1. Terms and conditions
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the "Wingocard" mobile application ("Mobile Application" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Mobile Application developer ("Operator", "we", "us" or "our"). By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. “Wingocard Account” means the non-monetary service account in the Wingocard Application, established by the Primary Accountholder, through which the Wingocard Services are provided with regard to the Primary Account and any associated Sub-Account(s). The Wingocard Account does not hold any consumer funds; any consumer funds related to the Wingocard program described in these Terms of Service are held in the Card Account established and maintained by Community Federal Savings Bank on behalf of the Primary Accountholder. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
2. Accounts and membership
You must be at least 13 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
3. Wingocard Services Overview
Wingocard Services include a prepaid account service operated and managed by Wingocard 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 who opens and is responsible for the Card(s), the Primary Account, and any Sub-Account(s). A “Sub-Account” is a Card Account that serves as 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 child or other individual who is authorized by the Primary Accountholder to use a Sub-Account. A “Card” means the Wingocard Prepaid Visa Card issued to the Primary Accountholder by Community Federal Savings Bank (“CFSB” or the “Bank”) for a Sub-Account Cardholder’s use and governed by the terms and conditions of the Community Federal Savings Bank Cardholder Agreement (the “Cardholder Agreement”). “Card Account” means the records that Community Federal Savings Bank maintains to account for the value of claims associated with each Card. Wingocard does not hold any consumer funds; any funds that you may add to your Card Account are solely held by CFSB.
5. Representations and Warranties by Primary Accountholder
6. Sub-Account Cardholders – Minor Teens
We may allow the Primary Accountholder to add a minor teen as a Sub-Account Cardholder with a Sub-Account linked to your Primary Account. Primary Accountholders cannot create a Sub-Account for minor children under the age of 13. By creating this Sub-Account for the minor teen, you are confirming that you are either: (i) a parent or legal guardian of the minor teen for whom you are creating the account, or (ii) you have express consent from a parent or legal guardian of the minor teen to create the account for them. Opening a Sub-Account for a minor under the age of 13 or for a minor teen without parental/legal guardian consent is not permitted and may result in the closure of the Primary Account and all associated Sub-Accounts. By requesting Wingocard Services, you authorize us to make any inquiries that we deem necessary in our sole discretion to validate the information you provide, to include requiring you to provide documentation to us. If we are unable to verify the information that you provide, we may: (i) refuse to establish the requested Sub-Account; (ii) close an existing Sub-Account; (iii) close an existing Primary Account; and/or (iv) terminate your Wingocard Services. Wingocard reserves the right to request such information at the time of enrollment or anytime thereafter during the lifetime of the Primary Account. You acknowledge that these Terms of Service will apply to you and any Sub-Account Cardholders, and you hereby expressly accept these Terms of Service on behalf of any minor Sub-Account Cardholder. You further agree to and accept full responsibility for the minor Sub-Account Cardholder’s use of the Wingocard Services, including all financial charges and legal liability that he or she may incur on behalf of your Wingocard Account.
7. Links to other resources
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links in the Mobile Application may be "affiliate links". This means if you click on the link and purchase an item, the Operator may receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application and Services. Your linking to any other off-site resources is at your own risk.
8. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
9. Intellectual property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of the Operator or third party trademarks.
10. Referral Program
We offer you the opportunity to participate in a program that rewards waiting list users for referring their friends and family members to Wingocard (“Referral Program”) When you refer friends or anyone else to join Wingocard and they use your referral link or code to sign up, you can earn $2 per account. The more users that sign up with your code or link, the more money you can earn. To be eligible for the rewards, you and the individuals you refer must open, authorize, and fund your separate Wingocard accounts. When this occurs, we will credit two U.S. Dollars ($2.00) to your Wingocard account within 24 hours. You may only earn two U.S. Dollars ($2.00) per Wingocard account opened by an individual you referred, even if you referred two or more individuals who each become owners or Authorized Users of the same Wingocard. You may not earn rewards for referring an individual who becomes an Authorized User of your Wingocard account, or for referring an individual that opens a Wingocard account of which you are or become an Authorized User. If we, in our sole discretion, determine that you have engaged in abuse, misuse, or fraud in connection with earning rewards or that you attempt to do so, we may take any action, including: (i) take away any rewards in your Wingocard account; (ii) temporarily suspend your ability to earn rewards or receive a credit to your Wingocard account for rewards previously earned; (iii) terminate your participation in the Rewards Program; and/or (v) cancel your online account and/or Wingocard account. We may add to, terminate, and/or change the Referral Program at any time with or without notice to you. For example, we can change the amount of the reward you can earn for referrals, impose caps and/or fees on earning and/or using rewards, place restrictions on or terminate your ability to earn or redeem rewards, terminate your membership in the Referral Program, or terminate all or parts of the Referral Program. You acknowledge that in the event we make these changes, you may no longer be able to earn rewards. If you or we close one or more of your Wingocard Account(s) for any reason, we may immediately require you to forfeit all of your ability to earn rewards.
Clarification: Participation in the Waiting List Referral Program terminates once users complete their account creation. Wingocard is in the process of developing a user Referral Program that extends beyond the waiting list. We will share more about this as soon as we can.
11. Refund on debit and credit card loads
“All transactions that load money into your Wingocard account are final and are not subject to a refund or return, except upon account closure. Purchase transactions made with your Wingocard at another merchant are subject to the provisions of the Wingo Prepaid Visa Cardholder Agreement, which outlines Returns and Refunds for those transactions in paragraph 10.”
Wingo Technologies Inc. may terminate these Terms with you at any time, for any reason, and without advance notice. This means we can stop providing you with any Services, or impose new or additional limits without notifying you. However, we will always notify you when the law requires us to update you regarding any changes.
14. Limitation of liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to the total amount loaded onto the card. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
17. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New York, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New York, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
18. Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Mobile Application and Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application and Services after any such changes shall constitute your consent to such changes.
19. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
20. Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form This document was last updated on February 11, 2021