Digital Wallet Terms and Conditions

These Digital Wallet Terms and Conditions ("Terms") govern your use of a Portage Bank debit card linked to a deposit account ("Portage Debit Card") when added to an electronic wallet ("Digital Wallet"). This wallet enables you to make (i) contactless payments at merchants equipped with contactless-enabled payment terminals or readers, allowing you to use your Portage Debit Card without presenting the physical card, and/or (ii) in-app or other digital payments at participating merchants. These Terms apply to you and anyone you authorize to use your Digital Wallet. If you disagree with these Terms, please do not use the Digital Wallet. Portage Bank retains the right to modify these Terms at any time without prior notice, as permitted by law, and your continued use indicates your acceptance of any changes.

Using the Digital Wallet

Adding Your Portage Debit Card

You can add an eligible Portage Debit Card to the Digital Wallet by following the instructions provided by the Digital Wallet provider. If your Portage Debit Card is not in good standing or if your account is frozen, you will be unable to add the card to the Digital Wallet, and it may be removed if it was previously added. When your Portage Debit Card is in the Digital Wallet, you can use it for transactions at locations that accept the Digital Wallet, but it may not be accepted everywhere your Portage Debit Card is typically valid.

Applicable Terms

Alongside these Terms, you agree that using the Digital Wallet means you will also adhere to the terms and conditions of any existing agreements you have with Portage Bank, its affiliates, your mobile service provider (e.g., AT&T, Verizon, Sprint, T-Mobile), and your Digital Wallet provider (e.g., Apple, Google, Samsung). These Terms do not replace any of those agreements, including but not limited to your Deposit Account Agreement with Portage Bank. You acknowledge that these agreements may include fees, limitations, and restrictions that could affect your use of the Digital Wallet (such as data usage or text message fees imposed by your mobile carrier), and you accept responsibility for all associated fees and limitations.

You understand that only your mobile service provider or Digital Wallet provider is responsible for their respective services. Therefore, you agree to address any issues with your carrier or Digital Wallet provider directly, without involving Portage Bank. Portage Bank is not liable for the security, accuracy, legality, or appropriateness of the content or functionality of the Digital Wallet or any third-party products or services.

Notifications

You consent to receive notifications from Portage Bank and/or the Digital Wallet provider through the Digital Wallet regarding your Portage Debit Card account activity and marketing messages. If you wish to opt out of these notifications, you can disable them in your mobile device settings or through your Digital Wallet provider's procedures.

Card Suspension/Removal

Portage Bank reserves the right to discontinue the Digital Wallet service at any time for any reason. Unauthorized use of the Digital Wallet, including unauthorized access to Portage Bank systems, password misuse, or any form of unauthorized activity, is strictly forbidden and may lead to the suspension or termination of your access to the Digital Wallet. You must not use the Digital Wallet in a way that could harm or overload the service. Portage Bank may restrict, suspend, or terminate your access to the Digital Wallet at any time without notice for any reason, including violations of these Terms or any other agreements with Portage Bank, unless otherwise required by law. You agree that Portage Bank will not be liable for any suspension, cancellation, or termination of your access to the Digital Wallet.

To remove your Portage Debit Card from the Digital Wallet, please contact the Digital Wallet provider.

Privacy and Security

The personal information you provide when adding your Portage Card to the Digital Wallet will be shared with the Digital Wallet provider and Portage Bank. When you use your Portage Debit Card within the Digital Wallet, transaction information will also be shared with both the Digital Wallet provider and Portage Bank. By using the Digital Wallet, you consent to Portage Bank sharing information (including personally identifiable information) with the Digital Wallet provider to facilitate transactions. Additionally, Portage Bank may share non-personal information with the Digital Wallet provider to enhance the service. Portage Bank does not control the privacy and security of your information held by the Digital Wallet provider, which is governed by that provider’s privacy policy. For more details on Portage Bank’s privacy practices in relation to your Portage Card use in the Digital Wallet, please visit [Portage Bank's Privacy Policy].

Disclaimer of Warranty and Limitation of Liability

The services and information provided through the Digital Wallet are offered on an "AS IS" and "AS AVAILABLE" basis. Portage Bank does not guarantee the accuracy, reliability, or suitability of any information or services provided through the Digital Wallet, and disclaims any implied warranties, including those of merchantability or fitness for a particular purpose. Portage Bank is not liable for any losses or damages resulting from third-party interception of information or from any inaccuracies in the Digital Wallet services.

Portage Bank, its affiliates, directors, officers, employees, and third-party vendors are not responsible for any losses or damages you may incur due to failures or interruptions of the Digital Wallet, including but not limited to:

  • Errors, acts, or omissions in the Digital Wallet’s technical operation or content

  • Data or content within the Digital Wallet or any services offered through it

  • Actions taken related to investigations by Portage Bank or law enforcement regarding your Digital Wallet use

  • Any other issues relating to your access to or inability to use the Digital Wallet

Portage Bank and these parties are not liable for any direct, special, indirect, punitive, consequential, or incidental damages, even if they were warned of potential damages. This liability limitation includes issues such as virus transmission, equipment failures, unauthorized access, and force majeure events. Portage Bank cannot guarantee uninterrupted or secure access to the Digital Wallet.

IN NO EVENT WILL PORTAGE BANK OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY.

Certain jurisdictions may not allow limitations or exclusions of certain warranties and damages, so some provisions may not apply to you.

By using this Digital Wallet, you agree to indemnify, defend, and hold Portage Bank and its affiliates harmless from any claims, demands, or liabilities arising from: (A) your breach of these Terms; (B) your violation of laws; (C) third-party claims related to your use of the Digital Wallet; (D) information transmitted through your account; (E) any misrepresentations you make; (F) unauthorized use of your password; (G) your authorization of others to use your password. You will fully cooperate with Portage Bank in the defense of any claims. Portage Bank reserves the right to assume exclusive defense of any matter for which you must indemnify them, and you cannot settle any matter without Portage Bank's written consent.

Miscellaneous

These Terms are governed by Washington state law, without regard to conflict of laws principles, and both parties waive their right to a jury trial. Any legal action regarding the Digital Wallet must be initiated within one (1) year of the claim arising. If any provision of these Terms is found to be unenforceable, it will be enforced to the fullest extent possible, and the remainder of the Terms will remain in effect. These Terms constitute the complete agreement between you and Portage Bank regarding the Digital Wallet, superseding all prior communications and agreements.

These Terms were last updated on September 29th, 2024.