海角爆料 Boost Terms and Conditions
Effective Date:聽May 11, 2022
1. Acceptance of Terms
1.1鈥
These Terms and Conditions (the 鈥淭erms鈥) are by and between 海角爆料., a Delaware corporation (鈥満＝潜,鈥 鈥渨e,鈥 鈥渦s,鈥 and 鈥渙ur鈥) and Customer (as defined in 海角爆料鈥檚 Terms of Use Agreement, 鈥測ou,鈥 or 鈥測our鈥) and describe and govern your use of the 海角爆料 Boost feature (鈥満＝潜 Boost鈥), which 海角爆料 provides as a service provider to Middlesex Federal Savings, F.A. (鈥淢FS鈥). By enrolling in 海角爆料 Boost, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you cannot access 海角爆料 Boost. If you have any questions about these Terms, please contact us at support@novo.co.
These Terms may be amended from time to time as provided herein. 海角爆料 may cancel 海角爆料 Boost at any time for any reason and without prior notice except where required by law.
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2. Incorporation of Other Agreements
2.1
海角爆料 Boost is subject to the additional agreements that govern your access to the 海角爆料 platform and use of MFS accounts and services, including but not limited to, the 海角爆料 Terms of Use Agreement, the 海角爆料 Business Account Agreement, MFS and 海角爆料 Privacy Policies, and the MFS and 海角爆料 Electronic Communication Agreements (collectively, 鈥淎dditional Agreements鈥), each of which applies, to the extent applicable, to your access and use of 海角爆料 Boost and is hereby incorporated herein by this reference. Copies of Additional Agreements are available at 海角爆料.co/legal. You further agree that the Governing Law and Forum for Disputes provision of the 海角爆料 Terms of Use Agreement shall extend to any claim, dispute, or controversy (鈥淐laim鈥) arising out of or relating in any way to:( i) these Terms; (ii) 海角爆料 Boost; (iii) your qualification for 海角爆料 Boost; (iv) your use of 海角爆料 Boost; (v) the amount of a given 海角爆料 Boost transaction; (vi) advertisements, promotions or oral or written statements related to 海角爆料 Boost; (vii) the benefits and services related to 海角爆料 Boost; or (viii) transactions made using 海角爆料 Boost, no matter how described, pleaded or styled. These Terms shall supplement the Additional Agreements. In the event of a conflict between these Terms and the Additional Agreements, these Terms shall control.
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3. 海角爆料 Boost Description
3.1
海角爆料 Boost is an optional, no fee service made available to eligible Customers (see Section 4 below for Eligibility Requirements criteria) that elect to enroll in the feature through the 海角爆料 mobile or web application (the 鈥満＝潜 Application鈥).
海角爆料 Boost enables you to receive early access to payouts made via ACH (鈥淧ayouts鈥) to your checking account (the 鈥満＝潜 Account鈥) held by MFS that is supported by eligible third party payment processing platforms (鈥淪upported Platform(s)鈥). 海角爆料 will instruct MFS to issue a temporary provisional credit (the 鈥淧rovisional Credit鈥) to your 海角爆料 Account in advance of settlement of the associated ACH transaction for eligible payouts, up to a specified amount (the 鈥淟imit鈥). The Limit is determined, and may be adjusted at any time, by 海角爆料 in its sole discretion. You can review your current Limit available in the 海角爆料 Application.
From time to time, 海角爆料 or MFS may increase or decrease your Limit or add additional limits to your use of 海角爆料 Boost, in their sole discretion without notice to you except as required by law, for security, risk, fraud prevention, or other reasons.
4. Eligibility Requirements
4.1
To enroll in 海角爆料 Boost, you must fulfill certain eligibility requirements.
4.1.1
Your 海角爆料 Account must be connected to one or more Supported Platforms. Contact us at support@novo.co.to learn more about Supported Platforms.
4.1.2
You must at all times have established and maintain a 海角爆料 Account in good standing;
4.1.3
You must have deposited at least $50 in your 海角爆料 Account prior to enrollment in 海角爆料 Boost;
4.1.4
You must have downloaded the 海角爆料 Application from either the iOS App Store or Google Play Store.
4.2
You must meet any additional eligibility criteria MFS or 海角爆料 may, at any time and in their sole discretion, require and / or meet any changes to existing eligibility requirements made by MFS or 海角爆料.
4.3
If you initially fulfill the eligibility criteria and subsequently fail to fulfill such criteria, your access to 海角爆料 Boost may be suspended or terminated immediately and, except where required by law, without notice as determined by MFS or 海角爆料 in their sole discretion. By way of example, if you opt into 海角爆料 Boost and subsequently fail to maintain your 海角爆料 Account in good standing or if you fail to meet new eligibility requirements, 海角爆料 may (a) suspend your access to 海角爆料 Boost until your 海角爆料 Account is back in good standing; or (b) terminate your access to 海角爆料 Boost.
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5. Provisional Credit Particulars
5.1
Eligibility Requirements for Provisional Credit
5.1.1
Each Payout must meet certain eligibility requirements (the 鈥淧ayout Eligibility Requirements鈥) before Provisional Credit will be issued to you. You can check whether your Payouts meet the Payout Eligibility Requirements any time within the 海角爆料 Application. The Payout Eligibility Requirements are determined by 海角爆料 in its sole discretion, and the Payout Eligibility Requirements may be adjusted from time to time by 海角爆料 in its sole discretion. 海角爆料 will keep an updated record of the Payout Eligibility Requirements available for access in the 海角爆料 Application.
5.2
Receiving Provisional Credit from 海角爆料 Boost
5.2.1
Once enrolled in 海角爆料 Boost, 海角爆料 will instruct MFS to issue a Provisional Credit to your 海角爆料 Account in the amount of all Payouts that meet the Eligibility Requirements, up to and not exceeding the Limit. Provisional Credit issued via 海角爆料 Boost will be added to your available balance. In other words, if the Limit is $5,000 and you receive a Payout of $7,000, 海角爆料 will instruct MFS to issue $5,000 as Provisional Credit and the remaining $2,000 amount of payment will be made available when the associated ACH transaction settles.
5.2.2
Each time Provisional Credit is issued for a Payout that meets the Payout Eligibility Requirements, you will receive an email and/or push notification that 海角爆料 has issued the Provisional Credit, including the amount of Provisional Credit issued.
5.2.3
Credit given to you with respect to an ACH entry is provisional until we receive final settlement for such entry through a Federal Reserve Bank. If we and MFS do not receive such final settlement, you are hereby notified and agree that we and MFS are entitled to a refund of the amount credited to you in connection with such entry, including, without limitation, as provided in Section 5.3 below, and the party making payment to you via such entry (i.e. the originator of the entry) shall not be deemed to have paid you in the amount of such entry.
5.3
Withdrawing Provisional Credit from 海角爆料 Boost
5.3.1
Provisional Credit issued via 海角爆料 Boost will be automatically withdrawn from your 海角爆料 Account in any of the following scenarios:
5.3.1.1
The ACH transaction associated with the relevant Payout clears and is added to your balance. 海角爆料 will notify you via email and/or push notification that the Provisional Credit has been withdrawn
5.3.1.2
The ACH transaction associated with the relevant Payout fails for any reason or is not added to your available balance within five (5) business days.
5.3.1.3
Enrollment in 海角爆料 Boost is canceled by you or 海角爆料 while Provisional Credit is still outstanding in your available balance.
5.3.1.4
海角爆料 reserves the right to withdraw Provisional Credit in its sole discretion at any time.
5.3.2
If 海角爆料 is unable to withdraw the full amount of Provisional Credit from your 海角爆料 Account because the available balance is lower than the amount of Provisional Credit issued, 海角爆料 reserves the right to place your 海角爆料 Account into overdraft. Overdrafts resulting from 海角爆料 Boost are subject to the Understanding and Avoiding Overdraft and Nonsufficient Funds (NSF) Fees and Right of Offset provisions of the 海角爆料 Business Account Agreement.
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6. Cancellation by You
6.1
You may cancel your use of 海角爆料 Boost at any time in the 海角爆料 Application. To do so, you may 鈥渄isconnect鈥 any and all connected Supported Platforms in the 海角爆料 Application. If you cancel your use of 海角爆料 Boost, 海角爆料 will not issue Provisional Credit for any future Payouts. If you continue to meet 海角爆料 Boost鈥 Basic Requirements as outlined in Section 4 of these Terms, you may re-enroll at any time.
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7. Cancellation by 海角爆料
7.1
海角爆料 may terminate these Terms or suspend or terminate your use of 海角爆料 Boost for any reason at any time and without notice to you except where required by law. For example, this can happen if we find out you are using 海角爆料 Boost in a way that violates these Terms or the terms and conditions of any Additional Agreement. We may, but are not required except as otherwise provided under law, inform you of our decision via email and/or push notification. You agree that each of 海角爆料 and MFS will not be liable to you or any third-party for any costs, fees, or losses associated with the termination of your access to 海角爆料 Boost, including but not limited to, insufficient funds fees, late fees, legal fees or other charges.
Notwithstanding anything herein to the contrary, 海角爆料 reserves the right to disqualify Payouts and other transactions in connection with the 海角爆料 Boost feature that are not usual, customary, or, in 海角爆料鈥檚 sole discretion, are structured or intended to abuse the 海角爆料 Boost feature or that 海角爆料 suspects may be fraudulent.
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8. Warranty Disclaimer
8.1
海角爆料 Boost IS PROVIDED 鈥淎S IS,鈥 鈥淎S AVAILABLE鈥 AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NOVO, MFS AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES) DO NOT WARRANT THAT: (I) NOVO BOOST WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH 海角爆料 Boost IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING NOVO BOOST WILL MEET YOUR REQUIREMENTS. YOUR USE OF 海角爆料 Boost IS SOLELY AT YOUR OWN RISK.
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9. Indemnification, Limitation of Liability, Termination
9.1
You agree to hold harmless and indemnify 海角爆料 and MFS and their subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of 海角爆料 Boost or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys鈥 fees, of every kind and nature. In such a case, 海角爆料 will provide you with written notice of such claim, suit or action.
9.2
IN NO EVENT SHALL NOVO OR MFS, OR THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES (AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES), BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (OR IN THE AGGREGATE) OF $500.00.
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10. Modification of Terms
10.1
海角爆料 may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the 鈥満＝潜 Boost鈥 is posted on the 海角爆料 Website. We will also send you notification of any modification of these Terms via email and/or push notification. You can determine when these Terms were last revised by referring to the 鈥淟AST UPDATED鈥 legend at the top of then-current version of the 鈥満＝潜 Boost Terms and Conditions鈥 on the 海角爆料 Website. Your use of the 海角爆料 Application following such changes constitutes your acceptance of the revised version of the 鈥満＝潜 Boost Terms and Conditions鈥 on the 海角爆料 Website.
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11. General Provisions
11.1
These Terms represent the entire agreement between you, MFS and 海角爆料 with respect to 海角爆料 Boost. They supersede any other communications you have with us regarding 海角爆料 Boost, such as by email or phone. If any part of these Terms is found to be unenforceable or invalid, only that part will be removed or limited as needed, but the rest of these Terms will stay intact. No agency, partnership, joint venture, or employment relationship is created under these Terms, and neither you nor MFS nor 海角爆料 has any authority to bind the other in any way. The paragraph headings in these Terms are for convenience only and do not affect any provision鈥檚 meaning or interpretation.
11.2
All provisions of these Terms which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11.3
We work with some third-party companies, such as payments processors. 海角爆料 is not responsible for any errors of or damages caused by any of these third-party companies.
11.4
These Terms are specific to the relationship between you, MFS and 海角爆料, so you cannot transfer any part of these Terms between you and MFS to anyone else, or assign any part of your relationship with MFS to another person or organization.
11.5
We do not waive our rights by delaying or failing to exercise them at any time. If we decide to make a special exception and waive your obligation to follow any part of these Terms, we will notify you via email.
11.6
海角爆料 Boost is currently in its beta version. User understands that it will be testing, evaluating, and providing feedback to 海角爆料. User agrees to the terms and warranties associated with beta use, as delineated in Section 5 of the 海角爆料 Terms of Use Agreement.
11.7
If you have any questions or concerns, please contact us at: support@novo.co