Cardholder Agreement

+ BrightFi Prepaid Visa Debit Cardholder Agreement
IMPORTANT – PLEASE READ CAREFULLY

Terms and Conditions for the BrightFi Prepaid Visa® Debit Card.  This document is an agreement (“Agreement”) containing the terms and conditions that apply to the BrightFi Visa Debit Card that has been issued to you by Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc. “Metropolitan Commercial Bank” and “Metropolitan” are registered trademarks of Metropolitan Commercial Bank © 2014. By accepting and/or using this Card, you agree to be bound by the terms and conditions contained in this Agreement.  The Program Manager for the BrightFi Visa Card is Karrikin, Inc. d/b/a Karrikin Technologies (the “Program Manager”) and the Customer Service telephone number is +1 (888)627-5407 or the toll-free telephone number on the back of your Card.  In this Agreement, “Card” means the BrightFi Prepaid Visa Debit Card issued to you by the Bank, including any Physical Card or Virtual Card, (each as defined below) as permitted under this Agreement. “BrightFi Account” means the records we maintain to account for the value of transactions associated with Card. “You” and “your”means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. “We,” “us,” “our,” and “Bank” mean Metropolitan Commercial Bank, together with its successors and assigns. “Program Manager” means Karrikin, Inc. d/b/a Karrikin Technologies, together with its successors and assigns. The Card will remain the property of the Bank 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.

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Card, we will ask for your name, address, social security number or country identification number, and other information that will allow us to identify you. We also may ask to see your driver's license or other documentation bearing your photo as verification of your identity. You will also be required to complete a simple video-based identity verification using your mobile phone or computer camera. By participating in the Card program, you agree that the information and statements you provide to us are accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different),social security number or other identification documentation and telephone number. If you fail to provide accurate information that we request, we may cancel your Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially federal investigation.  We reserve the right to restrict or delay your access to any such funds.
+ Your Card
The Card is a Debit card. The Card allows you to access funds deposited into your BrightFi Account by you or on your behalf. The funds in your BrightFi Account will be FDIC-insured once we have verified your identity.  Funds can be loaded or deposited into your Brightfi Account by direct deposit, electronic transfer, mobile check deposit or cash via ATM as fully described below is the section titled “Adding Funds to Your BrightFi Account.” You may access the funds in your BrightFi Account by using (1) your Card, (2) the number inscribed or printed on the front of your Physical Card or the number provided to you in connection with your Virtual Card, as applicable (the “Card Number” or “Card Numbers”), (3) by automated clearinghouse (“ACH”) debit using your Account Number. The Card is not a credit card.  The Card is not a gift card, nor is it intended for gifting purposes. You will not receive any interest on your funds on the Card.  The funds in your BrightFi Account will not expire, regardless of the expiration date on the front of your Card. 

You will be issued and may use a physical plastic card (a “Physical Card”) or a virtual representation of the card (a “Virtual Card”). If you have and use a Physical Card and a Virtual Card at the same time, both forms of your Card are associated to one Primary Access Number (“PAN”), which allows you to access the funds available in your BrightFi Account. Except as otherwise stated in this Agreement, you have the same rights and responsibilities under this Agreement whether you use a Physical Card or Virtual Card. 

a.     Virtual Card.  Your Virtual Card can be obtained and used through use of the Brightfi mobile application (the “Mobile App”) or the website www.mybrightfi.com at the time of enrollment.  Your Virtual Card will be displayed either in the Mobile App or the website after the successful verification of your identity as described above and will be activated and ready for full use after the first successful deposit of funds to your BrightFi Account. You may access the funds in your BrightFi Account by using your Virtual Card Number for transactions or purchases initiated over the phone or online. You will not receive a PIN for your Virtual Card.

b.     Physical Card.  Your Physical Card will be mailed to the address you provide to us during the registration process. When you receive your Physical Card, you can activate it using the Mobile App in the “Manage Card” section. You can also call Customer Service at +1 (888) 627-5407 to activate the Card and receive your PIN (as set forth in the Section of this Agreement titled “Personal Identification Number (“PIN”)”). Upon receipt and activation of your Physical Card, your Virtual Card will not be automatically disabled and you can use both the Physical Card and the Virtual Card.
+ Fees
The fees relating to the use (and misuse) of your Card are set forth in the “Schedule of Fees and Charges (Schedule A)” ATTACHED TO THIS AGREEMENT AND INCORPORATED HEREIN BY REFERENCE. FEES INCURRED PURSUANT TO THE TERMS OF THIS AGREEMENT will be withdrawn from your BrightFi Account and will be assessed so long as there is a remaining balance in your BrightFi Account, unless prohibited by law.  You agree to pay all fees associated with the Card. We may from time to time amend the Fee Schedule at our sole discretion as set forth in the Section of this Agreement titled “Amendment and Cancellation.”
+ Authorized Users
If you permit another person to have access to your Card or Card Number,you are liable for all transactions made with the Card, Card Number or Account Number, and all related fees incurred, by those persons.
+ BrightFi Account Use and Purpose
Subject to the limitations set forth in this Agreement, you may use your Card, Card Number, or Account Number, as applicable, to (1) deposit funds to your BrightFi Account (as described in the section below titled “Adding Funds to Your BrightFi Account,” (2) purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Brightfi Account or the Daily Purchase Limit (as defined in the table below), (4) withdraw cash from your BrightFi Account (as described in the Section below titled “Using Your Card to Get Cash,”) and (5) make payments to third parties directly from your BrightFi Account.  Your monthly fee provides the ability to do all of these transactions subject to the limitations described in the table below. For fee information, see the “Schedule of Fees and Charges (Schedule A)” attached to this Agreement. You agree not to use your Card for illegal gambling or any other illegal purpose.  

You will be provided with our routing number and assigned a 13 digit Account Number once your identity has been verified.  Our routing number and your assigned Account Number are for the purpose of initiating direct deposits to your BrightFi Account, receiving electronic transfers from others, and authorized automated clearinghouse (“ACH”) debit transactions only. The 16-digit Card Number embossed or printed on your Card should not be used for these types of transactions or they will be rejected.You are not authorized to use our routing number and Account Number if you do not have sufficient funds in your BrightFi Account. These debits will be declined and your payment will not be processed.    
+ Limitations on Frequency and Dollar Amounts of Transactions
The total amount of purchases that you can perform in any single day is limited to the Daily Purchase Limit and the total amount of cash withdrawals (including withdrawals from a teller inside a bank office) that you can perform in any single day is limited to the Daily Withdrawal Limit (as defined in the table below).  The maximum aggregate value of your Card Account(s) may not exceed $10,000.00 at any time.  For security reasons, we may further limit the number or dollar amount of transactions you can make with your Card. The following grid is provided in order to highlight the frequency and limitations of cardholder transactions in a single day or additional time frame if warranted:
Transaction/load Type
Maximum Amount
Maximum balance in BrightFi Account
$10,000.00
Purchases
No limit on  number of purchases
Up to $5,000 per transaction
Cash Withdrawals (ATM)
Up to 5 per day
Up to $500 per withdrawal
Up to $2500 per day
ACH Payments
Up to $4,000 per day  
Up to 8 transfers per month to non-BrightFi account holders 
Unlimited number of transfers per month to BrightFi account holders
Direct Deposits
$5,000 per deposit limit
Cash  Deposits (via ATM)
Maximum of $999 per deposit
Mobile check deposit
Maximum of $10,000 per month (30-day rolling basis)
Maximum of $5,000 for any single deposit
ACH  transfer deposits
Maximum $5,000  per transfer deposit
+ Personal Identification Number (“PIN”)
When you activate your Physical Card and after your identity has been verified, we will give you a PIN that you may use with your Physical Card.  Only one PIN will be issued for each BrightFi Account.  You will need a PIN to obtain cash at an ATM or to make a PIN purchase or obtain cash back at a point-of-sale (“POS”) terminal. 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 immediately call the number on the back of your Card, +1 (888) 627-5407 or send notice by emailing service@mybrightfi.com, or through www.mybrightfi.com or write to the BrightFi - Virtual Branch at 4250 N Drinkwater Blvd #300 Scottsdale, AZ 85251
+ Adding Funds to Your BrightFi Account
You may add funds to your Account by depositing funds using direct deposit, electronic transfer, mobile check deposit or cash via ATM. You cannot add funds by sending checks or cash through the mail. All forms of deposit are subject to the limits identified in the table above.

(a)    Direct Deposit: Your employe rcan arrange to directly deposit your paycheck into your BrightFi Account.
(b)    ACH Transfer: Third parties can make ACH transfers into your BrighFi Account using your Account Number and BrightFi routing number, which are available to you under “Account Details” in the Mobile App.
(c)    Cash via ATM: You can make a cash deposit to your BrightFi Account at any ATM in the MoneyPass network that supports deposits. You can find a directory of MoneyPass network ATMs at www.moneypass.com.
(d)    Mobile Check Deposit: Paper checks can be deposited to your BrightFi Account using the mobile deposit feature in the Mobile App. You can only deposit checks that are made payable to you. You must (i) endorse the check  in the same manner in which it was made payable to you and (ii) include a restrictive endorsement: “For Mobile Deposit Only” indicating that the check was deposited using Mobile Deposit. We may reject any attempted mobile deposit that does not comply with these conditions, or for any reason within our sole discretion. After we have accepted a check through mobile deposit, you may not present the check in any  form (paper or digital) to any other financial institution. You must retain the original paper check in your possession for 60 days to facilitate the clearing and deposit process, to address third-party claims regarding the check or for our own auditing purposes. If you fail to make the original check available for BrightFi’s review during the 60 days following mobile deposit, we reserve the right to deduct the funds in question from your BrightFi Account. When you submit a check for mobile deposit, you represent and warrant that (i) each check image is a true and accurate rendition of the front and back of the original check, without alteration, and that the drawer of the check has no defense against payment of the check, (ii) all signatures and endorsements are authentic and authorized, (iii) the amount and payee are accurately identified and have not been altered, (iv) you are entitled to enforce the check, (v) the check complies with all requirements for mobile deposit set forth in this Agreement or that we have otherwise communicated to you, (vi) you have possession of the original paper check, (vii) other than the digital image of an original check that you submit through our Mobile App, you have not created any other duplicate images, (viii) no other party will submit the original check for payment. After your mobile deposit is complete and accepted for deposit, the funds will be applied to your BrightFi Account and will automatically load the Card for transactions, subject to our funds availability policy set forth in the section below titled “Funds Availability.”
+ Funds Availability
Once a deposit is accepted, funds will be made available according to following Funds Availability Policy:

(a) Generally: Funds will be made available according to the type of deposit. Some types of deposits may not be available for immediate use. When we delay the availability of funds or place a hold on a deposit made to your BrightFi Account, you may not withdraw those funds as cash, and we will not use them to complete transactions using your BrightFi Visa Debit Card during the hold period. If final payment is not received on any item you have deposited into your Account, or if any direct deposit, ACH transfer credit is returned to us for any reason, you agree to pay us the amount of the returned item. The length of delay for availability of funds is counted in business days from the day your deposit is accepted.

(b) The length of delay for availability of funds is counted in business days from the day your deposit is accepted. Deposits received before 5:00 p.m.Arizona time will be considered current-day deposits. Any deposits received after that time will be processed the following business day.

(c) Electronic Deposits: Funds received from payroll direct deposits, other preauthorized electronic payments, and ACH Credits received from an external bank will be available for withdrawal the same day they are received. Electronic deposits and payments are considered received when the funds are actually collected by us.

(d) Funds Deposited with Mobile Deposit: With regards to any check for an amount less than $2,000.00 that we accept for deposit through mobile deposit, funds received will be available for withdrawal the same business day we accept the deposit. For checks larger than $2,000.00, the first $2,000.00 will be available for withdrawal on the same business day the check is accepted for deposit, and the balance of the funds will be available the following business day. For example, if BrightFi accepts a check for $4,500 on a Tuesday,$2,000 will be available on Tuesday, and the remaining $2,500 will be available Wednesday. If BrightFi accepted a check for $4,500 on a Friday, the first$2,000 would be available on Friday, the remaining $2,500 would be available the following Monday. We will notify you when your check has been accepted for mobile deposit.

(e) Longer Delays May Occur: Under certain circumstances, longer hold period may apply before funds deposited by check are available. For example, longer delays may occur if (i) BrightFi has reasonable cause to doubt collectability, (ii) you deposit a check that has previously been returned unpaid, (iii) BrightFi experiences an emergency, such as an interruption of communications or computer or other equipment failures, a war, natural disaster, pandemic, or other emergency condition beyond BrightFi’s control. BrightFi will send an electronic notice informing you if your ability to withdraw funds is delayed for any reason, including information on when the funds will be made available.

(f) Funds in Savings Jars: The BrightFi Account offers a feature called “Savings Jars.”This feature allows you to create a sub-account where you can set aside funds you want to save for any reason. Funds that you place in a savings jar are not available for withdrawal. You can move funds out of a Savings Jar at any time using the Mobile App or the website, at which point the funds will be available.Please note that funds in Savings Jars are still reachable by creditors and are subject to legal process such as garnishment.
+ Using Your Card to Get Cash
With a PIN, you may use your Card to (i) obtain cash or check your balance at any Automated Teller Machine(“ATM”) that bears the Visa® or Moneypass brand, or (ii) obtain cash at merchants or banks that have agreed to provide cash back at POS terminals bearing the Visa® or Moneypass brand.  All ATM transactions are treated as cash withdrawal transactions. The maximum amount of cash you may withdraw at an ATM on a daily basis is $2,500 as described in the Section above titled “Limitations on Frequency and Dollar Amounts of Transactions.” We may limit the amount of any individual ATM withdrawal, and merchants, banks and ATM operators may impose additional withdrawal limits.  We do not charge a fee to withdraw cash or otherwise use the Card at an ATM, but when you use an ATM not owned by us or outside of our network, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
+ Split Transactions
If you do not have enough value in your BrightFi Account to complete a transaction with the 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 fail to inform the merchant that you would like to complete a split transaction before swiping your Card, your Card is likely to be declined.
+ Transactions Using Your Card Number
If you initiate a transaction without presenting your Card (such as for a mail order, internet or telephone purchase, or an ACH debit purchase), the legal effect will be the same as if you used the Card itself.
+ Your Obligation for Negative Balance Transactions
Each time you initiate a Card transaction, you authorize us to reduce the funds available in your BrightFi Account by the amount of the transaction and all associated fees.You are not allowed to exceed the available amount in your BrightFi Account through an individual transaction or a series of transactions (creating a “negative balance”).  Nevertheless, if any transactions cause the balance in your BrightFi Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Card we have issued to you. You agree to pay us promptly for the negative balance and any related fees. We also reserve the right to cancel your Card if you create one or more negative balances with your Card.
+ Business Days
Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of New York.
+ Authorization Holds
You do not have the right to stop payment on any purchase transaction originated by use of your Card, other than a Recurring Transaction as described in the Section below titled “Recurring Transactions.” When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When you use your Card to obtain cash at an ATM, we will authorize the transaction in advance (including all applicable fees). When we authorize a purchase transaction, we commit to make the requested funds available when the transaction finally settles and we will place a temporary hold on your Card’s funds for the amount indicated by the merchant. 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. Car rentals, hotels and other service‑oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to 60 days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance. Similarly, some gas stations may factor in additional amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your BrightFi Account for the correct amount of the final transaction, and we will release any excess amount when the transaction finally settles. 

When you use your Card at certain restaurants and service-oriented merchants, there maybe an additional 20% (or more) added to the authorization to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available on your Card, your transactions may be declined. Accordingly, you should ensure that your Card has an available balance that is 20% (or more) greater than your total bill before using your Card in such settings.
+ Recurring Transactions
If you intend to use your BrightFi Account for recurring transactions, you should monitor your balance and ensure you have funds available in your BrightFi Account to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Card at substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance in your BrightFi Account to cover the recurring transaction. If these recurring transactions may vary in amount, the person you are going to pay should tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If your Card was obtained through your employer or you receive electronic deposits of federal payments to your Card: If you have told us in advance to make regular payments (i.e., recurring transactions) from your BrightFi Account, you can stop the payment by calling the number on the back of your Card, +1(888) 627-5407, or by sending an e-mail to service@mybrightfi.com, or give notice through www.mybrightfi.com or by mailing notice to the BrightFi - Virtual Branch at 4250 N Drinkwater Blvd #300 Scottsdale, AZ 85251 at least three business days before the scheduled date of the transfer.  If you call, we also may require you to put your request in writing and get it to us within 14 days after you call.  If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your direct losses or damages. If you have authorized a merchant to make the recurring transaction, you also should contact the applicable merchant in order to stop the recurring transaction.
+ Preauthorized Credits
If you have arranged to have direct deposits made to your BrightFi Account at least once every 60 days from the same person or company and you do not receive a receipt/statement (or pay stub), you can call the number on the back of your Card or +1 (888) 627-5407 to find out whether or not the deposit was made.
+ 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 BrightFi Account for such refunds. You are not entitled to a check refund unless your Card has been closed. The amounts credited to your Card for refunds may not be available for up to five days from the date the refund transaction occurs.
+ Card Cancellation and Suspension; Limits
We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. We may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, you may do so by calling the number on the back of your Card or +1(888) 627-5407. You agree not to use or allow others to use an expired, revoked, canceled, suspended or otherwise invalid Card. Our cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund as provided below in the Section titled “Amendment and Cancellation.” Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of our rights under this Agreement without losing them.
+ International Transactions
If you initiate a transaction in a currency or country other than the currency or country in which your Card was issued, you may be charged a fee by third parties involved with the transaction (including credits and reversals) as set forth in the “Schedule of Fees and Charges (Schedule A)” attached to this Agreement. Such fees, if charged, are in addition to the currency conversion rate. If the transaction is in a currency other than the currency of the country in which your Card was issued, the merchant, network, or card association that processes the transaction may convert the transaction (including credits and reversals) into the currency of your Card in accordance with its policies and rates in effect at the time of the transaction. If Visa U.S.A., Inc. (“Visa”) converts the transaction, it will establish a currency conversion rate for this convenience using a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa itself receives, or the government mandated rate in effect for the applicable central processing date.
+ Receipts
You should get or request a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipts to verify your transactions.  You can get a receipt at the time you make any transfer from your BrightFi Account using one of our ATM terminals.  
+ Obtaining Balance and Transaction Information for Your Card; Periodic Statements Alternative
You should keep track of the amount of funds available in your BrightFi Account. You may obtain information about the amount of funds you have remaining in your BrightFi Account by calling the number on the back of your Card. This information, along with a 12-month history of account transactions, is also available on the Mobile App, on-line by logging into www.mybrightfi.com or calling +1 (888) 627-5407. You also have the right to obtain a 24-month written history of account transactions by calling the number on the back of your Card or +1 (888) 627-5407, or by emailing service@mybrightfi.com, or by visiting www.mybrightfi.com, or by writing to BrightFi - Virtual Branch at 4250 N Drinkwater Blvd #300 Scottsdale, AZ 85251. In addition, you can always check your balance and review recent transactions using the BrightFi Mobile App.
+ Confidentiality
We may disclose information to third parties about your Card or the transactions you make using your Card: (1) where it is necessary for completing transactions; (2) in order to verify the existence and condition of your Card for a third party, such as a merchant; (3) in order to comply with government agency, court order, or other legal reporting requirements; (4) if you give us your written permission; (5) to our and the Program Manager’s employees, auditors, affiliates, service providers, or attorneys as needed; and (6) as otherwise provided in our Privacy Policy Notice below.
+ Our Liability for Failure to Complete Transactions
In no event will we or the Program Manager be liable for consequential damages (including lost profits),extraordinary damages, special or punitive damages. We will not be liable, for instance: (1) if, through no fault of ours or of the Program Manager, you do not have enough funds available in your BrightFi Account to complete a transaction; (2) if a merchant refuses to accept your Card or provide cash back; (3) if an ATM where you are making a cash withdrawal does not have enough cash; (4) if an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (5) if access to your Card has been blocked after you reported your Card or Access Code(s) (“Access Code” includes your user ID(s), password(s), PIN(s),and any other access code or credential related to your BrightFi Account) lost or stolen; (6) if there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) if we or the Program Manager have reason to believe the requested transaction is unauthorized; (8) if circumstances beyond our or the Program Manager’s control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we or the Program Manager have taken; or (9) for any other exception stated in our Agreement with you.
+ In Case of Errors or Questions About Your BrightFi Account
If you think an error has occurred in your BrightFi Account, promptly call the number on the back of your Card, +1 (888)627-5407, or e-mail service@mybrightfi.com, or provide notice through www.mybrightfi.com or write BrightFi - Virtual Branch at 4250 N Drinkwater Blvd #300 Scottsdale, AZ 85251. We will allow you to report an error until 60 days after the earlier of the date you electronically access your BrightFi Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling the number on the back of your Card +1(888) 627-5407, or by emailing service@mybrightfi.com, or by visiting www.mybrightfi.com, or by writing to BrightFi - Virtual Branch at 4250 N DrinkwaterBlvd #300 Scottsdale, AZ 85251. You will need to tell us: (1) your name and Card Number; (2) why you believe there is an error, and the dollar amount involved, and (3) approximately when the error took place. If you tell us orally, we will require that you send your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10business days (five business days for Visa Point of Sale Signature unauthorized debit transactions, unless the dispute resolution team determines an exceptional basis exists, in which case Visa allows an additional five business days in which to provide the provisional credit) after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to 45 days to investigate your complaint or question.  If we decide to do this, we will provisionally credit your BrightFi Account within 10 business days (five business days for Visa Point-of Sale Signature unauthorized debit transactions, unless the dispute resolution team determines an exceptional basis exists, in which case Visa allows an additional five business days in which to provide the provisional credit) for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation.    If we ask you to put your complaint or question in writing and you do not provide it within 10business days, (five business days for Visa Point-of Sale Signature unauthorized debit transactions) we may not credit your BrightFi Account.  For errors involving new Cards (that is, Cards for which the initial deposit or value load occurred within the last 30days), POS transactions, or foreign-initiated transactions, we may take up to90 days to investigate your complaint or question. We will tell you the results within three business days after completing the investigation. If we decide that there was no error, we will send you a written explanation and debit your BrightFi Account for the amount of the provisional credit. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call the Program Manager at the number on the back of your Card.
+ Lost or Stolen Cards/Unauthorized Transfers
If you believe your Card, Access Code(s), or PIN has been lost or stolen, go to “Manage Card” in the Mobile App, click on “Lock Card” or call the number on the back of your Card, or+1 (888) 627-5407, You should also call +1 (888) 627-5407, the number on the back of your Card or write to the address shown here if you believe an electronic transfer has been made using the information from your Card, Access Code(s), or PIN without your permission. You can also report your card lost or stolen and lock the card by accessing the website at www.mybrightfi.com.
+ Your Liability for Unauthorized Transfers
You agree to exercise reasonable control over the information related to your BrightFi Account, including your Card, Access Code(s) and PIN.  Tell us AT ONCE if you believe your Card, Access Code(s), or PIN has been lost or stolen. Also, if your transaction history shows transfers that you did not make, including those made with your Card, Card Number or Account Number, or you believe an electronic transfer has been made without your permission, tell us at once. The best way to keep your losses down is by calling the toll-free number on the back of your Card or +1 (888) 627-5407. You could lose all of the money in your BrightFi Account.  If you tell us within two business days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your Card, and we can prove that we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.00. If you do not tell us within 60 days after the earlier of the date you electronically access your BrightFi Account or the date we sent the FIRST written history on which the error appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good, documented, reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
+ Other Terms
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, whether local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of New York except to the extent preempted or governed by federal law.
+ Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided by applicable law before the effective date of the change. However, if the change is made for security purposes, we may implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You also may cancel this Agreement by calling the number on the back of your Card or +1 (888) 627-5407. If you cancel your Card, you may zero out your  BrightFi Account balance before closing your BrightFi Account or request that we send you a check in the amount of your BrightFi Account balance when you close your BrightFi Account. If your Card is canceled by us when your BrightFi Account has a balance, we will send you a check in the amount of your BrightFi Account balance. In all events, any check we send will be sent to the address we have for you in our records. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination.
+ Telephone Monitoring/Recording
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
+ No Warranty Regarding Goods and Services
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
+ Arbitration Provision
This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.

(a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or any of our agents, arising from or relating to this User Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this User Agreement, including the validity, enforceability or scope of this Arbitration Provision or the User Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your BrightFi Account, (ii) this User Agreement or (iii) your use of the Services. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court.              

(b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website atwww.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

(c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE“CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION, EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

(d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.  This section of this Arbitration Provision is the “Class Action Waiver.”

(e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

(f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However,any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

(g) Public Injunctive Relief: If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver and/or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated.  In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court.  In no event will a Claim for public injunctive relief be arbitrated.

(h) No Preclusive Effect: No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

(i) Continuation: This Arbitration Provision shall survive termination of this User Agreement or any other agreement between you and us (including but not limited to the Deposit Agreement, Electronic Communications Agreement, and Cardholder Agreement). If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
+ Delivery of Electronic Communications
1.The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your BrightFi Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically and failure to consent will result in a declined application for a BrightFi Prepaid Visa Debit Card, except as provided below.   

Scope of Communications to Be Provided in Electronic Form.  When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.  Your consent to receive electronic Communications includes, but is not limited to: 
(i) All legal and regulatory disclosures and communications associated with your BrightFi Account and any related products or services
(ii) Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
(iii) Privacy policies and notices
(iv) Error resolution policies and notices
(v) Responses to claims filed in connection with your BrightFi Account
(vi) Notices regarding insufficient funds or negative balances 

Method of Providing Communications to You in Electronic Form.  All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications at www.mybrightfi.com, or (3) by message or notification to your mobile phone (your carrier may charge normal rates for data usage / text messaging). 

How to Withdraw Consent.  You may withdraw your consent to receive Communications in electronic form at any time by calling the number on the back of your Card, +1(888) 627-5407, or by emailing service@mybrightfi.com,  or by visiting www.mybrightfi.com or by writing to the Program Manager at BrightFi - Virtual Branch at 4250 N Drinkwater Blvd #300 Scottsdale, AZ 85251. If you do withdraw your consent, we will close your BrightFi Account, except where prohibited by law.  We will not impose any fee to process the withdrawal of your consent to receive electronic Communications.  Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal.  In the meantime, you will continue to receive Communications in electronic form.  If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.   

How to Update Your Records.  It is your responsibility to provide us with your true, accurate and complete e-mail address (if you have elected to receive e-mail messages from us), your contact information including mobile phone number, and other information related to this Disclosure and your BrightFi Account, and to maintain and update promptly any changes in this information.  You can update information(such as your e-mail address) through www.mybrightfi.com,  or by e-mailing service@mybrighfi.com, or by calling the number on the back of your Card or +1 (888) 627-5407 

Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have: 

For the Mobile App:
·       An Apple iPhone running a current version of iOS
·       An Android phone running a current version of Android.
·       Access to a cellular carrier
·       Native browser that supports the iOS or Android operating system that is on most recent version

On desktop computers:
·       Windows(7 or higher) or Mac OS X
·       Microsoft Edge, Internet Explorer 11, Safari 9 (or higher), or the latest available version of Mozilla, Firefox or Google Chrome 

Requesting Paper Copies
.
We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, call the number on the back of your Card, +1(888) 627-5407, or by emailing service@mybrightfi.com,  or by visiting www.mybrightfi.com, or by writing to the Program Manager at BrightFi - Virtual Branch at 4250 N Drinkwater Blvd #300 Scottsdale, AZ 85251 

Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
+ Metropolitan Commercial Bank Privacy Policy Notice

Facts

WHAT DOES KARRIKIN, INC D/B/A KARRIKIN TECHNOLOGIES ("KARRIKIN") DO WITH YOUR  PERSONAL INFORMATION?

Why?

Financial companies  choose how they share your personal information. Federal law gives consumers  the right to limit some but not all sharing.   Federal law also requires us to tell you how we collect, share, and  protect your personal information.   Please read this notice carefully to understand what we do.

What?

The types of  personal information we collect and share depend on the product or service  you have with us. This information can include:

  • Identification Information

  • Account Balances

  • Transaction History

  • Account Transactions

  • Checking Account Information

  • WireTransfer Instructions

When you are no longer our customer, we continue to share your information as described in this notice.

How?

All financial companies need to share customers' personal information to run their everyday  business. In the section below, we list the reasons financial companies can  share their customers' personal information; the reasons Metropolitan  Commercial Bank chooses to share; and whether you can limit this sharing.

Reasons we can share your personal information
Does BrightFi share?
Can you limit this sharing?

For our everyday business purposes such as to process your transactions,  maintain your account(s), respond to court orders and legal investigations,  or report to credit bureaus

Yes

No

For our marketing purposes to offer our products and services to you

No

We don't share

For joint marketing with other financial companies

No

We don't share

For our affiliates' everyday business purposes information about  your transactions and experiences

No

We don't share

For our affiliates' everyday business purposes information about  your creditworthiness

No

We don't share

For our affiliates to market to you

No

We don't share

For non-affiliates to market to you

No

We don't share

What we do

How does Karrikin protect my personal information?

To protect your  personal information from unauthorized access and use, we use security  measures that comply with federal law. These measures include encryption, computer  security protocols and secured files and buildings. We also maintain other  physical, electronic and procedural safeguards to protect this information  and we limit access to information to those employees for whom access is  appropriate.

How does Karrikin collect my personal information?

We collect  your personal information, for example, when you

  • Open an account

  • Show your driver’s license/identification

  • Provide account information

  • Conduct transactions using the account

We also  collect your personal information from others, such as credit bureaus,  affiliates or other companies

Why can't I limit all sharing?

Federal law gives you the right to limit only:

  • Sharing for affiliates' everyday business purposes - information about your credit worthiness

  • Affiliates from using your information to market to you

  • Sharing for non-affiliates to market to you

State laws and individual companies may give you additional rights to limit sharing.BrightFi only shares your personal information in connection with providing your services, which is why you cannot limit it.

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and non-financial companies.  Karrikin does not share with our affiliates so they can market to you.

Non-affiliates

Companies not  related by common ownership or control. They can be financial and  non-financial companies. Karrikin does not share with non-affiliates so  they can market to you.

Joint Marketing

A formal  agreement between non-affiliated financial companies that together market  financial products or services to you. Karrikin does not share your  personal information for joint marketing with non-affiliated companies.

Other Important Information

For Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with non affiliates either for them to market to you or for joint marketing – without your authorization.

For California Customers. We will not share personal information with non affiliates either for them to market to you or for joint marketing – without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us.

For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share relationships with non affiliates either for them to market to you or for joint marketing – without your authorization.

For Texas Customers. If you have a complaint, first contact the customer service division of BrightFi at [insert number]. If you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to Texas Department of Banking, 2601 North LamarBoulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov.

For Vermont Customers. We will not share personal information with non affiliates either for them to market to you or for joint marketing without your authorization, and we will not share personal information with affiliates about your creditworthiness without your authorization.

+ Schedule A
SCHEDULE OF ALL FEES AND CHARGES FOR BrightFi Prepaid Visa®Debit Card
All Fees
Amount
Details

Get Started

Card purchase fee

$0.00

Card activation fee

$0.00

Account registration fee

$0.00

Monthly Usage

Monthly fee

$7.95

Fee is charged 30 days  after you fund the account. Fee will not be charged if account is negative.  Account will be suspended if fee is not timely paid, and reactivated upon  payment.

Add Money

Direct deposit

$0.00

Card-to-card transfer

$0.00

Bank-to-card transfer

$0.00

Cardholder-to-cardholder transfer

$0.00

Spend Money

Retail unload

$0.00

We do not charge a fee, but third parties  (for example, a merchant that offers cash-back at point-of-sale) may charge a  fee.  

POS PIN debit purchase

$0.00

POS signature purchase

$0.00

Send money

$0.00

Get Cash

ATM withdrawal in-network (US)

$0.00

In-network” refers to the MoneyPass network(find locations at https://www.moneypass.com/atm-locator.html) and the Visa Plus Alliance Network (find locations at https://usa.visa.com/ support/consumer/surcharge-free-atms.html

ATM withdrawal out-of-network (US)

$0.00

We do not charge a fee, but the third-party owner  of an ATM that is not in our network may charge a fee for use of their ATM.

Information

Customer service (automated system)

$0.00

No fee for  calling our customer service line, including for balance inquiries.

Customer service (live agent)

$0.00

No fee for  speaking to one of our virtual branch tellers.

ATM balance inquiry in-network

$0.00

We do not charge a fee. “In-network” refers to the MoneyPass network (find locations at https://www.moneypass.com/atm-locator.html) and the Visa Plus Alliance Network (find locations at https://usa.visa.com/ support/consumer/surcharge-free-atms.html

ATM balance inquiry out-of-network

$0.00

We do not charge a fee. The ATM operator may  charge you an additional fee.

Using  your card outside the U.S.

ATM withdrawal (int’l)

$0.00

We do not charge a fee, but the ATM operator  may charge you an additional fee.

ATM withdrawal (declined) (int’l)

$0.00

We do not charge a fee, but the ATM operator  may charge you an additional fee.

POS PIN debit purchase (int’l)

$0.00

We do not charge a fee, but third parties  involved in an international transaction may charge a fee.

POS PIN debit purchase (int’l)

$0.00

We do not charge a fee, but third parties  involved in an international transaction may charge a fee.

POS signature purchase (int’l)

$0.00

We do not charge a fee, but third parties  involved in an international transaction may charge a fee.

Other

Inactivity

$0.00

Close card

$0.00

Replace card

$0.00

First replacement is on us. We will charge a  $10 fee for any further replacement cards.

Open your account, including identity verification procedures, and fund the account for FDIC insurance eligibility and other protections Your funds will be held at or transferred to Metropolitan Commercial Bank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event Metropolitan Commercial Bank fails, if specific deposit insurance requirements are met and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.

No overdraft/credit feature.

Contact Karrikin by calling the BrightFi Virtual Branch at +1 (888) 627-5407 or by writing us BrightFi - Virtual Branch, 4250 N Drinkwater Blvd #300 Scottsdale, AZ 85251 or by sending an e-mail to service@mybrightfi.com, or visit www.mybrightfi.com.

For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.