Columbia Bank Card Controls Terms & Conditions
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE AGREEING TO PARTICIPATE IN THE COLUMBIA BANK CARD CONTROL SERVICE (THE "SERVICE"). YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("AGREEMENT") AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT.
THE “SERVICE”. The Service is offered by Columbia Bank (referred to herein as “Columbia Bank”, "Bank", "us", "we" or "our") and is designed to allow you to temporarily or permanently disable your debit card in the event it is misplaced, lost, or stolen. The Service may also be used for the Bank to send you Transaction Alerts via SMS or email notifications. Access to the Service is limited to Columbia Bank’s Online or Mobile Banking platform.
The Service does not allow for the cancellation of authorized or pre-authorized debit card transactions. It is not intended as a method for stopping payment on authorized or pre-authorized transactions. In accordance with Visa® Operating Rules, all transactions for which there is a prior authorization will be paid by Columbia Bank. This applies to authorizations made in both card-present and card-not-present situations, and in cases of pre-authorized recurring transactions. Pre-authorized recurring transactions must be stopped in accordance with the agreement made with the merchant involved in the pre-authorizations.
Certain functionality within the Service may not be available for all transactions. In the case where card-not-present transactions or transactions where the actual location of the merchant differs from the merchant’s registered address, the Service may not function as expected.
We may amend this Agreement at any time by posting a revised version here or on our website. You may be required to affirmatively accept the revised Agreement in order to continue using the Service. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision.
The terms of this Agreement will also govern any upgrades or modifications that replace or supplement this Service, unless such upgrade is accompanied by a separate Agreement, in which case the terms of that Agreement will govern.
FEES. The Bank does not charge for use of the Service. However, in order for Transaction Alerts to be sent to your mobile telephone number(s), you must (i) own a two-way text message (or "SMS") capable mobile phone that is registered on a carrier network, (ii) have enrolled in a data plan that includes use of your mobile handset’s SMS capabilities and (iii) ensure that your account remains in good standing with your wireless service carrier. You hereby acknowledge and agree that standard text messaging rates apply for each text message sent from and received by your mobile phone as determined by your wireless service carrier. You are solely responsible for such charges and any other charges from your wireless service carrier. You should contact your wireless service carrier for complete pricing details.
TRANSACTION ALERTS. Following your registration to receive Transaction Alerts sent to your mobile telephone number(s), the actual time between a transaction made with your Card that triggers a Transaction Alert and the time you receive such Transaction Alert is dependent on your wireless carrier’s service and coverage within the area in which you are physically located at that time. Your receipt of Transaction Alerts may not be available in all areas.
ELIGIBILITY. The Service is only available to individuals who are: (i) of legal age of majority in their jurisdiction of residence (and at least 18 years of age); and (ii) own a Columbia Bank debit card that is in good standing and eligible for the Service ("Card"). Eligibility of a Card will be determined by us in our sole and absolute discretion. Our decisions with respect to your eligibility are final and binding. We reserve the right to terminate your participation in the Service at any time. You must qualify for Online and Mobile Banking services in order to use the Service. You must adhere to the terms and conditions outlined in separate agreements for Online and Mobile Banking, and the Electronic Fund Transfer Disclosure Statement, which is included as part of the Bank’s Deposit Account Agreement and Disclosure booklet.
AVAILABILITY OF SERVICE. While we will make every effort to decline transactions while your card is in a deactivated state, we cannot guarantee that all such transactions will be declined due to circumstances beyond our control. You acknowledge that the deactivation function is reliant on computer and/or telecommunication systems. Disruptions to these systems may result in the authorization of transactions, even when the card is in a deactivated state. Reactivation of cards may be unavailable during certain times of the day. We will attempt to notify you of these times. Transactions are covered by the protections offered by Visa® and regulatory agencies, as described in the Electronic Fund Transfer Disclosure Statement, which is included as part of the Bank’s Deposit Account Agreement and Disclosure booklet.
You are responsible for monitoring your account activity, whether electronically or by checking your statements. Use of the Service does not override your responsibility to report unauthorized transactions in a timely manner as described in the Electronic Fund Transfer Disclosure Statement. The Bank assumes no liability for failure of the Service to work in the expected manner.
NO AMENDMENT OF EXISTING TERMS AND CONDITIONS FOR CARDS. The Transaction Alerts that are provided to you through this Service do not amend, supplement, change or replace any other notice or information that you may receive in connection with your card account, including, but not limited to, any information provided to you on your periodic statement or cardmember agreement.
LIMITATIONS.
1. No Warranties. Equipment, Computer, and Software. Columbia Bank, its Directors, Officers, Employees, Staff, Representative, Assigns, Related Parties, Affiliates, Subsidiaries, Division, Licensors, Contractors, Business Partners and their affiliates and the employees and contractors of each of these, Advertising and Promotion Agencies or their Service Providers will collectively be referred to as “Released Parties”. The Service and related documentation are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. In particular, while the Bank will take commercially reasonable precautions to protect the Service and avoid deletion, corruption, unauthorized modification or access of or to the Service and to provide the Service error-free, it does not guarantee continuous, uninterrupted or secure access to any part of our Service, and operation of the Service may be interfered with by numerous factors outside of our control. Some states do not allow the disclaimer of certain implied warranties, so the foregoing disclaimers may not apply to you to the extent they are prohibited by state law. Released Parties specifically disclaim all liability whatsoever with respect to any failure to protect the Service or provide the Service error-free or uninterrupted.
2. Limitation of Liability. You acknowledge and agree that from time to time, the Service may be delayed, interrupted or disrupted for an indeterminate amount of time due to circumstances beyond the Bank’s 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 the Released Parties be liable for any claim arising from or related to the Service that is caused by or arises out of such delay, interruption, disruption or similar failure be liable for an indirect, special, incidental, consequential, punitive or exemplary damages, or 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 Service, or the website through which the Service is offered, even if such damages were reasonably foreseeable and notice was given regarding them. In no event shall the Released Parties be liable for any claim arising from or related to the Service or the website through which the Service is offered, that you do not state in writing in a complaint filed in a court of arbitration proceeding within two (2) years of the date that the event giving rise to the claim occurred. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory. The Bank’s aggregate liability, and the aggregate liability of Released Parties of each of these to you and any third party for any and all claims or obligations relating to this Agreement shall be limited to direct out of pocket damages up to a maximum of $500 (five hundred dollars).
You hereby release the Released Parties from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you and one or more other users of the Service.
3. Indemnity. You shall indemnify and hold harmless the Released Parties from any loss, damage, claim or demand (including attorney's fees) made or incurred by any third party due to or arising out of your breach of this Agreement or your use of the Service.
DISPUTE RESOLUTION. Any claim shall be handled in accordance with the dispute resolution provisions of the agreement governing your Card account, specifically under the Electronic Fund Transfer Disclosure Statement section of our Deposit Account Agreement and Disclosure.
ENFORCEABILITY. The Bank shall not be deemed to have waived any rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on the Bank’s part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Bank with respect to the subject matter covered herein, sets forth the entire understanding between the Bank and you with respect to the Service, and the website through which the Service is offered, and supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Bank. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Any terms which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.
You agree that the Bank may contact subscribers of the Service by posting on a website associated with the Bank or the Service, email, text, message, and/or U.S. postal service. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by postal mail, which shall be deemed received by you no later than three (3) business days after it is mailed. You may request a paper copy of any legally required disclosures and you may terminate your consent to receive required disclosures through electronic communications by contacting the Bank in writing. The Bank reserves the right to charge you a reasonable fee to respond to each such request. The Bank reserves the right to terminate your use of the Service if you withdraw your consent to receive electronic communications. By providing the Bank with a telephone number (including a mobile telephone number) and/or email address, you consent to receiving calls and text messages from the Bank or our third-party business partners at that number, and emails for everyday business purposes (including identity verification). You further consent to receiving text messages at that number, and emails for marketing purposes.
TERMINATION. We may terminate or suspend the Service, or your use of the Service, at any time. You may terminate your use of the Service at any time through the Card Control application or by giving notice to us. Your notice will not be effective until we receive your notice of termination and we have had a reasonable time to act upon it. Without limiting the foregoing, this Agreement may be terminated if you breach any term of the Agreement, if you use the Service for any unauthorized or illegal purposes or you use the Service in a manner inconsistent with the terms of your Card or any other Agreement with us.
CONTACT US. If you have any questions about the Service or any card transaction, please visit columbiabankonline.com or contact our Customer Service Center at 1-800-522-4167.
