PAYFARE PROGRAM TERMS
Effective Date: May 9, 2019
NOTICE OF ARBITRATION PROVISIONS: Your use of the Online Services is subject to binding individual arbitration of any disputes which may arise, as provided in Section VI “Arbitration” of the BDA Agreement. Please read the arbitration provisions carefully and do not use our Online Services if you are unwilling to arbitrate any disputes you may have with us as provided below.
1. THE PROGRAM:
If you are accepted into the Program, you will be able to access the funds deposited to your Business Deposit Account in accordance with the BDA Agreement to, among other things, make purchases, withdraw money and use other services as may be available. You should refer to the BDA Agreement for a complete description of terms, account features and fees.
Please note the neither Program nor the Online Services are being offered or operated by Lyft. By enrolling in the Program and using the Online Services, you agree that Lyft is not responsible for any aspect of the Online Services or the Program.
2. ACCOUNT AND PASSWORD SECURITY
When you download the App, you will be asked to choose a password. You must keep your password confidential and notify us immediately if you become aware of any disclosure of your password to any third party, or if you believe a third party may have gained access to your password.
You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient, it is your responsibility to either implement your own additional security or not use the Online Services.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
3. PRIVACY AND PERSONAL DATA
4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SIGNATURES
You agree that we may provide disclosures and notices required by law and other information about the Program and the Online Services (“Documents”) to you electronically, by pushing Documents through the App or your cellular telephone number, by text messages, by calls or by email to the most current cellular telephone number or email address, as applicable, listed in your account. Documents may include, but are not limited to (1) agreements and policies required to participate in the Program, (2) authorizations and transaction receipts or confirmations, and (3) reminders, account updates, account statements and history.
You have the ability to download and print copies of Documents that we provide to you via email. You may request a paper copy of the Program application and any other Documents that we provide to you in electronic format by sending your name, email, telephone number, date, postal address, and the name of the Document(s) you would like to receive by visiting the support section of the Payfare App. At this time, we will not charge a fee to provide paper copies of Documents, but we reserve the right to charge a fee in the future.
At any time, you may withdraw your consent to receive further Documents in electronic format by notifying us by email to email@example.com. Withdrawal of your consent to receive Documents in electronic format will result in termination of your access to the Online Services. Your withdrawal of your consent will be effective after we have a reasonable period of time to process it. At our option, we may treat your provision of an invalid email address as a withdrawal of your consent to receive electronic Documents.
Our ability to provide you with Documents via email is dependent on your maintaining a valid email address and phone number with us. Therefore, you acknowledge that it is your obligation to immediately notify us if there is a change in your email address or phone number or other location to which the electronic Documents may be provided. For information that we provide via website, you acknowledge that it is your responsibility to check the website for updated Documents. You may update your information in the profile section of the Payfare App.
In order to view, access or retain the electronic Documents, you must have: (i) a mobile phone, personal computer, or other device that has access to the Internet, (ii) an Internet browser that is capable of supporting 128-bit SSL encrypted communications, and (iii) software that permits you to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader (which is available without cost from www.adobe.com). Your access to this page verifies that your system meets these current software and hardware requirements. These software and hardware requirements are subject to change without notice.
Should any technological changes be made that affect the hardware and software requirements above for you to view, access or retain the electronic Documents, we will notify you of such new requirements and (A) remind you of your right to withdraw your consent to receive electronic Documents, and (B) notify you if, at that time, we will charge a fee to receive paper Documents.
5. CELLULAR PHONE CONTACT POLICY
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future and permits such calls for non-marketing purposes. Calls and messages may incur access fees from your mobile services provider.
6. CONSENT TO RECEIVING TEXT MESSAGES AND OTHER COMMUNICATIONS
You will need to register your mobile device before we are able to send you text messages for the Online Services that use text messaging.
By registering your cellular phone number for text based services, you expressly consent to receiving text messages related to any of the Online Services that use such functionality. Message and data rates may apply and you are responsible for any such charges.
7. REPRESENTATIONS, WARRANTIES AND COVENANTS
With respect to your use of the Online Services, you represent, warrant and covenant to us that:
- you are at least twenty-one (21) years of age, or at least eighteen (18) years of age if you are approved to drive for Lyft in the State of New York;
- you are a Lyft Driver (as defined herein and in the BDA Agreement) and have the right, power, and ability to enter into and perform under these Terms;
- these Terms have been duly and validly delivered to you and agree the Terms create a legal, valid, and binding obligation, enforceable against you in accordance with its terms.
- any information you provide in connection with the Online Services and the Program, including your name, accurately and truthfully represents your personal identity and will be kept up to date if it changes;
- you will comply with all applicable federal, state, and local laws, rules, and regulations applicable to you in connection with these Terms;
- you will not assign or transfer your access to the App or otherwise allow other individuals to use the Online Services that are made available to you, including using another person’s login to access the Online Services;
- you will not use the Online Services, directly or indirectly, for any fraudulent, illegal or harmful undertaking, or in any manner to cause nuisance, annoyance or inconvenience;
- you will not use the Online Services with an incompatible or unauthorized device;
- you will not copy, or distribute the Online Services or other content of Payfare without prior written permission from Payfare;
- you will not use our Online Services in a manner or take any action, that causes, or may cause, damage to them or impair its performance, availability or accessibility;
- you will not use the Online Services or the Program in a manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- you will not use our Online Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Online Services without our express written consent;
- you will not use data collected from the Online Services or the Program for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing;
- you will not access or otherwise interact with our Online Services using an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Online Services;
- you will not reverse engineer the Online Services, or modify or make derivative works based upon the Online Services, copy any ideas, features, functions or graphics of the Online Services, create Internet “links” to the Online Services, or “frame” or “mirror” the Online Services on any other server or wireless or internet-based device;
- you will comply with your obligations under these Terms; and
- you acknowledge and agree that, to the fullest extent permitted by the applicable law, you assume the complete and total risk arising out of your use of the Online Services.
8. CHANGES TO THE SERVICES:
We may discontinue or change the Online Services or any function or feature at any time with or without notice except where prohibited by law. You agree that Payfare shall not be liable to you or any third party for any changes or discontinuance of any aspect of the Online Services.
9. EXTERNAL LINKS
The Online Services may contain links to third party websites or resources. The inclusion of any website or resource link does not imply an approval, endorsement, or recommendation by Payfare. Such third party websites and resources are not governed by these Terms. You access any such website or resource at your own risk. We expressly disclaim any liability for such websites and resources. When you use a link to go from the Online Services to a third party website or resource, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website or resource, including those that have a link in the Online Services is subject to that website’s or resource’s own terms, rules and policies.
10. OWNERSHIP AND INTELLECTUAL PROPERTY
10.1 You Gain No Ownership: No intellectual property ownership rights transfer from us to you as a result of these Terms, your use of the Online Services or your participation in the Program. The content of the Online Services and Program is protected by applicable copyright, trademarks, database and other intellectual property rights. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of our materials or content without our prior written permission.
10.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Online Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Payfare in any way.
11. LICENSE TO USE OUR ONLINE SERVICES
You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Online Services.
You acknowledge that we reserve the right to restrict or revoke your access or revoke to use our Online Services at any time and for any reason at our sole discretion.
Except as expressly permitted by these Terms, you must not edit or otherwise modify any Payfare material.
12. PAYFARE WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY
The Online Services are provided “as is” without representation or warranty, whether it is express, implied, or statutory. Without limiting the foregoing, to the extent permitted by applicable law, Payfare specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Payfare does not warrant or guarantee that the Online Services are accurate, reliable or correct; that the Online Services will meet your requirements; that the Online Services will be available at any particular time or location, uninterrupted, error-free, without defect or secure; that any defects or errors will be corrected; or that the Online Services are free of viruses or other harmful components.
Our liability is also limited as provided in the BDA Agreement.
13. LIMITATIONS OF LIABILITY
Payfare’s total liability under these Terms shall be limited to the greater of (i) the total amount of the monies, if any, paid to Payfare during the six month period immediately preceding the event giving rise to the claim for liability as a result of the specific Online Services provided to you (but specifically excluding amounts paid to Payfare on account of Lyft Drivers other than you), or (ii) $500. In no event shall Payfare be liable for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to lost profits, business opportunity, relationships with relatives, friends, or other affiliates of you, business interruption or any other loss, pecuniary or otherwise, and including any such alleged to result from Payfare’s performance of its obligations under these Terms).
UNDER NO CIRCUMSTANCES WILL PAYFARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE ONLINE SERVICES OR THE INFORMATION CONTAINED THEREIN.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PAYFARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You acknowledge and agree that the limited warranty, limited remedies and limitations on liability set forth in this Agreement are reasonable and constitute a fundamental part of the basis of Payfare’s bargain hereunder, without which Payfare would not enter into this Agreement, provide the Services or make the Program available.
14. LIMITATION ON TIME TO INTITIATE A CLAIM
Subject to the arbitration terms in the BDA Agreement, any action or proceeding by you arising under or relating to these Terms, must commence within one year after the cause of action accrues, of forever after be barred.
You agree to indemnify and hold harmless Payfare and our employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of these Terms. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs, awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Payfare reserves the right, in its sole discretion, to assume the exclusive defense and control of any claims, provided that such assumption shall not relieve you of the financial responsibility to pay for such indemnification. You agree to reasonably cooperate as requested by Payfare in the defense of any claims.
16. JURISDICTION LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under applicable law.
17.1 Termination by Payfare: We reserve the right to cease providing Online Services or suspend or restrict your access to Online Services at any time. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person. We are not liable to you or any other party for any termination of your access to the Online Services.
17.2 Termination by You: You may terminate use of the Online Services at any time. You are under no obligation to use the Online Services, and may simply choose to stop using Payfare or the Online Services at any time.
17.3 Survival of Obligations: Termination will not modify, change or void any payment or other obligations you may have incurred.
18. INTERNATIONAL USE
We make no representation that the Online Services are appropriate or available for use in locations outside the United States. If you choose to access the Online Services from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.
19. GENERAL PROVISIONS
19.2 Governing Law and Venue: You agree that the laws of the State of Delaware govern these Terms and its subject matter, without regard to its conflict of laws rules.
19.3 Remedies: You acknowledge that we are entitled to seek an injunction, if necessary, to stop or prevent a breach by you of your obligations under these Terms.
19.7 Waiver: Our failure to exercise or enforce any right or provision of these Terms is not a waiver of such right or provision.
19.9 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide the Online Services. We may subcontract or outsource any function of the Online Services.
19.10 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
19.11 Third Party Beneficiaries: These Terms are not intended to give rights to anyone except you and us.
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Effective Date: May 9, 2019
We are not responsible for the content or privacy practices on any website or mobile application that we do not operate to which we provide a link or that links to us.
INFORMATION WE COLLECT ABOUT YOU
We need to collect information about you to provide you with the Online Services. Additionally, you can choose to provide information to us.
Information You Provide to Us
- Registration Information. When you apply or sign up for Online Services, you provide us your name; email address; mailing address; phone number; birthdate; passport, driver’s license, Social Security Number (or similar governmental identification number); other historical, contact, and demographic information, and authentication credentials (for example, information you use to login to your account).
- Other Information You Provide. You may provide information to us, including your survey responses; suggestions for improvements; referrals; or any other actions performed on the Online Services.
Information We Collect From Your Use of the Online Services
- Transaction Information. When you use the Online Services, we collect information about when and where your transactions occur, the payment or transfer amounts, and the devices and payment methods used to complete the transactions.
- Geolocation Information. When you use the Online Services, we collect the location of your device. For more information and to learn how to disable the collection of location information, please go to ‘Location Information’ on your device.
- Device Information. When you use the Online Services, we receive information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with the Online Services.
- Usage Information. We collect information about how you use the Online Services, including your access time, “log-in” and “log-out” information, browser type and language, country and language setting on your device, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Online Services, your search terms, the website you visited before you visited or used the Online Services, data about how you interact with the Online Services, and other clickstream data.
- Information We Collect From Other Sources. When you apply and sign up for Online Services, Lyft and Stride Bank share information with us about you, such as Registration Information (as defined above) and Transactional Data (as defined below).
- Identity Verification. When you apply and sign up for Online Services, we may collect information from third-party verification services. In some circumstances, where lawful, this information may include your government-issued identification number.
- Compliance and Fraud. We may collect information about you from third parties in connection with any identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law.
- Transactional Data. To provide the Online Services, we collect from Lyft information regarding your Lyft earnings, and we collect information from Stride Bank regarding the transactions processed through the Program.
HOW WE USE YOUR INFORMATION
We may use information about you for a number of purposes, including those listed below, but in no event will information about you be used in violation of the Stride Bank Privacy Notice.
Operating the Online Services
- Providing, improving, personalizing and developing the Online Services;
- Communicating with you about the Online Services;
- Protecting the Online Services and maintaining a trusted environment;
- Processing or recording payment transactions or other transfers;
- Providing you with Online Service products and features you choose to use;
- Displaying your historical transaction information;
- Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages, including to resolve disputes, collect fees, and provide assistance for problems with the Online Services;
- Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of the Online Services.
Communicating with You About the Program and the Online Services
- Sending you information we think you may find useful or which you have requested from us about the Program or the Online Services; and/or
- Conducting surveys and collecting feedback about the Program and/or the Online Services.
Protecting the Program and the Online Services / Maintaining a Trusted Environment
- Investigating, detecting, preventing, or reporting fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account;
- Protecting our or your rights or property, or the security or integrity of the Program and the Online Services;
- Verifying your identity (e.g., through government-issued identification numbers);
- Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
- Fulfilling any other purpose disclosed to you in connection with the Program or the Online Services; and/or
- Contacting you to resolve disputes, collect fees, and provide assistance with the Online Services.
- For any other lawful purpose disclosed to you in connection with the Online Services from time to time.
HOW WE SHARE YOUR INFORMATION
Notwithstanding anything to the contrary herein, any information that we receive about you will always be subject to the Stride Bank Privacy Notice. Subject to foregoing notice, we may share information about you as follows:
With our Family of Companies
- With our wholly or majority owned group companies, for the purposes outlined above, provided that we will not share information if to do so would violate any agreement we have with Stride Bank.
With Bank Approved Third Parties
- With Stride Bank approved third parties as necessary to provide, maintain, and improve the Program or the Online Services, including Lyft, service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection) and payment networks, provided that we will not share information if to do so would violate any agreement we have with Stride Bank.
Business Transfers and Corporate Changes
- To a subsequent owner, co-owner, or operator of the Program or of one or more of the Online Services; or
- In connection with (including, without limitation, during the negotiation or due diligence process of) a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, or dissolution of all or a portion of our business; or other corporate change.
Safety and Compliance with Law
With Your Consent
- With your consent, provided that we will not share information if to do so would violate any agreement we have with Stride Bank. For example:
- At your direction or as described at the time you agree to share; or
- When you authorize a third party application or website to access your information.
Aggregated and De-Identified Information
- We also may share (within our group of companies or with third parties) aggregated and de-identified information that does not specifically identify you, your transactions, or any individual user of the Online Services.
HOW LONG WE RETAIN YOUR INFORMATION
COOKIES AND OTHER SIMILAR TECHNOLOGIES
We use various technologies to collect information when you access or use the Online Services, including placing a piece of code, commonly referred to as a “cookie,” or similar technology on your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We will begin collecting information about you or from activity on devices you use as soon as you use the Online Services. For more information and to learn how to block or delete cookies used in the Online Services, visit http://www.allaboutcookies.org
Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Online Services and, as such, will last longer.
- Remember that you have visited us or used the Online Services before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
- Collect data about the way you interact with the Online Services (e.g., when you use certain features).
- Collect anonymous statistical information about how you use the Online Services (including the length of your web or application session) and the location from which you access the Online Services, so that we can improve the Online Services and learn which elements and functions of the Online Services are most popular with our users.
Some of the cookies used in the Online Services are set by us, and others are set by third parties who deliver services on our behalf.
Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.
You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Online Services, you may not be able to take full advantage of the Online Services.
We also may collect information using web beacons. Web beacons are electronic images that may be used in the Online Services or emails. We use web beacons to deliver cookies, track the number of visits to our website and apps, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
The Online Services are only available to individuals 18 years of age or older. If we obtain actual knowledge that any personal information we collect has been provided by a child under the age of 13, or If you believe that a child has provided personal information to us and contact us using the contact information detailed below, we will promptly delete that information.
You may access, change, or correct information that you have provided by logging into your Payfare account on the Lyft Direct Payfare Bank Mobile App at any time.
Closing Your Account
If you wish to close your account, you can do so by logging into your Payfare account using the Lyft Direct Payfare Bank Mobile App.
In order to provide certain of the Online Services, we may require access to location information, including precise geolocation information collected from your device. If you do not consent to collection of this information, certain Online Services will not function properly and you will not be able to use those Online Services. You can stop our collection of location information at any time by changing the preferences on your mobile device. If you do so, some of our mobile applications will no longer function. You also may stop our collection of location information via mobile application by following the standard uninstall process to remove all Payfare mobile applications from your device. By not deactivating access to your location information on your mobile device, you will be deemed to consent to providing us with such information.
You can opt out of receiving promotional messages from us by following the instructions in those messages or by changing your notification settings by logging into the Lyft Direct Payfare Bank Mobile App. Opting out of receiving communications may impact your use of the Online Services. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.
California Privacy Rights
California law permits residents of California to request certain details about our disclosure of your personal information to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a California resident and would like to request this information, please contact us at: firstname.lastname@example.org.
Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. We do not have a mechanism in place to respond to DNT signals.
We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.
STORAGE AND PROCESSING
We may use third-party service providers to process and store your information in the United States, Canada and other countries.
67 Mowat Ave., Suite 402
Toronto, Ontario M6K 3E3 Canada
ATTN: Privacy Department
If you have any questions or concerns regarding our notice, or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.
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- LYFT DIRECT PAYFARE REWARDS TERMS AND CONDITIONS
Effective Date: May 9, 2019
Lyft and Payfare have agreed to create a Lyft Direct rewards program (the “Rewards Program”) whereby Lyft drivers who hold the Lyft Direct Business MasterCard® Debit Card (the “ Business Debit Card”) will be eligible to earn certain rewards based on their use of the Business Debit Card (collectively, “Driver Rewards”). These terms and conditions (the “Rewards Terms”) set forth the terms of the Lyft Rewards Program and constitute a legally binding agreement between the recipient cardholder (“you”) and Payfare (also referred to herein as “we” or “us”). These Rewards Terms are separate and independent of any agreement between you and Lyft, or between you and Stride Bank. You will find the most current version of the Rewards Terms in the Lyft Direct Payfare App (“Payfare App”). Subject to applicable law, we reserve the right, at any time and in our sole discretion, to prospectively change, modify or otherwise alter these Rewards Terms at any time, effective immediately when posted to the Payfare App.
By activating the Business Debit Card, you will be automatically enrolled in the Lyft Rewards Program. By Using the Business Debit Card, you agree to these Rewards Terms. If you do not agree with these Rewards Terms, then do not use your Business Debit Card. Use of your Business Debit Card does not guarantee your continuous or future eligibility to participate in the Rewards Program or to receive any particular rewards offering. We reserve the right to limit Rewards Program eligibility at any time.
Categories of Rewards
The Driver Rewards available under the Rewards Program shall initially consist of: (1) cash payments (“Cash Back”), based on point-of-sale spend in specified categories through the use of your Business Debit Card, and (2) on-the-spot rewards at participating merchants. Information on the latest cash back categories, percentages, and participating merchants can be found on the Lyft Direct homepage. Lyft and Payfare may choose to offer new rewards in the future. Please check the Lyft Direct home page to learn more about the current Driver Rewards offerings.
Mastercard Easy Savings Program is offered by Mastercard, and is not part of this Rewards Program; separate terms and conditions apply. See the Guide to Benefits in the Stride Bank Account Agreement, or visit www.easysavings.com to learn more.
Earning and Redeeming Cash Back
You may have the opportunity to earn Cash Back pursuant to the Rewards Program by using your Business Debit Card on purchases in Cash Back categories made at qualifying merchant locations. Whether or not you are eligible to earn Cash Back at a particular merchant location is dependent on the location’s merchant category code, as assigned by the payment networks. You may only earn Cash Back at merchant locations with qualifying merchant category codes. The participating merchants and the categories of purchases eligible to receive Cash Back are subject to change. Cash Back will be calculated as a percentage of total net qualifying purchases (excluding purchases that are returned or cancelled) and will be rounded to the nearest cent. The maximum amount of Cash Back that you can earn for purchases in any category, or with any merchant, may change or be limited by month, year or dollar amount. Current Cash Back rates, participating merchants, categories of eligible purchases, and any applicable limits can be found at the Lyft Direct home page.
Qualifying purchases for Cash Back may only be made through the use of your Business Debit Card. Among the purchases/transactions that shall not be considered qualifying purchases for purposes of earning Cash Back are: ATM transactions, cash withdrawals, quasi-cash transactions (i.e. purchase of items that convert to or substitute for cash, such as digital wallets, travelers checks, etc.), the use of your Business Debit Card to purchase gift cards or for funding another card or account, using our online bill pay service to pay bills, transferring funds from your Lyft Business Deposit Account (“Business Deposit Account”) to another bank account or credit card account through the use of your Business Debit Card, and transactions conducted the Payfare App (such as online bill payments or person-to-person transfers).
You may track the amount of your Cash Back by visiting the Rewards section in the Payfare App. Cash Back will only appear in the Rewards Tab after the qualifying transaction settles, which may take up to three (3) business days. Your Cash Back total will accumulate in your Payfare App rewards account, without interest, until you redeem it, at which point your Cash Back will be deposited into your Business Deposit Account balance. We may require that you first accumulate a minimum amount of Cash Back in your rewards account before redeeming to your Business Deposit Account balance.
Earning Additional Rewards and Cash Back through Lyft Driver Rewards
You may be eligible to earn additional Cash Back pursuant to the Lyft Driver Rewards Program (the “Driver Loyalty Program”). In order to earn such additional rewards or Cash Back you must (i) hold a Business Deposit Account and be eligible to participate in this Rewards Program, (ii) be eligible to participate in the Driver Loyalty Program, (iii) earn and maintain your qualification(s) for the relevant Driver Loyalty Program tier, and (iv) use your Business Debit Card as described in the Section above. The Driver Loyalty Program is separate from this Rewards Program and is governed by the Driver Loyalty Program Terms and Conditions. The terms of the Driver Loyalty Program, including the category or amount of any additional cash back, the conditions of participation, the qualification and eligibility criteria, and any additional associated rewards, are subject to change and may be modified, reduced, or terminated, at any time, with or without notice.
Suspension/Termination of Your Participation in the Rewards Program.
We reserve the right to suspend or prohibit your ability to earn, use or redeem the Cash Back referenced above, or otherwise participate in the Rewards Program, in the event you (i) violate any of the Rewards Terms; (ii) act in a manner inconsistent with applicable laws; (iii) engage in any misconduct or wrongdoing in connection with your Business Debit Card, the Rewards Program, or the Lyft platform; (iv) structure purchases or conduct transactions with your Business Debit Card to manufacture spend; or (v) engage in any fraudulent or inappropriate acts. If Lyft advises us that you are no longer a driver with Lyft (which may include, but will not be limited to, criteria such as your passenger rating, cancellation rates, and safety record) then your participation in the Rewards Program may be terminated by us without notice to you. Any Cash Back earned and/or accrued in violation of these Rewards Terms may be revoked by us in our sole discretion. Your ability to participate in the Rewards Program will be suspended or terminated if either you or we place your Business Deposit Account in a status that prevents you from receiving deposits or using your Business Debit Card for purchases.
Cancellation of Your Lyft Direct Business Debit Card or Participation in the Rewards Program.
Subject to the terms of the Business Deposit Account Agreement, if you cancel your Business Debit Card or stop driving for Lyft, any earned/accrued but not yet deposited Cash Back will be treated as part of your account balance. Note that if your Business Deposit Account balance has a negative balance at the time of cancellation, we may exercise our right to set off using your earned/accrued Cash Back. See the Business Deposit Account Agreement for complete terms regarding cancellation.
In the event of an otherwise irreconcilable conflict between these Reward Terms and other agreements or terms between you and Stride Bank N.A. (“Stride Bank”), such as the Business Deposit Account Agreement between you and Stride Bank that governs participation in the Business Debit Card and associated Business Deposit Account (the “Program”), these Rewards Terms control with respect to the Rewards Program, but only to the extent necessary to resolve the inconsistency; otherwise your agreements with Stride Bank will govern, with regard to conflicting provisions.
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