End User Agreement
IMPORTANT – PLEASE READ CAREFULLY
Updated: November 29, 2023.
Hello, we are pleased to provide you with access to our “Services,” which means, collectively, our proprietary platform, including our website, web-based and mobile applications, chatbots, and other mediums, or portions of such mediums, through which you have accessed this End User Agreement (these “Terms”).
Please read these Terms carefully before using our Services. By using our Services or by clicking or tapping to accept or agree to these Terms when this option is made available to you, you accept and agree to these Terms, including our Privacy Policy and any other terms provided by us to you separately. If you do not agree with these Terms or any portion of these Terms (including any portion of our Privacy Policy), you must not access or use our Services. These Terms are included in the Sections listed below.
1. Overview of our Services
Our services provide access to certain functions designed to simplify your financial transactions and payments and access to many regulated and non-regulated general and financial services. Each service provided has a scope and functionality that will evolve. We aim to introduce new services or enhancements frequently. We will update this Agreement when necessary and inform you of any change that affects Fees or requires your acknowledgment through our available customer service channels.
Business Days
When we refer to “Business Days”, we will explicitly indicate Business Days. Otherwise, we are referring to calendar days.
Our Business Days are Monday through Friday, excluding federal and legal banking holidays in the State of New York, from 9:00 AM to 5:00 PM ET.
Send and Request
Send and Request is a Domestic Peer-to-Peer Payment Service that enables you to send, transfer, request, fund requests, and give or receive funds. A “Sender” is a user that uses our Services to send or transfer funds. A “Recipient” is an individual who receives funds or a benefit from a Sender through our Services. A “Transaction" or "Transfer” is a specific instruction to send or transfer funds through our Services. We have no responsibility for the actions of Recipients or the subject of any transfers. We do not guarantee that a Sender or a Recipient can or will complete a transaction.
- The Send and Request Service is intended for our customers to send or request payments to, from, or for family and friends. We recommend you use the Service only to send money to people you know. You should never use the Service to send money requests to strangers or to send money to strangers. The money you send may not be recoverable. Please be aware that h.way never asks you to transfer money to anyone. Don’t transfer money because of an unexpected call or text.
- The Send and Request Service allows people to request, send and receive money in the US. A "Sender" is someone who uses the Service to send money. A "Recipient" is an individual who sends a money transfer request to a Sender or receives money from a Sender through the Service. All transactions are made in US Dollars.
- When you send money to anyone domestically, we use transfer methods that operate in near real-time and sometimes more. You will only be able to cancel a transaction before completion; in that case, the funds will be refunded to your h.way Prepaid Mastercard Card. After the transaction is completed, we won’t be able to revert the transaction. If the funds cannot be delivered for reasons not attributable to errors with the transfer data (wrong mobile number, wrong contact information, etc.), we will refund you within 24 hours when possible and in no more than seven (7) business days.
- When you send money to another existing h.way user, transactions are executed immediately. When you send money to someone who does not have an h.way account, we will hold the funds until we contact the Recipient and collect deposit information. When funds are to be deposited to non-h.way account holders the speed of the transaction will, in most cases, be executed in minutes.
Send Abroad
Send Abroad is an International Digital Remittance Service that enables users to send and transfer funds to, request, and receive funds from over 40 Latin American, European, and Asia countries. A “Sender” is a user that uses our Services to send or transfer funds. A “Receiver” is an individual who receives or requests funds from a Sender through our Services. A “Transaction” or “Transfer” is a specific instruction to send or transfer funds through our Services. We have no responsibility for the actions of the Receiver or the subject of any transfers. We do not guarantee that a Sender or a Receiver can or will complete a transaction.
- The Send Abroad Service is designed for our customers to send or request funds from others, such as relatives and friends. We recommend you use the Service only to send money to people you know. You should never use the Service to send or request money to strangers. The money you send may not be recoverable. Please note that h.way will never ask you to transfer money to anyone. Don’t transfer money because of an unexpected call or text.
- When you initiate a transaction with Send Abroad, we will provide you with the Foreign Exchange Rate (“FX”). We use Exchange Rates provided by Visa or Mastercard services and may include a markup. Affiliate partners may charge additional fees and commissions that will always be disclosed to you before any transaction.
- When you quote a “Transaction,” we will provide you with an estimated “FX” prior to completing the transaction. The final “FX” will be shown in the receipt when the “Transaction” is processed. The Exchange Rates are determined by foreign exchange trading (forex trading). Forex trading happens during the whole day, every day, and that’s why the exchange rate is constantly changing for most currencies. A “Transaction” takes time to be processed from its quote due to the time the “Receiver” takes to complete their payment information.
- Transactions are processed exclusively in US dollars. This means that the quote and sending of funds will be carried out only in this currency. The fund will be received in the requested currency through the h.way app. The h.way app will show the available receiving currencies. If the “Receiver” provides a payment method that accepts a currency different from the requested, it may be subject to fees or exchange rates charged by their receiving bank.
- When you send money to anyone internationally, we usually use transfer methods that operate in near real-time. You can only cancel a transaction before completion; in that case, the funds will be refunded to your h.way account, but fees may be retained because of the cost of the reversion. After the transaction is completed, we won’t be able to revert the transaction. Suppose the funds cannot be delivered due to errors other than with the transfer data (mobile number, contact information, currency, etc.); in that case, we will refund you within 24 hours when possible and in no more than ten (10) business days.
- When you send money internationally to someone abroad for the first time, we will hold the funds until we contact the “Receiver” and collect deposit information. As soon as we collect the necessary information, the transaction will, in most cases, be executed in minutes, but in some cases may take hours, and when using debit cards or credit cards not certified for “fast funds” or when the bank of the recipient has “slow funds” processes that could take days.
- In some cases, the “Receiver's” accounts limit the amount they can receive or the possibility to receive money from abroad. Suppose the money you send gets rejected for this reason or related to the “Receiver” payment method issues. In that case, the transaction will expire, and funds will be returned to your h.way account, but fees may be retained because of the cost of the reversion. The expiration of the transaction will take nine (9) days.
- You are only allowed to send money to 10 different “Receivers” in a 30-day period.
- We are supporting the following jurisdictions: Mexico, Guatemala, Dominican Republic, El Salvador, Honduras, Haiti, Jamaica, Colombia, Ecuador, Peru, Bermuda, Nicaragua, Brazil, Panama, Costa Rica, Guyana, Bolivia, Argentina, Belize, Barbados, Uruguay, Paraguay, Chile, Puerto Rico, Germany, France, Italy, Poland, Spain, United Kingdom, China, India, Philippines, Thailand, Vietnam, South Korea, Nigeria, Pakistan, Japan, Egypt. Other jurisdictions may be supported in the future and will be listed when you use our services. Likewise, if any jurisdiction is unavailable, it is due to technological or regulatory limitations concerning the jurisdiction and not to a specific service condition.
- With some subscription Plans, you might get Cashback for every Send Abroad amount to any available jurisdiction. The conditions and characteristics of the Cashback are detailed in the subscription Plan package, which is posted on the h.way app and our website, www.h-way.com. Your Cashback will be provided as a Reward, and you can redeem the value into your primary account, provided all requirements are met. See the Reward section for more information.
Subscription Plans
We have created a subscription-based model to allow access to certain exclusive services and/or provide services with no fees, discounts, or rewards. The h-way Subscription Plans are optional, and you can start or stop your subscription anytime. We designed fair, simple, and convenient access to opt-in and opt-out from any Plan. The following conditions apply:
- You can start a subscription at any time during a calendar month.
- We will charge you a subscription fee on the first day of every month. For your first subscription, we will charge the fee corresponding to the first month at the moment of your subscription, but we will waive the days from when you opt-in to the end of the current month. The charge will cover the entire month following your subscription.
- You authorize us to deduct your optional monthly subscription using funds from your primary h.way account, by debit or credit card, or by allowing us to debit funds from your bank account.
- If, for whatever reason, we cannot charge your monthly subscription, you will receive up to 3 notifications. If we cannot collect the fee after the fifth (5) day of the month, the associated services will be discontinued, and your subscription will be canceled. During these five (5) days, you may not be able to enjoy the Plan.
- On the website www.h-way.com, you will find a breakdown of each Plan's benefits. You can easily compare them and choose the right one for you.
- From the h.way app, you can manage the opt-in and opt-out from any Plan.
Guardian Angel (Emergency Coverage)
The Emergency Coverage (“Guardian Angel”) is an issuance product designed to provide coverage for medical emergencies that will cover your expenses up to $1,000 US dollars. This product is part of a Plan Subscription. The coverage is valid if you have a paid subscription at the moment of the event. The following conditions apply:
- Guardian Angel refers to our Medical Emergency Insurance service, allowing users to cover medical expenses when necessary. The insurance is provided by a third party called STP Risk Services LLC, a private limited company registered at 1621 Collins Ave, PH 1003, Miami Beach, FL 33139, and its affiliates. (“STP”). Specific terms and conditions can be consulted in Appendix I: Hospital Cash Personal Accident Blanket Insurance Certificate.
- The coverage is subject to an aggregate combined limit of $1,000 per year per policy with up to 2 events per year.
- To be eligible for coverage, you must be 18 years old and above and be a US resident. The coverage is provided within the 50 States of the United States only. US territories, such as Puerto Rico, are not included in the coverage service.
- The coverage includes the following events:
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Piggybank (Savings)
This is our way to help you save money for your plans. When you opt-in to set up your Piggy Bank, we will set up a savings account accessible anytime. To start saving, the Piggy Bank will take the guesswork out of saving by automatically depositing your savings account each time you purchase with your h.way Prepaid Mastercard cards. Choose to round up your purchases to the nearest dollar and send the remaining change to your savings account or choose other whole dollar amounts. You will be able to discontinue the Round-Up feature at any time. There is no cost associated with the Round-Up feature.
You can also manually contribute funds from your primary h.way account to your Piggy Bank savings account. There is no cost associated with the deposit of funds to your Piggy Bank savings account.
You can transfer your saved money from your Piggy Bank saving account to your primary h.way account at no cost and at any time.
Mobile Reload (Top-Ups)
Mobile Reload is a Peer-to-Peer Top-Up Service that enables you to recharge prepaid mobile phones domestically and in over 150 countries. If any country is unavailable, it is due to technological or regulatory limitations concerning the country and not to a specific service condition. A “Sender” is the user that pays for reloads. A “Recipient” is an individual who receives the reload. A “Transaction" or "Reload” is a specific instruction to Top-Up through our Services. We do not guarantee that a Sender or a Recipient can or will complete the transaction. The following conditions apply:
- The Service is intended for our clients to perform mobile reloads for themselves, family, and friends. We recommend using the Service only to send mobile reloads to people you know personally. You should never use the Service to send mobile reloads to strangers or to support illicit activities. The reload you send will not be recoverable, and it’s your entire responsibility. Please be aware that h.way never asks you to reload to anyone. Don’t reload as a result of an unexpected call or text.
- When you initiate a transaction, we will quote you the cost of the Reload in US Dollars. We do not put a surcharge on any transaction.
- We use methods that operate near real-time when you reload a mobile phone domestically or internationally. You will not be able to cancel a transaction after submission. The Receiver will receive an SMS notification when the transaction is completed.
- Suppose we cannot complete a transaction for reasons not attributable to errors with the transfer data (wrong mobile number, wrong contact information, etc.). In that case, funds will be returned to your h.way primary account immediately, most of the time, and in no more than seven (7) business days.
Cards
Your primary h.way account will be associated with a virtual, plastic, or metal Prepaid Mastercard Card. Through the h.way app, you can request, change the PIN, freeze, unfreeze, report the card as lost or stolen, add the card to the Mobile Wallets (Apple Pay/Google Pay/ Samsung Pay), see the card details, and upgrade your benefits. The following conditions apply:
- The virtual h.way Prepaid Mastercard Card is issued when you create your h.way account. If your card is added to the Mobile Wallets, this card might be used locally or internationally to make online purchases. Also, you can make ATM withdrawals and in-store purchases through the contactless method.
- The plastic h.way Prepaid Mastercard Card might be requested through the h.way app. This card might be used locally or internationally and from a Mobile Wallet. There might be additional benefits associated with your plastic h.way Prepaid Mastercard Card that you can get through the h.way app. Before upgrading your benefits, take note of the conditions and considerations.
- The metal h.way Prepaid Mastercard Card might be requested through the h.way app, where you will find the conditions and considerations to order it.
- All the transactions made with your h.way Prepaid Mastercard Card are considered authorized by yourself unless you dispute the transactions.
- You can find the Terms and Conditions, as well as the charges that are applicable for requesting and using your h.way Prepaid Mastercard Card, in the Cardholder Agreement that is posted in the h.way app and on the website www.h-way.com
Mobile Wallets
Your h.way Prepaid Mastercard Card is supported in the following Mobile Wallets: Google Pay is offered by Google Payment Corp. ("Google"), Samsung Pay is offered by Samsung Pay Inc. ("Samsung"), and Apple Pay is provided by Apple Inc. ("Apple"). The following conditions apply:
- We may occasionally elect to support additional Mobile Wallets at our sole and absolute discretion.
- The use and performance of Mobile Wallets depend entirely on your Device's capability. In case of bad performance or technical issues with the Mobile Wallet, don't hesitate to contact your device provider.
- You may set up one or more Mobile Wallets on your Device using the provider's software application, allowing you to add your h.way Prepaid Mastercard Card for use with the Provider's Mobile Wallet. Each Mobile Wallet permits you to maintain a digital version of your h.way Prepaid Mastercard Card on your Device, which may be used to authorize payment in stores accepting contactless payments and online or in apps offering the Mobile Wallet as a payment method.
- All the transactions made with your h.way Prepaid Mastercard Card through a Mobile Wallet are considered authorized by yourself unless you dispute the transactions.
- You can find the Terms and Conditions, as well as the charges that are applicable for requesting and using your h.way Prepaid Mastercard Card, in the Cardholder Agreement that is posted in the h.way app and on the website www.h-way.com
Cash Hunter
Cash Hunter is the h.way Rewards program powered by Dosh®. Dosh Holdings LLC is a company that offers cashback services that research coupons, promotional codes, and rebates from restaurants, retail stores, and hotels. Dosh serves customers in the United States.
The Cash Hunter program allows you to save money while using your h.way Prepaid Mastercard Card (virtual and physical) on some brands and everyday purchases at different stores and top brands (Merchant) through cash back rewards, payouts, or incentives ("Rewards"). The following conditions apply:
- To access the Rewards, you need to have an active h.way account. And, in your h.way app, you will have an in-app button to visit the Merchant's website; for other deals, you will need to activate the Rewards in the h.way app.
- You will get Rewards for spending with the Merchant using your h.way Prepaid Mastercard Card (physical, virtual, secondary) with Card present transaction, Mobile Wallet (Apple/Google/Samsung), or online by tapping the in-app button to visit the Merchant's website.
- Your Rewards will be paid out to your h.way Reward Account.
- You can earn Rewards on qualifying purchases at participating merchants and any other eligible transactions described in the h.way User Agreement. For the current list of participating merchants and offers, please check the h.way app. Participating merchants and offer terms may be changed occasionally without notice.
- The Merchant's terms and conditions (expiration day, maximum and minimum amounts, percentage of the cashback, etc.) can be modified at their sole discretion. You must know the terms and conditions under which the expense is made.
- You will have access to the Merchant's terms and conditions before you confirm the purchase.
- All the transactions made with your h.way Prepaid Mastercard Card using the Cash Hunter program are considered authorized by yourself unless you dispute the transactions.
- You can find the Terms and Conditions, as well as the charges that are applicable for requesting and using your h.way Prepaid Mastercard Card, in the Cardholder Agreement that is posted in the h.way app and the website www.h-way.com
- If you return, chargeback, cancel, dispute, or otherwise request a refund for a qualifying purchase for which you have already received h.way Rewards, we reserve the right to remove any related h.way Rewards amount from your h.way Reward Account balance or withhold future h.way Rewards to cover any such amount. To opt out of the h.way Rewards program, please call the number on the back of your Card, +1 844-684-6844, send a notice through the h.way app, or write to the Program Manager -Leap Financial at 2900 Southwest 28th Terrace Suites 201, Coconut Grove, FL 33133 – USA.
- For full h.way Rewards terms, please review the h.way Rewards powered by Dosh® Terms of Service and Privacy Policy (www.dosh.com/h-way-rewards-powered-by-dosh-terms-of-service).
Rewards
Your Rewards came from cashback rewards, payouts, or incentives from the h.way Cash Hunter program; cashback rewards from Send Abroad transactions (if applicable); or any other promotion communicated, promoted, or notified through the h.way app, the website www.h-way.com or h.way social media channels. All your Rewards will be deposited in your h.way Reward account. The following conditions apply:
- The availability of any Rewards can be modified or canceled from time to time at our sole and absolute discretion. Any decision regarding cancelation or change will be posted in the h.way app and on the website www.h-way.com.
- Rewards will be available to customers in good standing. Good standing is defined as customers without outstanding balances or delinquencies.
- Your rewards never expire. There are yours for the life of the account. Note that you will lose those Rewards if you close your account without redeeming your Rewards or cannot redeem them because you need to address the requisites to redeem them.
- We reserve the right to determine how to distribute your reward balance. We will credit your account or send you a check with your rewards balance if We have to close your account (for reasons other than fraud or money laundering prevention) or if you have not used your account for more than five (5) years.
- There is no cap to the number and amount of Rewards you can earn.
- You could manage your Rewards directly from your h.way app.
- You can redeem your Rewards anytime when they are available on your h.way Reward account. When you redeem your Rewards, your dollars are moved to your primary h.way account.
- Your h.way Reward account cannot transfer money to another person’s account or card, withdraw money, or deposit funds.
Finance Genie
Finance Genie is a powerful tool offered by h.way to monitor all your finances with artificial intelligence. To access this magic tool, you should have an active Subscription Plan. Check subscriptions package and benefits on the website www.w-hay.com
- The Finance Genie tool is provided by a third party called MX Technologies, Inc MX®. To learn about the terms and conditions of this tool, please visit https://www.mx.com/terms/.
- The Finance Genie tool is accessed through the h.way website (www.h-way.com).
- To use the Finance Genie tool, you must sign up with your h.way email account and connect your accounts to create budgets, forecast expenses, plan how to pay your debt faster, calculate your cash flow, set financial goals, and track spending habits from one easy-to-use tool.
- You can close your Finance Genie tool at any time. Also, you can disconnect or limit access to any accounts you register for tracking and monitoring.
Deposit and Withdraws
You can deposit money to your account and in your h.way Prepaid Mastercard Cards by Direct Deposit and ACH from external banks, using a debit card registered with us ("Stored Card"), using a card added to a Mobile Wallet (Apple or Google) and loading Cash in a wide payout network.
The funds you deposit are held by Metropolitan Commercial Bank and insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000.
You can withdraw money from your account and your h.way Prepaid Mastercard Cards by transferring to an external bank using a registered debit card with us ("Stored Card"), making an Instant Card transfer and by ATM withdrawal.
We may elect to support additional deposit or withdrawal channels or close one of the active ones at our sole and absolute discretion.
You can find the Terms and Conditions and the charges applicable for requesting and using your h.way Prepaid Mastercard Card in the Cardholder Agreement posted in the h.way app and the website www.h-way.com.
Direct Deposit
- Also, it’s known as Electronic Funds Transfer (EFT). Direct Deposits are safe, secure, efficient, and less expensive than paper check payments and collections.
- To receive a Direct Deposit, you must provide the payer with the following account information: Bank name, account type, account number, and routing number. You can obtain this information from your h.way app. For more information, review the FAQs.
- The payer issues an electronic payment (with your provided account information) that is automatically transferred into your h.way account.
- The most common modalities of Direct Deposit are:
- Payroll: Provide your account information to your employer. When a paycheck is scheduled, funds move out of the employer’s account and are credited to your h.way account.
*Some states also require employees to sign a consent form before their employer can switch them to direct deposit. - Tax refunds and Federal benefits: The U.S. government often pays tax refunds and Federal benefits via Direct Deposit. Provide your account information to the governmental entity, and your tax refunds and Federal benefits can be deposited into your h.way account.
- Direct Deposit holds the funds typically range from 2-5 business days, depending on the reason for the hold. For deposits made on weekends, funds are considered deposited on Monday (the first business day), so the hold will go into effect the next business day (Tuesday).
For deposits made on holidays, funds are considered deposited on the first business day after the holiday, so the hold will go into effect the next business day after the holiday.
The hold length can sometimes change based on new information we may receive or discover. If this happens, you will be notified promptly through mail or email.
ACH from and to external banks.
- You must connect your bank's external account to add money from external banks to your h.way account. We use a third-party company called Plaid Inc to connect your external bank account securely. To learn more about the Plaid service, please review the Plaid End User Privacy Policy at https://plaid.com/legal/#end-user-privacy-policy.
- Your connected account must be in your name to make a deposit or to transfer to your external bank.
- Ensure you follow the app prompts carefully to avoid any delays.
- ACH from external banks holds the funds typically range from 2-5 business days, depending on the reason for the hold. For deposits made on weekends, funds are considered deposited on Monday (the first business day), so the hold will go into effect the next business day (Tuesday).
For deposits made on holidays, funds are considered deposited on the first business day after the holiday, so the hold will go into effect the next day after the holiday.
The hold length can sometimes change based on new information we may receive or discover. If this happens, you will be notified promptly through mail or email. - All ACH transactions made with your h.way account are considered authorized by yourself unless you dispute the transactions.
Early Payday.
- Your eligible direct deposits will be available up to two days before the scheduled payment date. To make your funds available early depends on when we receive your payor's payment instructions, limitations on the amount and velocity of early availability, and fraud prevention screening.
- The eligible direct deposits are limited to payrolls, pensions, and government benefits payments made through the Automated Clearing House (ACH) network. Other deposits or credits to your account, such as deposits of funds from person-to-person payment services (e.g., Zelle®, Venmo, or PayPal transfers), e-check or mobile deposits, and other online transfers or electronic credits, are not eligible for Early Payday.
- Not all direct deposits are eligible for Early Paydays and may vary from deposit to deposit.
- Early Payday is automatic on your eligible direct deposit. There’s no enrollment process or fee required.
Mobile Wallets.
- You can load your h.way account from cards added to Mobile Wallets. Google Pay is offered by Google Payment Corp. ("Google"), and Apple Pay is provided by Apple Inc. ("Apple").
- Using Mobile Wallets, you don’t need to enter your card information, which manually enhances your security because Mobile Wallets do not share it. Your payment information is encrypted and stored on Apple's and Google’s secure servers.
- If you haven’t already set up Apple Pay or Google Pay on your device, you'll be required to set it up.
- The use and performance of Mobile Wallets depend entirely on your Device's capability. In case of bad performance or technical issues with the Mobile Wallet, don't hesitate to contact your device provider.
- For processing Account Funding Transfers (pull) and Original Credit Transfers (push), only Visa, MasterCard, and Discover are accepted.
- If you lose your phone, the Mobile Wallet application can be removed remotely from the device.
Load Cash.
- You can add money to your h.way account at select retailers. All you need to do is swipe your h.way Prepaid Mastercard Cards or generate a barcode in your h.way app and provide it with the cash that you want to load at the register.
- The available list of retailers is posted in the h.way app and on the website www.h-way.com
- Once you get the barcode on your h-way app, it’ll expire after 15 minutes. If it expires, you’ll need to create a new one.
- Load Cash is provided by a third party called InComm Financial Services, Inc. and InComm Financial Services California, Inc. To learn about the terms and conditions of this service, please visit www.vanilladirect.com/pay/terms
- Leap is not responsible for any delay regarding when funds are remitted to your h.way account or any failure of the merchants to accept or properly process the funds remitted.
- All the transactions made with your h.way Prepaid Mastercard Cards are considered authorized by yourself unless you dispute the transactions.
- You can find the Terms and Conditions, as well as the charges that are applicable for requesting and using your h.way Prepaid Mastercard Card, in the Cardholder Agreement that is posted in the h.way app and the website www.h-way.com
Withdrawals in ATM.
- You can obtain cash or check your balance at any Automated Teller Machine (“ATM”) with the Mastercard® or Visa ® brand worldwide by inserting or tapping your contactless h.way Prepaid Mastercard Cards and entering your card PIN.
- We provide over 55,000 surcharge-free ATM locations from Allpoint Network in the United States, Canada, Mexico, Puerto Rico, and Australia. The ATMs are in more than 40,000 retailers. You can find the Allpoint ATMs at https://www.allpointnetwork.com/locator.html, in the Allpoint app (available for iPhone and Android devices), visiting Allpoint’s Facebook page, or looking for the Allpoint logo on the ATMs.
- The ATMs can dispense denominations of $20. If there is more than one denomination to choose from at the time of your withdrawal, you will have the opportunity to select it in all of the same bill type (for example, in all $10s), choose a custom selection, or allow the ATM to pick for you.
- The ATMs can provide a receipt conforming to the requirements of the current Regulation. ATM receipt images are not available in the h.way app. However, you can see the details of your ATM transactions on the Account Activity tab.
- When you use an ATM out of the Allpoint Network in the US or internationally, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete the transaction). International transactions might also be subjected to currency exchange rates.
- Cash in foreign countries is dispensed in the local currency and debited from your h.way account in U.S. dollars.
- All the transactions made with your h.way Prepaid Mastercard Cards are considered authorized by yourself unless you dispute the transactions.
- You can find the Terms and Conditions, as well as the charges that are applicable for requesting and using your h.way Prepaid Mastercard Card, in the Cardholder Agreement that is posted in the h.way app and the website www.h-way.com
Stored Card.
- You can load your h.way account using a non-h.way debit, credit, or prepaid card registered with us (we call this your "Stored Card").
- You can transfer from your h.way account to a non-h.way debit, credit, or prepaid card registered with us (we call this your "Stored Card").
- Your Stored Card must be in your name.
- If you use a Stored Card in a different currency to your h.way account, your external bank or card provider may charge a fee.
- We may elect to support Card Issuers or block others at our sole and absolute discretion. And we are not obligated to keep our services available to any Card Issuer.
Instant Card Transfers
- You may use your h.way Prepaid Mastercard Cards to send funds to an eligible, external, non-h.way, debit, credit, or prepaid card (“Instant Card Transfer”).
- The eligibility of any debit, credit, or prepaid Card ("External Card") to which you may send funds is determined solely by the Visa and Mastercard networks.
- At our sole discretion, we reserve the right to block or reject any Instant Card Transfer.
- You may not send an Instant Card Transfer in an amount greater than the funds available in your h.way Account.
- An Instant Card Transfer typically occurs in real-time but sometimes may take longer to process.
- You are responsible for making sure the recipient details are correct, and you agree not to send funds for purposes that are illegal, unlawful, fraudulent, or otherwise in violation of this Agreement.
- h.way is not responsible for any Instant Card Transfers sent in error. All Instant Card Transfer transactions are final, non-refundable, and are not eligible for stop payment.
- All the transactions made with your h.way Account using Instant Card Transfers are considered authorized by yourself unless you dispute the transactions.
- Instant Card Transfers are subject to applicable laws and regulations and are subject to the Visa and Mastercard rules.
Close your Bank Account.
- You may close your Bank Account anytime by calling the number on the back of your Card or +1 844-684-6844.
- If you close your Bank Account, you should zero out your Account balance before closing it or request that we send you a check in the amount of your Account balance.
- You may be charged a fee when you close your Bank Account.
- If we close your Bank Account when your Account has a balance, we will send you a check in the amount of your Account balance for no charge.
- Any check we send will be sent to the address we have for you in our records. We may need to validate your address before sending a check. Be conscious that if this validation cannot occur for reasons beyond our control, the check won't be shipped, your bank account will be closed, and your funds will remain on your behalf in the Bank for around five (5) years (according to the location's applicable law).
- Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before termination.
2. Your Use of Our Services
- Eligibility. To use our Services, you warrant that you are 18 or older and have the legal authority to enter into these Terms. We may restrict or deny all or a portion of our Services based on the jurisdiction in which you are located or on information regarding you that comes to our attention from time to time.
Under the compliance of Children's Online Privacy Protection Rule ("COPPA"), our Services are intended to be accessed and used only by adults and supervised minors. We do not knowingly collect personally identifiable information relating to anyone under the age of 13, and you should not provide us with any personally identifiable information regarding any individual under the age of 13.
By using our Services, you represent that these Terms can bind you. You are solely responsible for making all arrangements necessary to access our Services.
You must be the beneficial owner of any account with us established by you and conduct transactions only on your behalf. - Identity and Account Ownership Verification. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity or the ownership of your designated funding sources. This may include asking you for further information or documentation, providing a photo of yourself, requiring you to provide valid government-issued identification or a taxpayer or national identification number, requiring you to take steps to confirm ownership of your mobile number, email address, or financial instruments, or verifying Your Information (as defined below) against third-party databases or through other sources.
Be sure that your information is encrypted and stored securely by us and won't be shared with any third parties outside the identity validation process. Your information is only used for account security and identity verification purposes. - Investigations. We reserve the right to review or investigate potentially risky transactions as determined by us in our sole and absolute discretion. If we detect that any transaction exceeds our anti-fraud engines or is above our risk control parameters. In that case, we will place a hold on the transaction and any related funds and may (but need not) provide notice to you. If, based on our review or investigation, we determine, in our sole and absolute discretion, that the transaction is or may be in violation of these Terms or is otherwise unusual or suspicious, then we may cancel the transaction or will block the account and suspend the cards associated with the cardholder. We will provide notice to the sender by email.
- Fees and Limits. Our services are subject to your payment of the applicable fees, and we also might limit how much you can receive into or pay from your h.way account or how much you can withdraw or spend using your h.way Prepaid Mastercard Cards.
Fees and Limits for our Services will be communicated before we accept your transaction order. Our Services Fees and Limits may vary occasionally, but any fee changes will not apply to any transactions you have received from us before the change takes effect. You will pay all fees incurred by you or on your behalf through our Services at the prices in effect when such charges are incurred, including any taxes applicable to your transactions.
Our Services Fees and Limits are communicated through the h.way app (Terms and Conditions section) and the website www.h-way.com. - Restrictions on Use. You may use our Services only as permitted, for lawful purposes, and only under these Terms. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. You may use our Services only in good faith for yourself or others on whose behalf you are authorized to act. You may not access or use our Services for any other purposes, including to conduct unlawful or illegal activity. Without limiting the generality of the foregoing, you may not and may not assist, encourage, support, or enable others to:
- Use our Services in connection with any activity that: violates any applicable federal, state, local, or international law or regulation or the rights of a third party; relates to a transaction that (a) discloses the personal information of third parties in violation of applicable law, (b) supports pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or specific multi-level marketing programs, (c) involves credit repair, debt settlement services, or (d) involves offering or receiving payments for bribery, money laundry, terrorist financing or corruption; or involves the sale of products or services identified by any government agency to have a high likelihood of being fraudulent;
- Provide false, inaccurate, or misleading information.
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide.
- Use our Services in any way that violates any applicable federal, state, local, or international law or regulation or the rights of a third party.
- Use an anonymizing proxy or control an account linked to another account that has engaged in any activity prohibited by these Terms.
- Control or possess more than one account without authorization from us.
- Use our Services in a manner that results in or may result in complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, and other liability to us, another user of our Services, a third party, or you.
- Using our Services, unlawfully defame, abuse, harass, offend, or threaten anyone or any entity.
- Engage in any conduct that restricts or inhibits, or prevents access, use, or enjoyment of our Services, or which, as determined by us in our sole and absolute discretion, may harm users of our Services or us or expose them to liability.
- Use our Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Services, including their ability to engage in real time activities through our Services.
- Use any robot, spider, or automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services.
- Use any manual process to monitor or copy any material on our Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of our Services.
- Introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material to, on, or through our Services.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services or any servers, computers, or databases on which our Services are stored.
- Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
- Publish a service comparison analysis of any nature without written authorization.
- Otherwise, attempt to interfere with the proper working of our Services; or
We may, in our sole discretion, cancel your access to our Services for any reason, including because of any breach or suspected breach of these Terms. And your case will be investigated and may be reported to the Authorities.
- Availability. Your access and use of our Services may be interrupted from time to time for any of several reasons, including the malfunction of our software platform or infrastructure, periodic updates, maintenance or repair of our Services, or other actions that we may, in our sole discretion, elect to take. We may suspend or discontinue the availability of our Services or any portion or feature of our Services at any time in our sole discretion and without prior notice to you. We will not be liable if, for any reason, all or any part of our Services are unavailable at any time or for any period. Occasionally, we may restrict user’s access to all or any part of our Services. On the other hand, remember that h.way is not responsible for the availability of the equipment used to access the service, such as internet connection, telephone network, browsers, etc.
Nevertheless, our Customer Care Service will be at your disposal. This Agreement's Customer Care Service section details our available Customer channels.
3. Your Information and Security
- You Must Maintain the Integrity of Your Information. To access or use certain Services, you may be required to provide us with information about you, which may be confidential and may include personally identifiable information, and Your Contact Information (as defined below, and collectively, “Your Information”). If you provide Your Information to us, you agree to provide true, current, complete, and accurate information and not misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Our collection, use, and disclosure of Your Information are governed by these Terms, including our Privacy Policy.
- Your Contact Information. It is your responsibility to keep the information you provide to us to contact you (“Contact Information”) up to date so that we may communicate with you. You understand and agree that, if we attempt to communicate with you using your Contact Information but you do not receive the communication because your Contact Information on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive the communication for reasons outside of our control, we will be deemed to have provided you the communication effectively. To the extent your Contact Information includes an email address, please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add us to your email address book so that you will be able to view the communications we send to you via email.
- You Must Maintain the Security of Any Password or PIN Issued to You. If our Services require you to create, obtain or use a password or PIN to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password or PIN. You acknowledge that your credentials, including your PIN and related account, are personal to you. You agree not to provide any other person access to our Services or portions of it using your username, password, PIN, or other security information. We will not be liable for any loss you may suffer because of a third party's authorized or unauthorized use of your password. If you suspect your password or PIN has been compromised, change it immediately. We have the right to disable any username, password, or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of these Terms. To protect the integrity of your PIN and provide you with a certain level of security, our system establishes certain restrictions or validations to the creation of the PIN and during its use, which are informed to you at the time of creating or using it.
- You Must Notify Us of a Breach. You must immediately notify us of any unauthorized use of your credentials, any unauthorized use of any account that you may have with us, any violation of these Terms, or any other breach of security known to you in connection with our Services by sending an e-mail to us at support@h-way.com or calling at +1 844-684-6844.
We will not be responsible for damages or losses that may occur if you have not taken appropriate security or have not adequately and timely communicated.
4. Licensing
- App Services. Certain aspects of our Services may include access and other capabilities related to your mobile, your computer, or another internet-enabled device (collectively, “Apps”). By using our Apps, you: i) Acknowledge that these Terms are between you and us and not any other third party; ii) agree not to use or manipulate our Apps on your device while driving or operating any vehicle or other machinery; iii) acknowledge that certain parts of our Apps may require phone service, data access or text messaging capability. Except as otherwise noted, carrier rates for phone, data, and text messaging will apply; and iv) acknowledge that we may, in our sole discretion and at any time, change, suspend, remove, or disable access to content or other materials comprising part of our Apps at any time without notice. We may also impose limits on the use or access of certain features or portions of our Apps, in any case, without notice or liability.
Any Apps made available by us to you are licensed, not sold, to you. Your license to the Apps is subject to your prior acceptance of these Terms, and you agree that these Terms will apply to the Apps that you license. We reserve all rights in and to any Apps not expressly granted to you under these Terms. However, remember that access to App stores (App Store, Google Play) is not part of the h.way service. - Scope of License. The license granted to you for any App is a limited, non-exclusive, and non-transferable license to (i) access, download, install and use our Apps for your personal, non-commercial use on a single, compatible device that you own or control (“Device”), as permitted by these Terms and subject to any additional rules and restrictions imposed upon you by third parties, such as rules and restrictions imposed by your Device provider and your application store provider (“Third-Party Rules”); and (ii) access, stream, download and use on such Device our Apps, strictly under these Terms. To avoid doubt, this license does not allow you to use any App on any Device that you do not own or control, and you may not distribute or make any App available over a network where multiple devices could use it simultaneously.
Except as expressly permitted by this license and the Third-Party Rules, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense any App. If you sell or otherwise transfer your Device to a third party, you must remove each App from the Device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of any App, any Updates (as defined below), or any part of any App or Update (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included in our Apps). Any attempt to do so is a violation of our rights and the rights of our licensors. You may be subject to prosecution and damages if you breach this restriction.
The terms of this license will govern any Updates unless such Update is accompanied by a separate license, in which case the terms of that license will govern. - Termination. This license to use our Apps is effective until terminated by you or us. You may terminate this license by deleting the App and all copies of such an App from your device. We may terminate this license at any time for any or no reason without notice. Additionally, this license will terminate automatically without notice from us if you fail to comply with any terms of these Terms. Upon termination of this license, you will cease all use of such App and destroy all copies, full or partial, of such App. Terminating this license will not limit our rights or remedies available at law or in equity.
- Consent to Use of Data. You acknowledge that when you download, install or use any App. We may collect and use (i) automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the App; and (ii) technical data and related information that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. We may use this information to improve our Services or provide you with other products, services, or technologies as otherwise outlined in our Privacy Policy.
- Updates. We may, from time to time, at our sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches, and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we are not obligated to provide Updates or to continue providing or enabling any features or functionality. However, to the extent we provide any Updates, you must promptly download and install all Updates. The App or portions thereof may not properly operate should you fail to do so. You should also consider that some updates are correlated to the version of your cell phone's operating system, so not having the corresponding software could reduce or cancel the improvement, change, inclusion, or other that is part of the update.
5. Our Intellectual Property Rights
Our Services and their entire contents, features, and functionality (including all information, text, software, displays, images, video, audio names, graphics, logos, page headers, button icons, scripts, and service names, and the design, selection, and arrangement of the foregoing) are owned by us, our licensors or other providers of such material. They are protected by the United States or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Our Services (including, without limitation, any App) are provided under license and not sold to you. You do not acquire any ownership interest in our Services under these Terms or your use thereof, or any other rights thereto other than to use our Services under the license granted (if any and as applicable), and subject to all terms, conditions, and restrictions, under these Terms. We and our licensors and service providers reserve and will retain our and their entire right, title, and interest in and to our Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
You may not use our or any third-party proprietary marks available on the Services (“Proprietary Marks”) without our prior express written permission, which permission may be withheld at our sole discretion. We make no proprietary claim to any third-party names, trademarks, or service marks appearing on or within our Services. Any third-party names, trademarks, and service marks are the property of their respective owners.
You are solely responsible for any damages resulting from your infringement of our or any third party's intellectual property rights in connection with your use of our Services or any other harm incurred by us as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using our Services (including any Proprietary Marks).
6. Linking to Our Services and Social Media Features
Our Services and their entire contents, features, and functionality (including all information, text, software, displays, images, video, audio names, graphics, logos, page headers, button icons, scripts, and service names, and the design, selection, and arrangement of the foregoing) are owned by us, our licensors or other providers of such material. They are protected by the United States or international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Our Services (including, without limitation, any App) are provided under license and not sold to you. You do not acquire any ownership interest in our Services under these Terms or your use thereof, or any other rights thereto other than to use our Services under the license granted (if any and as applicable), and subject to all terms, conditions, and restrictions, under these Terms. We and our licensors and service providers reserve and will retain our and their entire right, title, and interest in and to our Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
You may not use our or any third-party proprietary marks available on the Services (“Proprietary Marks”) without our prior express written permission, which permission may be withheld at our sole discretion. We make no proprietary claim to any third-party names, trademarks, or service marks appearing on or within our Services. Any third-party names, trademarks, and service marks are the property of their respective owners.
You are solely responsible for any damages resulting from your infringement of our or any third party's intellectual property rights in connection with your use of our Services or any other harm incurred by us as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using our Services (including any Proprietary Marks).
7. International
Our Services (including any App) may be subject to the United States export control laws, including the US Export Administration Act and its associated rules, restrictions, and regulations. You must not, directly or indirectly, export, re-export, or release any of our Services to or make any of our accessible from any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You must comply with all applicable laws, restrictions, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval), before exporting, re-exporting, releasing, or otherwise making any of our Services available outside the United States.
Our Services are controlled, operated, and administered by us from our offices within the United States of America. We make no representations that our Services are permissible, appropriate, or available for use in other jurisdictions. Suppose you access any of our Services from a location outside the United States. In that case, you do so of your own volition and are solely responsible for compliance with all laws, regulations, and rules (including local laws and any applicable United States export control laws). You must not use our Services in a manner prohibited by any applicable state, federal, international, or local laws, rules, restrictions, or regulations.
8. Authorization to Contact You
By using our Services, you authorize us and our agents, representatives, and independent contractors to contact you at any address, email address or telephone number (including telephone numbers associated with mobile, cellular, wireless, or similar devices) you provide to us or from which you place a call to us, or any telephone number at which we reasonably believe we may reach you, using any means of communication, including calls or text messages using an automatic telephone dialing system or prerecorded messages, even if you incur charges for receiving such communications.
If you send an e-mail or other communications to us, you are communicating with us electronically and consent to receive communications from us electronically. Although we may communicate with you by regular mail, we may also choose to communicate with you by e-mail or other communications or by posting notices on our Services. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing
9. Customer Care Service
We put at your disposal the following customer service channels:
Call Center: + 1 844 684 6844
In-app Support Tree and FAQs
support@h-way.com
H.way WhatsApp: +1 (305) 799-9769
Website: www.h-way.com
10. No Representations or Warranties Regarding our Services
You agree that your use of our Services (including any Apps), and all information, content, materials, products, and services relating to our Services is at your sole risk. It is your sole responsibility to independently evaluate the accuracy, correctness, or completeness of our Services, and all information, content, materials, products, and services relating to our Services. OUR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES (INCLUDING ANY APPS), OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES, INCLUDING THEIR ACCURACY, CORRECTNESS, COMPLETENESS, SAFETY, RELIABILITY, TITLE, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, you acknowledge that we cannot guarantee the continuous operation of or access to our Services. You further acknowledge that the operation of and access to our Services may be interfered with because of technical issues or numerous factors outside of our control. We make no representation, warranty, or guarantee that our Services that may be available for downloading are free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer, device, data, programs, or other equipment or material due to your use of our Services or items obtained through our Services or to your downloading of any material posted on our Services or any links to our Services.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
11. Limitations on Our Liability
IN NO EVENT WILL WE (OR OUR AGENTS, REPRESENTATIVES, LICENSORS, VENDORS OR SUPPLIERS) BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES OF ANY KIND, WHETHER AS A RESULT, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR ANY PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, INJURIES TO PROPERTY OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF ANY TERM OR CONDITION OF THESE TERMS; (II) YOUR ACCESS AND USE OF OUR SERVICES (INCLUDING ANY APPS); (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OR USE OF ANY APP; (V) YOUR RELIANCE UPON OR USE OF OUR SERVICES; (VI) ANY THIRD-PARTY’S USE OF OUR SERVICES ON YOUR BEHALF; (VII) THE BREACH OF OUR SECURITY AND UNAUTHORIZED DISCLOSURE OF YOUR INFORMATION; OR (VIII) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED ON OR THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, EVEN IF WE OR OUR AGENTS, REPRESENTATIVES, LICENSORS, VENDORS, SUPPLIERS OR ANY OTHER APPLICABLE THIRD-PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR TOTAL AGGREGATE LIABILITY AND THE LIABILITY OF OUR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES PAID TO US FOR OUR SERVICES BY YOU IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Specific state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you.
Suppose any limitation on the period for bringing an action, claim, dispute, or proceeding against us in this “Limitations on Our Liability” section is determined or held to be inapplicable or unenforceable by any court, arbitration panel, or another tribunal. In that case, the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute, or proceeding referred to final or binding arbitration.
12. Your Indemnification of Us
You covenant and agree to defend, indemnify and hold us and our parents, subsidiaries, and affiliates and our and their respective officers, members, managers, employees, independent contractors, agents, and representatives harmless from and against all claims and expenses, including attorneys’ fees, arising out of or attributable to (i) any breach or violation of these Terms by you or your representatives; (ii) your failure to provide accurate, complete and current Your Information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings on or through our Services; or (vi) any personal injury, property damage or emotional distress caused (in whole or in part) by you.
13. Legal Disputes
- General. Any Dispute (as defined below) between us relating in any way to or arising out of these Terms or your use of or access to our Services will be resolved under the provisions set forth below. Please read this “Legal Disputes” section carefully. It affects your rights and will substantially impact how claims between you and us against each other are resolved.
- Applicable Law. These Terms are governed by and construed under the internal laws of the State of Florida without regard to conflicts of law principles. You agree that our Services shall be deemed: (i) based solely in the State of Florida; and (ii) passive Services that do not give rise to personal jurisdiction over us and our assignees, either specific or general, in jurisdictions other than the State of Florida.
- Agreement to Arbitrate. Any action, suit, proceeding or dispute of any kind arising directly, indirectly, or otherwise in connection with, out of, related to or from these Terms or the relationship between you and us (each, a “Dispute”), including the extent to which any Dispute is subject to arbitration pursuant to this Section, will be submitted exclusively to (i) if you are located in the United States, the American Arbitration Association (“AAA”), or (ii) if you are located outside of the United States, the International Court of Arbitration of the International Chamber of Commerce (“ICC”), and in either case, will be finally settled under the Rules of Arbitration of the ICC (“ICC Rules”) or the Consumer Arbitration Rules of the AAA (“AAA Rules”) (as applicable) by one or more arbitrators appointed in accordance with said rules, provided, however, that if the amount in dispute (excluding interest, fees and costs) does not exceed $1,000,000, it will be resolved by a sole arbitrator appointed in accordance with ICC Rules or AAA Rules, as applicable, and if the amount in dispute exceeds $1,000,000, unless otherwise agreed to by you and us, it will be resolved by three (3) arbitrators appointed in accordance with ICC Rules or AAA Rules, as applicable.
- Conduct of Arbitration. The arbitration will be conducted exclusively by telephone, online, and/or based solely upon written submissions where no in-person appearance is required, and you and we may participate using video conference, teleconference, or other similar communications equipment using which all persons participating can hear each other. If an in-person appearance is required, hearings will occur in Miami-Dade County, Florida, United States. The arbitral proceedings will be conducted in the English language. All awards may, if necessary, be enforced by any court having jurisdiction. You and we will keep the existence of any Dispute, the existence or details of the arbitration proceeding, and all related documents, negotiations, materials, evidence, judgments, and awards strictly confidential. Without limiting the generality of the foregoing, except as required by applicable law, neither you nor we will make any public announcements concerning the proceeding or the award, except as required to enforce the same. The arbitration results under these Terms will be final and binding on both you and us.
- Costs of Arbitration. Arbitration costs will be shared equally by you and us, provided, however, that each of you and us will be responsible for your and our expenses (including legal fees) and costs related to the presentation and defense of your and our position in the arbitration proceeding and any costs related to the enforcement of any arbitral decision. Notwithstanding the foregoing, the arbitrator(s) will have the right to award reasonable attorneys’ fees, expenses, and applicable costs of arbitration in accordance with the applicable rules of arbitration.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S CLAIM(S). ANY RELIEF AWARDED CAN NOT AFFECT OTHER USERS. BY USING OUR SERVICES, YOU CONSENT TO THESE RESTRICTIONS.
- Judicial Forum for Legal Disputes. Unless you and we agree otherwise in writing if any provision of this section is found not to apply to you or to a particular Dispute as a result of a decision by the arbitrator or court order, any such Dispute must be resolved exclusively by a state or federal court located in Miami-Dade County, Florida. You and we will submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida, to litigate all such claims or disputes.
- Our Remedies. You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms.
14. Miscellaneous
Suppose any provision of these Terms is contrary to, prohibited by, or deemed invalid under applicable law. In that case, such provision will be inapplicable and deemed omitted to the extent contrary, restricted, or null. Still, the remainder of these Terms will not be invalidated thereby and will be given full force and effect so far as possible. If any provision of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.
For purposes of these Terms, the words “include,” “includes,” and “including” are deemed to be followed by the phrase “without limitation,”; and the word “or” is not exclusive. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and will not limit or otherwise affect the meaning or interpretation of these Terms.
All covenants, agreements, representations, and warranties made in these Terms, as may be amended under these Terms from time to time, will survive your acceptance of these Terms and the termination of these Terms.
No failure to exercise and no delay in exercising any right or any power outlined in these Terms by us will operate as a waiver of such right or power, nor will any single or partial exercise of any right or power under these Terms by us preclude further exercise of that or any other right or power under these Terms.
We may update, amend, or change these Terms at any time, in our sole discretion and without notice. Amendments will take effect immediately upon our posting such updates on our Services. We encourage you to periodically check these Terms for changes, as your continued access and use of our Services following the posting of any changes will automatically be deemed your acceptance of all changes. If you do not agree to any change to these Terms, you must discontinue using our Services. These Terms replace all previous notices or statements concerning this subject. Any of our associates, representatives, or third parties cannot modify them orally or in writing.
We may give, assign, or transfer our rights or obligations under these Terms to any person or entity at any time with or without your consent. You may not give, assign, or transfer your rights or obligations under these Terms to any person or entity without our prior written consent, which may be withheld at our sole discretion. Any attempt to assign your rights or obligations under these Terms without our consent will be void.
We will not be liable for any delay in or failure to perform our Services due to changes, delays, failures, or problems out of our control, including any changes, delays, failures, or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, shortage of transportation facilities, fuel, energy, labor or materials, and other similar events.
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
If you have questions, comments, concerns, or feedback regarding these Terms or our Services, please contact us via email at: legal@h-way.com, by calling +1 844-684-6844, by post mail at 2900 Southwest 28th Terrace, Suite 202, Coconut Grove, FL 33133, USA., or visiting h-way.com.
Limitations on Frequency and Amounts per Transactions and Period
IMPORTANT – PLEASE READ CAREFULLY
Updated: November 29, 2023.
The following limitations apply to all users to prevent fraud and, in some cases, to comply with regulations. Our goal is to provide you with a balance of convenience and controls to prevent fraud for the safety of all parties.
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APPENDIX I:
HOSPITAL CASH PERSONAL ACCIDENT BLANKET INSURANCE CERTIFICATE
Plateau Insurance Company
2701 N. Main Street
Crossville, TN 38557-7001
STP Risk Services,
LLC 1621 Collins Ave, PH 1003 Miami
Beach, FL 33139 678-754-6668
Updated: August 2nd, 2023.
PLEASE READ THIS CERTIFICATE CAREFULLY
This Certificate of Insurance is issued under the terms of the Policy issued to the Group Policyholder. Complete policy provisions are contained In the Group Policy, 126634. We insure each Insured Member as long as the required Premium is paid when due.
Subject to the terms and conditions of the Group Policy, We agree to pay Benefit(s) to an Insured Member for a Covered Injury or Covered Treatment(s) due to a Covered Loss. The Covered Loss must be caused by an Accident which resulted in an Event during the coverage period. Benefit(s) are only payable if the Insured Member is treated at an Emergency Room within a Hospital.
GROUP POLICYHOLDER: Leap Financial
GROUP POLICY NO.: 126634
CLASS DESCRIPTION: A customer of the Group Policyholder who:
- has an Account with the Group Policyholder;
- has reached the age of 18;
- is permanently and legally resident in the United States of America, acting in their personal capacity and not in a business or commercial capacity; and
- is declared by the Group Policyholder to Us and for whom Premium has been paid.
EFFECTIVE DATE OF INSURANCE
Insurance becomes effective on the latest of 1) the Effective Date of the Group policy, December 1, 2022, or 2) the date on which a person becomes an Insured Member.
DATE INSURANCE ENDS
Insurance will end at the earliest of:
- the date the Group Policy ends,
- the end of the period for which required Premium has been paid for an Insured Member’s insurance,
- the Insured Member’s death;
- the date on which an Insured Member ceases to be an Eligible Customer;
- the date the Insured Member requests in writing that coverage be terminated.
BENEFITS
This schedule shows the Benefits that are available to an Insured Member under the Group Policy.
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We will not be liable to pay the Insured Member more than the Per Insured Member Policy Limit on a maximum of two (2) Events during the
Insured Member Policy Period.
The Insured Member may sustain any, all, or any combination of the Covered Treatments / Covered Injuries during an Event. We agree to pay one (1) Benefit for each individual Covered Treatments / Covered Injuries that occurred during an Event according to the terms of the Group Policy.
EXCLUSIONS
We will not pay Benefits for a Covered Loss resulting from any of the following instances:
- Any Event which occurs after termination of the Group Policy.
- Any Event which occurs after termination of the Insured Member’s right to Benefits under this Group Policy.
- Any Event which first occurs prior to the Effective Date.
- Any pre-existing physical or mental condition for which medical advice, diagnosis, care or treatment was recommended or received within the 6-month period ending on the Effective Date.
- Any Event caused by criminal, malicious or fraudulent acts.
- Any Claim where fraudulently produced evidence is used.
- Any Claim where forged or altered document(s) are used.
- An Event caused by the Insured Member’s suicide, attempted suicide or self-inflicted harm.
- An Event caused by the Insured Member’s use of drugs, alcohol or other illegal or controlled substances. This does not include drugs prescribed by the Insured Member’s doctor as long as they were used in line with available instructions).
- Any Event caused by the Insured Member taking part in any Hazardous Pursuits.
- Any War activity, including:
- War, hostilities or warlike operations; Invasion; Act of a foreign enemy; Civil war, Riot, Rebellion, Insurrection, Revolution, Overthrow of the legally constituted government, Civil commotion amounting to an uprising; Military or usurped power; Explosions of war weapons.
DEFINITIONS
Accident means a sudden, unexpected, specific occurrence at an identifiable time and place.
Account means a deposit account, savings account, the cash portion of a brokerage account, credit card, loan account or other account held by a Customer. It must be established and used only for personal purposes. It does not include accounts held or used for commercial or business purposes.
Benefit is the dollar amount to which an Insured Member is entitled as listed the Benefit Section of this Certificate.
Claim means a claim by an Insured Member to a Benefit under the Group Policy. Covered Injury means the injury in the Benefits section of this Certificate.
Covered Loss is a loss due to an Accident that caused an Event which triggers the right to a Benefit.
Covered Treatment means the medical treatment administered during an Event referred to in the Benefits Section of this Certificate.
Customer is any Customer of the Group Policyholder who is a permanent and legal resident of the United States of America. A Customer must act in their personal capacity, not in a business or commercial capacity.
Insurer, We, Us or Our refers to Plateau Insurance Company.
Effective Date is the date on which the policy period begins.
Eligible Customer meets the eligibility criteria set out in the Group Policy.
Emergency Room means the Emergency Room or emergency department of a Hospital in the United States of America.
Event is the 24-hour period of aid to an Insured Member at an Emergency Room within a Hospital due to an Accident. The Covered Treatment or Covered Injury must be a direct result of an Accident.
Group Policy means this group insurance policy.
Group Policyholder means the Group Policyholder listed in this Certificate. The Group Policyholder must be a Financial Institution as defined under Florida Statute.
Hazardous Pursuits means any of the following:
- Winter sports including skiing, snowboarding, ice hockey, use of bobsleighs or skeletons, use of ski-run helicopters, chairlifts or any associated activities;
- scuba diving, potholing, caving, hang-gliding, parachuting, parascending, paragliding, mountaineering, coasteering or rock-climbing for which the Insured Member would normally need to use ropes or guides, bungee jumping, white-water rafting, or
- any other activity with a similar increased risk of physical injury.
- Armed forces activities including operations, exercises or training;
- flying as a pilot or aircrew or any other aerial activities other than travel by commercial airlines as a passenger.
Hospital means a licensed institution that has on its premises, or in facilities available, on a contractually prearranged basis and under the supervision of a staff of one or more duly licensed Physicians:
- Laboratory, X-ray equipment, and operating rooms where major surgical operations may be performed by licensed Physicians;
- Permanent and full-time facilities for the care of overnight resident bed patients under the supervision of a licensed Physician;
- 24-hour-a-day nursing service by or under the supervision of graduate registered nurses; and
- An Emergency Room or Emergency Department; and
- A patient's written history and medical records.
Further, Hospital does not include an institution or that part of an institution operated as:
- An urgent care facility; A doctor’s or specialist’s office; A nursing home; An extended care facility; A skilled nursing facility; A rest home or a home for the aged; or A rehabilitation center.
Individual Member Enrollment Date is the date on which the Insured Member’s monthly coverage begins during the Accounting Month. The Total Monthly Premium Due must have been paid for the Eligible Customer by the Premium Due Date.
Insured Member is an Eligible Customer who is a beneficiary under this Group Policy.
Per Insured Member Policy Limit is the total policy limit under this Group Policy per Insured Member. Minimum Eligibility Age is 18-years old.
Premium is the price the Group Policyholder must pay to enroll an Eligible Customer as an Insured Member.
Totally Disabled or Total Disability means the Insured Member, if employed, because of an Accident, is unable to perform the material and substantial duties of any occupation for which he or she is, or may become, qualified by reason of education, experience or training, which would provide them with substantially the same earning capacity as their prior earning capacity prior to the start of disability. If employed, Total Disability means the Insured Member, because of an Accident, is unable to perform the normal and customary activities of a healthy person of like age.
CLAIM PROVISIONS
In no case will We be liable for Benefits that are not payable under the terms of this policy or that exceed the applicable Benefit amounts or limits of insurance of this policy.
Notice of Claim
An Insured Member must give Us or appointed agent written (or authorized electronic or telephonic) notice of Claim within 20 days after an Event triggers a Covered Loss. If notice cannot be given within that time, it must be given as soon as reasonably possible. If the notice requirements are not met, the Insured Member shall not be entitled to Benefits and We will not be liable for Benefits that relate to that Claim.
Claim Forms
Upon receiving written (or authorized electronic or telephonic) notice of a claim, We will send claim forms to the claimant within 15 days. If We do not furnish the claim forms or if the Insured Member does not receive the forms, the claimant will satisfy the requirements of written proof of loss by sending the written proof as shown below.
Proof of Loss
Written (or authorized electronic or telephonic) proof must be sent to the agent authorized to receive it within 90 days after the date of loss. If it cannot be provided within that time, it should be sent as soon as reasonably possible. In no event, except in the absence of legal capacity, should proof of loss be sent later than one year from the time proof is otherwise required.
Proof of loss must include:
- Written evidence of the Event and the Covered Treatment and/or Covered Injury,
- by a medical report or letter from one of the treating doctors (a “Treating Doctor’s Confirmation”); or,
- The name of the Insured Member;
- The Insured Member’s Group Policy certificate number; and
- A copy of the Insured Member’s ID.
We may request more information at a later date, if during the investigation of the Claim, We determine additional information is necessary.
Claimant and Suit Cooperation
Failure of a claimant to cooperate with Us in the administration of a claim may result in the termination of a claim. Such cooperation includes, but is not limited to, providing any information or documents needed to determine whether Benefits are payable or the actual Benefit amount.
If We are sued due to a claim under this policy, the Group Policyholder or the Insured Member must fully cooperate with Us in the handling of the suit. The Group Policyholder or the Insured Member must not, except at their own expense, voluntarily make any payment or assume any obligation in connection with any suit without Our prior written consent.
Payment of Claims
Benefits will be paid to the Insured Member. Loss-of-life benefits are payable in accordance with the beneficiary designation in effect at the time of payment. If none is then in effect, the benefits will be paid to the insured’s estate. Any other benefits unpaid at death may be paid, at the insurer’s option, either to the Insured Member’s beneficiary or estate.
Time Payment of Claims
Any Benefits due will be paid when We receive written (or authorized electronic or telephonic) proof of loss.
Extension of Benefits
If an Insured Member is Totally Disabled when insurance under the Group Policy ends, We will provide for the continuation of the same Group Policy Benefits for a Covered Treatment or Covered Injury according to the terms of the Group Policy. Such Benefits will only be extended to the earlier of:
- 90 days from the date the termination date;
- the date the Insured Member meets the Per Insured Member Policy Limit and/or the Per Insured Member Number of Events;
- or the end of the Total Disability.
Legal Action Against Us
No lawsuit or action in equity can be brought to recover on the Policy before 60 days following the date proof of loss was given to Us. No such action can be brought after expiration of the applicable statute of limitations from the time written proof of loss is required to be furnished.
HOW TO FILE A CLAIM
To obtain a claim form, contact the Policy Administrator:
STP Insurance Services, Inc
1621 Collins Ave. PH 1003
Miami Beach, FL 33139
Attn: Claims Department 678-754-666
COMPLAINTS AND INQUIRIES
To present inquiries, obtain coverage information or file a complaint, please contact the agent. If further assistance is required, call 617-636- 0090 or visit our website: www.micglobal.com.
CONFORMITY WITH STATE LAWS
On the Effective Date of this Policy, any provision that is in conflict with the laws in the state where it is issued is amended to conform to the minimum requirements of such laws.
In the WITNESS WHEREOF, We have caused this Policy to be executed and attested, but this Policy will not be valid unless countersigned, if required, by our duly authorized Officer.
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