New World Savings, Inc. is a California corporation, with offices at 9281 Research Dr., Irvine, CA 92618 (“BankRoll,” “We,” “Us,” or “Our”).
a. Subscription Fees. We may make available the Services, including monthly subscriptions, for free or for a fee from time to time. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. We also reserve the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay BankRoll directly or via its third party payment processing service provider. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription may automatically be renewed for an additional subscription period of the same amount of time. You may cancel your subscription as provided on the BankRoll Platform from time to time. We may refuse to renew any subscription.
b. Incentives. BankRoll may at its sole discretion offer incentives to users of the BankRoll Platform or to holders of one of our debit cards. Current fees and incentives can be found on the Website.
d. Refunds. Other than when expressly set forth on our Services as updated from time to time, BankRoll has no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by BankRoll, in each case in BankRoll’s sole discretion.
a. Submitted Content. Certain of our Platforms and Services enable users to load additional information onto our Platform, which can be made accessible to other users, Clients and/ or the general public. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Platforms. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Platforms. If you choose to provide information or User Content to use, register for or participate in a service, event, or promotion on our Platforms, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
b. Ownership of Content. BankRoll does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant BankRoll the right to copy, store and make that User Content available to other users in connection with your use of our Platforms and our Services, and to otherwise use such User Content online (including web, mobile and email) and in print, film and broadcast media. When you make available the User Content to users of our Platforms or Services, you provide all such recipients a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such User Content. This license shall remain in effect until we delete the User Content from our systems.
You expressly authorize BankRoll to access your Account Information (as defined herein) maintained by identified third parties, which is included in your User Content, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. BankRoll’s third party processors will submit information including usernames and passwords that you provide to log you into such third party website(s). You hereby authorize and permit BankRoll to use and store information submitted by you to the BankRoll Platform (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of these Terms and Conditions and solely to provide the Account Information to you as part of the BankRoll Platform and Services, you grant BankRoll a limited power of attorney, and appoint BankRoll as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BANKROLL IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, BANKROLL IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service. BankRoll is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
c. User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms and Conditions; (ii) the submission and use of your User Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms and Conditions in your jurisdiction.
d. Monitoring. We have the right, but not the obligation, to monitor User Content submitted to our Services, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted through our Services. Without limiting the foregoing, we have the right to remove any material that BankRoll, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the User Content that you post to our Services.
e. Identifying Information. We may at any time require you to provide additional information in order to verify your identity. This information may include your address, date of birth, Social Security Number, a copy of your government-issued ID, or such other information or documentation as we may deem necessary. Such information may be required, for instance, in order to meet our legal obligations or the requirements of our Partner Bank.
f. Required Disclosures. You acknowledge and agree that BankRoll may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms and Conditions; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms and Conditions; and/or (d) protect the rights, property, or personal safety of BankRoll, its representatives and/or agents, its users or the public.
By accepting these terms and conditions you authorize BankRoll to initiate ACH credit and/or debit transactions between your Funding Source and your BankRoll Account. These transactions will be either initiated in the BankRoll App by you (“Manual Transfers”) or initiated in the BankRoll app based on “Rules” you’ve set up in the App. The frequency and amount of these ACH credit and/or debit transactions will be determined by your Manual Transfers or your Rules. Periodic ACH transactions will be generated by the BankRoll App to move funds from your Funding Source to your Savings Account based on “Savings” that arise from BankRoll applying the Rules you’ve established. Manual Transfers will be processed when authorized by your entry.
You understand that this authorization will remain in full force and effect until you notify BankRoll that you wish to revoke this authorization. You understand that BankRoll requires at least 3 business days’ prior notice in order to cancel this authorization.
The Funding Source verification process is in place to ensure a Funding Source is compatible with BankRoll and supports ACH transfers; to prevent Users’ goals from being disclosed to unknown funding sources; and to verify external Funding Source account ownership.
One of two methods are used to verify Funding Source: 1) To successfully verify a funding source, two small credit transactions will be sent for processing to the external Funding Source. The amounts of those credits will then be immediately debited out of the Funding Source. Users will need to verify the external Funding Source by entering the deposit amounts in the required fields provided in their BankRoll Account. Users will be responsible for any fees or penalties assessed by a financial institution that may occur by validating this funding source or 2) the external funding source will be accessed by our data integration partner and ownership and ACH support will be verified.
BankRoll employs third parties in order to provide its Services to you. Third party services are used to: verify your identity, speed up and streamline on-boarding, processing of savings transactions and data aggregation. These third parties will have access to only that information provided by you to BankRoll that is needed by them to execute specific processes necessary to provide you with the Services or with the bank account services you register for in connection with the BankRoll Platform. They will use this information in order to verify your identity and retrieve your financial data for aggregation. BankRoll may employ different or additional third parties for these Services. BankRoll does not review the information retrieved from third parties. BankRoll is not responsible for the timeliness or accuracy of the data provided by such third parties. In addition, in the event that BankRoll is permitted to undertake any action under these Terms and Conditions, you agree that we may permit our third party financial institutions or subcontractors to undertake such action on our behalf.
You agree to let BankRoll access any account you have set up through our third party processor in connection with the Services. We agree to only use that information to in order to provide you with the BankRoll Platform and Services.
As part of the BankRoll Platform, BankRoll will retrieve User information from your bank accounts (“Your Bank Accounts”) you maintain online with third-party financial institutions with which you have customer relationships, maintain account(s) or engage in financial transactions (“Account Information”). BankRoll works with one or more online financial service providers under contract to access this Account Information. BankRoll makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. BankRoll is not responsible for the products and services offered by or on third-party sites.
BankRoll cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. BankRoll cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the BankRoll Platform, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the BankRoll Platform, in the manner prescribed in the associated instructions.
a. Ownership of Content on our Platform. Unless otherwise noted, all information, text, images, audio, video, data, links, software, or other material which is not posted, uploaded or otherwise provided by you (“BankRoll Content”) is the property of BankRoll or its licensors (who may be other users of our Services). BankRoll Content is protected by copyright, trademark, patent, trade secret and other rights of BankRoll and its licensors, and, as between you and Bark & Co, BankRoll retains all rights in the BankRoll Content, the Services and the Platforms, provided that, you have a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Services, the Platforms and BankRoll Content solely for your use of the Services, subject to these Terms of Service. Product names are trademarks or registered trademarks of their respective owners.
b. Proprietary Markings; No Other Licenses. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying BankRoll Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the BankRoll Content. Nothing contained on our Platforms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services, Platforms or BankRoll Content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Platforms. Any other trademarks, service marks, logos and/or trade names appearing via the Platforms are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
c. BankRoll Content Provided “AS IS”. The BankRoll Content may contain typographical errors, other inadvertent errors, or inaccuracies. BankRoll reserves the right to make changes to document names and content, descriptions or specifications of products or services, or other information, without obligation to issue any notice of such changes.
d. Permitted Use of BankRoll Content. You may view, copy, download, and print BankRoll Content that is made available to you on our Platforms or through our Services, subject to the following conditions:
i. You may only use the BankRoll Content for your internal informational purposes in compliance with all laws and regulations that apply to you. You may not resell or use the Services to provide services to any third party. You may not reproduce or transmit any part of our Services or the BankRoll Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
ii. You may not modify, alter, or prepare derivative works based on the BankRoll Content, or distribute copies of or publicly distribute, perform or display the BankRoll Content, including without limitation by posting the BankRoll Content on any network computer or distributing the BankRoll Content on or in any media, except as we may permit on a case-by-case basis.
iii. You may not remove copyright, trademark, and other proprietary notices from the BankRoll Content.
Nothing contained within our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any BankRoll Content displayed on our Platforms, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with BankRoll’s prior written permission or the permission of the third party that owns the trademark or copyright of the BankRoll Content displayed on our Platforms.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE BANKROLL PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BANKROLL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE BANKROLL PLATFORM OR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BANKROLL PLATFORM IS AT YOUR SOLE RISK.
BANKROLL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE BANKROLL PLATFORM, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BANKROLL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE BANKROLL PLATFORM IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
BANKROLL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE BANKROLL PLATFORM AND SERVICES, YOUR USE OF THE BANKROLL PLATFORM, SERVICES OR THESE TERMS AND CONDITIONS, EVEN IF BANKROLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, BANKROLL’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS), EXCEPT TO THE EXTENT ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER CAUSE FOR WHICH APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION.
BANKROLL IS NOT LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR INCONVENIENCE ARISING OUT OF YOUR USE OF THE BANKROLL PLATFORM AND SERVICES. BANKROLL RESERVES THE RIGHT TO CANCEL OR RESTRICT YOUR ACCESS TO THE BANKROLL PLATFORM AND SERVICES WITHOUT NOTICE TO YOU. BANKROLL IS NOT RESPONSIBLE FOR DAMAGES SUFFERED BY YOU OR ANY INCONVENIENCE CAUSED DIRECTLY OR INDIRECTLY BY OUR TERMINATION OF YOUR ACCESS TO THE BANKROLL PLATFORM OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, BANKROLL WILL NOT ACCEPT OR HAVE ANY LIABILITY IN THE EVENT OF UNAUTHORIZED USE OF YOUR ACCOUNT WITH BANKROLL, THE CONDUCT OF FRAUDULENT OR ILLEGAL ACTIVITIES VIA YOUR ACCOUNT WITH BANKROLL, ANY INABILITY TO TRANSACT OR PROBLEMS RELATED TO POOR INTERNET ACCESS, MOBILE DEVICE OR COMPUTER FAILURE OR OTHER COMMUNICATION ISSUES, OR ANY ISSUES RELATED TO THE TIMELY EXECUTION OF A PAYMENT, TRANSFER, DEPOSIT OR SIMILAR.
WHILE BANKROLL ENDEAVORS TO PROVIDE SECURE, FAULT-FREE ACCESS TO THE BANKROLL PLATFORM AND SERVICES AT ALL TIMES, WE PROVIDE THE BANKROLL PLATFORM AND SERVICES “AS-IS”, AND IN NO EVENT WILL WE ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT OR PUNITIVE DAMAGES BY OMISSION OR OTHERWISE AS A RESULT OF THE USE OF THE BANKROLL PLATFORM AND SERVICES.
Until your access to the BankRoll Platform is terminated by either you or BankRoll, these Terms and Conditions will remain in force.Termination by you:
You may terminate these Terms and Conditions by notifying BankRoll via feedback option in “settings” of your intention to terminate.
In such event, BankRoll will delete your User Profile and deactivate your login within 48 hours.
Any funds held in your BankRoll Account at the time of termination will be credited to your Primary Account.Termination by BankRoll:
BankRoll may terminate these Terms and Conditions at any time upon notice, to the email address provided by you as part of your User Profile.
In such event, BankRoll will delete your User Profile and deactivate your login within 48 hours.
Any funds held in your BankRoll Account at the time of termination will be credited to your Primary Account.
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against BankRoll prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Service, such termination shall not be effective until 30 days after the version of these Terms of Service not containing the arbitration procedures is posted to the Website, and shall not be effective as to any claim that was filed in a legal proceeding against BankRoll prior to the effective date of removal.
These Arbitration provisions will survive the termination of Your relationship with BankRoll.
If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms and Conditions as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms and Conditions that is unlawful, void or unenforceable shall be stricken from these Terms and Conditions.
You agree that if BankRoll does not exercise or enforce any legal right or remedy which is contained in these Terms and Conditions, this will not be taken to be a formal waiver of BankRoll’s rights and that those rights or remedies will still be available to BankRoll.
All covenants, agreements, representations and warranties made in these Terms and Conditions shall survive your acceptance of these Terms and Conditions and the termination of these Terms and Conditions.
These Terms and Conditions represent the entire understanding and agreement between you and BankRoll regarding the subject matter of the same, and supersede all other previous agreements.