Skrill Visa® Prepaid Card Cardholder Agreement
This Agreement was last modified on April 25, 2023
Terms and Conditions for the Skrill Visa® Prepaid Card Program issued by CFSB.
The terms set forth in this Agreement also form a binding contract and apply only to your use of your Skrill Visa® Prepaid Card issued by Community Federal Savings Bank (“CFSB”), member FDIC, pursuant to a license from Visa® (the “Card”). You must maintain an active Skrill Account to request a Card, as the Card is a means of access to the money in your Skrill Account. By requesting a Card, you also agree to the terms of this Agreement to use your Card. If you do not agree to the terms of this Agreement you must not use the Card. You may cancel the Card by logging into your Skrill Account and selecting the cancel card option, by contacting the Skrill Help Team as detailed in the section entitled “Customer Support: Contact the Skrill Help Team”, or by notifying us through the Mobile App (if any). This Agreement is between you and CFSB. Skrill provides certain services on behalf of CFSB in connection with the Card and for this reason, Skrill is also a beneficiary of this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION (SUBJECT TO A LIMITED RIGHT OF OPT-OUT) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS WHERE PERMITTED BY LAW.
By activating or using the Card, or allowing someone else to use the Card, you agree to the terms of this Agreement under which the Card has been issued to you, and you reaffirm your agreement with each of the following agreements that applies to you:
- CFSB Consumer Privacy Notice
- Electronic Communications Policy
Your physical Card must be successfully activated prior to its initial use. For details, see “Activating Your Card” below. For additional information about the fees associated with the use of this Card, please visit https://www.skrill.com/en-us/skrill-visa/.
You can always see the most current version of this Agreement from the menu in the Mobile App (if any) or on the Skrill Website.
“Access Information” means your PIN, username, password, challenge questions, and any other security or access information required to access or use your Card or Skrill Account.
“Applicable Law” means any law, rule or regulation of a federal, state, municipal of foreign or local government, or any rule or regulation of any clearing house or network involved in the transaction, which apply to the product and services provided to you under this Agreement.
“Business Days” means Monday through Friday, excluding federal holidays, even if we are open. Any references to "days” found in this Agreement are calendar days unless indicated otherwise.
“Card” means your physical or virtual Skrill Visa® Prepaid Card issued by CFSB.
“Card Number” means the unique 16-digit number embossed or printed on your Card or on your virtual Card, if applicable, used to identify your Card.
“Card Transaction(s)” means using your Card to pay for goods and services online or over the phone or in person.
“Card Transaction Fees” means the fees payable for use of the Card as set forth at https://www.skrill.com/en-us/skrill-visa/.
“Cardholder” means the person authorized to use the Card. Only one Cardholder is permitted per Card.
“Issuer” means CFSB and our successors, affiliates or assignees.
“Mobile App” means the Skrill Mobile Application whereby Skrill provides services to you, when and if available.
“Skrill” means Skrill USA, Inc., and its successors, assigns and affiliates.
“Skrill Account” means the digital wallet account you have opened with Skrill and through which you access funds for use with your Card.
“You” and “your” mean the person who has requested the Card and is authorized to use the Card as provided for in this Agreement.
“We,” “us,” “our,” means CFSB.
2. Fees and Limits
You agree to pay the Card Transaction Fees set forth below. All the Card Transaction Fees will be withdrawn from your Skrill Account and will be assessed as long as there is a remaining balance on your Skrill Account. If at any time your remaining Skrill Account balance is less than the Card Transaction Fees being assessed, the balance of your Skrill Account will be applied to the Card Transaction Fees resulting in a zero balance on your Skrill Account, and your Card Transaction may be declined. The remainder of the Card Transaction Fees due will be collected at the next deposit of funds into your Skrill Account.
In addition to the fees associated with Card Transactions, you can make Skrill Account Transactions, which may be subject to fees set by and payable to Skrill. These may include fees associated with loading funds, transferring funds or withdrawing funds into or out of your Skrill Account. You can find more information about these fees on the Skrill Website at https://www.skrill.com/en-us/skrill-visa/.
List of all fees for Skrill Visa® Prepaid Card
Application, Shipping & Replacement
From April 27, 2021, there will be no application fee for a first card application for customers who meet the following criteria: (i) Fully verified Skrill Account; (ii) Deposited at least once into the Skrill Account using a deposit method other than paysafecard and paysafecash; and (iii)Downloaded and logged into the Skrill app. Any subsequent applications will be subject to a $10 application fee
Shipping & Handling
Shipping and Handling is free of charge
Replacement for lost, stolen or damaged physical card
No fees for replacement of lost, stolen or damaged physical cards
Virtual Card Application Fee
The first application for a virtual card is free. Any subsequent application of a virtual card or request for a replacement virtual card subject to a $2.50 fee.
Monthly and Annual usage
Monthly fee is free of charge
Card annual fee is ten dollars ($10.00)
In Store/Phone Order/Mail Order Purchases
No fees for in store/phone order/mail order purchases. Please note that some fees might be applied by third party banks/financial institutions when using the card. (i.e. cash withdrawal fees from third party ATMs or foreign exchange fees).
No fees for online purchases. Please note that some fees might be applied by third party banks/financial institutions when using the card. (i.e. cash withdrawal fees from third party ATMs or foreign exchange fees).
ATM withdrawal (in–network)
“In-network” refers to the Community Federal Savings Bank branch location at 8916 Jamaica Ave, Woodhaven, NY 11421, USA
ATM withdrawal (out-of-network)
“Out-of-network” refers to all the ATMs outside of the Community Federal Savings Bank ATM Network. You may also be charged a fee by the ATM operators, even if you do not complete a transaction.
Customer service (live agent)
No charge for calling customer service for card or account inquiries, including balance inquiries. Please note that calls are toll free when originating from a US phone number within the United States. Charges may apply for calls originating outside of the United States.
Using your card outside the U.S.
No charge for international purchases. Please note that currency conversion will take place when making a transaction in any other currency than USD and that some fees might be applied by third party banks/financial institutions when using the card (i.e. foreign exchange fees
International ATM withdrawal
Please note that currency conversion will take place when making a transaction in any other currency than USD. Some fees might be applied by third party banks/financial institutions when using the card (i.e. foreign exchange fees)
No inactivity charges
Card PIN Change
No charges for card PIN change
No overdraft/credit feature.
Contact Skrill Support by calling +1 855 719 2087, by mail at 5335 Gate Parkway, 4th Floor, Jacksonville, FL 32256, or visit https://www.skrill.com/en-us/support/
For general information about the Skrill Visa Prepaid Card, visit https://www.skrill.com/en-us/skrill-visa/
Register your card for FDIC insurance eligibility and other protections. Your funds will be held at or transferred to Metropolitan Commercial Bank or Community Federal Savings Bank (“CFSB”), an FDIC insured institution. Funds from authorized Skrill VISA® Prepaid Card Transactions are FDIC insured up to $250,000 by the FDIC in the event CFSB fails, if specific deposit insurance requirements are met and your card is registered. .
For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
Your Card is subject to certain spending transaction limits. You can find more information about these transaction limitations on the Skrill Website at https://www.skrill.com/en-us/vip-program/. We reserve the right to increase or decrease you limit at any time. From time to time, we may increase or decrease the limits or add additional limitations to your use of the Card in our sole discretion without notice to you except as required by law, for security, risk or other reasons.
Changes to the spending limits of your Card that are necessary in order for us to comply with legal requirements are not considered to be changes to this Agreement and therefore do not require prior notice. You can always check your current spending limits by logging into your Skrill Account. You may not request any increase to your Card limit(s).
3. Customer Support: Contact the Skrill Help Team
Customer support for your Card is handled by Skrill as a service provider to CFSB. You may contact the Skrill Help Team in the following ways:
By Telephone: 1-855-719-2087, between 9:00 a.m. ET and 7:00 p.m. ET, 7 days a week
By Mail: 5335 Gate Parkway, 4th Floor, Jacksonville, FL 32256, attention: Customer Service
4. Important Information About Procedures to Obtain a Card
To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify and record information that identifies each person who applies to obtain a Card.
5. Address or Name Changes
For legal reasons, all information you provide during the signup process for a Card or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information with us up-to-date. If you need to make changes to your profile after your Card has been issued, you can update your information by logging into your Skrill Account or by contacting the Skrill Help Team.
6. Card Description
Your Card is prepaid card and is not a debit card or credit card. Your Card is issued by CFSB under a license from Visa Inc. The Card remains the property of CFSB. The Card can be used to access and spend money stored in your Skrill Account. You can use the Card at any location that displays the Visa acceptance mark, including shops, restaurants, online or on the telephone. Your virtual Card can only be used where a physical card is not required, for example transactions made online or on the telephone. CFSB and Skrill reserve the right to cancel or suspend your Card at any time for any reason.
The Card is not a guarantee card, charge card or credit card. The Card will remain the property of CFSB and must be surrendered upon demand. The Card is non-transferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to Applicable Law.
You acknowledge and agree that the value available to spend with your Card is limited to the funds maintained in your Skrill Account. You will not receive any interest on your funds in your Skrill Account.
7. Account Security
You, not CFSB (or Skrill), are responsible for maintaining adequate security and control of your Card, PIN, or any other details that you use to access your Skrill Account. If you know or suspect that your Card or Card Number has been lost, stolen or otherwise compromised, please let Skrill know immediately by contacting the Skrill Help Team or reporting your Skrill Card lost or stolen in the “Skrill Card” section in your Skrill Account or through the Mobile App (if and when available). Any undue delay may result in you being liable for any losses where your failure to notify us is intentional or grossly negligent. If you suspect that your Card is being used by someone else you should also contact the police and report the incident.
8. Activating Your Card
You must activate your physical Card before it can be used. In order to activate your physical Card, you will need to log in to your Skrill Account, go to the “Skrill Card” section, and then follow the onscreen instructions, or you can activate the physical Card through the Mobile App, if available. When you receive your physical Card, please sign the back of it as soon as you receive it and keep it safe. A virtual Card does not need to be activated.
9. Personal Identification Number
You will be required to select a Personal Identification Number (“PIN”) for your Card when you activate your Card as a security feature. You will need the PIN for certain Card Transactions. The Card PIN is a 4-digit code that you may be asked to enter when making a payment using the Card. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Reporting an Unauthorized Transaction.” You may change your PIN at any time by logging into your Skrill Account or at an ATM.
10. Authorized Users
You may not request an additional Card for another person.
11. Using Your Card
Except as otherwise stated herein, you may use your Card as long as the total value of your Card Transaction and any applicable fees do not exceed the value available on your Skrill Account and your Skrill Account is in good standing. If you use your Card Number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. We reserve the right to increase or decrease that limit at any time. Certain types of transactions also may be prohibited. If you have questions about what transactions are prohibited, please contact the Skrill Help Team as set out in the section entitled “Customer Support: Contact the Skrill Help Team.”
12. Avoiding Holds on Your Funds
If you use your Card at a gas station it is recommended that you pay inside. Paying inside will avoid having an additional portion of your Card balance (this could be $100.00 or more outside of the United States) held and unavailable for use for a period of time after the use of the Card at the pump. If you use your Card at a restaurant or other merchant where tipping is common, the merchant may preauthorize an amount greater than the purchase amount. For hotels, car rentals, or similar purchases where a deposit is commonly collected in advance, the merchant may request a preauthorization of the estimated final transaction amount. Any preauthorization of the amount will place a “hold” on your available funds in your Skrill Account until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. It may take up to ten (10) Business Days for the hold to be removed; however, in some cases, it may take longer. During the hold period, you will not have access to the preauthorized hold amount.
Except as otherwise stated herein, you do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a Card Transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days.
13. Negative Account Balances
Negative balances are not authorized under any circumstance. You must not undertake or attempt to undertake Card Transactions that exceed the amount of funds available in your Skrill Account. If any purchase takes you over your available funds or the card limits in force from time to time, the transaction will be declined. If for some reason the amount available in your Skrill Account becomes negative, you are responsible for the immediate replenishment of your Skrill Account and you hereby authorize Skrill to collect negative balances from you. We may prompt you to replenish your Skrill Account if you incur a negative balance for any reason. We will also require you to replenish your Skrill Account before you can be authorized to use your Card. We may offset a negative balance, in full or in part, with funds received by you, and/or collect the negative balance from you when you initiate a Card Transaction. We reserve the right to take additional steps such as demanding and enforcing payments from you or referring your account to third-party collection agencies in order to make good any negative balance you incur.
14. Cash Access
Once your identity has been verified, you may use your physical Card and PIN to obtain cash from any ATM bearing a network brand logo on your Card (Visa®), or at merchants and participating financial institutions that have agreed to provide cash back at POS terminals bearing a network brand logo on your Card (Visa®). All such transactions are treated as cash withdrawal transactions. There may be limits and fees associated with certain cash access transactions which may be found at the following webpages: for limits, see https://www.skrill.com/en-us/vip-program/ and for fees, see https://www.skrill.com/en-us/skrill-visa/, or which may be charged by the operator of the ATM.
15. No Warranty Regarding Goods or Services as Applicable; Returns and Refunds
Skrill and CFSB are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. Any disputes or issues with any goods or services you purchase with your Card should be addressed to the merchants or individuals from whom the goods and services were purchased.
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Skrill Account for such refunds and agree to the refund policy of the respective merchant. Merchant refunds in an amount equal to or less than the amount of the corresponding debit will be provided to Skrill for posting to the Skrill Account when received. Neither CFSB nor Skrill has any control over when a merchant sends a refund transaction; there may be a delay between the date of the refund transaction and the date the refund amount is credited into your Skrill Account. If you have questions about a refund that has not posted to your Skrill Account you must contact the merchant where you made the purchase.
16. Card Replacement
If you need to replace your Card for any reason, please contact the Skrill Help Team, by using the contact information available in the section above entitled “Customer Support: Contact the Skrill Help Team.” You will be required to provide personal information which may include your Card Number, full name, Card Transaction history, identifying information, copies of accepted identification, etc. A replacement card may be subject to a fee as indicated in the paragraph above labeled “Fees and Limits.”
17. Card Expiration
Shortly before your Card expires we may provide you with a replacement Card or contact you to ask whether you require a replacement Card. You must ensure that you have sufficient funds in your Skrill Account to cover any membership fee prior to using your replacement Card. We reserve the right not to reissue your Card.
Following expiry or cancellation of your Card or termination of this Agreement, you will not be able to use your Card and you must destroy your physical Card it by cutting through the card chip and the magnetic stripe. You must use all reasonable efforts to dispose of your physical Card securely so that no unauthorized party can obtain your Card Number or the security number.
A record of your Card Transactions will always be available to you in your Skrill Account. You should always obtain a receipt from the merchant at the time you make a purchase or transaction using your Card and retain, verify, and reconcile your transactions and receipts. Some merchants may not provide a receipt for small dollar purchases. CFSB and Skrill are not liable for providing a receipt for transactions initiated through the use of the Card that you should have obtained from a merchant.
19. Skrill Account Balance, Periodic Statements and Card Use
You are responsible for keeping track of the available balance in your Skrill Account, which is maintained by Skrill and not CFSB.
Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any Card Transactions. To check your available funds, please log into your Skrill Account and refer to your “available balance”. We recommend that you check the balance on your Skrill Account and your transaction history regularly online on the Skrill Website or the Mobile App (if any).
You will not receive paper statements, or any other correspondence or notice, other than a paper copy of this Agreement upon request, in accordance with the Electronic Communications Policy. You can print out your Transaction history, this Agreement and any correspondence or notice.
- Where it is necessary for completing transactions;
- In order to verify the existence and condition of your Card for a third party, such as a merchant;
- In order to comply with government agency or court orders, or other legal reporting requirements;
- If you give CFSB or Skrill your express permission; or
- To Skrill or CFSB’s employees, auditors, affiliates, service providers, or attorneys, as needed.
21. Our Liability for Failure to Complete Transactions
If we do not properly complete a properly initiated Card Transaction on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages as required by Applicable Law. However, there are some exceptions. We will not be liable in the following instances:
a. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
b. If a merchant refuses to accept your Card;
c. If an ATM where you are making a cash withdrawal does not have enough cash;
d. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
e. If access to your Card has been blocked after you reported your Card lost or stolen or your XYZ Account compromised;
f. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
g. lf we have reason to believe the requested transaction is unauthorized;
h. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
i. Any other exception stated in our Agreement with you.
We reserve the right, in our sole discretion, to limit your use of the Card. We may refuse to issue a Card or may revoke Card privileges with or without cause or notice, other than as required by Applicable Law.
You agree not to use or to allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card.
Neither CFSB nor Skrill will incur liability to you because of the unavailability of the funds that may be associated with your Card or Skrill Account, except as required by Applicable Law.
22. Limitation of Liability
Except as otherwise expressly provided in this Agreement or as required by Applicable Law, neither we nor Skrill, nor our respective affiliates, officers, directors, employees or agents, or other parties with whom we or Skrill contract in order to offer the Card, the Skrill Account or related services, shall have any responsibility or liability for any indirect, incidental, consequential, special, exemplary or punitive damages, whether based on negligence, willful misconduct, tort, contract or any other theory of law, or for any damages for loss of data, loss of income, failure to realize expected revenues or savings, loss of profits or any other economic or pecuniary loss, in each case arising out of or relating in any way to the Card, the Skrill Account, any products or services purchased using the Card, or this Agreement (as well as any related or prior agreement that you may have had with us).
23. Other Miscellaneous Terms
You may not assign or transfer your Card and your obligations under this Agreement. We may assign or transfer our rights under this Agreement. Use of your Card is subject to Applicable Law. We do not waive our rights by delaying or failing to exercise them, in whole or in part, at any time. Notwithstanding the foregoing, this Agreement shall be binding on you, your authorized users, your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.
If a court finds any provision of this Agreement invalid or unenforceable such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
25. Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time, subject to Applicable Law. You will be notified of any change in the manner required by Applicable Law. If the change is made for security purposes or if advanced notification is not required by Applicable Law, we may implement such change without prior notice. You may end this Agreement and cancel your Card at any time by logging into your Skrill account or by contacting the Skrill Help Team.
Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
26. Information About Your Right to Dispute Errors
A. Contact Information
B. Card Errors
“Card Errors” include, but are not limited to, the following:
- A Card Transaction that you did not authorize.
- A duplicate transaction that you did not authorize.
- A recurring Card Transaction that you had cancelled prior to the occurrence of the Card Transaction.
- An incorrect Card Transaction.
- An ATM Card Transaction that appears to have occurred but the funds were not dispensed, in part or in full.
We must hear from you no later than sixty (60) days after the earlier of the date you accessed your Skrill Account regarding a Card Error, if the Card Error could be viewed in your Card Transaction history, or the date that you first received your monthly statement notification email from Skrill on which the error appeared.
We will determine whether an error occurred within ten (10) business days of hearing from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Skrill Account within ten (10) Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) Business Days, we may not credit your account. For new Cardholders (those who made their first Card Transaction fewer than thirty (30) days before the potential Card Error occurred), we may take up to twenty (20) Business Days to credit your Skrill Account for the amount you think is in error. For new point-of-sale transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) Business Days after completing our investigation. If we decide that no Card Error occurred, we will send you a written explanation and debit any provisional credit we may have given you. You may ask for copies of the documents that we used in our investigation.
Card Errors do not include buyer’s remorse, issues with the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card or if you do not receive those goods or services, or routine inquiries about the balance in your Skrill Account or a request for documentation or for other information for your record keeping or tax purposes.
C. Your Liability for Unauthorized Card Transactions
An unauthorized Card Transaction occurs when your Card is used, and it was not authorized by you and did not benefit you. For example, if someone steals your physical Card or accesses your virtual Card fraudulently or without your consent and uses your Card to access funds in your Skrill Account, an unauthorized Card Transaction has occurred. A Card Transaction used by someone to whom you gave access to your Card who then uses your Card without your knowledge or permission is not considered unauthorized. You are responsible for transactions made in such a situation.
You agree to exercise reasonable control over your Card and Access Information. If you believe your Card or Access Information has been lost or stolen, or if you believe that transactions have been made in your Skrill Account without your permission using your Card, tell us right away. You can do so by contacting the Skrill Help Team or by logging into your Skrill account (to cancel or report your Card as lost or stolen).
If you notify us within two (2) Business Days of any unauthorized Card Transactions, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) Business Days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.
For other Card Errors or potential Card Errors in your Skrill Account, please follow the instructions provided in this Section 25 (“Information About Your Rights to Dispute Errors”)
D. Your Liability for Unauthorized Visa® Prepaid Card Transactions
In addition to your limitations of liability under the section above entitled “Your Liability for Unauthorized Card Transactions,” your liability for the unauthorized use of your Card Account may also be limited by Visa®.
Under the Visa® rules, you will have no liability for a Card Transaction that was not authorized by you if you exercised reasonable care in safeguarding the Card from risk of loss or theft, and, upon becoming aware of such loss or theft, promptly reported such loss or theft to us by contacting the Skrill Help Team (the “Visa® Zero Liability Policy”). The Visa® Zero Liability Policy is subject to change without notice and changes made by Visa® will automatically apply to you.
This provision limiting your liability does not apply to Card Transactions not processed by Visa®.
You agree that Skrill and CFSB may communicate with you through Skrill, who acts as CFSB’s service provider with respect to this Agreement and that the Electronic Communications Policy applies to such communications.
In addition, if you provide us with your mobile phone number or contact us from your mobile number, you are providing this phone number for us or any third party acting on our behalf to contact you at this number. You agree that we may use this phone number to contact you for any business purpose about your Card and you agree to be responsible for any mobile or telecommunication fees or charges you incur as a result of providing this information. You may request this number not be used. We may offer options that allow you to receive or access text messages or other electronic communications from your mobile phone. You agree that we may contact you from time to time regarding your Card in any manner we choose unless the law says we cannot. For example, we may contact you by mail, telephone, email, fax, recorded message, text message, by using an automated dialer device. You are responsible for any service provider charges as a result of us contacting you. You agree to promptly notify us if you change any contact information you provide to us. We may contact you at any time and at any frequency, within reasonable limits, and leave prerecorded messages or messages with others. When we attempt to contact you, we may identify ourselves, our relationship and our purpose for contacting you even if others might hear or read it. Our contacts with you about your Card are not unsolicited. We may monitor or record any conversation or other communication with you.
28. English Language Controls
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
We do not waive our rights by delaying or failing to exercise them at any time. To the extent permitted by law and as permitted by the Agreement to Arbitratebelow, you agree to be liable to CFSB and Skrill for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Card or your Skrill Account.
30. Governing Law and Agreement to Arbitrate
THIS AGREEMENT REQUIRES ALL DISPUTES BE RESOLVED BY WAY OF BINDING INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT AS SET OUT BELOW.
You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this Agreement, the laws of the State of New York, without regard to principles of conflict or choice of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and CFSB (or Skrill), regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and CFSB (or Skrill), whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that CFSB, Skrill, and you are each waiving the right to trial by a jury. This Agreement to Arbitrate is subject to and governed by the Federal Arbitration Act.
You agree that any arbitration will take place on an individual basis; collective or group arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class or group or other representative action (“Class Action Waiver”). The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
You may opt out of the requirement to arbitrate by emailing a notice of opt-out within thirty (30) days of first registering your Skrill Account or, if you registered your Skrill Account before January 1, 2020, within thirty (30) days of activating your Card. Such email should state in its subject line “Opt-out from Arbitration” and must be sent to ComplianceUSA@skrill.com. Note that an opt-out from arbitration does not opt you out from or otherwise supersede the Class Action Waiver, which remains in effect notwithstanding such opt-out.
Any dispute not subject to arbitration pursuant to this Section shall be resolved exclusively in small-claims court in the jurisdiction in which you are located or in federal or state court, as applicable, located in the Borough of Manhattan, New York City, New York, and you and we expressly submit to the exclusive jurisdiction and venue of those courts.
If any portion of this Section 30 is deemed invalid or unenforceable, such a finding shall not invalidate any remaining portion of this Section 30, this Agreement, or any other agreement entered into by you with us. However, notwithstanding any language in this Section 30 or this Agreement to the contrary, the Class Action Waiver is not severable from the remainder of this Section 30 and, in the event that the Class Action Waiver is held to be invalid and unenforceable, and subject to any right of appeal that may exist with respect to such determination, any class action or representative proceeding shall be determined in a court of law and will not be subject to this Section 30.