BUFI Card Authorized User Terms
These BUFI Card Authorized User Terms ("Authorized User Terms") are between you ("you" or "your"), BUFI ("BUFI", "we" or "us"), and Issuer (defined below) and governs your access to and use of the BUFI Card and Card Services. These Authorized User Terms are incorporated by reference into the Card Terms and BUFI Terms of Service. The BUFI Card ("BUFI Card") is a business card issued to the Company under the Card Terms. The BUFI Card is issued by Third National ("Issuer"). You understand that you have access to the Card Services only to the extent authorized, and for the sole benefit of, the Company. You understand that the BUFI Card is not for personal use and that BUFI does not directly provide the Card Services to you.
Table of Contents
1. Important Disclosures
Rates, fees, and other important information related to your BUFI Spend Card are disclosed below and form part of these Card Terms.
Interest Rates: APR for Purchases: 0%. Your BUFI Spend Card is currently Zero 0% interest on all purchases. Issuer and BUFI reserve the right to implement interest in the future, for new purchases. BUFI will disclose any changes to this agreement prior to the introduction of interest and other charges associated with your BUFI Card.
Fees: Foreign Exchange Fee (non USD): up to 3%. Cross Border Fee: up to 3%. Penalty Fees: Late payment: Up to $40. Returned payment: Up to $29. Liquidation penalty: Up to $35.
2. Background
WHEN YOU APPLY FOR A CARD ACCOUNT, ACTIVATE A CARD, OR OTHERWISE PARTICIPATE IN THE PROGRAM IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE ISSUING TERMS. You understand that Company is responsible for your compliance with the BUFI Card Terms and that both you and Company are responsible for your compliance with this User Agreement. You acknowledge that the Company is a beneficiary of this User Agreement.
3. Eligibility
By using the BUFI Card and Card Services you represent and warrant in your individual capacity that: You are not a person who is blocked or sanctioned by the United States Government, including those identified by the United States Office of Foreign Asset Controls (OFAC); You are an employee, contractor, or agent affiliated with and authorized to use the BUFI Card and Card Services on Company's behalf; You will use the BUFI Card and BUFI Services exclusively for purposes permitted by the BUFI Card Terms, BUFI Terms of Service and the BUFI Privacy Policy; All information you provide to us, either directly or through a Company Administrator, is and will be true, correct, and complete; You will not use the Card for personal, family, or household use.
4. Access to the BUFI Card and Card Services
You may access the BUFI Card and Card Services only to the extent and only as long as you are authorized to do so by the Company and us. We or the Company may limit or terminate your access to any of the foregoing at any time, without notice.
5. Use of the BUFI Card and Card Services
You acknowledge and agree that you have read and understood the BUFI Prohibitions available at https://desk.bu.finance/faq/prohibited-countries and that you will at all times comply with the BUFI Prohibitions at all times when using the BUFI Card and Card Services. You acknowledge and agree that you will not use the BUFI Card and Card Services: (1) for any expense which is not a business expense incurred by you related to or for the benefit of the Company; (2) for any purpose prohibited by the BUFI Terms of Service or the Card Terms; (3) for, with, or for the benefit of any individual or entity who is blocked or sanctioned by the United States, including those identified by OFAC; or (4) for personal, family, or household use.
6. Security and Safeguards
You will use all reasonable means to protect your BUFI Card and log-in credentials to the BUFI Account from unauthorized use. You will not allow any other person or third party to use the BUFI Card and Card Services. You will immediately notify BUFI at hello@bu.finance if you know or suspect that access to your BUFI Account has been compromised or if your BUFI Card has been lost, stolen, or compromised in any way.
7. Commercial Use Only
Company's BUFI Card Account is commercial in nature, and you acknowledge and understand that certain consumer protection laws (including the Electronic Funds Transfer Act or Regulation E) and consumer-specific rules (including NACHA rules specific to consumers) do not apply to transactions on Company's BUFI Card Account or your use of the Card Services.
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8. Suspension and Termination
BUFI may suspend or terminate your access to Company's BUFI Account or the Card Services at any time and for any reason, in our sole and absolute discretion, without prior notice, including if directed by Company, Company Administrator or Issuer. In the event that the BUFI Card Terms and/or Terms of Service with Company is terminated, these Authorized User Terms will immediately terminate.
9. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE BUFI AGREEMENT, THE CARD TERMS, OR THESE AUTHORIZED USER TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISSUER, BUFI AND ALL OF ITS AFFILIATES' LIABILITY, TAKEN TOGETHER IN THE AGGREGATE, ARISING OUT OF OR RELATED TO THESE AUTHORIZED USER TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL REMAIN SUBJECT TO THE LIMITATION OF LIABILITY SECTION OF THE BUFI TERMS OF SERVICE.
10. Dispute Resolution
You acknowledge and agree to the Dispute Resolution Provisions (Sections 18 and 19) of the Card Terms. These provisions may require you to arbitrate any disputes with Issuer and/or BUFI arising out of or relating to these Authorized User Terms in an individual arbitration and not a class arbitration.
11. Governing Law
These Authorized User Terms will be interpreted in accordance with the laws of Puerto Rico without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration section above must be brought in state or federal court in Puerto Rico.
12. Communications
BUFI has an established business relationship with the Company. You will receive notices to the email and mobile numbers provided to BUFI by you or Company. These notices may include push notifications, and text or SMS messages providing information or alerts about Card Services, the Card, or transactions.
13. Governing Law
These Authorized User Terms will be interpreted in accordance with the laws of Puerto Rico without regard to conflict-of-law provisions.
14. Dispute Resolution
You acknowledge and agree to the Dispute Resolution Provisions of the Card Terms. These provisions may require you to arbitrate any disputes with Issuer and/or BUFI arising out of or relating to these Authorized User Terms in an individual arbitration and not a class arbitration. It also includes a waiver of any right to trial by jury or judicial proceedings, including class actions and class proceedings.
15. Amendments
BUFI reserves the right to amend these Authorized User Terms or impose additional obligations or restrictions on you at any time. We will use commercially reasonable efforts to notify you in advance of any changes that impose material obligations on you.