Effective Date: July 1, 2019
Your use of the Kachinga website, Kachingacard.com (the “Website”), the Kachinga application for a mobile phone or any other device (the “Application”), and Kachinga Services are subject to your compliance with Kachinga’s terms and conditions (the “Terms of Service”). These Terms of Service are a legally binding agreement between Kachinga, Inc. (“Kachinga,” “we,” “our,” or “us”) and you, and describe the terms under which you agree to use the services, products, features, functions, technologies, or content offered on the Website, the Application, and all related sites and applications, regardless of how accessed, including by computer, mobile phone, or any other device (collectively, the “Kachinga Services”). “Kachinga Account” means the service account at Kachinga, established by the Primary Accountholder, through which the Kachinga Services are provided with regard to the Primary Account and Sub-Account(s). PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
Kachinga Services include a prepaid account service operated by Kachinga that, among other features, provides the Primary Accountholder with the ability to control and monitor the Card(s). “Primary Account” means the Primary Accountholder’s Card Account. The “Primary Accountholder” is the individual that opens and is responsible for the Card(s), Primary Account, and Sub-Account(s). A “Sub-Account” is a Card Account that is a sub-account of the Primary Account, established by the Primary Accountholder and utilized for the purpose of identifying, monitoring and approving Card transactions by a Sub-Account Cardholder. A “Sub-Account Cardholder” is any individual authorized by the Primary Accountholder to use a Sub-Account. A “Card” means the Kachinga Prepaid MasterCard issued to the Primary Accountholder by Sunrise Banks for a Sub-Account Cardholder’s use and governed by the terms and conditions of the Kachinga Cardholder Agreement (“Cardholder Agreement”). “Card Account” means the records Sunrise Banks maintains to account for the value of claims associated with each Card. Kachinga does not hold funds; any funds that you may add to your Card Account are solely held by Sunrise Banks.
Unless specified otherwise in these Terms of Service, the terms “you,” “your” and “yours” refer to the Primary Accountholder and each Sub-Account Cardholder.
The Kachinga Services are meant to assist you in managing the spending activities of Sub-Account Cardholders and are not intended to provide legal, tax, or financial advice. We reserve the right to change, modify, add to, discontinue, or retire the Kachinga Services and/or any aspect or feature of the Kachinga Services at any time. We shall provide notice of changes to Kachinga Services by posting them on the Website and the Application. By using the Kachinga Services, the Primary Accountholder represents that (i) each of the Primary Accountholder and any Sub-Account Cardholders is a natural person; (ii) the Primary Accountholder is at least 18 years of age (or older if you reside in a state where the majority age is older); and (iii) access to or use of the Kachinga Services by the Primary Accountholder and/or any Sub-Account Cardholder does not violate applicable laws. The Primary Accountholder represents that all Sub-Account Cardholders, which may include minors, are eligible to use Kachinga Services pursuant to these Terms of Service.
Further, by signing up for a Primary Account you, the Primary Accountholder, represent and warrant that you have provided us with your valid Social Security Number and that any other identifying information that may be submitted by you in order to verify your identity is also true, correct, and complete. By signing up a Sub-Account Cardholder for a Sub-Account, you, the Primary Accountholder, represent and warrant that any identifying information that may be submitted by you, the Primary Accountholder, regarding the Sub-Account Cardholder’s identity is also true, correct, and complete. We may restrict, suspend, or terminate your access at any time to Kachinga Services, the Website, and/or the Application if we believe you have breached these Terms of Service.
The Primary Accountholder may authorize additional transfers of funds to a Sub-Account based on controls determined by the Primary Accountholder, for purposes of utilizing the savings feature (“Save Feature”). The Save Feature is a tool pursuant to which the Primary Accountholder can transfer funds from the Primary Account to a Sub-Account Cardholder’s “save” bucket. Similarly, the Sub-Account Cardholder can set aside a portion of the Sub-Account’s available balance into the “save” bucket. The Primary Accountholder may also utilize the interest feature to transfer funds to the Sub-Account Cardholder as an “interest payment” on the Sub-Account Cardholder’s “savings.” These terms are used for the purpose of furthering financial literacy and do not refer to a “savings account” or “interest” in any legal sense. Neither Sunrise Banks, nor Kachinga pays interest to a Sub-Account. The Sub-Account Cardholder does not have any claim against Sunrise Banks or Kachinga for any interest, transferred or not transferred, to the Sub-Account by the Primary Accountholder.
We may allow you, the Primary Accountholder, to add your minor child as a Sub-Account Cardholder with a corresponding Sub-Account linked to your Primary Account, provided that you are his or her parent or legal guardian. By requesting Kachinga Services, you authorize us to make any inquiries, either directly or through third parties, including requiring you to provide documentation to us, either directly or indirectly, as we deem it necessary in our sole discretion to validate the information that you provide. Such inquiries may include engaging third parties to provide such services as age and identity verification. If we are unable to verify the information that you provide, we may (i) refuse to establish a requested Sub-Account; (ii) close an existing Sub-Account; (iii) close an existing Primary Account; and/or (iv) terminate Kachinga Services. We reserve the right to request such information at the time of enrollment or at any time thereafter during which you are a Primary Accountholder. You acknowledge that these Terms of Service will apply to your minor child, and you hereby expressly accept these Terms of Service on behalf of your minor child. You further agree to and accept full responsibility for your child’s use of the Kachinga Services, including all financial charges and legal liability that he or she may incur on behalf of your Kachinga Account.
As a condition of your use of Kachinga Services, the Website, and/or the Application, you warrant that you will not use the Kachinga Services, the Website, and/or the Application for any purpose that is unlawful or prohibited by these Terms of Service. You understand, agree, and acknowledge that you may not and warrant that you will not (i) intentionally interfere with, alter, or damage operation of the Kachinga Services, the Website, the Application, or any user’s enjoyment of either the Kachinga Services, the Website, or the Application by any means; (ii) attempt to gain unauthorized access to the Kachinga Services, the Website, the Application, or any part of either the Kachinga Services, the Website, or the Application, or other accounts, computer systems, or networks connected to the Kachinga Services, the Website, or the Application; or (iii) disable, circumvent, or otherwise interfere in any way with Kachinga’s security-related features.
Funds may be added to your Primary Account, called “value loading”, at any time, subject to any restrictions in these Terms of Service or your Cardholder Agreement. The initial value load, as well as each value reload, is referred to in this Agreement as a “load.” Your Primary Account may be loaded via (i) a debit card transaction from your Funding Account; or (ii) an ACH debit transaction from your Funding Account. A “Funding Account” is the Primary Accountholder’s or a Secondary Approver’s account at a third-party financial institution that is used to add funds to the Primary Account.
The Primary Accountholder may load funds to the Primary Account by authorizing Kachinga, through the Application, to initiate a debit card transaction or an ACH transaction from any Funding Account for a specified amount on either a one-time or recurring basis. Such authorization shall be provided by the Primary Accountholder to Kachinga via the Application. The Primary Accountholder may authorize a load from any Funding Account used to add funds to the Primary Account. BY CONNECTING A FUNDING ACCOUNT TO THE PRIMARY ACCOUNT, THE OWNER OF SUCH FUNDING ACCOUNT AUTHORIZES ANY PARTY WITH ACCESS TO THE PRIMARY ACCOUNT TO INITIATE LOADS FROM THAT FUNDING ACCOUNT. In no event shall Kachinga be held liable for processing any value load requested and authorized by the Primary Accountholder or any other third party accessing the Application or Website with the Primary Accountholder’s log-in access credentials.
Limitations on load amounts and associated fees may be found on the Fee Schedule and Limitations table in your Cardholder Agreement. Personal checks, cashier’s checks, and money orders sent to Sunrise Banks or Kachinga are not an acceptable form of loading. You can obtain information on how to load your Primary Account within the Application. You will have access to initial and subsequent fund loads in accordance with the Sunrise Banks funds availability policy. For value loads made via the ACH, Kachinga may, in its sole discretion, make funds available sooner. The Primary Accountholder (and Secondary Approver, if any) are encouraged to use the Application to confirm when fund loads are available.
In addition to the above, in the event that the balance of your Card Account is insufficient to cover any amount owed, whether such amount is owed to Sunrise Banks or Kachinga, you authorize Kachinga to debit your Funding Account for such amount owed. In such an event, Kachinga will send the Primary Accountholder an electronic notification, which will state the amount to be debited. The Primary Accountholder may revoke such authorization at any time by terminating enrollment in the Kachinga Services.
By using the My Card Creation service, you further agree to indemnify, defend and hold Kachinga, Sunrise Banks, and their respective affiliates, subsidiaries, and card membership organizations, and each of their respective shareholders, officers, directors, employees, agents, members, contractors and representatives, from any and all claims, liabilities, losses, costs and expenses of any nature whatsoever (including but not limited to attorney's fees) that may arise from the issuance or use of your customized Card with your submitted image on it, including (without limitation) any and all claims alleging trademark or copyright infringement, and/or the violation of a right of privacy or publicity or any other right.
Kachinga may from time to time offer Promotional Programs to Kachinga customers. If you participate in any of the Promotional Programs, the following additional terms apply.
Kachinga may offer a Referral Program to Primary Accountholders and Sub-Account Cardholders. The terms and conditions of any specific Referral Program will be made available on the Website, and are in addition to the terms and conditions of these Terms of Service. A “Referral Program” is an opportunity for you, the Primary Accountholder or the Sub-Account Cardholder, to promote and refer the Kachinga Services to potential customers (“Referred Customers”) with the intent that the Referred Customers will themselves become either Primary Accountholders or Sub-Account Cardholders receiving Kachinga Services. Any individual referred by you shall become a Referred Customer only if such individual (i) has not previously entered into an agreement with Kachinga to receive Kachinga Services; or (ii) has not been previously referred or introduced to Kachinga by another Kachinga customer. Once Kachinga accepts the Referred Customer, you and/or the Referred Customer may receive an award or benefit from Kachinga (a “Referral Reward”). As a general matter, a Referred Customer shall only be considered accepted once the Referred Customer (i) receives Kachinga Services through a Kachinga Account, as either a Primary Accountholder or Sub-Account Cardholder, for a period of not less than thirty (30) calendar days; and (ii) the Primary Accountholder on the Kachinga Account has paid their first annual account service fee.
Notwithstanding the above, Kachinga may refuse to accept any Referred Customer, and such decision shall be at the sole discretion of Kachinga. Furthermore, your participation in the Referral Program does not guarantee the receipt of any Referral Reward by you or the Referred Customer. Referral Rewards associated with the Referral Program are subject to change at any time. The type, amount, value, or duration of Referral Rewards, if any, are determined at the sole discretion of Kachinga. The specific Referral Rewards in effect at any time will be those posted and described within the Website or Application at the time the potential customer becomes a Referred Customer. Kachinga reserves the right to terminate the Referral Program, or terminate or modify any aspect thereof, at any time and without notice. Referral Rewards earned prior to any modification or termination of the Referral Program will be honored by Kachinga. You shall use the Referral Program strictly in accordance with these Terms of Service and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Referral Program for any use other than the promotional purpose for which it was intended.
You agree that that you will properly disclose your relationship with Kachinga in all communications with Referred Customers regarding the Kachinga Services and the Referral Program. Specifically, you must disclose the potential Referral Reward in your communication with Referred Customers. Your communication(s) with Referred Customers regarding the Kachinga Services, may not directly or indirectly state or imply that you are a Kachinga employee, intermediary, or agent, or that you are otherwise a legal representative of Kachinga.
At its discretion, Kachinga may permit, limit, suspend, or terminate your participation in any Promotional Program. If you participate in a Promotional Program, you agree to do so in accordance with these Terms of Service, any additional terms and in a manner consistent with all applicable local, state, national, and international laws and regulations. In your communications with anyone regarding the Kachinga Services, including Referred Customers, you may not directly or indirectly state or imply that you are an employee, intermediary, or agent, or are in any way authorized to legally bind Kachinga. You understand and agree that you will only contact individuals who have given you their consent to be contacted. You agree that you will participate in the Promotional Programs in ways that are respectful of the privacy of others, including refraining from spamming or engaging in otherwise unsolicited advertising or promotion of the Kachinga Services. You may not post referral information, including any referral code or link provided to you by Kachinga, on any event, coupon, discount, or related page or site. You also agree to participate in the Promotional Programs, and communicate with others about the Kachinga Services, in a truthful manner.
By submitting any information to Kachinga through your access to and use of the Kachinga Services, you are licensing that content to Kachinga solely for the purpose of providing the Kachinga Services, and you represent that you are entitled to do so for this purpose. Kachinga may use and store the content, but only to provide the Kachinga Services to you. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Kachinga Services, the Website, and the Application, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Kachinga Services, the Website, and the Application.
By opening your Kachinga Account and accepting these Terms of Service, you consent to receiving electronic communications, which include any disclosure, notice, agreement, statement, schedule of fees, explanation of services, inquiry responses, or any other communication regarding any account, product or service provided to you, including Promotional Programs, directly or indirectly, by Kachinga and/or Sunrise Banks (collectively, “E-Communications”).
You agree that we may provide E-Communications to you via email, via text message to a designated mobile device, or by posting them to the Website or delivering them you via the Application. E-Communications sent via email will be delivered to the email address registered to your Kachinga Account. If an E-Communication is sent via email and is returned as undelivered, we may use any other email address that we have for you, or deliver the E-Communication to you via the Application. You must notify us of any change in your email address or mobile device number by emailing email@example.com. Unless otherwise required by law, you agree that any E-Communication will be deemed received by you when sent by any means set forth above.
You may withdraw your consent to receive E-Communications by contacting Kachinga at firstname.lastname@example.org. The withdrawal of your consent to E-Communications will result in the immediate closing of your Kachinga Account and cessation of all related Kachinga Services.
You may contact email@example.com to request a paper copy of any communication provided electronically. Paper copies of electronic communications cost $4.99 per Account, which will be deducted from your current Kachinga balance. Kachinga may, in its discretion, close your Kachinga Account and cease all related Kachinga Services in the event of routine or multiple requests for paper copies of E-Communications.
In order to properly access and retain your E-Communications you must have (i) a personal computer (with monitor) or mobile device capable of accessing the Internet, displaying visual content, and sending and receiving emails; (ii) access to a printer capable of printing copies of emails, Website or Application content for your records (if you desire paper records); (iii) sufficient computer or mobile device hard drive, or cloud-based storage capability, capable of storing data, if you wish to store E-Communications; (iv) an Internet browser that supports 128-bit encryption; and (vi) a software program that accurately displays PDF files. For E-Communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required, a free copy of which may be obtained from the Adobe website at www.adobe.com. If any of the above system requirements change, and we believe that such change may create a material risk that you will be unable to access E-Communications, Kachinga will notify you of the new hardware/software requirements.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, KACHINGA (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), OUR AFFILIATES, SUBSIDIARIES, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; LOSS OF PROFITS, DATA, GOODWILL, OR ANY OTHER INTANGIBLE LOSSES; THE FAILURE OF MERCHANTS TO HONOR THE CARD, OR TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES OR ANY FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, INCLUDING YOUR MOBILE PHONE OR OTHER DEVICE, ANY INTERNET SERVICE, ANY MOBILE PHONE NETWORK OR ANY OTHER COMMUNICATION NETWORK, OR ANY PAYMENT SYSTEM. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT THAT WE ARE HELD LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY KACHINGA SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.
These Terms of Service and any Kachinga Services provided hereunder will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by and construed in accordance with the federal laws of the United States.
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE KACHINGA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE AVAILABILITY OR OPERATION OF THE KACHINGA SERVICES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE KACHINGA SERVICES IS AT YOUR OWN RISK.
We may charge a service fee for Kachinga Services. Your wireless carrier may charge fees for your data usage in connection with your use of Kachinga Services. The Kachinga Services’ fees are unrelated to any such fees that may be charged to you by a third party arising from your use of Kachinga Services. International Card transactions will be subject to the currency conversion rates of the card network operator (MasterCard), as such may be in effect and applied by MasterCard at the time of the Card transaction. Additional information about the fees for Kachinga Services is available at www.kachinga.com/cardholderagreement.
You agree to defend, indemnify, and hold harmless Kachinga, its officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners, from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or regulation, or the rights of any third party.
You understand and agree that Kachinga has the absolute right to terminate these Terms of Service, in Kachinga’s sole discretion, for any reason, at any time. You will be notified in the event that Kachinga exercises this termination right within five (5) business days of such decision, but the termination will be effective immediately, regardless of whether you have read or received such notification. Unless terminated by you, your enrollment in the Kachinga Services shall automatically continue indefinitely.
You, the Primary Accountholder, may terminate these Terms of Service at any time by calling Kachinga Customer Service at 888-377-9776 and closing your Kachinga Account. A Primary Accountholder may close the Primary Account and/or any linked Sub-Account at any time according to the above procedures; if the Primary Account is closed, any linked Sub-Account(s) will also be closed.
A termination of these Terms of Service, whether by you or Kachinga, will also result in the cancellation of your Cardholder Agreement.
Your right to use and access the Kachinga Services is personal to you and is not transferrable by you to any other person or entity. Neither these Terms of Service, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void.
These Terms of Service are solely and exclusively between you and Kachinga and you acknowledge and agree that (i) no third party, including any third-party partner or service provider of Kachinga is a party to these Terms of Service, and (ii) no third party, including any third-party partner or service provider of Kachinga, has any obligations or duties to you under these Terms of Service.
Any waiver of our rights under these Terms of Service must be in writing, signed by Kachinga, and any such waiver shall not operate as a waiver of any future breach of these Terms of Service. Our failure to exercise any rights or enforce any of these Terms of Service is not a waiver of such right or term.
In the event any portion of these Terms of Service is found to be illegal or unenforceable, such portion shall be severed from these Terms of Service to the minimum extent necessary, and the remaining terms shall be separately enforced so that these Terms of Service shall otherwise remain in full force and effect to the fullest extent permitted by law.
You warrant to Kachinga, as a condition to your use of Kachinga Services, the Website, and/or the Application, that your use of the Kachinga Services, the Website, and/or the Application shall at all times comply with all applicable laws, rules, and regulations. You are only entitled to use and access the Kachinga Services, the Website, and the Application for lawful purposes.
These Terms of Service, and all documents incorporated into these Terms of Service by reference, constitute the entire agreement between you and Kachinga with respect to this subject matter and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms of Service.