PLEASE REVIEW THESE TERMS BEFORE ACTIVATING OR USING YOUR FLEET CARD IN THE DIGITAL WALLET. BY DOING SO, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACTIVATE OR USE A FLEET CARD IN A DIGITAL WALLET.
TERMS
These Terms (the “Terms”) apply when you choose to add your physical or virtual Fleet Card (“Card”) to a Digital Wallet (“Digital Wallet”). In these Terms, “you” and “your” refer to the cardholder or a person authorized by the cardholder to use the Card. “We,” “us,” and “our,” refer to Fleet, Inc.
ADDING YOUR CARD
You can add an eligible Card to the Digital Wallet by following the instructions of the Digital Wallet provider. When you add a Card to the Digital Wallet, the Digital Wallet allows you to use the Card to enter into transactions where the Digital Wallet is accepted. The Digital Wallet allows you to make purchases using an added Card wherever the Digital Wallet is accepted. The Digital Wallet may not be accepted at all places where your Card is accepted.
TERMS THAT APPLY
The terms of use for the Card do not change when you add your Card to the Digital Wallet and these Terms do not amend or supersede such Card agreements. You understand that the Digital Wallet simply provides another way for you to make purchases with the Card and that your existing agreements or terms of service for the Card continue to apply to any Card transactions made through the Digital Wallet. You understand that your use of the Digital Wallet will also be subject to agreements or terms of service with each Digital Wallet provider (“Digital Wallet Provider”) or other third parties such as wireless companies or data service providers.
FEES
We do not charge you any additional fees for adding your Card to the Digital Wallet or using your Card in the Digital Wallet. However, the Digital Wallet Provider and other third parties, such as wireless companies or data service providers, may charge you fees (for example, your mobile service carrier may impose data usage or text message charges for your use of or interaction with the Digital Wallet).
WE ARE NOT RESPONSIBLE FOR THE DIGITAL WALLET
We are not the provider of the Digital Wallet, and we are not responsible for providing the Digital Wallet service to you. We are not responsible in any way for any failure of the Digital Wallet, or the inability to use the Digital Wallet for any transaction. We are also not responsible for any loss, injury or inconvenience you suffer as a result of a merchant refusing to accept the Digital Wallet. You should contact the Digital Wallet Provider’s customer service if you have questions concerning how to use the Digital Wallet or for problems with the Digital Wallet. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF DIGITAL WALLET IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DIGITAL WALLET IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY DIGITAL WALLET.
WE CAN BLOCK, SUSPEND, OR CANCEL YOR USE OF A CARD
We reserve the right to discontinue offering or supporting the Digital Wallet for any reason. We can block you from adding an otherwise eligible Card to the Digital Wallet, block or suspend your ability to use a Card to make purchases using the Digital Wallet, or cancel entirely your ability to continue to use a Card in the Digital Wallet. We may take these actions at any time and for any reason, such as if we suspect fraud with your Card, if you have an overdue or negative balance on your Card account, or if applicable laws change. You may remove a Card from the Digital Wallet by following the Digital Wallet Provider’s procedures for removal.
PRIVACY
We are committed to respecting the privacy of your information and we will not share your information in a manner that is inconsistent with Fleet’s Privacy Policy (movewithfleet.com/privacy). You agree that we may share your information with the Digital Wallet Provider, a payment network, and others in order to (i) enable Card transactions through the Digital Wallet, and (ii) to make information available to you about your Card transactions. When you use the Card within the Digital Wallet, you will share transaction information with the Digital Wallet Provider in addition to us. We do not control the privacy and security of your information once it is shared with the Digital Wallet Provider. Please read the privacy policy of the Digital Wallet Provider to understand how they protect information provided to them.
YOUR RESPONSIBILITIES TO KEEP YOUR PAYMENT CARD SECURE AND NOTIFY US OF ERRORS OR FRAUD
You should not allow others to log on to or use your mobile phone or other device if that would mean that they could then use your Card in the Digital Wallet to make transactions. Please ensure that only your security details, fingerprint or other security measure can be used to make purchases with your Card using the Digital Wallet. Keep these details secure and do not share them with others. If you share these credentials with others, they may be able to access your Digital Wallet and make purchases with your Card or obtain your personal information. You must contact us promptly if you believe there are errors or if you suspect fraud with your Card.
SECURITY
The Digital Wallet Provider is responsible for the security of information provided to it or stored in the Digital Wallet. We are not responsible if there is a security breach affecting any information stored in the Digital Wallet or sent from a Digital Wallet. Contact us immediately at support@movewithfleet.com if you lose your phone or if someone has used your Digital Wallet or your credentials without your authorization. When you get a new phone, please be sure to delete all your Cards and other personal information from the Digital Wallet on the old phone.
DEVICE ELIGIBILITY
You are required to have an eligible device in order to use this service. The Digital Wallet Provider, at its sole discretion, determines which devices are eligible to be used with its Digital Wallet. Devices which have been unlocked in an unauthorized fashion (“jail-broken”) or otherwise modified may not be eligible to use certain Digital Wallets. You acknowledge that use of an ineligible mobile device with a Digital Wallet is expressly prohibited, constitutes a breach of these Terms, and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Card in the Digital Wallet. We are not liable to you for any third party for the effects of such termination or suspension.
ACCOUNT ELIGIBILITY
In order for us to authorize your use of your Card within a Digital Wallet, your Card and the underlying Fleet account must be in good standing and you must not be restricted from using the Digital Wallet based upon any limitations imposed by the Digital Wallet Provider, your wireless service provider, and/or any third party associated with the Digital Wallet. The availability and terms of your relationship(s) with us is not conditioned upon your enrollment in any Digital Wallet service.
WE MAY CHANGE THESE TERMS AT ANY TIME
We may change these Terms at any time, and we will provide advance notice of these changes if we are required to do so under applicable laws. You agree to any such changes by continuing to keep a Card in the Digital Wallet. The date of the most recent change to these Terms is shown at the top of these Terms. If you do not accept a change to these Terms, you must remove all Cards from all Digital Wallets.
DISCLAIMER OF LIABILITY
You agree that we will not have any liability to you or any third party for the potential impacts of discontinuing your ability to add an otherwise eligible Card to the Digital Wallet, block or suspend your ability to use a Card to make purchases using the Digital Wallet, or cancel entirely your ability to continue to use a Card in the Digital Wallet.
DISCLAIMER OF WARRANTIES
You agree and acknowledge that your use of the Digital Wallet is at your own risk. No notification to you, either oral or written, provided by us, our authorized representatives, or any third party shall create any implied, express, or statutory warranty with regards to the use of your Card through the Digital Wallet including warranties of fitness for a particular purpose. We are not responsible for the accuracy of information displayed through the Digital Wallet, for your mobile device, the software installed on your device (either the operating system or any other software you choose to install), or the hardware associated with your device, and make no representations, warranties, or guarantees concerning these matters. THE TERMS HEREUNDER SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR RESPECTIVE AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THESE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE USE OF THE DIGITAL WALLET MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL EITHER WE OR OUR RESPECTIVE AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE DIGITAL WALLET CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE DIGITAL WALLET, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE DIGITAL WALLET. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR RESPECTIVE AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF OUR RESPECTIVE AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THESE TERMS SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IN THOSE STATES.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless us and our respective parent and our affiliates and service providers and their affiliates, officers, directors, agents, employees, representatives, and contractors of each of these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of these Terms or the breach of these Terms by any authorized users of your Card and/or your use of the Digital Wallet. You must use your best efforts to cooperate with us and may also participate at your own expense in the defense of any such claim.
GOVERNING LAW AND DISPUTES
Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in the Fleet Terms of Service (movewithfleet.com/terms-of-service).
QUESTIONS
If you have any questions, disputes, or complaints about the Digital Wallet, contact the Digital Wallet Provider. If your question, dispute, or complaint is about your Card, then contact us at: support@movewithfleet.com.
