Effective Date: August 1, 2021
This Agreement for Electronic Transactions and Consent to Electronic Records (“Agreement”) is between the individual who accesses the Netspend App or who uses the Services (“You” and “Your”) and Netspend Corporation (“Netspend”) or, as the case may be, You and Netspend’s service provider in connection with transactions You conduct in Your Netspend Account.
Under this Agreement, You are being asked to agree to two main provisions: first, you are asked to acknowledge and agree to conduct transactions through electronic methods; and, second, you are asked to acknowledge and agree to receive all documents and communications via electronic records (e.g., email, PDF, or text messages), instead of through paper records.
This Agreement governs the Your access to and use of the Netspend mobile app (the “Netspend App”) and each of the related products and services provided to You (“Services”).
Please carefully read this Agreement and retain a copy for Your records.
IF YOU DO NOT AGREE TO CONDUCT TRANSACTIONS THROUGH ELECTRONIC METHODS AND TO RECEIVE ALL DOCUMENTS AND COMMUNICATIONS VIA ELECTRONIC RECORDS, THEN YOU MAY NOT OPEN A NETSPEND ACCOUNT OR YOUR NETSPEND ACCOUNT WILL BE TERMINATED.
Notwithstanding this Agreement, Netspend reserves the right to act, in Netspend’s sole discretion, to provide a paper copy of any Electronic Record (defined below) to You; however, unless Netspend provides its express agreement, you may not substitute a paper copy for any Electronic Record.
You acknowledge and agree that:
(i) Each of the parties to this Agreement shall have the right to use an electronic method to conduct any transaction relating to the Netspend App or to any aspect of the Services; and
(ii) Notwithstanding clause (A)(i), any party may elect to use other methods, such as to transact orally over the telephone, but the use of another method does not modify or revoke the parties’ general agreement to conduct transactions using electronic methods.
When you access the Netspend App or use a Service, You are consenting to receive any and all agreements, documents, notices, receipts, or statements in an electronic form (each an “Electronic Record”) relating to the Netspend App or any aspect of the Services.
In particular, You acknowledge and agree that:
1. Netspend or its service provider may provide any Electronic Record to You, including any agreement, document, notice, receipt, or statement in an electronic form, and not necessarily in a paper document;
2. Your electronic signature on any Electronic Record has the same effect as if You signed a paper document;
3. Netspend or its service provider may provide an Electronic Record, instead of a paper document, to provide information or to give any notice that is required by law to be disclosed or provided in writing, including information regarding Your legal rights or duties;
4. Your smartphone, computer, or other electronic device (“Device”) meets the specifications and requirements listed below, and Your Device permits You to access, receive, and retain the Electronic Records; and
5. You shall, at all times, provide Netspend with Your then-current email address, contact information, and any other information that Netspend may need to communicate with You via electronic methods.
You agree that when You use any of the Services any and all information may be provided to You via Electronic Records, such as via email, to a website or link that is included in an e-mail notice, or through other means to Your Netspend Account where you can review the Electronic Records using Your Device.
You agree that the delivery of each Electronic Record (and the Electronic Record itself) shall have the same meaning and effect as if a paper document is provided to You, regardless of whether You choose to open or view an Electronic Record.
You also acknowledge and agree that You have the hardware and software described in Section D, that You are able to receive and review Electronic Records, and that You have an active email account.
Your consent to receive Electronic Records shall last until You revoke Your consent, and You agree that any revocation You elect to make may be effective only if You communicate Your decision in accordance with the instructions described in Section E.
You shall, at all times, provide a true, accurate, and complete email address, as well as other contact information (such as Your mobile telephone number), as may be requested, in order to communicate with You.
You shall promptly notify Netspend of any change in Your email address or any other necessary contact information. Neither Netspend nor its service provider shall be at fault, and shall not bear any liability, if You fail to update Your email address or any other necessary contact information.
If Netspend sends an email message to You regarding any electronic communication or any transaction and uses the email address that You have provided in the Netspend App or in the Netspend Account, Netspend shall be deemed to have provided notice or completed that transaction with You. If such an email is returned as undeliverable, Netspend shall not have any duty to re-deliver the email unless and until You provide an updated email address, and subject to any conditions that Netspend may impose to maintain its security controls for the Netspend App or the Netspend Account.
If Your email address is no longer valid, Netspend reserves the right to determine that Your Netspend Account is inactive. You will not be able to conduct any transaction using the Netspend App or in Your Netspend Account until You update your email address in your Netspend Account profile.
You may change the email address on record in Your Netspend Account by making the necessary modification in the profile page or by contacting Netspend at 1-844-985-3596.
From time to time, Netspend may provide You with separate instructions to update your email address in the Netspend Account.
To access or to view Electronic Records, You will need:
The term “Current Version” means a version of the software that Netspend supports and that is currently being supported by the publisher of that software.
As permitted by and in accordance with applicable law, Netspend reserves the right to discontinue support of a Current Version of software for any reason, including Netspend’s own determination that the software suffers from a security defect or other flaw that makes the software unsuitable for use with the Netspend App or any website for providing the Netspend Services.
Your consent to receive Electronic Records is effective until further notice by Netspend (either for itself or when Netspend directs its service provider to do so) or until You withdraw or revoke Your consent to receive Electronic Records.
You may withdraw or revoke Your consent to receive Electronic Records at any time. However, in order to communicate Your election to withdraw or revoke Your consent to receive Electronic Records, You must either:
(i) Select the “Contact Us” button in Your Netspend App; or
(ii) Submit Your decision to Netspend, in writing, to: 258 3rd Avenue, Venice, CA 90291.
Any election You make to withdraw or revoke Your consent to receive Electronic Records shall take effect only after Netspend has a reasonable period of time to process Your election.
If You withdraw or revoke Your consent, You may not be permitted to use the Netspend App or some or all of the Services. Moreover, if You withdraw or revoke Your consent to receive Electronic Records, Netspend may, in its sole discretion, close Your Netspend Account.
You understand that You may have a right to receive information required to be delivered to you in paper form. To exercise any right You may have to request a paper copy of any document, at no charge to You, please write to Netspend Technologies, Inc. 258 3rd Avenue, Venice, CA 90291 within 180 days of the date of the disclosure. In Your request, please specify the paper document You wish to receive.
For the avoidance of doubt, if You request a paper document, Your request, in and of itself, shall not constitute Your withdrawal or revocation of Your consent to receive Electronic Records.