Super.com Card. For security reasons, you may be required to provide the PIN before you are able to use the Super.com Card. You must contact us immediately at finproductssupport@super.com if you believe the confidentiality of your PIN has been compromised for any reason.
Permitted Use. You agree to use the Card Account for lawful personal, family, or household purposes only. You may not use the Card Account for business, commercial, or illegal purposes, or in any manner not permitted by this Charge Card Agreement. We may refuse to process any transaction that we believe may violate the terms of this Charge Card Agreement or applicable law. If you use your Card Account in a manner that is not permitted, this Card Agreement still applies, and you are liable for those transactions. You also may be liable to us for any damages and/or expenses resulting from such use. Additionally, we may close your Card Account. You agree that we may rely on information provided by merchants and your applicable payment network to categorize transactions.
Preauthorizations. If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may pre-authorize the transaction amount up to seventy five dollars ($75.00) or more. If your Card is declined even though you have sufficient Available Credit, pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, or for similar purchases, the merchant may pre-authorize the transaction amount for the purchase amount plus up to twenty percent (20%) or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any pre-authorization amount will place a “hold” on your Available Credit in that amount until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the pre-authorization amount on hold will be removed. It may take up to seven (7) Business Days or more for the hold to be removed. During the hold period, you will not have access to the pre-authorization amount. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of Available Credit for up to thirty (30) calendar days or more.
Declined Transactions. We may decline to authorize any transaction for any reason at our sole discretion. We are not responsible for any losses you incur if we do not authorize a transaction. We are not responsible for any losses you incur if anyone, including any terminal, merchant, merchant’s financial institution, or other third party, refuses to accept your Super.com Card or Card Number or process the transaction you request for any reason. We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control, subject to applicable law.
ATM CASH ADVANCE ACCESSWith your PIN, you may use your Super.com Card to obtain a cash advance from any ATM, as permissible by a merchant, bearing the Mastercard Acceptance Mark. ATM transactions are treated as cash advance transactions which draw from the line of credit associated with your Card Account. It is not a withdrawal of cash from your Super.com Deposit Account. It is an extension of credit that must be repaid in accordance with this Charge Card Agreement. Any cash advance from an ATM terminal will be subject to any limitations set forth herein and the fees disclosed in the Truth in Lending Disclosures above, as well as any daily limits imposed by the ATM owner. You should not write your PIN on your Super.com Card or keep your PIN with your Super.com Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others, and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, call us immediately.
SUPER+ MEMBERSHIPTo be eligible to apply for the Super.com Card, you must be a Super+ Member. While there is no membership fee for the Super.com Card, there is a $15 monthly membership fee for the Super+ Membership. If you do not pay your $15 monthly membership fee, you will not receive rewards on purchases described in the Super.com Cashback Addendum. We may terminate your Card Account, Card, and Virtual Card if you terminate your Super+ Membership. You can access your Card Account and all information relating to your other Super+ Membership benefits through the Super.com App. You may log in to the Super.com App or Site at any time to view and update information about your Card Account and initiate online transactions. Your use of the Super.com App and the Site are subject to the Super.com Terms of Use, as well as the Financial Products & Earnings Service Terms, the Super+ Membership Service Terms, and such other Service Terms as may be applicable to the products and services accessed by you.
LIMITS ON YOUR SUPER.COM CARD AND CARD ACCOUNT
Your Super.com Card has limits that are designed to help you spend no more than you are able to repay. The following limits apply to your use of your Card Account. You may not make any transactions that would cause you to exceed any of these limits. We will never authorize a transaction on your Card in an amount that exceeds the Available Balance in your Super.com Deposit Account. The Available Balance is the most up-to-date record of the amount of money immediately available for use or withdrawal in your Super.com Deposit Account that secures your obligations under this Charge Card Agreement. The Available Balance in your Super.Com Deposit Account, at any given time, is generally equal to the amount deposited into your Super.com Account less your Card Balance. Please see the Deposit Agreement governing your Super.com Deposit Account for more information on how we calculate your Available Balance and how funds are made available to you. This limit is designed to help you spend no more than you are able to repay using the funds in your Super.com Deposit Account. We will never authorize a transaction on your Super.com Card in an amount that exceeds your Available Credit. At any given time, your Available Credit is equal to the lesser of (a) the Available Balance in your Super.com Deposit Account or (b) the Credit Limit minus the unpaid Payment Due on the Super.com Card. Your Credit Limit is five thousand dollars ($5,000). However, your Available Credit can change at any time; for example, when you make a deposit to your Super.com Deposit Account, make a transaction on your Card Account, or repay your Card Balance.
Keeping Track of Your Limits. You can use the Super.com App, the Site, or contact customer service to view limit and balance information about our Super.com Card. While we do our best to provide the most up-to-date information about your Card Account, there may be some delay in reflecting new transactions, for reasons outside our control, such as network interruptions or delays by merchants in posting transactions, and we cannot guarantee the accuracy of this information in the Super.com App, on the Super.com website, or by phone. You are responsible for keeping track of your Super.com Card Balance, Credit Limit, and Available Credit. Our general practice is to decline transactions that may cause you to exceed your Credit Limit or Available Credit. If we do honor these transactions, you are responsible for paying us back in full immediately, and these limits will not increase. We may increase or decrease your Credit Limit or Available Credit at any time, in our sole discretion. We are not required to extend credit up to your maximum Credit Limit, if it would cause you to exceed your Available Credit
.Effect of Payment on Credit Limit and Available Credit. When we receive a payment and apply it to your Card Account from the Super.com Deposit Account associated with your Card Account, your Available Balance in the Super.com Deposit Account will be reduced by the amount of your payment, and your Available Credit on the Super.com Card will not increase.
Exceeding Your Limits. If you make a transaction that causes you to exceed the Credit Limit or Available Credit on your Card Account, you agree to immediately make a payment on your Card or make a deposit to your Super.com Account such that you no longer exceed your Credit Limit or Available Credit. Our general practice is to decline any transaction that would cause you to exceed any limit applicable to your Super.com Card. Even if we have permitted you to exceed a limit before, we are not required to do it in the future. We determine the amount of your Available Balance for the purpose of deciding whether a transaction will cause you to exceed a limit only once per transaction, which determination may occur at any time between the time you authorize the transaction and when we decline the transaction or send a notice of the declined transaction.
Other Limits. For security reasons, there are limits on the number, amount, frequency, and type of transactions you can make using your Super.com Card. Similarly, there are limits on your ability to use your Super.com Card with certain merchants or terminals. To protect the security of your Super.com Card, others’ accounts, and our systems, we may or may not disclose some or any of these limits or any changes to these limits unless required by applicable law. We may change these limits from time to time at our sole discretion with or without notice. We will notify you of any limits or changes to the limits as required by applicable law. In our discretion, we may from time to time permit you to make transactions in excess of these limits, but permission to exceed a transaction limit on one or more occasion(s) does not grant or guarantee future right or permission to exceed the transaction limits. Your rights under this Charge Card Agreement to make purchases, initiate transfers, and complete other transactions with your Super.com Card or Card Account are subject to this paragraph.
PURCHASE ASSURANCE You may enable the Purchase Assurance feature at any time within the Super.com App or on the Site. This feature will not be available unless you have enabled it. If you attempt to make a purchase with your Super.com Card that exceeds the Available Credit applicable to your Card, and you have attached an external debit card (“Linked Debit Card”) to your Super.com Deposit Account, Super.com may, as a convenience to you and in its sole discretion, transfer the funds into your Super.com Deposit Account from your Linked Debit Card to cover the purchase (“Purchase Assurance”). When you access the Purchase Assurance feature, Super.com will transfer the amount necessary for you to make your purchase to your Super.com Deposit Account from your Linked Debit Card on file with us. Once you have elected to enable Purchase Assurance, you may subsequently revoke your authorization in the Super.com App or on the Site, or by calling our Customer Support Team at +1 (844) 461-2577 at least three (3) Business Days before the date of any Super.com Card transaction you make which would access the Purchase Assurance feature. There will be no fee for the first three (3) Purchase Assurance transfers in any given calendar month, and every transaction thereafter will generally be declined, however we will not charge a fee and we are not liable if we do not decline it. Purchase Assurance only is available when enabled and up to the amount of funds that are available in your Linked Debit Card. If you attempt to make a purchase which exceeds the amount of funds available in your Linked Debit Card, the transaction will be declined. By electing to enable Purchase Assurance, you authorize us to debit and/or credit your Linked Debit Card we have on file for you, every day, when you use the Purchase Assurance feature to complete a purchase using your Super.com Card, on or promptly after each date you authorize the Super.com Card transaction. The amount of each debit will be the amount needed to complete the transaction(s) you make on your Super.com Card; meaning, Super.com will transfer the difference of the transaction amount and your Available Credit. You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for debit card transactions as provided herein and will remain in full force and effect until you notify us that you wish to revoke this authorization as described above. NOTE: Purchase Assurance entails transferring the difference of your Available Credit and the transaction amount in order to complete a Super.com Card purchase transaction. By way of example, if you have enrolled in Purchase Assurance and you currently have $10 of Available Credit on your Super.com Card, and you initiate a Super.com Card purchase transaction for $17, a transfer of $7 will be initiated from your Linked Debit Card to your Super.com Deposit Account at or around the time that the transaction is authorized in order to approve the Super.com Card purchase transaction.
PAYMENTS, INTEREST AND FEESYour Promise to Pay. You promise to pay us all amounts due on your Super.com Card by each Payment Due Date set forth on each Statement. Amounts due on your Super.com Card will include amounts where you may not have signed a purchase slip or other document for the transaction. We will treat transactions made without presenting a physical Super.com Card (such as transactions completed by mail, telephone, Internet, or mobile device) the same as if you used the Super.com Card in person. If you let someone else use your Super.com Card, you are responsible for all transactions that person makes, even if that person’s use exceeds their authority to use your Card Account or Super.com Card, whether or not you have notified us that the person will be using your Card Account. If you are responsible for paying any Payment Due, we may refuse to release you from liability until all of the Cards and other credit devices outstanding under the Card Account have been returned to us and you repay us the total Payment Due owed to us under the terms of this Charge Card Agreement.
Prepayment. You may pay all or any part of your total outstanding Card Balance at any time without a prepayment penalty. If you overpay, or if there is a credit balance on your Card Account, we will not pay interest on such amounts. Fees. We will charge fees as disclosed in the Truth in Lending Disclosures, including “Fees” above, subsequent disclosures, Statements, and any change in terms or notices. If you miss a required payment by the Payment Due Date, we will exercise our security interest in the funds in your Super.com Deposit Account, and we may terminate your Super.com Card and your Super.com Deposit Account. See the Security Agreement below for more details.
Other Fees. Unless prohibited by law, we also may charge you other fees from time to time for services you request that are otherwise not captured here. If a fee applies to your Card Account, we will tell you the amount of the fee at the time you request the service.
Payment Methods. You are permitted only to make payments to your Super.com Card from your Super.com Deposit Account. You must use one of the following payment methods:
- Preauthorized Automatic Payments (“Autopay”). When you sign up, or by using the Super.com App or Site, you may elect to make payments for your Super.com Card using Autopay. Upon selecting Autopay, you authorize us to make recurring debits from your Super.com Deposit Account on each Auto Payment Date to satisfy the Payment Due set forth on each Statement. We will not debit more than the Payment Due. However, the amount we debit may be less than the Payment Due because payments, returned purchases, and other credits can reduce the Payment Due if they post to the Card Account between the Statement Date and the Auto Payment Date. You also authorize us to debit or credit your selected payment method as needed to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by applicable law.
- One-Time Transfer. You may use the Super.com App or Site to authorize us to make a one-time transfer to us from your Super.com Deposit Account to pay the amount of the Payment Due as set forth on your Statement. You also authorize us to debit or credit your payment method to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by applicable law.
We may permit additional payment methods from time to time. We may reject any payment not made in accordance with this section.You must make payments in U.S. dollars in a form acceptable to us. We do not accept cash payments through the mail or by check. When making a payment, you must follow the instructions in this section and any additional instructions shown on your Statement. If you do not follow our payment instructions, we may not accept your payment, or there may be a delay in crediting your Card Account. If you make a one-time payment after the cut-off time of 2:30pm Eastern Time on a Business Day or on a day that is not a Business Day, it will be initiated as of the next Business Day. Our Business Days are Monday through Friday, except for federal holidays. We may accept and process payments without losing any of our rights under this Charge Card Agreement.
How We Apply Your Payments. Payments are first applied to any past-due amount, then to your current Payment Due. We may adjust your Available Balance, Available Credit, or Credit Limit as reasonably necessary to correct errors, process returned and reversed payments, and address other similar issues.
Credit Balances. We may reject and return any payment that creates or adds to a credit balance on your Super.com Card Account. Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new charges. You may write to the address provided on your Statement to request a refund of any available credit balance.
Non-Payment. In addition to any other rights we may have or actions we may take under this Charge Card Agreement, if you fail to pay your Payment Due on the Payment Due Date, we may exercise the Security Interest in the Collateral under the Security Agreement. See details in the Security Agreement section below.
Reporting of Credit Information and Notice of Furnishing Negative Information. If you choose to opt-in to credit reporting, we will report information about your Super.com Card to credit bureaus. You understand that once you opt-in to this service, we will continue to report your activity to the credit bureaus until your Super.com Card is closed. Late payments, missed payments, or other defaults on your Super.com Card may be reflected in your credit report. If you think we have reported inaccurate information to a credit bureau, you may write to us at the address below:Republic Bank c/o Snapmoney, Inc. DBA Super.com 18 Bartol Street, Unit #159San Francisco, CA 94133 You authorize us to obtain a consumer report and other information about you from time to time from consumer reporting agencies, check verification services, and other third parties for the purpose of considering your application for a Card Account, monitoring, collecting, servicing, and maintaining your Card Account.
FRAUDULENT OR CRIMINAL CARD ACCOUNT OR VIRTUAL CARD ACTIVITY
In addition to our other rights set forth herein, we reserve the right to block, suspend, or cancel your Super.com Card or Virtual Card if, as a result of our policies and processes, we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity that is inconsistent with the terms of this Charge Card Agreement. We may also temporarily suspend your Super.com Card or Virtual Card in the event we detect unusual or suspicious account activity. If we exercise this right, we will incur no liability to you because of any resulting unavailability of your Card Account, Virtual Card, or your inability to use your Super.com Card.
RETURNS AND REFUNDS
If you are entitled to a refund for any reason for goods or services obtained with your Super.com Card, you hereby agree to the refund policy of that merchant, including to accept credits to your Super.com Card for such refunds. If you have a problem with a purchase that you made with your Super.com Card, or if you have a dispute with the merchant, you must attempt to handle it directly with the merchant. There may be a delay of five (5) days or more from the date the refund transaction occurs until the date the refund amount is credited to your Card Account.
NOTIFY US IMMEDIATELY OF LOST OR STOLEN CARDS
If your Card is lost or stolen or if you think someone else may be using your Super.com Card Account, Card, or PIN without your permission, you must contact us immediately at finproductssupport@super.com.
TRANSACTIONS MADE IN FOREIGN CURRENCIES AND/OR WITH MERCHANTS LOCATED IN FOREIGN COUNTRIES
If you make a transaction in a foreign currency, the payment network will convert it into a U.S. dollar amount. The Mastercard network will use its own currency conversion procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date that appears on your Statement. We do not adjust the currency exchange rate or charge any currency conversion fees. However, we, Mastercard, or our respective service providers may earn money on the currency conversion.
STATEMENTS AND RECEIPTSWe generally will send or make available to you one Statement for your Card Account at the end of each billing cycle. The Statement will show the activity on your Card Account during the billing cycle and will tell you the New Balance, the Payment Due, and the Payment Due Date of your next payment. All Transactions that post to your Card Account after the closing date of your Statement will appear on your next Statement. Please review each Statement carefully. Preservation of your rights under federal law regarding resolution of billing errors depends upon your timely recognition of potential errors, as explained below in the “Your Billing Rights” section of this Charge Card Agreement. Under certain circumstances, the law may not require us to send or make available to you a Statement, or may prohibit us from doing so. If an event of default occurs under this Charge Card Agreement, we may, in our sole discretion, stop sending you Statements if we deem your Card Account uncollectible or if we institute delinquency collection proceedings.You may obtain receipts to maintain a record of your transactions. You may need a receipt in order to verify a transaction with us or the merchant.
YOUR BILLING RIGHTS: KEEP THIS NOTICE FOR FUTURE USEThis notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your StatementIf you think there is an error on your monthly billing Statement, write to us at: Republic Bank c/o Super.com Card18 Bartol Street, Unit #159San Francisco, CA 94133You may also contact us at finproductssupport@super.com. In your letter, give us the following information:
- Account information: Your name and Card Number.
- Dollar amount: The dollar amount of the suspected error.
- Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
- Within sixty (60) days after the error appeared on your Statement, and
- At least three (3) Business Days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your NoticeWhen we receive your notice, we must do two things:
- Within thirty (30) days of receiving your notice, we must tell you that we received your notice. We will also tell you if we have already corrected the error.
- Within ninety (90) days of receiving your notice, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
- We cannot try to collect the amount in question or report you as delinquent on that amount.
- The charge in question may remain on your monthly billing statement.
- While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
- We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
- If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
- If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within ten (10) calendar days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.If we do not follow all of the rules above, you do not have to pay the first fifty dollars ($50) of the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Card PurchasesIf you are dissatisfied with the goods or services that you have purchased with your Super.com Card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
- The purchase must have been made in your home state or within one hundred (100) miles of your current mailing address, and the purchase price must have been more than fifty dollars ($50). (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
- You must have used your Super.com Card for the purchase. Purchases made with cash advances from an ATM do not qualify.
- You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:Republic Bank c/o Super.com Card18 Bartol Street, Unit #159San Francisco, CA 94133You may also contact us at finproductssupport@super.com. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay by the Payment Due Date, we may declare you in default of this Charge Card Agreement and report you as delinquent to a consumer reporting agency.
CONFIDENTIALITY
We may disclose information to third parties about your Super.com Card or Virtual Card, including your Card Account information showing the transactions you make:
- Where it is necessary for completing transactions;
- To verify the existence and condition of your Super.com Card or Virtual Card for a third party, such as a merchant;
- To comply with government agency or court orders, or other legal reporting requirements;
- If you give us your written permission; or
- As otherwise stated in our Privacy Notice.
SUSPENSION, AMENDMENT, ASSIGNMENT, AND CANCELLATION
We may amend or change the terms and conditions of this Charge Card Agreement at any time without prior notice to you except as required by applicable law. Terms that may be updated include, without limitation, the interest charge, fees, payments, and arbitration provisions. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. Unless prohibited by applicable law, any changes to this Charge Card Agreement will apply to your Super.com Card, Card Account, and any Payment Due on and after the effective date of the change. You may request to cancel this Charge Card Agreement by calling our customer service and returning the Card (if requested) to us. Your termination of this Charge Card Agreement will not affect any of our rights or your obligations arising under this Charge Card Agreement prior to termination.Notwithstanding anything set forth in this Charge Card Agreement, we reserve the right to limit or cancel your use of the Super.com Card, including limiting your use of the Super.com Card at ATMs and your Virtual Card, with or without cause or notice, other than as required by applicable law. If you or we cancel your Card or Card Account for any reason, we will also close your Super.com Deposit Account.We will comply with unclaimed property laws and appropriately engage in escheatment activities as required by applicable state law.You may not sell, transfer or assign your Card Account or any of your obligations under this Charge Card Agreement. We may sell, transfer or assign any or all of our rights and obligations under this Charge Card Agreement, including any Payments Due or receivables associated with your Card Account. The purchaser, transferee, or assignee may enforce the rights they acquire from us in accordance with this Charge Card Agreement.
ENGLISH LANGUAGE CONTROLS
Any translation of this Charge Card Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
CUSTOMER SERVICE
For customer service or additional information regarding your Card Account, please contact us at:+1 (844) 461-2577 or finproductssupport@super.com.
COMMUNICATIONS, NOTICES OF ERRORS, AND OTHER NOTICES
Delivery of Notices. You agree that we and our service providers may communicate with you by mail, telephone, email, fax, pre-recorded message, automated voice, text message or other means allowed by law regarding your Super.com Card Account. Any legal disclosures, notices and communications and other Super.com Card Account-related correspondence that we mail to you will be sent via U.S. Mail (“mail”) to the last mailing address shown in our records for your Super.com Card Account. Notices will be deemed to have been delivered on the day we mailed it to you, or made it available electronically. We are not responsible for items lost in, or not delivered by, mail or e-mail. Some notices may only be available electronically or in paper form. Notice to any owner of your Super.com Card Account is notice to all owners.
Notices You Send Us. Any written notice you give us is effective after we actually receive it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding an Item, you must give us sufficient information to be able to identify the Item, including the Item number, amount, date and payee.
Telephone Communication. We may record and/or monitor any of our telephone conversations with you. If we do record, we do not have to keep the recordings, unless the law says we must. When you give us your mobile number, we have your permission to contact you at that number about all of your Republic Bank and Super.com Card Accounts. Your consent allows us and our service providers to use text messaging, artificial or prerecorded voice messages, and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls. This communication may include contact from companies working on our behalf to service your Super.com Card Account. Message and data rates may apply. You may change these preferences by calling +1 (844) 461-2577 on Business Days between 8AM and 5PM Eastern Time or emailing finproductssupport@super.com.
Change in Contact Information. We require you to provide an email address, mobile telephone number, and physical street address if your mailing address is a P.O. box. You are responsible for promptly notifying us of any change to any such contact information or your name by calling us at +1 (844) 461-2577 or writing to us at finproductssupport@super.com. In some instances, we may request additional information for verification purposes. Any notice we send to you (either electronically or via mail) will be binding when sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service (“USPS”) or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the mail.If you make your email account available to any other individual, you agree that you are responsible for any release of any Card Account information to such individual.
Communications Equipment and Services. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access and use your Super.com Card Account online; view, save and/or print your Super.com Card Account documents online; receive any messages or documents you have consented to receive electronically; and for paying all related charges. We are not required to act on any instruction or message from you provided by fax, SMS/text, or telephone voice mail, message service or answering machine. Whenever this Charge Card Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text or fax to be written notice.Other. We may contact you from time to time regarding your Super.com Card or Virtual Card in any manner we choose to the extent allowed by applicable law. For example, we or our affiliates, agents or contractors may contact you:
- by mail, telephone, email or text message;
- by using an automated dialing or similar service (“autodialer”);
- at your home and at your place of employment;
- on your mobile, wireless or cellular telephone or similar device, which may result in charges to you;
- at any time, including weekends and holidays;
- with any frequency;
- by leaving prerecorded and other messages on your answering machine/service and with others; and
- by identifying ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.
From time to time, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. You agree that we or our affiliates, agents or contractors may contact you at any telephone number you provide to us, including your cell phone number, for any informational, non-telemarketing purpose related to your Super.com Card or Virtual Card. You agree to receive these calls via an automatic telephone dialing system; messages, such as prerecorded or artificial voice messages; or text messages sent via an automated texting system. You understand your service provider may charge you for these calls/messages.
NO WARRANTY REGARDING GOODS AND SERVICESWe are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Super.com Card.
ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. IT WILL GOVERN ANY AND ALL CLAIMS AND DISPUTES ARISING IN CONNECTION WITH YOUR CARD ACCOUNT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY SUCH CLAIM OR DISPUTE, NOW OR IN THE FUTURE. FOR EXAMPLE, WE CAN REQUIRE INDIVIDUAL ARBITRATION OF ANY LEGAL DISPUTE BETWEEN YOU AND US REGARDING THE CARD ACCOUNT (EXCEPT A SMALL CLAIM YOU BRING INDIVIDUALLY OR ANY OTHER EXCLUSION SET FORTH BELOW) AND YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR SIMILAR PROCEEDING IN COURT OR IN ARBITRATION. HOWEVER, THIS ARBITRATION PROVISION WILL NOT APPLY TO ANY CLAIM THAT IS THE SUBJECT OF A CLASS ACTION FILED IN COURT THAT IS PENDING AS OF THE EFFECTIVE DATE OF THIS ARBITRATION AGREEMENT IN WHICH YOU ARE ALLEGED TO BE A MEMBER OF THE PUTATIVE CLASS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.
Agreement to Arbitrate This section is referred to as the Arbitration Agreement. If you have a dispute with the Bank, Super.com, any subsidiary or affiliate of the Bank or Super.com, or any of their respective employees, officers, directors, agents or service providers (each, an “Indemnified Party” and collectively, the “Indemnified Parties”), and are not able to resolve the dispute informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute will be resolved through the arbitration process set forth in this section. Arbitration You agree that if you have a dispute, claim, or controversy (collectively, “Claim”) that has arisen or may arise between you and the Bank or any other Indemnified Party, whether arising out of or relating to this Charge Card Agreement (including any alleged breach), your Card Account and services provided under this Charge Card Agreement, any advertising, any aspect of the relationship or transactions between us, including any transaction or attempted transaction no matter the method or means, and you are not able to resolve the Claim informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the Claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. “Claim” has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims, and third-party claims. Among other things, it includes Claims based upon contract, tort, consumer rights, fraud, constitutional law, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief).
Parties Subject to this Arbitration Agreement
This Arbitration Agreement applies whenever there is a Claim between you (including your heirs, successors, representatives and beneficiaries) and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a Claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Charge Card Agreement or your Card Account (including any additional, updated, or substitute account for the same accountholder(s)), then the Claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS CHARGE CARD AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT FINPRODUCTSSUPPORT@SUPER.COM.
Exclusions You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing will bear all costs and expenses incurred by the other in compelling arbitration. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. In addition, the following will not be the subject of this Arbitration Agreement: (a) the exercising of any self-help rights, including set-off; (b) any action in court by that is limited to preventing the other party from using a self-help remedy, so long as it is prosecuted individually, and does not involve a request for damages or monetary relief of any kind; or (c) any other claims where arbitration is prohibited by law. Further, nothing herein shall prevent either you or us from applying to any court of competent jurisdiction for emergency provisional relief, such as a temporary restraining order, a temporary protective order, an attachment or any other pre-judgment remedies.
Your Right to Opt Out If you do not want this Arbitration Agreement to apply to your Card Account, you may opt out by sending us written notice of your decision within 30 days of the opening of your Card Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Charge Card Agreement. It should include your name, address, Card Card Number, and your signature and must be and must be emailed to optout@super.com. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Charge Card Agreement and will not result in any adverse consequence to you or your Card Account. You agree that our business records will be final and conclusive evidence with respect to whether you canceled or opted out of this Arbitration Agreement in a timely and proper fashion.
Prohibition and Waiver of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. Prohibition and Waiver of Court and Jury TrialsFOR CLAIMS SUBJECT TO ARBITRATION, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US MAY BE MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.Pre-Arbitration Dispute Resolution The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by emailing customer support at finproductssupport@super.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Bank or Indemnified Party should be sent to 18 Bartol Street, Unit #159, San Francisco, California, 94133 (“Notice Address”). The Notice must (a) describe the nature and basis of the Claim or dispute and (b) set forth the specific relief sought. If you do not resolve the Claim with the Bank or Indemnified Party within sixty (60) calendar days after the Notice is received at the Notice Address, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank or Indemnified Party is entitled.
Arbitration Procedures Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Charge Card Agreement as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Charge Card Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances or by Zoom or video/telephonic conference. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for ten thousand dollars ($10,000) or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is seventy-five thousand dollars ($75,000) or less, at your request, the Bank or other Indemnified Party will pay all Arbitration Fees. If the value of relief sought is more than seventy-five thousand dollars ($75,000) and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Bank or other Indemnified Party will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Bank will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. You will be responsible for your own attorneys’ fees, except that the arbitrator shall be entitled to award attorneys’ fees and costs to the prevailing party in the arbitration if permitted by applicable law.
Governing Law
This Arbitration Agreement involves interstate commerce and shall be interpreted and enforced in accordance with the Federal Arbitration Act (the “FAA”) to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. Any Claims and defenses that can be asserted in court can be asserted in the arbitration. The arbitrator may award any remedy provided by the substantive law that would apply if the action were pending in court, including, without limitation, punitive damages (which shall be governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief. The arbitrator shall follow the law and shall not be entitled to make errors of law. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.
Arbitration Result and Right of Appeal
Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed, provided, however, that either party may appeal to any court with jurisdiction to the extent the arbitrator makes an error of law.
Rules of Interpretation.
This Arbitration Agreement shall survive the closing of the Card Account, any legal proceeding and any bankruptcy to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Agreement, on the one hand, and the applicable arbitration rules or the other provisions of the Charge Card Agreement, on the other hand, this Arbitration Agreement shall govern to the extent of the conflict or inconsistency.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to Claims for public injunctive relief. The remainder of this Arbitration Agreement will continue to apply.
Future Changes to this Arbitration Agreement
Notwithstanding any provision in this Charge Card Agreement to the contrary, if the Bank makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you have a Card Account, you may reject any such change by sending the Bank written notice within thirty (30) days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the terms of this Arbitration Agreement as of the date you first accepted this Charge Card Agreement (or accepted any subsequent changes to this Charge Card Agreement).
SECURITY AGREEMENT Security Interest in Your Super.com Deposit Account.
You hereby grant to us, as of the date you enter into this Charge Card Agreement, a security interest in all right, title and interest in any Super.com Deposit Account you have with us, and all funds deposited therein, now owned or hereinafter acquired, and all proceeds thereof (collectively, the “Collateral”), to secure your performance under this Charge Card Agreement, including your duty to pay us for all obligations you owe us under this Charge Card Agreement, present or hereinafter occurring, when payments are due, for every transaction made with your Super.com Card (“Security Interest”).
Our Right to Exercise the Security Interest.
You hereby pledge, hypothecate, and assign as security to us, and grant us a lien on, all of your right, title, and interest in and to the Collateral for the prompt and complete payment and performance when due of your outstanding Card Balance and the related obligations set forth in this Agreement. You further irrevocably and unconditionally relinquish your possession of and control over the Collateral. You hereby authorize Republic Bank to take any reasonable or necessary action to perfect or protect the Bank’s first lien Security Interest in the Collateral. You further agree to take any action we request to perfect or protect our first lien position Security Interest in the Collateral. You waive the benefit of any homestead or other exemptions in the Collateral. The Security Interest will be governed by Uniform Commercial Code - Article 9 (as adopted by the applicable state law) whether Article 9 applies by its terms or not. We do not have to give you any prior notice to apply the funds in your Super.com Deposit Account or other Collateral or its proceeds to satisfy your obligations. You expressly agree that our rights under this Security Agreement extend to any electronically deposited federal or state benefit payments (including Social Security benefits) to the extent permitted by applicable law. If you do not want your benefits applied in this way, you may change your direct deposit instructions at any time with the person or organization paying the benefits. You agree to indemnify and hold us harmless from any claim arising as a result of our exercise of our Security Interest.
YOU MAY LOSE FUNDS IN YOUR SUPER.COM DEPOSIT ACCOUNT.
If you are in default of any obligation under this Charge Card Agreement, or your Super.com Deposit Account or Card Account is closed for any reason, you hereby authorize us to withdraw funds from your Super.com Deposit Account and apply such amounts to the outstanding Card Balance on your Card Account and any other amounts you owe us under this Agreement, without notice or demand for payment. Our right to apply such amounts to the outstanding Card Balance is in addition to the other rights we have under applicable law or this Charge Card Agreement. The application of your funds to the Card Balance and any other amounts you owe under this Charge Card Agreement will not affect your obligation to pay us in full. You are responsible for the repayment of all amounts you owe us under this Charge Card Agreement.
Legal Proceedings.
You represent that (a) there are no other liens on Collateral; (b) there are no current lawsuits or bankruptcy proceedings that might otherwise affect our Security Interest in the Collateral; and (c) you have not and will not attempt to transfer any interest in the Collateral to any other person or offer the Super.com Deposit Account or any other part of the Collateral as collateral or security for any other obligation. If any person seeks to attach your Super.com Deposit Account, for example by legal garnishment, you agree that we may deem all amounts you owe us, including any unpaid Card Balance, immediately due and payable and apply the funds in your Super.com Deposit Account as payment of those amounts. If we must hire an attorney to defend or enforce our rights under the Security Agreement, you will pay our reasonable attorneys’ fees and court costs, unless prohibited by applicable law.The liquidation of any Collateral and application of the proceeds of such Collateral liquidation to your Card will not change your Payment Due. You are responsible for the repayment of any obligation that is not satisfied by the application of Collateral. We may take up to sixty (60) days to return any excess Collateral to you.If there is no activity with respect to your Super.com Deposit Account or related Collateral for a prescribed period of time (generally five (5) years), the Collateral may be presumed to have been abandoned and will escheat to and become the property of the State of Kentucky or another applicable state. We will notify you if required by law prior to escheating any Collateral held under this Agreement.If you become a debtor in any proceeding under the United States Bankruptcy Code, you agree that you will recognize us as a perfected secured creditor with respect to the Super.com Deposit Account and that you will declare the Collateral held as a security deposit as exempt property pursuant to the provisions of the United States Bankruptcy Code or applicable State exemption laws.We may amend the terms and conditions applicable to your Super.com Deposit Account separately from the remainder of this Charge Card Agreement at any time with reasonable written notice to you if required by applicable law.
DEFAULT
Events of Default.
We may declare you in default of this Charge Card Agreement if any of the following events of default occur:
- You fail to make any payment required under the terms of this Charge Card Agreement by the applicable Payment Due Date;
- You exceed your Credit Limit or Available Credit;
- You file or become the subject of a bankruptcy or insolvency proceeding;
- You are unable or unwilling to repay your obligations, including upon death or legally declared incapacity;
- We determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us;
- You do not comply with any term of this Charge Card Agreement or any other agreement with us;
- You reside or relocate outside the United States with a non-U.S. mailing address; or
- We receive a garnishment, attachment or other levy upon your Super.com Deposit Account, or the Super.com Deposit Account is subject to any other legal proceeding.
If we declare that you are in default of this Charge Card Agreement, we may take certain actions with respect to your Card Account. For example, we may take the following actions, without notifying you, unless applicable law requires that we give you notice:
- Report your default to a consumer reporting agency;
- Close or suspend Card Account;
- Reduce your Credit Limit;
- Demand that you immediately pay the total Payment Due owing on your Card Account;
- Continue to charge you fees (as set forth in the Truth in Lending Disclosures) as long as your Super.com Card Payment Due remains outstanding; and/or
- File a lawsuit against you or pursue another action that is not prohibited by applicable law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees, except as prohibited by applicable law.
Notwithstanding the foregoing, if your Card Account is ninety (90) days past due, is part of a bankruptcy or insolvency proceeding, or is otherwise charged off, the total balance on your Super.com Deposit Account is immediately due and payable, and we may exercise our Security Interest in the Collateral to satisfy all amounts owed to us under this Charge Card Agreement.
DISCLOSURES
California Residents: A married applicant may apply for a separate Card Account. After credit approval, each applicant shall have the right to use the Card Account up to the limit of the Card Account.
California and Utah Residents: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a Consumer Reporting Agency if you fail to fulfill the terms of your credit obligations.
Delaware Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month.
Massachusetts Residents: Massachusetts General Law prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, sex, gender identity, sexual orientation, marital status, children, national origin, genetic information, ancestry, age, handicap, or because all or part of the applicant’s income derives from any public assistance program. The State Agency that administers compliance with the State Law concerning this is: The Massachusetts Commission Against Discrimination, One Ashburton Place, Room 601, Boston, MA 02108-1599 (617) 727-3990.
New York and Vermont Residents: We may obtain your credit reports for any legitimate purpose associated with the account or the application or request for an account, including but not limited to reviewing, modifying, renewing and collecting on your account. On your request, we will inform you of the names and addresses of any consumer reporting agencies that have furnished the reports. New York residents may contact the New York State Department of Financial Services by telephone or visit its website for free information on comparative credit card rates, fees and grace periods. New York State Department of Financial Services: 1-800- 342-3736 or http://www.dfs.ny.gov.
Ohio Residents: Ohio anti-discrimination laws require creditors to make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on individuals upon request. The Ohio Civil Rights Commission administers compliance with these laws.
Oregon Residents: Service charges not in excess of those permitted by law will be charged on the outstanding balances from month to month. You may pay more than the minimum payment due, up to your entire outstanding balance, at any time.
Washington State Residents: In accordance with the Revised Code of Washington Statutes, Section 63.14.167, you are not responsible for payment of interest charges that result solely from (i) a merchant's failure to transmit to us within seven working days a credit for goods or services accepted for return or forgiven, provided you have notified us of the merchant's delay in posting such credit, or (ii) our failure to post such credit to your account within three (3) working days of our receipt of the credit from the merchant.
Wisconsin Residents: No provision of any marital property agreement, unilateral statement, or court order applying to marital property will adversely affect a creditor’s interests unless, prior to the time credit is granted, the creditor is furnished with a copy of the agreement, statement or court order, or has actual knowledge of the provision. If the credit card for which you are applying is granted, you will notify us if you have a spouse who needs to receive notification that credit has been extended to you.
Military Lending Act: The Military Lending Act provides protections to Covered Borrowers, as follows:
- Military Lending Act Notice: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Services and such member’s dependents may not exceed an Annual Percentage Rate (“APR”) of thirty-six percent (36%). This rate must include, as applicable to the credit transaction or account: (i) the costs associated with credit insurance premiums; (ii) fees for ancillary products sold in connection with the credit transaction; (iii) any application fee charged (other than certain application fees for specified credit transactions or accounts); and (iv) any participation fee charged (other than certain participation fees for a credit card account).
- Oral Disclosures: In order to hear these important disclosures related to the Military Lending Act, you may call 1-866-602-3983.
- Applicability of Binding Arbitration: The Binding Arbitration section of this Charge Card Agreement does not apply to Covered Borrowers.
If you would like more information about whether you are a Covered Borrower, you may contact us at 1-844-900-2997.
MISCELLANEOUS
Governing Law. This Charge Card Agreement is made in the Commonwealth of Kentucky, and we extend credit to you from Kentucky This Charge Card Agreement is governed by the laws of the Commonwealth of Kentucky (without regard to its conflict of laws principles) and by any applicable federal laws.
Severability. If any provision of this Charge Card Agreement is found to be invalid, the remaining provisions will continue to be effective. Notwithstanding any other provision of the Charge Card Agreement, the aggregate amounts charged with respect to any transaction under this Charge Card Agreement, including all related fees or charges deemed to be interest under law, if any, will not exceed the maximum amount permitted by law. If we are deemed to receive as interest an amount that would exceed the maximum amount permitted by law, the receipt of such excess amount will be deemed a mistake and such excess amount (a) will be canceled automatically or (b) if paid, will be (i) credited against the amounts you owe under this Charge Card Agreement to the extent permitted by law, or (ii) rebated to you to the extent such excess amount cannot under law be credited against the amounts you owe under this Charge Card Agreement.
Waiver. Any delay or failure by us to enforce any provision of this Charge Card Agreement will not be construed as a waiver of such provision.
Super.com Secured Charge Card Autopay Authorization
Last Updated: Feb 6, 2025
This Super.com Autopay Authorization (“Authorization”) is made between the cardholder (“you” and “your”) and Republic Bank & Trust Company (“we”, “us”, “our”) and sets forth the terms and conditions of your use of the Super.com Secured Charge Card (the “Super.com Card”) Autopay service, which enables you to automatically make your monthly payments on your Super.com Card from your Super.com Deposit Account.
BY CHECKING THE CHECKBOX AND CLICKING THE “CONTINUE” BUTTON, YOU ARE AGREEING TO AUTHORIZE US OR OUR SERVICE PROVIDERS (INCLUDING SNAPMONEY, INC. (DBA SUPER.COM)) TO ELECTRONICALLY DEBIT THE FUNDS WE HAVE SECURED IN YOUR SUPER.COM DEPOSIT ACCOUNT ON A RECURRING BASIS TO PAY THE AMOUNT DUE ON YOUR SUPER.COM CARD ON THE AUTO PAYMENT DATE SHOWN EACH MONTH ON YOUR CARD STATEMENTS.
YOU ACKNOWLEDGE THAT YOU HAVE READ, PRINTED/SAVED, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF THIS AUTHORIZATION. WE WILL PROVIDE YOU A COPY OF THIS AUTHORIZATION IN THE SUPER.COM APP OR THROUGH THE SUPER.COM WEBSITE. IF YOU DO NOT WISH TO MAKE RECURRING PAYMENTS, YOU SHOULD NOT CHECK THE CHECKBOX.
Authorization to Electronically Debit Your Bank Account or Card. You authorize us to electronically debit your Super.com Deposit Account in U.S. Dollars on the Auto Payment Date indicated on your most recent Super.com Card Statement. As described in your Super.com Secured Charge Card Agreement, the Super.com Card is a charge card that requires you to repay the Statement Balance (appearing as the “New Balance”, “Auto Payment Amount”, and the “Payment Due” on your Statement) in full each month. The amounts of such debits will be the amounts specified on your Super.com Card Statement as the “Payment Due.” You also authorize us to debit or credit your Super.com Deposit Account as needed to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by applicable law.
You authorize the electronic debits to begin for the next Super.com Card Statement from the date you agreed to this Authorization. We will not debit more than the Payment Due. However, the amount we debit may be less than the Payment Due because payments, returned purchases, and other credits can reduce the Payment Due if they post to the account between the Statement Date and the date your Autopay payment is processed.
Stopping Payment. You understand that you may terminate this Authorization by contacting Super.com at 1 (844) 461-2577 or finproductssupport@super.com, in such time as to afford us a reasonable opportunity to act on your request. In any event, we will comply with a termination request received at least three (3) business days before the scheduled Auto Payment Date on which the termination is to be effective.
Notice of varying amount. If these recurring payments may vary in amount, we will notify you on your Super.com Card Statement at least 10 days before each Autopay, when the payment will be made and how much it will be.
Liability for failure to stop payment. If you tell us to stop a preauthorized automatic debit three (3) Business Days or more before the Auto Payment Date and we do not do so, we will be liable for your losses or damages.
Termination. We may terminate this Authorization at any time for any reason, including excessive returned payments. This Authorization remains in full force and effect until you or we terminate it. If you cancel or we terminate this Authorization, you understand that you will be responsible for making your payments by another payment method. Terminating this Authorization does not affect your duty to repay your underlying obligation.
Optional Nature or Authorization. You acknowledge that you are not required to use Autopay to obtain or access the Super.com Card.
Miscellaneous. You promise that you are the authorized signer on the Super.com Deposit Account. You understand that this Authorization is subject to applicable law and network rules.
Super.com Deposit Account and Secured Credit Card Consent to Electronic Communications
This Consent to Electronic Communications (the "Consent") contains important information about your legal rights—please read it thoroughly and save a copy for your records. As used in this Consent, "Account" means all accounts, products, or services you have with or through us. The words "we," "us" and "our" refer to Republic Bank & Trust Company, (including Snapmoney, Inc.) and their affiliates, service providers, successors and assigns, and the words "you" and "your" mean each holder of an Account. This disclosure applies to all of your Accounts with us.
1. Legally Required Communications and Disclosures
We must provide you with certain communications and disclosures in writing (i.e., you have a right to receive such communications on paper) pursuant to applicable laws and regulations. This information may be provided to you electronically if you agree to this Consent. Because all of our Accounts are provided online and use electronic means to deliver information, you must agree to this Consent to obtain and use an Account.
2. Required Consent; Categories of Communications
By agreeing to this Consent, you agree that we may provide electronic delivery—which includes delivery to the website on which you access your Account, delivery to the mobile app on which you access your Account, delivery by email, or delivery by other electronic means—of agreements; disclosures; notices and other information and communications regarding your Accounts, the use of our websites, the use of our mobile apps, our relationship with you, and such other products, services, or programs that may be made available to you (collectively, the "Communications"). Communications include, but are not limited, to the following:
- This Consent and any corresponding updates;
- Disclosures, agreements, notices, and other information related to the opening or initiation of an Account, including, but not limited to, Account agreements, fee schedules, or other disclosures or notices that may be required by the Truth in Savings Act, the Electronic Fund Transfer Act, the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm-Leach Bliley Act, the Telephone Consumer Protection Act, or other applicable federal or state laws and regulations;
- Periodic, annual, monthly, or other statements, disclosures, and notices relating to the maintenance or operation of an Account, including, but not limited to, Account information, Account activity, Account inactivity, payments made or due, or other statements, disclosures, or notices that may be required by the Truth in Savings Act, the Electronic Fund Transfer Act, the Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm-Leach Bliley Act, or other applicable federal or state laws and regulations;
- Any notice or disclosure regarding an Account;
- Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to Accounts;
- Our Privacy Policy; and,
- Certain information or forms that we request from you and ask you to submit electronically.
3. How to Withdraw Consent; Effect of Withdrawal
Your consent remains in effect until you give us notice that you are withdrawing it. You may withdraw this Consent at any time by contacting us at finproductssupport@super.com. If you withdraw this Consent: (i) we will immediately terminate all Accounts you have with us; (ii) you will remain responsible for any amounts that you owe us or may come due under any such Accounts; and (iii) any other obligations you have under any agreements governing such Accounts will remain in full force and effect. Withdrawal will not affect any Communications we provided to you prior to your withdrawal, and we will send any required further Communications to you in paper form. We will not impose any fee in connection with any withdrawal of this Consent or any Communication provided in paper form. Any withdrawal of this Consent will be effective only after we have a reasonable period of time to process your withdrawal request.
4. Retention of Electronic Communications
You should print or make a copy of any Communications you receive by either using the "Print" button to print a copy or by saving a copy by downloading it to your computer.
5. Obtaining Paper Copies of Communications
Upon request, we will provide you with a paper copy of any Communication that we have provided to you electronically. If you would like a paper copy of any Communication, please make the request to finproductssupport@super.com. There will be no charge for a paper copy of any Communication we have sent to you electronically.
6. Hardware and Software Requirements
To electronically receive and view and/or electronically save or print the Communications, you must have access to the following technology:
- a personal computer or other device and operating system capable of supporting these requirements;
- a connection to the Internet;
- a widely-used, current version web browser (for example, Internet Explorer, Safari, or Firefox);
- a widely-used, current version portable document file (PDF) reader that accurately reads and displays PDF files (for example, Adobe Reader);
- an active and valid email address; and,
- and either a printer, hard drive, or other storage device.
By “current version”, we mean a version of the software that is currently being supported by its publisher. We reserve the right to discontinue support of a current version of software if, in our sole opinion, it suffers from a security or other flaw that makes it unsuitable for use.
You represent that you have the hardware, software, email address, and technology access described above, and your ability to read this Consent demonstrates that you have the necessary hardware and software to receive Communications electronically. You are responsible for the installation, maintenance, and operation of your mobile device, computer, browser, and any software. We are not responsible for any errors or failures from any malfunction of your mobile device, computer, browser, or any software. We are also not responsible for any computer virus or related problems that may be associated with the use of this electronic delivery. If these requirements change and that change creates a material risk that you will not be able to access electronic Communications from us, we will provide you with notice of the change.
If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance. You can also get additional help directly at support@super.com or by calling 1 (844) 461-2577.
Carriers are not responsible for delayed or undelivered messages.
7. Updating Your Records
You must immediately notify us of any change to your email address, contact information, and other information related to this Consent and your Account(s). You can update this information through your profile section in the app. You represent and agree that you have provided us with a current email address at which we may send electronic Communications to you. You may also contact us at finproductssupport@super.com.
8. Federal Law
You acknowledge and agree this Consent to receive electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the "E-SIGN Act"), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
9. Reservation of Rights
This Consent does not apply to any Communication that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
10. Consent
By tapping “NEXT” and continuing with the application process, you acknowledge that you have read, understand, and hereby give your affirmative consent to us in order to provide electronic Communications to you as described above, and that such Communications will have the same legal effect as written and/or signed paper documents. You are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email account and the ability to access and view PDF files.
Super.com Cashback Addendum
This Addendum to the Super.com Secured Credit Card Agreement (this “Addendum”) pertaining to the Super.com Card cashback rewards program (the “Super.com Cashback Program” or the “Program”) is between you and Republic Bank & Trust Company, Member FDIC (“Bank,” or “Republic Bank” and, together with the Bank’s agents, successors, assignees and third-party service providers, “we”, “us,” and “our”).
1. General. Unless separately defined herein, terms in this Addendum shall have the same meaning as defined in your Super.com Secured Charge Card Agreement (the “Agreement”). The Agreement governs use of the Super.com Card and the Super.com Account, and the Agreement controls with respect to any matters involving the Super.com Card and the Super.com Account; provided, this Addendum will govern in any matter relating exclusively to the Super.com Cashback Program.
For any Super+ Member, the Super.com Account will be automatically enrolled in the Super.com Cashback Program when a Super.com Card is activated or the Super.com Account is used. By activating a Super.com Card or using the Super.com Account, you acknowledge and agree to be bound by the terms and conditions set forth in this Addendum. At the sole discretion of Bank, if an enrolled Super.com Card is found to be used in a prohibited manner, Bank may terminate your Program enrollment.
2. How to Earn Super.com Cashback. “Super.com Cashback” rewards are earned by Super+ Members when purchases are made with your Super.com Card anywhere Mastercard credit cards are accepted in accordance with the following:
- The Super.com Account will earn 10% cashback for every dollar spent on hotel booking purchases on the Site or in the Super.com App. Such purchases must be made with your Super.com Card, and Super.com must be the Merchant of Record; and
- The Super.com Account will earn 1% cashback for every dollar spent with your Super.com Card on all other credit purchases.
3. Purchase Limitations and Adjustments. A “purchase” is a charge for goods or services. The following transactions are not considered purchases for purposes of the Super.com Cashback Program and will not earn Super.com Cashback rewards: balance transfers, cash advances, cash-like items, taxes, peer-to-peer transfers, finance charges, unauthorized or fraudulent transactions, and fees of any kind. We reserve the right to determine whether a particular transaction is a qualifying transaction for purposes of what constitutes a purchase for the Program. If a refund or credit to the Super.com Card is initiated in connection with any purchase on which Super.com Cashback rewards were earned, your Super.com Cashback balance will be reduced by the number of Super.com Cashback rewards previously earned in connection with such returned or refunded purchase. Super.com Cashback will be earned in accordance with the applicable merchant’s categorization of purchases. Please note that merchants self-select the category in which purchases will be identified, and some merchants may be owned by other companies. Therefore, purchase transactions may not be categorized in the manner you expect. We are not responsible for any merchant’s categorization of a purchase.Purchases that are conducted through online or third-party payment accounts, mobile or wireless card readers, virtual wallets or similar technology may not be eligible for cashback if the technology does not provide sufficient transaction details for cashback qualification. Each purchase made on a Super.com Card is eligible for only a single Super.com Cashback reward. Super.com Cashback rewards cannot be combined.
4. Special Offer for New Accounts. We may offer promotional cashback for new accounts. Individual offers cannot be combined with any other offer or promotion of the Super.com Cashback Program. You will be eligible for only one offer per User Account during the offer period. Some restrictions will apply. The terms for a promotional offer will vary by promotional campaign and can be changed or discontinued at any time without notice. Republic Bank is not associated with any special cashback offers.
5. Terms.
- For so long as you remain a Super+ Member, Super.com Cashback rewards earned will be deposited into the Cardholder’s virtual cashback rewards wallet (the “Rewards Wallet”) daily. Super.com Cashback rewards will be applied to the Super.com Card only after the purchase has fully posted to the cardholder’s Super.com Card. If a purchase remains pending and does not post until after the end of the cardholder’s current billing period, the Cardholder’s Super.com Cashback rewards will be deposited into their Super.com Account at the end of the billing period following the purchase’s full posting to their Super.com Card.
- In the event a purchase is returned, canceled or voided after the Super.com Cashback rewards have been deposited into the Cardholder’s Reward Wallet and the Cardholder stops using their Super.com Card or ceases to be a Super+ Member and thus stops accruing Super.com Cashback rewards, Super.com will recover the Super.com Cashback rewards by the following methods: Super.com will first attempt to debit the amount from the Cardholder’s Rewards Wallet (assuming there is an adequate amount within the Rewards Wallet), or if the first option fails and there is an insufficient balance in the Cardholder’s Rewards Wallet, Super.com will debit the previously awarded Super.com Cashback rewards associated with the returned, canceled or voided purchase from the Cardholder’s Super.com Account.
- The Cardholder must transfer their cashback from their Rewards Wallet to the Digital Wallet in order for the Super.com Cashback rewards to be available for purchases, subject to the following redemption limitations: $200 daily, $250 weekly, and $1000 monthly. Negative balances may not be carried in the Rewards Wallet. There is no cap or expiration on Super.com Cashback rewards so long as you remain a Super+ Member and have a Super.com Account. However, should your Super.com Account be closed for any reason, your Cashback rewards will be forfeited. The Cardholder may use the cashback for: (i) Purchases; (ii) Cash Withdrawals; or (iii) Balance Payments.
- No Cardholder may access their Rewards Wallet or the Super.com Cashback rewards if their Super.com Card possesses a delinquent status. The Cardholder will be granted renewed access to their Rewards Wallet once their Super.com Card’s delinquency is cured and your Super.com Card is current.
- It is your responsibility to regularly monitor your Rewards Wallet and Digital Wallet to ensure that every earning of Cashback rewards and every redemption of such rewards is proper and accurate. It is also your obligation to timely report each and every suspected improper, unauthorized, or inaccurate Cashback rewards earnings, transfer from your Rewards Wallet, or redemption from your Digital Wallet. Timely reporting means no more than sixty (60) days after Cashback rewards earnings are posted to the Rewards Wallet or redemptions are made from your Digital Wallet, respectively.
6. Other Limitations. We reserve the right to interpret the Program rules and policies, including the provisions of this Addendum, in our sole discretion and will be the final authority on the Super.com Cashback Program. This Addendum, including the percentages of cashback and terms applicable to cashback are subject to change at any time for any reason, at our sole discretion. It is your responsibility to check this Addendum from time to time to understand the cashback rewards applicable to your use of your Super.com Account. Unless or until the Super.com Cashback rewards are redeemed in accordance with this Addendum, you have no right, title, or interest in the earned Super.com Cashback rewards.
7. Termination; Notice of Changes. We may modify, restrict, cancel, suspend, or terminate the Program at any time without compensation or prior notice to you, except as required by law. In the event the Super.com Cashback Program, your participation in the Program, or the Super.com Account is terminated or canceled by us, earned, but not redeemed Super.com Cashback rewards will be forfeited, except as required by law. All material changes to the Super.com Cashback Program will be reflected in this Addendum and will be effective immediately upon posting of the revised Addendum to the Site. You waive any right to receive specific notice of such changes, subject to applicable law.
8. Disclaimer of Warranties and Limitation of Liability. The Super.com Cashback Program is provided without representation or warranty of any kind, either express or implied, to the extent permitted by applicable law. Neither we, Card Services, nor any other service provider will be liable for any damages whatsoever, including, without limitation, direct, indirect, special, consequential, incidental, punitive damages or any other losses or expenses arising in connection with participation in the Program. You agree to release, discharge and hold harmless us, Super.com, and any other service providers from any and all claims of any sort, type, kind or nature that you may have arising out of or in any way relating to your participation in the Super.com Cashback Program or with respect to any Super.com Cashback rewards, including (but not limited to) claims for or due to personal injury, property damage, accident, sickness, delay, cancellation, postponement, inconvenience, penalty, fines, fees, refunds or other irregularities that may occur, are related to, or that may be caused by or arise out of participation in the Program. Notwithstanding the foregoing, we will be responsible for any damages resulting from our own gross negligence in performing our obligations under these Terms.
9. Program Website. Despite our best efforts to ensure accuracy, errors on our website regarding the Super.com Cashback Program may occasionally occur. We reserve the right to correct such errors at any time, even if it affects your Super.com Account balance. Neither we nor our service providers are responsible for any delay or difficulty accessing the Super.com Cashback Program through the Site or the Super.com App due to scheduled maintenance or circumstances beyond our control.
10. Contact. If you have any questions regarding your Card Account or the Super.com Cashback Program, you may contact us at finproductssupport@super.com, by phone at 1 (844) 461-2577, or by writing to Super.com at 18 Bartol Street, Unit #159, San Francisco, CA 94133.