Denarii Pay By Mobile SMS Terms and Conditions Privacy Policy

Terms and Conditions
Denarii Systems LLC, a Florida Limited Liability Corporation (the 'Company') provides a SMS service (the 'Service'), which allows you ('You', 'Your', ‘Customer’) to register, request and receive information related to your Denarii PayByMobile Visa Prepaid Card account via SMS text messages. Your use of the Service is governed by these terms of use and service agreement (this 'Agreement'). By checking 'accept' below, you expressly agree to be bound by the terms of this Agreement, and the Agreement shall be in effect so long as you use the Service.
Opt-in and Opt-out
All Opt-in registrations for the Service must be via our website at www.denariipaybymobile.com or through customer service at 1-888-608-7774. Commands and alerts can be activated when enrolling to the program or by updating your card account information online, reading and accepting the Terms and Conditions to Opt-in to the Service then register your mobile number and check the option to receive SMS. You must Opt-in via the website or customer service for SMS alerts before you can text the Service short code 76100 to receive balance alerts by means of SMS.
You may Opt-out of the Service at any time by texting STOP to 76100 . This will immediately unenroll you from the service and you will no longer receive text messages unless you Opt-in again via the Service website or through customer service. To receive help and information about the Service, call 1-888-608-7774 during customer service hours, send us an email to cs@denariipaybymobile.com, text HELP to 76100 or visit the FAQ section of our website www.denariipaybymobile.com. Unlimited Messaging. Msg&Data rates may apply. This service is available on the following participating carriers: AT&T, T-Mobile, Sprint, Verizon Wireless, Alltel, Virgin Mobile, Boost, Nextel, Cellular South, nTelos, U.S. Cellular, Dobson, Rural Cellular, East Kentucky Network, Cellcom, and Immix Wireless.

Fees
There are no fees assessed by the Company to you for a limited use of the Service. Message and data rates may apply.

Message Frequency
SMS messages will be delivered to you by the Service at a frequency that you specify. This may be one message for every transaction on your Denarii PayByMobile Visa Prepaid Card Account, and/or a daily Account Summary, and/or a weekly Account Summary. In addition, SMS messages sent by you to the Service short code 76100 will result in a response message. At any time, you can halt SMS messages Service according to the Opt-out procedure described above.

Your access and use of the Service
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of servers or other actions that the Company, in its sole discretion, may elect to take. The Company reserves the right to suspend or discontinue the availability of the Service and/or any portion or feature of the Service at any time in its sole discretion and without prior notice. Service availability and message delivery conditions may depend on or may be affected by your carrier´s capacity to deliver text messages; the Company is not responsible for carrier´s capacity to deliver text messages.

EXCLUSIONS OF WARRANTIES
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Security
You understand that the ability to access the Service is granted based on possession of the configured mobile phone, and agree that if you make available your mobile phone to any other individual then you are responsible for any subsequent access of the Service and release of Account information. If you believe that your mobile phone has been stolen and that someone may attempt to use the Service without your consent, you must notify the Service at once by calling 1-888-608-7774 during Customer Service hours, or disable the service at any time online through your Denarii PayByMobile Visa Prepaid Card Account.

Termination
You agree that the Company, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Service and/or change its content offering made available through the Service, if the Company believes that you have in any way violated any provisions of this Agreement. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to the Service.

Mobile Phone Number Changes
It is your sole responsibility to ensure that the mobile phone number in your Service profile is current and accurate. Changes can be made either online in your card account settings or by contacting Customer Service. The Service is not responsible for loss of messages if you do not provide accurate up to date information.
Alterations and Amendments
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates. In addition, as a part of the Service, you agree to receive all legally required notifications via electronic transmission.

Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY
1. Terms and Conditions for Denarii PayByMobile^RM Visa® Prepaid Card.
This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the Denarii PayByMobile^RM Visa Prepaid Card has been issued to you. By accepting and using this card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" means the Denarii PayByMobile^RM Visa Prepaid Card issued to you by MetaBank. "You" and "your" means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean MetaBank, our successors, affiliates or assignees. The Card will remain the property of MetaBank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

2. Definitions
The Card is a prepaid card. The Card allows you to access funds you place on the Card. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes The Card is not a credit card. You will not receive any interest on your funds on the Card. The funds on your Card will be FDIC insured provided your Card is registered. You may register your Card by going to www.denariipaybymobile.com or by calling 1-888-608-7774. Authorized Users: You may request an additional Card for another person. You may also permit another person to have access to your Card or Card number. However, if you do, you are liable for all transactions made with the Card or Card number by those persons. You must notify us to revoke permission for any person you previously authorized to use your Card. You are responsible for all transactions and fees incurred by you or any other person you have authorized. If you tell us to revoke another person’s use of your Card, we may revoke your Card and issue a new Card with a different number. You are wholly responsible for the use of each Card according to the terms of this Agreement.
Personal Identification Number ("PIN"):
We may, at our option, give you a Personalized Identification Number ("PIN"). If we give you a PIN, you may use your Card, (i) to obtain Cash from any Automated Teller Machine ("ATM") or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN, that bears the List all brand marks on the card, including ® brand. All ATM transactions are treated as Cash withdrawal transactions. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers." Loading Your Card: You may add funds to your Card, called “value loading”, at any time. The amount of each value load must be at least $20.00 with a maximum of $500.00;these cash load limits apply to temporary cards.Temporary cards may be loaded one time.Personalized cards value load must be $100.00 with a maximum of $3500.00. Personalized cards may be reloaded up to two times per day . You may find cash load locations and instructions at www.moneypak.com. Funds loaded with Direct Deposit are not subject to minimum or maximum value loads. (There is no limit on the number of times you may value load your Card. However, the maximum value load you may place on your Card when aggregated with any other Cards you have authorized is restricted to $3,500.00). You agree to present the Card and meet identification requirements to complete load transactions as may be required from time to time.

3. Using Your Card
You may use your Card to purchase or lease goods or services wherever the Card is honored as long as you do not exceed the value available on your Card. You are responsible for all transactions initiated by use of your Card. If you permit someone else to use your Card we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. If you do not have enough value loaded on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.


If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may use your Card to access cash at an Automated Teller Machine (ATM). You may not use your Card for any illegal transactions, use at casinos, and any gambling activity.
Maximum amount you can withdraw from an ATM is $1000.00 per 24 hours.
You should keep track of the amount of value loaded on Cards issued to you. You may call us at the Customer Service number shown on your Card and listed below at any time to obtain the current value on your Card. To reach us, call toll-free 1-888-608-7774 for the balance. Our business hours are Monday to Saturday, 8:00 AM to 8:00 PM EST. Excluding Holidays.
Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card (creating a “negative balance”) you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges. We reserve the right to bill you for any negative balance together with a negative balance fee of $29.95. You agree to pay us promptly for the negative balance and any applicable negative balance fees. We also reserve the right to cancel this Card should you create one or more negative balances with your Card.

You do not have the right to stop payment on any purchase transaction originated by use of your Card. 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 funds for up to 30 days.

4. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

5. International Transaction Fee
If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by “Visa U.S.A. Inc.” into an amount in the currency of your Card. “Visa U.S.A. Inc.” will establish a currency conversion rate for this convenience using a rate selected by “Visa U.S.A. Inc.” from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate “Visa U.S.A. Inc.” itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the Issuer. This percentage amount is independent of any amount taken by the Issuer in accordance with the following section of these Terms & Conditions.

If you obtain your funds in a currency or country other than the currency or country in which your Card was issued, the Issuer may increase the currency conversion rate (described in the immediately preceding section) up to an additional 1% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by “Visa U.S.A. Inc.”.

6. Receipts
You should get a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipt to verify your transactions.

7. Periodic Statements
Statements in electronic format will be made available free of charge at www.denariipaybymobile.com during each month in which a transaction occurs. You may choose to have a paper statement mailed to you. However, there is a fee for this service. You may obtain information about the amount of money you have remaining in your card account by calling 1-888-608-7774. This information, along with a 60-day history of account transactions, is also available on-line at www.denariipaybymobile.com.You also have the right to obtain a sixty (60) day written history of account transactions by calling 1-888-608-7774. or by writing us at Denarii PayByMobile^RM , P.O. Box # 191190 Miami Beach, FL 33119.

8. Fees and Charges

Privacy Policy

This Privacy Disclosure explains the privacy policies of MetaBank and DENARII SYSTEMS(“Company”) with respect to the Denarii Visa prepaid card program.

We are committed to protecting our customers’ privacy and security. This disclosure explains what information we collect about you, with whom we share it, and how you can direct us not to share certain information with certain parties.

DEFINITIONS

We, our, and us, means MetaBank and Company, the marketer for your Denarii Visa card issued by MetaBank.

You and your, means customers with a Denarii Visa card issued by MetaBank, as well as any consumers who enroll for a Denarii Visa card issued by MetaBank.

Nonpublic personal information, means information about you that we collect in connection with providing a financial product or service to you. Nonpublic personal information does not include information that is available from public sources, such as telephone directories or government records. Hereafter we will use the term “information” to mean nonpublic personal information as defined by this section.

Affiliate, means a company MetaBank or Company owns or controls, a company that owns or controls MetaBank or Company, or a company that is owned or controlled by the same company that owns or controls MetaBank or Company. Ownership does not mean complete ownership, but means enough to have control.

Nonaffiliated third party, means a person not employed by MetaBank or Company or a company that is not an affiliate of MetaBank or Company.

Opt out, means a choice you can make to prevent certain sharing or use of information. We will explain how you can exercise this choice.

INFORMATION WE COLLECT AND DISCLOSE

We collect and may disclose the following information about you:

Information you provide on applications or other forms, such as name, address, e-mail address, social security number, telephone number, and date of birth; Information about your transactions with us, our affiliates, or other parties, such as card balance, payment history, parties to transactions, and card usage; and Information we receive from a consumer reporting agency, such as verification of your identity and creditworthiness.

We may also collect and disclose information about how users use our website, for example, by tracking unique views received by pages of the website or the domains from which users originate. This information is not personally identifiable. We may also use “cookies” to track returning users to our website. A cookie is a piece of software that a Web server can store on the users’ PCs and use to identify the users should they visit the website again. Information collected may be associated with nonpublic personal information users provide us through our website.

INFORMATION WE SHARE WITH SERVICE PROVIDERS OR JOINT MARKETERS

We may disclose all of the information we collect, as described above, to companies (including affiliates) that perform services on our behalf, including those who assist us in preparing and mailing statements (if applicable) and responding to customer inquiries. We may provide that information, except for information from consumer reporting agencies, to others who perform marketing services for us and to financial institutions that are not our affiliates with whom we jointly offer financial products or services. You do not have the right to opt out of the disclosure of this information.

INFORMATION WE SHARE WITH AFFILIATES

Our respective affiliates include nonfinancial companies, and may include financial service providers, such as insurance companies. In addition to the information we share with affiliates that provide services to us, we may share information described above among our respective affiliates in order to provide you with information about additional products and services. You have the choice to opt out from our sharing of information with affiliates although, even if you opt out, we may still disclose your information as permitted by law.

INFORMATION WE SHARE WITH NONAFFILIATED THIRD PARTIES

We may disclose information to third parties who do not belong to our corporate family. These nonaffiliated third parties may include financial services providers, such as mortgage and insurance companies; nonfinancial companies, such as direct marketers, retailers and publishers; and others, such as nonprofit organizations.

You have the choice to opt out from our sharing of information with these types of third parties although we may still disclose your information as permitted by law. In addition, we generally will not disclose information to nonaffiliated third parties as long as your billing address is in California or Vermont except as permitted by law.

YOUR RIGHT TO OPT-OUT OF DISCLOSURES TO AFFILIATES AND NON-AFFILIATED THIRD PARTIES

If you prefer that we not share nonpublic personal information about you with third parties, you may opt-out of those disclosures at any time by directing us not to make those disclosures (other than disclosures permitted or required by law). You may opt-out by calling Company’s Customer Service at 1-888-608-7774 or by writing to us at DENARII SYSTEMS LLC, P.O. BOX# 191190, MIAMI BEACH, FL 33119 .

INFORMATION SECURITY

We restrict access to nonpublic personal information about you to our employees who have a need to know such information (e.g., to process your transactions). We train our employees on the importance of customer privacy and confidentiality. We also maintain physical, electronic, and procedural safeguards that comply with federal standards to guard the nonpublic personal information of our customers.

INFORMATION ABOUT FORMER CUSTOMERS

The privacy policies and practices described in this Privacy Disclosure also apply to our former customers.

PRIVACY PRACTICES OF THIRD PARTIES

Our website may feature links to third-party sites that offer goods, services, or information. We are not responsible for content or privacy policies or practices of any advertisers or linked sites of any third parties. We encourage you to review their privacy policy before providing them with any personally identifiable information. Third party sites may collect and use information about you in a way that is different from this policy.

ACCESS OR CORRECT YOUR INFORMATION

You can access most of your nonpublic personal information that we collect online and maintain at . You can correct factual errors in your nonpublic personal information by contacting us at the number or address listed above.

CHANGES TO THIS PRIVACY DISCLOSURE

We may change our Privacy Disclosure from time to time. We will provide current customers with a revised disclosure that describes the new practices as required by law.

SPECIAL NOTICE FOR CALIFORNIA RESIDENTS

In order to comply with California law, if our records with respect to your card indicate a California address we will not disclose information that we have about you outside of our family of companies, unless otherwise permitted by law.

SPECIAL NOTICE FOR VERMONT RESIDENTS

In order to comply with Vermont law, if our records with respect to your card indicate a Vermont address we will not disclose nonpublic personal financial information about you to nonaffiliated third parties, other than permitted by law, unless you authorize us to make that disclosure. Your authorization must be in writing or, if you agree, in electronic form. If we disclose information about you to nonaffiliated third parties with whom we have joint marketing agreements, we will only share information about your name, contact information, and our own transactions and experiences with you.

QUESTIONS

If you have any questions regarding this Privacy Disclosure, you can contact us at 1-888-608-7774.

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