Tribal does not charge an Account Owner a fee for opening or maintaining an account. However, an Account Owner's participation in certain levels of products or services offered by Tribal may result in a monthly subscription fee and/or other fees. Additionally, late fees are incurred when payment is not received by the due date. Tribal has the right to modify its products, services, rates, and fees; however, it generally will not do so without giving Account Owner prior notice, except where such a change is required by Tribal's card issuers or third-party service providers or is required by law. Please see Tribal's legal agreements for additional details.
Thank you for choosing to be part of our community at Aingel Corp, doing business as Aingel and Tribal Credit (“Aingel”, “Tribal”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our Policy, or our practices with regards to your personal information, please contact us at email@example.com or at our registered office 75 E Santa Clara Street, Floor 6, San Jose, CA 95113, USA.
Address (email): firstname.lastname@example.org
Address (physical): Tribal Credit, 75 E Santa Clara St., Floor 6, San Jose, CA 95113 USA
Anonymization: use of reasonable technical means available at the time of processing, by which the data loses the possibility of direct or indirect association with an individual.
Anonymized data: data related to a Holder that cannot be identified, considering the use of reasonable technical means available at the time of processing.
Authorization: Prior, express, and informed consent of the Holder to carry out the processing of personal data.
Blocking: temporary suspension of any treatment operation, keeping personal data or the database.
Communication or transmission of data: disclose in any way the personal data to persons other than the Holder, whether determined or indeterminate.
Consent: free, informed, and unequivocal expression by which the Holder accepts the processing of their personal data for a specific purpose.
Data: facts, statistics, details, and information provided or collected or learned about something or someone for reference or use or storage or analysis
Data blocking: the temporary suspension of any stored data processing operation.
Data dissociation procedure: all processing of personal data in such a way that the data obtained cannot be associated with a specific or determinable person.
Data modification: any change in the content of the data stored in records or databases.
Data sharing: communication, dissemination, international transfer, interconnection of personal data or shared treatment of personal data banks by public bodies and entities in compliance with their legal powers, or between them and private entities, reciprocally, with express authorization, for one or more treatment modalities allowed by these public entities, or between private entities.
Database custodian: Natural person, within Tribal, who guards the personal databases.
Database: structured set of data, including personal data, established in one or more places, on electronic or physical support.
Elimination: elimination of data or data sets stored in a database, regardless of the procedure used.
Expired data: which has become out of date by provision of the law, due to the fulfillment of the condition or the expiration of the period indicated for its validity or, if there is no express rule, due to the change in the facts or circumstances indicated.
Habeas data: It is the right of the Holder of the personal data to demand from the database custodian access, inclusion, exclusion, correction, addition, updating and rectification of the data, as well as the limitation in its disclosure, publication, or transfer.
Holder: The person who owns the personal data that is subject to treatment.
Impact report on the protection of personal data: documentation of the database custodian that contains the description of the personal data processing processes that may generate risks to civil liberties and fundamental rights, as well as measures, safeguards, and risk mitigation mechanisms.
International data transfer: transfer of personal data to a foreign country or international organization of which the country is a member.
Legislation: European Union’s (EU) General Data Protection Regulation, Canada Personal Information Protection and Electronic Documents Act (PIPEDA), US Electronic Communications Privacy Act (ECPA), California Civil Code Section 1798.83, also known as the “Shine The Light” law, or the California Consumer Privacy Act of 2018, Colombian regulation, Law 1581 of 2012, Decree 1074 of 2015, Law 962 2005 and Law 1480 from 2011, Brazilian Regulation, Law 13,709 in relation to Law 13,853, Chilean Regulation, Law 19628, Peruvian Regulation, Law 29733 and Law 27444. Federal Law on Protection of Personal Data Held by Individuals and its Regulations (MEXICO)
Operator: a person, under public or private law, who processes personal data on behalf of the person responsible for the treatment.
Owner of personal data: Natural person whose data is subject to treatment (Holders). In the context of this Policy, the Holders may be: (i) Customers; (ii) Suppliers; and (iii) all those persons not related to Tribal whose personal data is processed.
Person: a natural person or legal person.
Person in charge of the treatment: Person of a public or private nature that by itself or in association with others, carries out the processing of personal data on behalf of the database custodian.
Personal data: Any data concerning or linked to specific or determinable natural persons.
Personal database: Organized set of personal data that are subject to treatment by a person.
Privacy notice: Verbal or written communication addressed to the Holders of the personal data that are being processed by a company, in which they are informed about the existence of the personal data treatment policies that will be applied to them, the form of access them, and the purposes for which the Holders personal data will be used.
Private data: It is that personal data that, due to its intimate or reserved nature, is relevant for the Holder.
Public data: Personal data classified as such according to the Constitution and/or the law, and that has not been classified as private or semi-private personal data.
Research body: body or entity of direct or indirect public administration or non-profit private law legal person, legally constituted under Brazilian law, with headquarters and jurisdiction in the country, which includes in its institutional mission or in its corporate purpose or basic or applied regulatory research of a historical, scientific, technological, or statistical nature; and (Wording given by Law No. 13,853, of 2019)
Responsible for the treatment: Person of a public or private nature that by itself or in association with another or others decides on the processing of personal data. In this case, Tribal will be responsible for the treatment.
Semi-private data: It is that personal data known and of interest both for the Holder and for a certain sector of person or for society in general, so it is not of an intimate, reserved, or public nature.
Sensitive data: Personal data that affects the privacy of the Holder and whose incorrect use could generate discrimination. Sensitive data, among others, are considered health data, data on sexual orientation, racial and ethnic origin, political opinions, religious, philosophical, or moral convictions.
Sources accessible to the public: records, or compilations of personal data, public or private, with unrestricted access or reserved for applicants.
Statistical data: the data that, in its origin, or because of its treatment, cannot be associated with an identified or identifiable owner.
Transfer: The transfer of personal data takes place when the database custodian and / or person in charge of the treatment of personal data sends the data or personal data to a recipient, who in turn is responsible for the treatment and is inside or outside the country.
Transmission: Processing of personal data that implies communication to a third party, within or outside the territory of the country, when said communication is intended to carry out a treatment by the person in charge on behalf of and on behalf of the database custodian, for fulfill the purposes of the latter.
Treatment: Any operation or set of operations on personal data, such as the collection, storage, use, circulation, or deletion.
Ways to collect personal data: Tribal may know, collect, store, manage the data of the Holder of the data in accordance with the data use policy contained herein through the following means:
(i) mobile application; (ii) website or mobile application (iii) contract, alliance and / or agreement with Tribal and (iv) Tribal's Provider.
As established in legislation, the protection of personal data will be governed by the harmonious and comprehensive application of the following principles:
The personal data we collect depends on the context of your interactions with us and our Sites, the choices you make, and the products and features you use.
The personal data we collect may include the following:
By automatically storing the data of the users who access the Tribal platform using cookies. Some of the data that can be stored automatically are the URL, the browser used, IP address among others.
In Short: We collect personal information when you visit our Sites, that you provide to us through forms, or when you communicate with us.
The personal information that we collect depends on the context of your interactions with us and our Sites, the choices you make, and the products and features you use. The personal information we collect can include the following:
In Short: Some data – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Sites.
We automatically collect certain data when you visit, use, or navigate our Sites. This data does not reveal your specific identity (like your name or contact data) but may include device and usage data, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, data about how and when you use our Sites and other technical data. In some countries and/or regions, this data is considered personal data under applicable data protection and/or privacy laws or regulations. Like many businesses, we also collect data about how your device has interacted with our Sites, including the pages and products and services accessed, time spent on Sites, and links clicked through cookies and similar technologies. This data is primarily needed to maintain the security and operation of our Sites, your account security, anti-fraud measures, and for our internal analytics and reporting purposes.
In Short: We may collect data from public databases, marketing partners, social media platforms, and other outside sources to the extent permitted by applicable laws.
We may obtain data about you from other legally permissible sources, such as public databases, governmental databases, joint marketing partners, social media platforms, as well as from other third parties. Examples of the data we receive from other sources include: profile data (your name, gender, birthday, email, current city, state and/or country, user identification numbers for your contacts, profile pictures, URL, employer, employer’s address, employment title, employment contact data, social media followers, business’ size and status, and any other data that you choose to make public or accessible); marketing leads, search results, and links, including paid listings (such as sponsored links).
In Short: The legal bases for using your data are legitimate business interests, the fulfillment of a contract with you, compliance with our legal obligations, and/or your consent.
We use data collected via our Sites or from outside sources for a variety of business purposes that are legally permissible as described below. We process your data for the following purposes — our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on for each purpose listed below.
We use the data we collect or receive to:
The personal data that Tribal collects are included in a database to which the authorized personnel of Tribal have access in the exercise of their functions, noting that in no case is the processing of the data authorized for purposes other than those described herein, and they are communicated to the Holder directly at the latest at the time of collection.
Principal purposes of treatment
Secondary purpose of treatment:
For other purposes or treatment, prior, express, and informed authorization will be requested from the Holder.
In Short: We only share data with your consent, to comply with laws and legal obligations, to protect your rights, or to fulfill contracts and other business obligations.
We may process or share data based on the following legal bases:
We may also need to process and/or share your data in the following situations:
Tribal may share the information of the personal data with those third parties that are necessary for the development of its activities and corporate purpose, always protecting the rights and data of the data owner. The transmission or transfer of personal data that is carried out will observe the rules that the applicable regulations and the supervisory authority provide for this purpose.
In the case of national transmissions or transfers of personal data, Tribal will ensure compliance with the requirements of current data protection legislation and protection measures by the person in charge or new controller.
If it is an international transfer, we make sure that the country that receives the personal data provides adequate levels of protection.
When the receiving country does not comply with the appropriate data protection standards, the transmission or transfer will be prohibited unless one of the following legal exceptions is configured:
Please note that our servers are in the US, so maybe they are located outside of the country in which we collected the data. This means that your personal data may be transferred to and processed in countries other than the country in which you reside. Data protection laws may be different in these countries than in your own country and, in some cases, may be less protective. Please be assured that we take appropriate steps to ensure that your personal data is protected in accordance with this Policy.
In Short: We only share data with the following categories of recipients:
In Short: Yes, in certain jurisdictions, such as Mexico, the EU, and California, data subjects may have the right to choose whether or not to accept cookies and/or pixels. Cookies and pixels may be an important part of how our Sites work. You should be aware that if you choose to refuse or remove cookies and/or pixels, this could affect your ability to access and use our Sites.
Most web browsers are configured to accept cookies and/or pixels by default. You can generally configure your browser to remove or reject browser cookies and/or pixels. If interested, follow the instructions provided by your browser, which are usually located in the “help” or “preferences” menu. Some third parties also provide the ability to refuse their cookies and/or pixels directly by clicking on an opt-out link.
Please be aware that removing or rejecting browser cookies or pixels does not necessarily affect third-party cookies or pixels. For more information about cookies, including how to see which cookies have been set on your device and how to manage or delete them, visit https://youronlinechoices.com/, or https://www.youronlinechoices.eu for EU visitors.
For mobile users, your device’s operating system provides controls that enable you to choose whether or not to allow cookies or share your unique identifier with companies like us or our third-party providers. For information on controlling your mobile choices, visit https://www.networkadvertising.org/mobile-choices.
To help control or block certain ads in mobile applications, you can download and utilize the DAA mobile app, which is available at https://youronlinechoices.com/appchoices.
In addition, many advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, visit http://www.aboutads.info/choices/.
Can you control Do-Not-Track features?
In Short: Yes, most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (DNT) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.
No uniform technology standard for recognizing and implementing DNT signals has been finalized, however. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Policy.
In Short: If you choose to share access to your social media accounts and/or other third-party accounts, we may have access to certain data about you.
Our Sites may offer you the ability to share access to your third-party social media account details (like your Facebook or LinkedIn logins) and/or other third-party accounts (like your SAT CIEC or FIEL (e.firma) login or Shopify login). Where you choose to do this, the providers will send us certain profile data about you, not access into your account. The profile data we receive will vary depending on the provider, but will often include your name, date of birth, email address, friends list, profile picture, as well as other data you choose to make public and/or is contained within that account.
When we have no ongoing legal requirements or legitimate business need to process your data, we will either delete or anonymize it, or, if this is not possible (for example, because your data has been stored in backup archives), then we will securely store your data and isolate it from any further processing until deletion is possible.
Our servers are in the USA, which may be located outside the country in which we collected the data. Our group companies, third-party service providers, and partners, with whom we may share your data as outlined in this Policy, are located in and transfer data to various jurisdictions around the world. This means that your data may be transferred and processed in countries other than the country in which you reside. The data protection laws may be different in these countries versus your own country and, in some cases, may be less protective. Be assured, we take appropriate measures to ensure that your data is protected in accordance with this Policy.
For further information about retention time periods or international data transfers, contact us at email@example.com.
In Short: We aim to protect your data through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any data we collect and process, which are designed to provide a level of security appropriate to the level of risk presented; however, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your data, transmission of data to and from our Sites is at your own risk. You should only access our Sites within a secure environment.
In Short: We do not knowingly collect data from or market to individuals under 18 years of age.
We do not knowingly solicit data from, or market to, individuals under 18 years of age. By using our Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to you minor’s use of the Sites. If we learn that data from users less than 18 years of age has been collected without authorization from the parent or guardian, we will deactivate the minor’s access and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from individuals under age 18, please contact us at firstname.lastname@example.org.
In Short: Depending on your domicile, you may have certain data rights to learn more about your rights or to exercise any of your rights please be so kind as to consult the information referred to in sections 14 to 21 or contact our Privacy team through the comunications methods provided in Section 23.
In certain locations you may be a data subject and have some of the following data rights, which can be exercised through the comunications methods provided in Section 23:
You can review or change the data pertaining to you in your account by logging into your account and updating your user data.
If you close your account with us, we will deactivate your account and certain data from our active databases; however, some data will be retained in our systems to prevent fraud, troubleshoot problems, assist with any investigations, enforce our contracts and agreements and policies and procedures, and/or comply with legal requirements.
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal data.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, or the California Consumer Privacy Act of 2018 (SB-1121), may permit our customers who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal data (if any) we disclosed to third-parties for direct marketing purposes and the names and addresses of all third-parties with which we shared such personal data in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided.
If you are under 18 years of age, reside in California, and have a user account with our Sites, you may have the right to request removal of unwanted data. To request removal of such data, please contact us using the comunications methods provided in Section and include the email address associated with your account and a statement that you reside in California. We will make sure your data is not publicly displayed on our Sites, but please be aware that your data may not be completely or comprehensively removed from our systems due to legal and/or other requirements.
In Short: Yes, if you are a resident of Mexico, you are granted specific rights regarding access to your personal data.
Mexico’s Regulations to the Federal Law on the Protection of Personal Data Held by Private Parties sets forth the rights of Mexican residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations via the hyperlink above. If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.
At any time, you can exercise the rights enumerated therein (your ARCO rights) by sending such a request through the comunications methods provided in Section 23. Your request must contain (i) your full name (given, middle, and surname(s)) and contact information (email address, phone number, and/or residential address), (ii) documentary evidence that proves your identity (or we may require you to verify your identity with our third-party identity verification partner), or the items outlined in the second to last bullet point of Section 13 Right to appoint others, (iii) a clear description of the right(s) you wish to exercise, (iv) any other evidence or details that support your request, and (v) if you’re seeking the Right to correct, evidence that supports your request.
In Short: Yes, if you are a resident of the EU, you are granted specific rights regarding access to your personal data.
The European Commission’s General Data Protection Regulation (GDPR) sets forth the rights of EU residents regarding their personal data held by others, such as Tribal. To understand your rights, please review the information provided via the hyperlink above. If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.
In Short: Yes, if you are a resident of Canada, you are granted specific rights regarding access to your personal data.
The Personal Information Protection and Electronic Documents Act (PIPEDA) sets forth the rights of Canadian residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link https://laws-lois.justice.gc.ca/eng/acts/P-8.6/. If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.
In Short: Yes, if you are a resident of Colombia, you are granted specific rights regarding access to your personal data.
Colombian regulation, Law 1581 of 2012, Decree 1074 of 2015, Law 962 2005 and Law 1480 from 2011 sets forth the rights of Colombian residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=49981.
If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.
In Short: Yes, if you are a resident of Brazil, you are granted specific rights regarding access to your personal data.
Brazilian regulation, Law 1581 of 2012, Decree 1074 of 2015, Law 962 2005 and Law 1480 from 2011 sets forth the rights of Brazilian residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link http://www.planalto.gov.br/ccivil_03/_ato2015-2018/2018/lei/L13709compilado.htm
If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.
In Short: Yes, if you are a resident of Chile, you are granted specific rights regarding access to your personal data.
Chilean regulation, Law 19628 sets forth the rights of Chilean residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link https://www.bcn.cl/leychile/navegar?idNorma=141599
If you wish to assert any of your personal data rights, please contact our privacy team through the comunications methods provided in Section 23.
In Short: Yes, if you are a resident of Peru, you are granted specific rights regarding access to your personal data.
Peruvian regulation, Law 29733 and Law 27444 sets forth the rights of Peruvian residents regarding their personal data held by private parties such as Tribal. To understand your rights, please review the Regulations in this link https://www.minjus.gob.pe/wp-content/uploads/2013/04/LEY-29733.pdf and http://www.pcm.gob.pe/wp-content/uploads/2013/09/Ley-de-Procedimiento-Administrativo-de-PersonalLey27444.pdf
In Short: Yes, we update this Policy as necessary to stay compliant with relevant laws.
Regarding the exercise of your personal data protection rights as Holder (their successors, legal representatives and / or proxies (collectively referred to as the “Holder”) Tribal will enable access channels for the Holders.
All communications, queries, complaints and / or claims must be directed to Tribal by any of the following means:
Electronic attention: The Holder may make a request to the following email: email@example.com.
Written attention: The Holder may make a request to the following address of our registered office at: 75 E Santa Clara Street, Floor 6, San Jose, CA 95113, USA.
If you have questions or comments about this Policy, you may contact our Chief Legal Officer, Mark Graves, who is the head of our Privacy team by email to the address already provided.
Tribal will not collect, store, or process sensitive data, unless strictly necessary. If such a situation arises, it will not carry out any treatment without the due prior, informed and express authorization of the Holder of the information, and only in the following cases:
When the owner or his legal guardian consents, specifically and prominently, for specific purposes.
Without giving the consent of the owner, in cases where it is essential:
The answers to the questions about sensitive data are optional, therefore, they will not be mandatory. In any case, Tribal will strictly observe the legal limitations on the processing of sensitive data. Tribal, will not condition, in any case, any activity to the delivery of sensitive data. Sensitive data will be treated with the greatest possible diligence and with the highest security standards. Limited access to sensitive data will be a guiding principle to safeguard the Holder’s privacy and, therefore, only authorized personnel may have access to this type of data.
Sensitive data may not be processed for purposes other than those expressly authorized by the Holder.
Tribal is responsible for the treatment of the personal data that you provide from your selection process, recruitment and, where appropriate, if the selection process is successful, when the employment relationship begins and until it concludes, regardless of the cause. The personal data collected will be processed in order to integrate the file as a candidate or employee at the service of Tribal, prove your identity, location, carry out selection and recruitment, administrative and tax procedures, cover the job profile, pay salaries and benefits, assign and verify travel expenses and national and international tickets, integrate billing, be insured on the Social Security or other similar governmental obligations or benefits and designate beneficiaries in terms of the Labor Law, receive all kinds of legal and extra-legal benefits, control attendance and grant benefits of social security, economic, in-kind and health benefits; and schedule training actions. It is made known to you that Tribal, in addition to the transfers that you make and that do not require your consent, may carry out the transfer of your personal data for the legal purposes that may arise due to the selection and recruitment process to which you are subjected or the individual employment relationship once you have signed the respective agreement; For all extraordinary transfers we will require your consent, therefore, if you do not want your personal data to be transferred for any or all of the purposes indicated, from this moment you can communicate the above, omitting the electronic signature of this notice or using the comunications methods provided in Section 23; however, please understand that your refusal to allow such transfers shall also mean that Tribal will be incapable of hiring you or continuing to keep you as an employee depending on the timing of your notification to Tribal. TO BE CLEAR: if you notify Tribal that you do not want your personal data to be transferred while employed by Tribal, this shall be considered as your written voluntary resignation notification from your employment with Tribal. If you do not express your refusal for said transfers, we will understand that you have given us such consent.
Likewise, at any time you can exercise your data protections rights contact our Privacy team through the comunications methods provided in Section 23.
This Tribal Card Terms & Conditions Agreement (T&Cs) represents an agreement between each Account Owner, Tribal, Issuer Processors, and the Financial Institutions (FIs) that govern Card Network branded payment cards (Cards) within Tribal’s Card Program (each term as defined below). Phrases, including for example: “such as” do not limit the generality of the preceding provision; the word “or” will be read to link alternatives or link any combination of the preceding items; and provisions listing items while using the term “and” among the listings requires all listed items.
Each Account Owner shall be responsible for notifying their Administrator(s) and Cardholder(s) of their authority and obligations under this T&Cs and for ensuring that each Administrator and Cardholder complies with this T&Cs. Every single Account Owner, Administrator, and Cardholder is hereby deemed to have accepted this T&Cs by opening a Tribal Account or requesting, receiving, or using Cards.
IMPORTANT: THIS T&Cs INCLUDES RESOLUTION OF DISPUTES BY BINDING ARBITRATION AND WAIVER TO CONSOLIDATED OR CLASS ACTIONS. PLEASE READ CAREFULLY.
“Access Information” means collectively a PIN, online username, password, challenge questions, and any other security information or methodology or combination thereof used to access Tribal property, including a Tribal Account or the Tribal Card Program or a Tribal Card Account or a Tribal Card.
“Account” means the records maintained to track and calculate the remaining spending limit available for associating with Cards issued at Account Owner’s or any Administrator’s or any Cardholder’s request and the Tribal Account and Card Accounts associated with such Cards.
“Account Owner” or “you” or “your” means the legal entity (also known as a legal person or moral person) that has qualified for and established a Tribal Account and one or more Card Account(s) by signing a Tribal Agreement (see Section 6.2 - Qualifying for and Establishing Tribal Accounts and Card Accounts).
“Administrator” or “you” or “your” means any designated Person authorized by the Account Owner to administer their Tribal Account and associated Card Account(s) and Cards and acts on Account Owner’s behalf in connection with this T&Cs, including without limitation designating Cardholders and setting Card Account and Card limitations (see Section 6.5 – Establishing Card Account Settings).
“Card” or "Tribal Card" means the Card Network-branded cards issued by FIs through which any Cardholder can spend funds in the Tribal Card Program accessible through their respective Card Account. Card is a virtual or a physical card embossed with a 16-digit number. Each reference to “Card” shall also include all “Cards” provided to Cardholders.
“Cardholder” or “you” or “your” means any Person (including Administrators) authorized or permitted by Account Owner or Administrator(s) to access Account Owner’s Tribal Account or Tribal Card Program or a Card Account or Cards and use any of the foregoing on Account Owner’s behalf.
“Card Account” means a sub-account of the Account Owner’s Tribal Account assigned to a Cardholder and the records maintained by FIs and/or Issuer Processors and/or Tribal for each Card within a Card Account associated with the Account Owner’s Tribal Account that is requested by the Account Owner or any Administrator or a Cardholder.
“Card Network” includes but is not limited to the Visa card network and the Mastercard network.
“Control Person” means at least one individual who has the full power and authority to open a Tribal Account on behalf of the Account Owner in compliance with all relevant external laws, rules, and regulations, and all internal procedures and possesses all internal consents necessary to do so. Examples of a Control Person include an executive (e.g., CxO, Managing Member, General Partner, President, Vice President, Treasurer) or a Legal Representative authorized and officially designated to open financial accounts and/or credit accounts on behalf of the Account Owner.
“Financial Crime” includes but is not limited to money laundering, terrorist financing, fraud, theft, scams or confidence tricks, tax evasion, economic sanction evasion, bribery, embezzlement, identity theft, and forgery and counterfeiting that includes the production of counterfeit legal tender, goods, and services.
“Financial Institution” or “FI” means the Financial Institution (and their successors, affiliates, and assignees) that is a principal member of a Card Network and has sponsored Tribal, directly or indirectly, to issue Cards through Tribal’s Card Program. The applicable FI is printed on the back of Tribal’s physical Cards. FIs include, but are not limited to: Visa; Regions Bank, member FDIC and Visa; Celtic Bank, member FDIC and Visa; The Bancorp Bank, a member of Visa; and Cacao Paycard, a member of Visa.
“Issuer Processor” means an entity that is contracted with Tribal and directly connects with the Card Networks and FIs and Tribal to provide one or more of the following: a system of record; manage the issuance of Cards; manage the authorizations of transactions; communicate with Card Network settlement entities.
“Mastercard” means Mastercard, Inc. and its successors, subsidiaries, affiliates, and assignees.
“Person” means any individual (human) or legal entity (also known as a legal person or moral person).
“Tribal” or “we” or “us” or “our” refers to Tribal Credit, a registered trade name of Aingel Corp., a Delaware US corporation that services the Tribal Accounts, including the Tribal Card Program and hosts Tribal property, including the Websites, and the Tribal platform as part of its business of assisting Account Owners manage their corporate expenses, and its successors, subsidiaries, affiliates, assignees, or other entities under common control including but not limited to Tribal CR, S.A. de C.V.
“Tribal Account” means a corporate Account with Tribal that is used by Account Owners, Administrators, and Cardholders to access Tribal’s property, platforms, Program, products, and services offered now or in the future, including making, reviewing, and managing Card Accounts, Cards, and transactions.
“Tribal Agreement” means the separate definitive agreement between the Account Owner and Tribal pursuant to which the Account Owner receives Tribal property, including a Tribal Account, its expense management platform, Tribal Card Program, products, and services.
“Tribal Card Program” or “Program” means the program through which Tribal is sponsored by FIs to issue Cards to Account Owners that have signed a Tribal Agreement for use by the Account Owners’ Administrators and Cardholders to assist the Account Owner in managing legitimate corporate expenses.
“Tribal Electronic Records & Signature Agreement” means the agreement between the Account Owner and Tribal pursuant to which the Account Owner agrees to use electronic signatures and to receive all agreements, acknowledgements, disclosures, notices, and the like electronically, and agrees that electronic signatures shall have the same legal effect as a physical signature.
“Tribal property” means Tribal Accounts, apps, platforms, programs, products, services, beta products, beta services, Websites, and related technology; Tribal data; and copyrights, patents, trade secrets and confidential information, trade or service marks, brands, logos, business plans, strategies, and other intellectual property incorporated into each of the foregoing.
“Ultimate Beneficial Owner” or “UBO” means every individual who owns or controls—directly or indirectly through any contract, arrangement, understanding, relationship or otherwise—x% or more of the equity interests of the Account Owner. Depending on the applicable jurisdiction and other risk factors, “x” can range between 10% and 25%.
“Visa” means Visa, Inc., and its successors, subsidiaries, affiliates, and assignees.
ACTIVATING A CARD
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING AND MAINTAINING A TRIBAL ACCOUNT
TO HELP GOVERNMENTS FIGHT FINANCIAL CRIME ACTIVITIES, FEDERAL LAWS REQUIRE TRIBAL TO OBTAIN, VERIFY, AND RECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THIS MEANS FOR THE ACCOUNT OWNER AND ADMINISTRATORS: WHEN THE ACCOUNT OWNER REQUESTS A TRIBAL ACCOUNT, WE WILL ASK FOR THE FULL LEGAL NAME, ANY TRADE NAMES, PRIMARY PHYSICAL ADDRESS, TAX NUMBER, AND IF NECESSARY SUPPORTING DOCUMENTATION AND/OR OTHER INFORMATION OF THE ACCOUNT OWNER, AND THE FULL LEGAL NAMES, PRIMARY RESIDENTIAL ADDRESSES, DATES OF BIRTH, TAX NUMBERS, AND OTHER DOCUMENTS AND/OR INFORMATION CONCERNING EACH CONTROL PERSON AND ULTIMATE BUSINESS OWNER WHO OWNS X% OR MORE OF ACCOUNT OWNER THAT WILL ALLOW US TO IDENTIFY AND VERIFY THE IDENTITY OF THE ACCOUNT OWNER AND ITS CONTROL PERSONS AND ULTIMATE BENEFICIAL OWNERS. WE WILL ALSO ASK FOR PHOTOS OR COPIES OF EACH CONTROL PERSON’S AND ULTIMATE BENEFICIAL OWNER’S VALID PHOTO IDENTIFICATION AND/OR OTHER IDENTIFICATION DOCUMENTS AND MAY ASK FOR SUCH INDIVIDUALS TO GO THROUGH AN IDENTITY VERIFICATION PROCESS. IN CERTAIN JURISDICTIONS, WE MAY ALSO REQUIRE SUCH IDENTIFYING INFORMATION ON EACH ADMINISTRATOR AND CARDHOLDER. WE MAY TAKE CERTAIN ACTIONS BASED ON INFORMATION PROVIDED TO US AT ACCOUNT OPENING OR WHILE MAINTAINING A TRIBAL ACCOUNT BY ACCOUNT OWNER OR ADMINISTRATORS OR CARDHOLDERS OR CONTROL PERSONS OR ULTIMATE BENEFICIAL OWNERS INCLUDING BUT NOT LIMITED TO DISCLOSING INFORMATION TO A GOVERNMENT, REGULATOR, OR OTHER AUTHORITY. IF WE ARE REQUIRED TO TAKE ANY OF THE ACTIONS DESCRIBED IN THE PRECEDING SENTENCE, ACCOUNT OWNER, ADMINISTRATORS, CARDHOLDERS, CONTROL PERSONS AND ULTIMATE BENEFICIAL OWNERS AGREE TO AND UNDERSTAND ALL ACTIONS THAT WE TAKE AND HAVE NO CLAIM AGAINST US FOR ANY DAMAGES AS A RESULT OF ANY OF THOSE ACTIONS. FURTHER, BY AGREEING TO THIS T&Cs, YOU ARE CONSENTING TO THE DISCLOSURE OF ANY INFORMATION ABOUT ACCOUNT OWNER AND ADMINISTRATORS AND CARDHOLDERS AND CONTROL PERSONS AND ULTIMATE BENEFICIAL OWNERS TO GOVERNMENTS, REGULATORS, AND OTHER AUTHORITIES UPON REQUEST IN CONNECTION WITH THEIR FIGHTS AGAINST FINANCIAL CRIME AND CORRUPTION ACTIVITIES.
Our business days are Monday through Friday, excluding US &/or Mexican federal holidays, even if we are open. Any references to “days” found in this T&Cs are calendar days unless indicated otherwise.
CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS
Please refer to the Electronic Records & Signature Agreement previously entered into during the onboarding process for further details.
CARD ACCOUNT TERMS
6.1 Administrators. By designating any individual as an “Administrator,” Account Owner agrees and acknowledges that the actions or omissions of any Administrator shall be taken on Account Owner’s behalf and Account Owner shall be fully responsible and liable for such actions or omissions as if they were the actions or omissions of Account Owner. Administrator’s obligations in this T&Cs shall be deemed to be obligations of Account Owner.
6.2 Qualifying for and Establishing Tribal Accounts and Card Accounts.
Have previously entered into the Tribal Agreement, which must remain in effect and not be terminated or expired;
Designate, via Tribal property, at least one (1) Administrator to act on Account Owner’s behalf in connection with this T&Cs and authorize the Administrator to set spending limits for Card Accounts and otherwise administer the Tribal Account and associated Card Accounts and Cards;
Agree to this T&Cs, as may be amended from time to time as set forth in Tribal property or on the Websites in accordance with applicable law, and the FIs card agreements noted in Section 2, which are all incorporated by reference into this T&Cs;
Accept Tribal and the applicable FIs and Issuer Processors’ Privacy Policies as noted in Section 2, which are all incorporated by reference into this T&Cs, and;
Provide us with all of the information and documents requested to verify the identity of the Account Owner and its Control Persons, UBOs, Administrators, and Cardholders as set forth in Section 3 and have all such Persons verified successfully.
6.2.2 Account Owner’s Representation and Warranties
By opening a Tribal Account or a Card Account; requesting, activating, or using a Card; or by retaining or authorizing the use of a Card, Account Owner represents and warrants to us that:
Account Owner has received a copy of this T&Cs and agrees to be bound by and to comply with it and understands it is subject to change in accordance with applicable law;
Account Owner is duly organized, validly existing, and in good standing under the laws of its respective domicile of formation and shall consistently remain in good standing throughout the life of their Tribal Account;
Account Owner is duly qualified and in good standing to do business in all jurisdictions where Account Owner conducts its business and shall consistently remain in good standing throughout the life of their Tribal Account;
Account Owner has all necessary organizational power and authority to establish a Tribal Account, the Program, and each and every Card Account and Card, enter into this T&Cs, and to perform all of the obligations required by Account Owner under this T&Cs;
the personal and business information that Account Owner provides to us in connection with its Tribal Account and the Program are true, correct and complete and shall be promptly updated to remain so throughout the life of their Tribal Account;
no Person that controls, is controlled by, or under common control with Account Owner is blocked or sanctioned by the US or Mexico or any other relevant Tribal jurisdiction, including those identified on US Office of Foreign Asset Controls (OFAC) various sanctions lists (Specially Designated Nationals List, Consolidated Sanctions List, and Additional OFAC Sanctions Lists), the United Nations Security Council (UNSC) Consolidated List, Mexico’s Blocked List, the European Union’s Consolidated List of Sanctions, and Canadian Sanctions;
no UBO of Account Owner is blocked or sanctioned by the US or Mexico or any other relevant Tribal jurisdiction, including those identified on OFAC’s various sanctions lists, the UNSC’s Consolidated List, Mexico’s Blocked List, European Union’s Consolidated List of Sanctions, and Canadian Sanctions;
with regard to UBOs, Account Owner (a) has carried out thorough due diligence to establish the identities of those UBOs, (b) holds the evidence of those identities and status and shall maintain that evidence for at least ten (10) years, and (c) will make that evidence, and any additional evidence that we may require, available to us upon request in accordance with applicable regulations;
Account Owner acknowledges and agrees to immediately inform us if any of the representations made in Sections 6.2.2.(v) - (viii) ceases to be true or it the Account Owner no longer reasonably believes it has satisfactory evidence as to their truth;
the individual Control Person(s) accepting and agreeing to this T&Cs for Account Owner has/have the requisite corporate authority to open financial accounts and/or credit accounts and accepts and agrees to the T&Cs on the Account Owner’s behalf as set forth in the definition of “Control Person” in Section 1;
the Administrator(s) designated by Account Owner is/are at least 18 years of age or older if residing in a jurisdiction where the age of majority—meaning the ability to legally enter into contracts—is older;
Account Owner authorized the Administrator(s) to authorize each Cardholder to accept and use Cards;
funds that Account Owner uses to repay us are not derived from or related to any unlawful activities including but not limited to Financial Crimes or corruption.
all repayments by Account Owner will be made only in Account Owner’s name, from a financial account held in Account Owner’s name, under their control, and not located in a country or territory that has been designated as “High-Risk Jurisdictions subject to a Call for Action” by the Financial Action Task Force (FATF) or that is blocked or sanctioned by OFAC or the UNSC or Mexico or the European Union or Canada.
Account Owner has provided Administrator(s) and each Cardholder with a copy of this T&Cs and each Administrator and Cardholder understands that they are accepting and agreeing to be bound by and to comply with this T&Cs by requesting, receiving, or using a Card; and
The Cards will only be used for legitimate commercial business purposes and not be: used for personal, family or household purposes; used if Account Owner does not have the financial resources to pay Tribal for every transaction that includes the obligation to understand whether Account Owner’s jurisdiction imposes any controls on the cross-border flow of capital which may affect Account Owner’s ability to timely repay Tribal as required; provided to, or used for the benefit of, a Person, customer, entity, organization, or country that is blocked or sanctioned by the US or Mexico or any other relevant Tribal jurisdiction, including those identified on OFAC’s various sanctions lists and the UNSC Consolidated List and Mexico’s Blocked List and the European Union’s Consolidated List of Sanctions and Canadian Sanctions; used by unaffiliated third-parties; used for any other activities not for the commercial benefit of the Account Owner; or used for any purpose that is unlawful or prohibited by this T&Cs, Card Network rules, FIs, or the Tribal Agreement.
6.3 Program Description. The Tribal Card Program is made available to the Account Owner to facilitate the issuance of Card Accounts and Cards that may be used by Administrators and Cardholders for legitimate commercial business purposes. Each Card Account is a sub-account of the Account Owner’s Tribal Account that will enable the Account Owner to, among other things, track all Card transactions, the initial spending limit allocated to Card Accounts and the Cards linked to such Card Accounts, and the remainder of such spending limit allocations (“balance”). The Cards allow Cardholders to access spending limits allocated to their respective Card Accounts by the Administrator(s), subject to the limitations established by the Administrators. Neither the Tribal Account nor a Card Account constitutes a checking, deposit, or savings account. The Cards are not gift cards, nor are they intended to be used for gifting purposes. Account owners will not receive any interest on the spending limit available to them in their Tribal Account. The Cards will remain our sole and exclusive property and must be surrendered upon demand. The spending limits allocated to Card Accounts and Cards cannot be redeemed for cash. The Cards are non-transferable and may be canceled or revoked at any time without prior notice except as required by law. The Administrators will determine whether Cards issued to a Cardholder will be physical or virtual or both. We may, in our sole discretion, limit the number of Cards that may be issued on behalf of the Account Owners. The Administrators shall have full power and agree to administer the Tribal Accounts and the Tribal Card Program and each Card Account, and all Cards only as described in this T&Cs and as duly authorized by the Account Owner. We and the Administrators are authorized to limit or restrict the activity on all Card Accounts and all Cards with or without the consent of any Cardholder. We and the Administrators are also authorized to make changes to the Card Accounts or Cards with or without the consent of any Cardholder. Tribal is always the owner of all funds spent through the Account Owner’s Tribal Account and the Card Accounts and Cards linked thereunder, and each Administrator and Cardholder agrees that the Cards shall only be used as authorized by us or the Account Owner and pursuant to the Tribal Agreement and this T&Cs. Account owner acknowledges and agrees that the balance available in their Tribal Account and any Card Accounts and Cards linked thereunder is limited to their spending limit minus any amounts transacted pursuant to this T&Cs and the Tribal Agreement.
6.4 Funding of Tribal's Account at the FIs. Subject to the limitations set forth in this T&Cs, Tribal is the only party that may add funds to Tribal Card Program accounts held at the FIs.
6.5 Establising Card Account Settings. Only spending limits allocated by Tribal to the Account Owner’s Tribal Account may be accessed utilizing Cards. Administrators may set certain limits (“Settings”) for each Card Account and associated Cards thereunder through Tribal property. Cardholders will not be permitted to establish or modify the Settings. For example, an Administrator may establish Settings that limit the amount that may be spent by a Card Account or Cards or the number of transactions that may be performed with a Card Account or a Card in a day or month or the legal tender value of transactions that may be performed with a Card Account or Card in a day or month or where a Card may be used. An Administrator may change the Settings from time to time via Tribal property without a Cardholder’s consent. New Settings and changes to existing Settings will be effective only after we have a reasonable time period to process the new Settings or changes.
6.6 Cancellation and Suspension. In addition to and without limiting our rights under this T&Cs, an Administrator may suspend or cancel a Card Account or a Card at any time by changing the Settings in Tribal property (See Section 6.5 above). Upon the suspension or cancellation of a Card Account or a Card, the Cardholder may no longer be able to use the Card Account or the associated Cards.
6.7 Transaction Requirements. Cards may only be used for transactions to purchase goods and services for legitimate commercial business purposes and not for personal, consumer, family or household purposes, fraudulent or illegal purposes (as described in more detail above in Section 6.2.2.xvi.), with Account Owner’s own merchant account(s), with any other merchant account or financial account (which includes, but is not limited to, any account or the like that has a nexus in some form or manner to financial value) that is directly or indirectly owned or controlled by Account Owner or its Control Persons or UBOs, or any other purpose prohibited by us and communicated to Account Owner or posted on Tribal property or Websites.
6.8 Administrator and Cardholder Eligibility and Consents. Prior to distributing a Card to an Administrator or Cardholder, Account Owner shall be responsible for ensuring that each Administrator and Cardholder (i) is at least 18 years of age (or older if residing in a jurisdiction where the age of majority is older); (ii) agrees to the Privacy Policies listed in Section 2; (iii) agrees to this T&Cs and the FIs card agreements listed in Section 2; and (iv) provides or agrees that an Administrator may provide all requested information, such as the Administrator’s and Cardholder’s full legal name, email address, date of birth, tax identification, residential address, mobile phone, photo identification, and such other information as we may request from time to time (collectively, “User Information”). Administrators and Cardholders represent and warrant that all information, including User Information, provided to us or to the Account Owner (to provide to us) from time to time is always and consistently truthful, accurate, current, and complete. Administrators and Cardholders agree to promptly notify us in writing of changes to any User Information. When an Administrator notifies us to revoke permissions, we will close the Card Accounts and Cardholders may no longer use Cards.
6.13 Card Security. Administrators and Cardholders should treat the Cards with the same care as cash. Always protect Cards and keep them in a safe place. Whenever possible, use single-use virtual Cards for online transactions and set the spend limit at or just slightly above the total transaction amount. For recurring subscriptions, it’s recommended that you create a virtual Card for each subscription and set the spend limit at or just slightly above the recurring subscription amount. Physical cards should be only when necessary and as a last resort—remember that virtual Cards can be tokenized; when it’s necessary to use a physical Card, use its tokenized version if possible, next best is contactless; only insert the EMV chip as a last resort. Do not send a Card number in an email or text message. Make sure Cards and Access Information are secured with encryption when performing transactions over the internet or wireless networks. Never access your Tribal Account(s) via public internet or wireless networks without first activating a virtual private network (VPN).
6.14 Lost or Stolen Card and Unauthorized Access to Tribal Account. Cards are business / commercial / corporate cards and do not provide consumer protections for lost or stolen Cards or unauthorized transactions. As noted in Section 6.13 above, treat Cards like cash. Until an Administrator or Cardholder reports a Card as lost or stolen or reports an unauthorized transaction on a Tribal Account or Card Account or Card, and we have a reasonable time period to process such report, Account Owner is fully responsible for all transactions, even if the Card is lost, stolen or used for unauthorized transactions. IMMEDIATELY report Cards as lost or stolen or report unauthorized transactions through the Tribal platform or Websites or contact Customer Service if an Administrator or Cardholder believes: (a) a Card has been lost or stolen; (b) someone has gained unauthorized access to any Access Information; or (c) someone has transferred or may transfer funds from the Tribal Account or a Card Account without an Administrator’s or Cardholder’s permission. Reporting a lost/stolen Card or unauthorized transactions by logging into your Tribal Account or the Websites (https://www.tribal.credit or https://www.tribal.mx) to deactivate the Card or Card Account or block a Cardholder’s access that has been compromised is the best way to minimize possible losses. Alternatively, call (866) 200-5650. Unless we have authorized a transaction after a Tribal Account or Card Account or Card is blocked, Account Owner and Administrators and Cardholders are responsible for all unauthorized transactions initiated and fees incurred from the unauthorized use of a Card or Card Account or Tribal Account. Failure to promptly notify us could result in the Account Owner losing ALL of their spending ability in their Tribal Account and the associated Card Accounts and Cards with the obligation to repay Tribal in full for the total amount due from the unauthorized transactions.
6.15 Using a Card. Cards may not be used for ATM cash withdrawals or for transactions where part of the transaction is cash back. Cards may only be used for legitimate commercial business expenses globally on the applicable Card Network. Administrators and Cardholders may use a Card to make purchases at merchants that accept the applicable Card Network Cards, subject to what is remaining of the Card Account limit and/or Card limit, the transaction limits and transaction restrictions outlined below, and the other terms and conditions of this T&Cs. If Administrator or Cardholder uses a Card number without presenting the Card (such as for a mail order, telephone, or internet purchase), the legal effect will be the same as if presenting the Card itself. Each time a Card is used, Account Owner and Cardholder authorizes us to reduce the value available in the Account Owner’s Tribal Account and the respective Card Account and Card by the amount of the transaction and any applicable fees. Administrators and Cardholders are not allowed to exceed the amount of the available funds in their Tribal Account or allocated to the respective Card Account or Card, whichever is less, through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the amount of available funds in the Tribal Account or allocated to a Card Account or Card, Account Owner will be fully liable to us for the full amount of the transaction and any applicable fees. We may refuse to process a transaction, or temporarily “freeze” a Tribal Account, Card Account and/or a Card and attempt to contact an Administrator and/or Cardholder if we notice transactions that are atypical or appear suspicious or use of a Card is not consistent with its intended use.
6.16 Merchant Holds on Available Funds. When an Administrator or Cardholder uses a Card or Card number to initiate a transaction at certain merchant locations—such as hotels, restaurants, gas stations, and rental car companies—where the final purchase amount is unknown at the time of authorization, a hold may be placed on the funds available in the Tribal Account and the Card Account and the Card for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to the Account Owner or Administrator or Cardholder for any other purpose until the merchant sends us the final transaction amount. Once the final transaction amount is received, it may take up to seven (7) business days for the hold to be removed. During that period, Account Owner and Administrators and Cardholders will not have access to the funds subject to the hold. Please be advised that Administrators and Cardholders may experience difficulties using Cards at certain unattended locations, such as vending machines, kiosks, and gas station pumps. If a Card is declined at a “pay at the pump” gas station even though an Administrator or Cardholder has sufficient funds available, Administrator or Cardholder should go inside and pay the cashier for the purchase.
6.17 Transaction Limits. The maximum amount that can be spent using a Card Account and/or a Card is limited to the lower of: (a) the limits set by an Administrator; (b) the limits set forth in your Tribal Agreement; or (c) the limits set forth by Tribal. Actual spend limits may be lower and depends on your Tribal Account and the respective Card Accounts and Cards thereunder. To protect the Tribal Account and Card Accounts and Cards, we may temporarily impose velocity limits (transaction values, numbers, and types) performed using a Card, a Card Account, or a Tribal Account. We reserve the right to, without limitation: (a) change the transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions; or (c) limit, suspend, or block transfers to/from Persons, entities, Tribal Accounts, Card Accounts, or Cards.
6.18 Transaction Restrictions. Administrators and Cardholders may not use Cards for certain types of transactions, such as non-business related, online gambling, and peer-to-peer. We will not be responsible or liable for any illegal transactions attempted. Administrators may restrict transactions based on various parameters, including Merchant Category Code, location, or Merchant Identifiers. We may refuse to process any transaction we believe violates this T&Cs..
6.19 Responsibility for Authorized Transactions. Account owner is responsible for all transactions initiated and fees incurred through its Tribal Account, Card Accounts, and Cards. If an Administrator or a Cardholder permits another Person to have access to a Tribal Account or Card Account or Card or Card number, we will treat this as if the Account Owner has authorized such Person to use its Tribal Account or Card Account or Cards, and Account Owner will be liable for all transactions and fees incurred by such Person, even if they exceed the authorization granted. Account owner will further be responsible for any transactions made and any fees incurred by Administrators or Cardholders even if they exceed the scope of the authority granted to them by Account Owner. Transactions will be considered unauthorized only after an Administrator suspends / revokes the Card Account or Cards in their Tribal Account, and we have had a reasonable amount of time to process the requested action. If the Administrator notifies us via email or by phone that a Person is no longer authorized to use a Card Account or Cards—instead of suspending / revoking such Person’s access or Card Account or Cards via their Tribal Account—then transactions will be considered unauthorized only after we have had a reasonable time period to process the notification.
6.20 Card Account Balance. It is important to know the remaining spending limit available (“balance”) for a Card Account and a Card before performing a transaction with a Card. If the balance is insufficient for a Card Account or a Card to cover the transaction amount, the transaction will be declined. Cardholder could request that a merchant 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. Account owner and Administrators and Cardholders acknowledge and agree that the amount available to perform transactions are limited to the Card Account and Card spending limits that are not subject to a hold. Administrators and Cardholders are not authorized to use any amount granted to the Tribal Account or Card Account or Card in error. Any transaction that could exceed the spending limit for the Tribal Account or a Card Account or a Card is not permitted but may occur in limited circumstances. Adjustments may be made to the Card or Card Account or Tribal Account to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to a Card or a Card Account. These processing and adjustment entries could cause the Tribal Account or Card Account or Card to exceed the respective spending limit. If a Tribal Account or Card Account or Card has exceeded its spending limit, the Account Owner and Administrators and Cardholders agree: (a) that the balance of the Tribal Account can be adjusted to reflect that amount; and (b) to pay us on demand for the amount exceeding the Tribal Account’s spending limit. If no funds are repaid, we may send Account Owner a notice explaining the reason for the adjustment and requesting payment forthwith via SWIFT, wire, or electronic funds transfer methodology (e.g., ACH, SPEI, etc.) to satisfy the amount that exceeded the spending limit.
6.21 Transaction History. Administrators may obtain information about the balance in the Tribal Account or remaining spending limit allocated for a Card Account or a Card and a 60-day history of their Tribal Account transactions on the Websites by accessing their Tribal Account.
6.22 Account Alerts. The email addresses provided by Account Owner or Administrators or Cardholders permits us to send Administrators and/or Cardholders important notices via email about the Tribal Account or Card Accounts or Cards or when accessing Tribal Accounts, our Websites, the Tribal platform, or via our apps. In addition, by providing us with mobile phone numbers or text message addresses or by using our apps, the Account Owner and Administrators and Cardholders expressly consented to receiving messages relating to the Tribal Account, Card Accounts and Cards at those contact points. The Account Owner, Administrators, and Cardholders may change the frequency of notifications at any time by updating their notification settings in their Tribal Account or in the apps. Third-party data and message fees may apply.
6.23 Verified Mobile Device. For the Account Owner and Administrators and Cardholders to use Program services with a mobile device, the Account Owner or Administrators or Cardholders must provide valid mobile device numbers or other messaging addresses and verify such number or messaging address as instructed. To verify, we may send codes to the mobile device number or messaging address provided or via our apps and require the code to be entered as instructed. If the Account Owner’s or Administrator’s or Cardholder’s mobile device number or messaging address changes, the Account Owner or Administrator or Cardholder must promptly provide and verify the new mobile device number or messaging address.
6.24 Transaction in Foreign Currencies. If a Cardholder makes a purchase using a Card in a currency other than the Card’s designated currency, the amount deducted from the available funds in the Card Account will be converted by the applicable Card Network into the designated currency. The applicable exchange rate and any cross-border fees will be handled as set forth by the applicable Card Network rules (see Visa’s Rules, or Mastercard’s Rules for more information). Foreign currency rates and cross-border fees apply on the date the transaction is processed by the applicable Card Network, which may differ from the actual date of the transaction.
6.25 Receipts. Cardholders should get a receipt for each Card transaction. Cardholders agree to retain, verify, and reconcile Card transactions and receipts.
6.26 Refunds and Disputes. Cardholders are prohibited from receiving cash refunds for Card transactions. If a merchant gives Cardholder a credit for merchandise returns or adjustments, the Cardholder shall direct the merchant to do so by processing a credit adjustment, which we will credit to the remaining spending limit for that Card and for its linked Card Account and the Tribal Account. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that Cardholders purchase with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.
6.28 Replacement Cards. The expiration date of a Card is identified on the front of the Card. If the Card Account is in good standing, we may issue Cardholder a new Card upon expiration. If Cardholder needs to replace a Card for any reason, please contact us, or have an Administrator contact us, via Tribal property or email us at firstname.lastname@example.org. You or the Administrator will need to provide certain User Information and Access Information so we can verify identity.
6.29 Our Liability to Account Owner. TTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT TO SECTION 6.29.2:
6.29.1 WE WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATING TO THIS T&Cs FOR: (1) ACCOUNT OWNER’S LOST REVENUES; (2) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES (WHETHER OR NOT FORESEEABLE OR CONTEMPLATED BY TRIBAL AND THE ACCOUNT OWNER AT THE TRIBAL AGREEMENT’S EFFECTIVE DATE); OR (3) EXEMPLARY OR PUNITIVE DAMAGES. SEE THE TRIBAL AGREEMENT FOR MORE DETAILS.
6.29.2 NOTHING IN THIS T&Cs EXCLUDES OR LIMITS OUR OR ACCOUNT OWNER’S LIABILITY FOR: (i) DEATH OR PERSONAL INJURY RESULTING FROM ITS NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES OR AGENTS; (ii) FRAUD OR FRAUDULENT MISREPRESENTATIONS; (iii) INFRINGEMENT OF THE OTHER’S INTELLECTUAL PROPERTY RIGHTS; OR (iv) MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6.30 Errors or Questions About the Tribal Account. Email Tribal at email@example.com or via the Tribal Account as soon as possible if an Administrator thinks an error has occurred involving their Tribal Account. We must hear from an Administrator no later than 60 days after the date the error occurred. When an Administrator sends notification of an error involving their Tribal Account, the Administrator must provide the following details: (a) the Administrator’s name and Tribal Account details; (b) why the Administrator believes there is an error and the legal tender amount involved; (c) approximately when the error took place; and (d) if the error involves a Card Account or Card(s), please see Section 6.31 directly below. We will review the information submitted in a commercially reasonable manner, but given that the Tribal Card Program implements a commercial product, Account Owner is not entitled to, and we are not obligated to follow, the requirements or obligations of the US’ Electronic Funds Transfer Act and Regulation E promulgated thereunder, which only apply to consumer accounts. If an Administrator needs more information about our error resolution process, contact Tribal at firstname.lastname@example.org.
6.31 Errors or Questions About Card Account Transactions. Email Tribal at email@example.com or via the Tribal Account as soon as possible if an Administrator or Cardholder thinks an error has occurred involving a Card Account or Card. We must hear from an Administrator or Cardholder no later than 60 days after the transaction date the error occurred. When an Administrator or Cardholder sends notification of an error involving a Card Account or Card, the Administrator or Cardholder must tell us: (a) the Administrator’s or Cardholder’s name and Card number; (b) why the Administrator or Cardholder believes there is an error and the legal tender amount involved; and (c) approximately when the error took place. We will review the information submitted in a commercially reasonable manner but given that the Tribal Card Program implements a commercial product, Account Owner is not entitled to, and we are not obligated to follow, the requirements or obligations of the US’ Electronic Funds Transfer Act and Regulation E promulgated thereunder, which only apply to consumer transfers. If an Administrator or Cardholder needs more information about our error resolution process, contact Tribal at firstname.lastname@example.org.
6.32 Assignment. To the extent permitted by applicable law, we may assign this T&Cs without obtaining Account Owner’s, Administrators’, or Cardholders’ consent. No Account Owners, Administrators, nor any Cardholders may assign or transfer a Tribal Account, Card Account, Card, or this T&Cs without our prior written and signed consent.