Terms of Service

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY MAY AFFECT YOUR RIGHTS AND OBLIGATIONS AS A TANDP, LLC CUSTOMER.

These TandP, LLC Terms and Conditions (“Agreement”) is a contract between You (“you,” “your,” or “User”) and TandP, LLC d/b/a Track-n-Pay, LLC (“TANDP, ” “us,” or “our”) and applies to your use of the TANDP payment service and Electronic Wallet (“E-Wallet”) and any related products and services available through www.tandp.com or TandP Shield™ services (collectively, the “Service”). If you do not wish to agree to be bound by this Agreement, then do not use or access the Service.

If you do not wish to agree to be bound by the terms and conditions of this Agreement, then please do not use or access the Service.

Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other websites will be governed by the terms and conditions posted on those websites. We may amend this Agreement at any time by posting the amended terms on our website. the amended Agreement will be effective as of the date of posting.

Definitions

• “TANDP” means TandP, LLC and its affiliates and subsidiaries.
• “Text Message Service” includes any arrangement or situation in which TandP sends (or indicates that it may send, or receives a request that it send) one or more text messages.
• “Opting In,” “Opt In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.
• “Your Information” is defined as any information you provide to us or other Users in the registration, payment process, or other features of our Service. You are solely responsible for the truth and accuracy of Your Information.

TERMS

1. Eligibility

In order to use the Service, you must register for an account (the “Account”). Users may only hold one Account. The Service is only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to minors (18 years of age or 21 years of age depending on jurisdiction), persons who are suspended from the Service, or to persons who present an unacceptable level of credit risk, in our sole and unfettered discretion.

2. Relationship with TANDP

TANDP acts as a facilitator to help you accept payments from, and make payments to, third parties, and effect other electronic payment transactions. TANDP is not a bank and TANDP does not act as a trustee or escrow agent for funds in your Account. Instead, as a payment service provider and program manager, we have arrangements with sponsoring financial institutions identified on our website. These sponsoring financial institutions hold all funds deposited in your Account. You acknowledge that: (i) TANDP is not a bank and the Service is a payment processing service, and (ii) TANDP is not acting as a trustee, fiduciary or escrow with respect to your funds, but only as a payment service provider. You agree that you will not receive interest or other earnings on the funds held in your Account.

3. Identity Authentication

We use many methods to identify our Users when they register on our website for the Service. Verification of Users is only an indication of increased likelihood that a User’s identity is correct. You authorize TANDP, directly, or through third parties, to make any inquiries we consider necessary or appropriate to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, TANDP cannot and does not guarantee any user’s identity.

4. Release

In the event that you have a dispute with one or more Merchants, you agree to release, indemnify and hold harmless TANDP (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

5. No Warranty

WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.TANDP shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing an electronic payment transaction. The Service is largely dependent upon many factors outside of our control, such as for example, delays in the banking system.

6. Limitation of Liability

IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, AFFILIATES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT AND PROVEN DAMAGES.

7. Indemnification

You agree to indemnify and hold TANDP, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of actions related to your Account and your use of the services and any breach by you of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of your Account or the Service.

8. Use

To be eligible for an Account, you must be a resident of the United States.

9. Funding

When you request to fund your Account, each such request constitutes a valid authorization for us to deduct the amount specified in your request directly from your designated bank account, authorized direct deposit, remote deposit capture or charge your Bank Card (Credit/Debit) which you have used registered and connected to your Account. The amount withdrawn will be displayed and authorized by you prior to the completion of the withdrawal transaction. We will also notify you at your registered email address of the completion of the transaction. In the event your transaction is denied by your financial institution, for reasons of insufficient funds, closure of account, or if the bank account number is incorrect, we may re-present it at our sole discretion, along with a service fee of up to $30.00. This transaction may be re-presented to the bank either electronically or by paper.

10. Withdrawals

In order to withdraw money from your TANDP Account, we require you to provide us with a number of forms of identification as further described and protected in our Privacy Policy. We require this information to authenticate your identity and to determine how much you may withdraw from your Account per month. We may limit withdrawals and require additional information from you depending upon the location of your residence, credit rating, and other factors deemed necessary or appropriate in our discretion. Generally, in order to withdraw more than US$500 per month, we require you to complete some additional authentication procedures, such as confirming: your email address from your Account, your bank account, and your social security number. You may withdraw funds by direct deposit to the bank account you have on file with us or you may elect to receive a physical check, for a nominal processing fee. Generally, checks will only be sent to a previously confirmed address.

11. Electronic Transfers

When you make a payment through TANDP that is funded with an electronic check, or charged to your Bank Card (Credit/Debit) which you have registered and connected to your Account and when you initiate a transaction that exceeds the balance in your Account, you are requesting an electronic transfer from the bank account tied to your Account or charge the Bank Card on file with TANDP. Upon such request, TANDP may make electronic transfers via the Automated Clearing House (ACH) system from your bank account or charge your Bank Card (Credit/Debit) which you have registered and connected to your Account in the amount necessary. You agree that such requests constitute your authorization for such transfers. TANDP will never make transfers from your bank account or charge your charge your Bank Card without your authorization.

12. Restricted Activities

Your Information and your activities (including your payments and receipt of payments) through our Service shall not:
(a) be false, inaccurate or misleading
(b) be fraudulent or involve the sale of counterfeit or stolen items
(c) consist of providing yourself a cash advance from your credit card (or helping others to do so)
(d) violate TANDP’s Acceptable Use Policy
(e) infringe on any third party’s copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy
(f) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising)
(g) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing
(h) be obscene or contain child pornography
(i) contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information
(j) create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers.
If we believe that you’ve engaged in any of these activities, or if you use, or attempt to use the Service for purposes other than sending and receiving payments and managing your Account, including but not limited to tampering, hacking, modifying, reverse engineering, decompiling, or otherwise corrupting the security or functionality of the Service, we may take a number of actions to protect TANDP, its customers and others in our sole discretion. These actions may include: closing or suspending your Account and you will be subject to payment of all damages, including attorneys fees and other penalties suffered by TANDP or third parties as a result of your acts, and you may face criminal prosecution where available; withholding the balance in your Account; and exercising any other remedies provided for in this Agreement or otherwise permitted by law.

13. Trademarks

TANDP, and all related logos, products and services described in this website are either trademarks or registered trademarks of TANDP Inc., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of TANDP. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of TANDP and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TANDP. Notwithstanding the foregoing, HTML logos provided by TANDP through its Affiliate Program may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to TANDP or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by TANDP. TANDP is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14. Privacy and Security

We do not sell or rent Your Information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of Users’ privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers that are protected by physical as well as technological security devices. You should only log in to your TANDP Account on a page which begins with https://tnpshield.com/. All of our pages begin with https://tnpshield.com and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.tnpshield.com. If you object to Your Information being transferred or used in this way, please do not use our Services.

15. Termination or Closing Your Account

Except in certain cases, you may close your Account at any time by notifying Customer Service at support@tandp.com. Upon closure of an Account, any pending transactions will be canceled. Any funds that we are holding in your Account for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled. In certain cases, You may not close your Account on request, including: as a means of evading withdrawal limits on new unverified Users; as a means of evading investigation; if an investigation is pending at the time you request closure of your Account, TANDP may continue to hold your funds for up to 180 days as appropriate to protect TANDP against the risk of reversals or other liabilities and risks. If you are later determined to be entitled to some or all of the funds in dispute, TANDP will release those funds to you. You will remain liable for all obligations related to your Account even after such Account is closed. We reserve the right to terminate your Account for violation of this Agreement, or in the event we suspect your Account activity has been fraudulent, or if your Account has been inactive for a period of 150 days. If your Account has been inactive for the specified period, we will follow applicable state law governing abandoned accounts, including using reasonable efforts to contact you, and if we do not hear from you, we may be required by law to escheat abandoned funds in your Account to the applicable state. Termination of your Account will result in termination of this Agreement.

16. Remedies and TANDP’s Right to Collect from You

Without limiting other remedies we may have at law or in equity, we may update inaccurate or incorrect information you provide to us, contact you by means other than electronically, immediately warn our community of your actions, place a hold on funds in your Account, limit funding sources and payments, limit access to an Account and any or all of the Account’s functions (including but not limited to the ability to send money or make withdrawals from the Account), limit withdrawals, indefinitely suspend or close your Account and refuse to
provide our Services to you if:
(a) you breach this Agreement or the documents it incorporates by reference
(b) we are unable to verify or authenticate any information you provide to us;
(c) we believe that your Account or activities pose a significant credit or fraud risk to us
(d) we believe that your actions or transactions in your Account may cause financial loss or legal liability for you, our users or us
(e) we suspect someone could be using your Account without your knowledge
(f) your use of your TANDP Account is deemed by TANDP, a payment card network or ACH processors to constitute abuse of applicable rules or policies or a violation of applicable laws or regulations
(g) your account activity is otherwise limited due to applicable laws or regulations Even if they have been recorded as completed in the “Recent Activity” or “History Transaction Log” of your TANDP Account, transactions are not considered completed until the funds have been charged to the customer’s funding source (for payments) or posted to the customer’s bank account (for withdrawals). In addition, TANDP reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for Accounts conducting high transaction volumes to ensure integrity of the funds. If we close your Account, we will provide you notice and pay you all of the unrestricted funds held in your TANDP Account, subject to withholding such amounts as are necessary to protect us from any reversals or other liabilities and risks. Additionally, to secure your performance of this Agreement and all obligations owed by you to TANDP, you grant to TANDP a lien on and security interest in your Account and all funds credited to your Account. In addition, you acknowledge that TANDP may setoff amounts owed to you against any obligation you owe TANDP at any time and for any reason. These obligations include both debts you owe individually or together with someone else. TANDP may consider this Agreement as your consent to TANDP’s right to assert its security interest or exercise its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights and remedies TANDP may have.

17. Assignability

You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of TANDP. TANDP reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

18. Legal Compliance

You shall comply with all applicable Canadian, U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Service, the Account and the use of the funds in your Account.

19. Electronic Communications

You agree that this Agreement constitutes “a writing signed by You” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your Account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from TANDP in electronic form as described in our Electronic Communications Policy. Acceptance of this Agreement also serves as your agreement to our Electronic Communications Policy and E-Sign Consent. Electronic Communications may be posted on the pages within the TANDP website and/or delivered to your e-mail address. You should print a copy of any Communications and retain it for your records. All Communications in electronic format will be considered to be in “writing,” and to have been received 24 hours after posting on our website or email to you, whether or not you have received or retrieved the Communication.

20. Unauthorized Transfers from your E-wallet Account

You agree to notify us immediately upon becoming aware of any error or omission by us related to funds held in your E-wallet Account. When you contact us, you must provide: (i) your name; (ii) a description of the suspected error or omission, an explanation of why you believe it is an error or why you need more information; and (iii) the dollar amount of the suspected error. If you provide this information orally, we may require that you also send written notification within ten (10) business days. We will generally tell you the results of our investigation into the suspected error within ten (10) business days of receipt of your written notification (or your oral notification, if no written notification is requested). However, if necessary, we may take up to forty-five (45) days to complete our investigation. If we do so, we will provisionally credit funds to your E-wallet Account within ten (10) business days for the amount of the suspected error. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days, we may not provisionally credit funds to your E-wallet Account. We will correct any confirmed error promptly. If we determine there was no error, we will mail you a written explanation within three (3) business days of completing our investigation, and we may revoke any provisional credit provided to you. You may ask for copies of documents used in our investigation.

21. Unauthorized Bank Card Transactions

We treat unauthorized transactions seriously and will provide you with all the support we can to help you resolve an unauthorized transaction on a Bank Card associated with your E-wallet Account. You should, however, follow the terms of your Card agreement and contact the issuer of the Card immediately upon becoming aware of any unauthorized transfers and follow the Card issuer’s process for unauthorized transactions and disputed transactions. You agree to allow us to take actions to recover any amounts due to cover your liability. However, fraudulent transactions may result in the loss of your money with no recourse.

22. Tandp Prepaid Cards

We are able to provide you with access to prepaid payment cards (“Tandp Prepaid Cards”) issued by a financial institution prepaid card issuer (the “Prepaid Card Issuer”) under the Tandp Prepaid Card Program. When you use a Tandp Prepaid Card, you also agree to the Tandp Prepaid Card Program Agreement (“Tandp Prepaid Card Terms”), which may be updated from time to time. The Prepaid Card Issuer determines the Tandp Prepaid Card Terms and those terms are an agreement between you and the Prepaid Card Issuer, not us. In the event of any inconsistency between this E-wallet Account Agreement and the Tandp Prepaid Card Terms, the Tandp Prepaid Card Terms shall govern your use of the Tandp Prepaid Cards and your relationship with the Prepaid Card Issuer. Go to the Tandp Prepaid Card Program on our website for more information on Tandp Prepaid Cards, including the Tandp Prepaid Card Terms, contact information for Tandp Prepaid Card Issuers, and operation of the program.

23. Telephone and Other Communications

(a) You agree that we, and our affiliates, agents, contractors and marketing partners, may listen to or record telephone calls between you and our representatives without additional notice to you; (b) You agree that we, and our affiliates, agents, and contractors, may monitor or record any calls between you and us. If we need to contact you to service your Account or to collect amounts you owe to us, you authorize us, and our affiliates, agents and contractors, to contact you at any number (i) you have provided to us, (ii) from which you called us, or (iii) which we obtained and believe we can reach you at. We may contact you in any way, such as calling, texting or email. We may contact you using an automated dialer or using pre-recorded messages. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider; (c)You also agree that we, and our affiliates, agents and contractors, may use other medium, as permitted by law and including, but not limited to, mail and email, to contact you about your Account or to offer products or services that may be of value to you. Text messaging (a/k/a “SMS”) is one method that we use to communicate with our customers. After Opting-In to receive our text messaging alerts, we may send you periodic texts that could include benefit reminders, receipts, disclosures, and other important information. The frequency of our text messages may vary. By “Opting In” to or using a TandP “Text Message Service” (as defined below), you accept these Terms and Conditions and agree to resolve disputes with TandP through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, as more fully described in the “Disputes” section below.

24. Fees

You agree to pay our standard Account and Service fees and charges. We reserve the right to change our standard fees and charges from time to time.

25. Credit Report

At Account opening and whenever we reasonably believe there may be an increased level of risk associated with your Account, you agree that TANDP may order and review your credit report with the sole purpose of assessing your eligibility to hold a TANDP Account and/or to use the Service.

26. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to TANDP Inc., Attn: Legal Department, 1645 S. River Road, Des Plaines Illinois 60018 Notice shall be deemed received on the next business day after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to TANDP during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. For the purposes of this Agreement, a “business day” is a date other than a Saturday, Sunday, or a day that a bank is not open for retail banking business in the City of Des Plaines, Illinois USA.

27. Agreement to Arbitrate

In the event a dispute arises between you and TANDP, our goal is to provide you with a neutral and costeffective means of resolving the dispute quickly. Accordingly, you and TANDP agree that any controversy or claim at law or equity that arises out of this Agreement or TANDP’s Service (“Claims”) shall be resolved by arbitration. The arbitration shall be conducted in the City of Chicago, Illinois, USA by a single arbitrator, in the English language. The Rules of Arbitration shall be as prescribed under the Arbitrations Act (USA, Illinois) and the decision of the arbitrator shall be final and binding upon all the parties thereto and shall not be subject to appeal. The cost of any arbitration shall be borne equally by the parties. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER WE NOR YOU MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ACCOUNTHOLDERS AS A CLASS.

28. Governing Law

The laws of the State of Illinois, USA applicable therein govern this Agreement. You agree to the nonexclusive jurisdiction of the courts in the City of Chicago in the County of Cook with respect of any dispute or disagreement arising under this Agreement.

29. Severability

In the event that any part of this Agreement is declared to be void or unenforceable, such provisions shall be deemed to be severed from this Agreement and the remainder of this Agreement shall remain full force and effect, and shall be modified to any extent necessary to give such force and effect to the remaining provisions. No delay or forbearance in the strict observance of performance of any provisions of this Agreement, nor any failure to exercise a right or remedy hereunder, shall be construed as a waiver of such performance, right, or remedy as the case may be.

30. USA PATRIOT Act

Important information for opening a card account: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions to obtain, verify, and record information that identifies each person who opens a card account. What this means for you: When you open a card 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.

31. Issuer Statement

The Tandp Reloadable Prepaid MasterCard® Card is issued by Patriot Bank, N.A., member FDIC, pursuant to a license by MasterCard International. The TandP Reloadable MasterCard® Prepaid Card is issued by Patriot Bank, N.A., member FDIC, pursuant to a license from MasterCard U.S.A. Inc.

32. Customer Support

Questions regarding our Service may be reported to Customer Support online at support@tandp.com at any time, or by calling +1-847-827-0100 (24 Hours).