This Agreement (as may be amended from time to time) explains the terms and conditions which apply to you when you sign up and to use the Lynk application. By accessing the Lynk application, registering an Account, using any Service or taking action to indicate your acceptance of these terms, you:(1) agree to be bound by this Agreement and any future changes to this Agreement which will be reflected on the website for the Provider or in the Lynk application; (2) represent that you are at least 18 years old; and (3)represent that you have the authority to enter into this Agreement (whether or not on your own behalf or on behalf of any other individual or person). You should not use the Lynk application or the Service if you do not agree to be bound by the terms of this Agreement.
This Agreement takes effect immediately upon your signing up for the Lynk application.
Account means your Jam-Dex Account and/or your Lynk Account as the context requires.
Jam-Dex means the central bank digital currency, the digital legal tender in Jamaica, whatsoever named.
Jam-Dex Account means the virtual transactional account which is an electronic stored value account created for use in transactions involving Jam-Dex, which is primarily accessed via a mobile phone.
Lynk Account means the virtual transactional account which is an electronic stored value account created for use by registered users of the Lynk application involving traditional legal tender, which is primarily accessed via a mobile phone.
Lynk application means the mobile wallet service offered by the Provider which facilitates the supply and use of the Service.
Lynk application user means the user of the Lynk application and the Service.
Provider means TBOB (2021) Limited or any other company or companies that provide the Service.
Service means the financial services using mobile technology and includes money transfers to or from Third Parties, bill payments, credit and debit to and from bank accounts, other mobile wallets and between your Lynk Account and your Jam-Dex Account, storing virtual representations of third party credit and debit cards on your supported wireless mobile device to make contactless payments at select merchants utilising the merchant’s contactless terminal or in-app or other digital commerce payments at participating merchants and means any and all services and features provided by the Provider from time to time accessed by or facilitated through the Lynk application.
Sign up information means the information about the Lynk application user that you enter when signing up on the Lynk application.
Third Party means any party who accesses or has the benefit of the Service, including registered users, merchants and bill payees.
you, yours, we refer to the person who has signed up for the Lynk application and will be bound by the provisions of this Agreement.
When you sign up for the Lynk application, you agree to provide only true, accurate, current and complete Sign up information and to update the information after any change. You also agree to the sign-up conditions set out in Schedule 1.
Each Lynk application user, upon completion of registration and in continuing to use the Lynk application, agrees to be registered for one Lynk account and one Jam-Dex account. You can, at any time, ask to have the Jam-Dex account removed by contacting Customer Care.
While the Provider will make every reasonable attempt to provide the Service in accordance with its marketing and educational materials, you acknowledge that the Service is being made available to you “as is” and without any warranties.
No Service performed on your Account can be cancelled or reversed.
You should not perform any Service which would result in your exceeding the per transaction or daily limits set by the Provider from time to time. The Provider reserves the right not to process any transactions which would result in your exceeding any applicable limits. The Provider may vary the limits from time to time without notice to you.
The Provider has the right at any time for any reason to remove any username that you may create in the Lynk application. You acknowledge and agree that you have no rights to the Account other than a non-exclusive licence to use the Lynk application for purposes related to the Service, and acknowledge that the licence ends when this Agreement terminates.
The provisions of this Agreement shall not affect the provisions of any agreement between the Lynk application user and any third party which governs the use of any debit or credit cards linked to the Account. Your use of the Lynk application and the Service is also governed by any terms of use that apply to applications that are downloaded from the Apple Store or Google Play.
1. These terms and conditions (as they may be amended from time to time) (also called this “Agreement”) govern your use of the LYNK Virtual Visa Card (the “LYNK Virtual Visa Card” or “Card”) and constitute the Agreement regarding your use of the Card issued to you. The LYNK Virtual Visa Card is a VISA card offered by TFOB (2021) Limited (“TFOB”) and operated by National Commercial Bank Jamaica Limited (“NCBJ”) which is stored in your Lynk Account and is connected to your Lynk Account balance.
Definitions:
2. Interpretation:
- The words “you” and “your” refer to each and all persons who use the Lynk Application operated by NCBJ, request and are approved for issuance of a LYNK Virtual Visa Card and meet the required criteria set from time to time for use of a LYNK Virtual Visa Card.
-“LYNK Account” means the digital transactional account which is an electronic stored value account created for use by registered users of the Lynk application involving traditional legal tender, which is primarily accessed via a mobile phone.
- “LYNK Application” means the mobile wallet service offered by TFOB and operated by NCBJ which facilitates the provision of financial services using mobile technology and includes money transfers to or from Third Parties, bill payments, credit and debit to and from bank accounts, other mobile wallets and between your Lynk Account and your Jam-Dex Account as defined under the LYNK Application Terms of Service, storing virtual representations of third party credit and debit cards on your supported wireless mobile device to make contactless payments at select merchants utilizing the merchant’s contactless terminal or in-app or other digital commerce payments at participating merchants and means any and all services and features provided by the Provider from time to time accessed by or facilitated through the Lynk application.
- “LYNK Balance” means the total electronic value stored on your LYNK Account from time to time.
- “We”, “Us” and “Our” refer to National Commercial Bank Jamaica Limited (“NCBJ”) acting as the manager and operator of the LYNK Application owned by TFOB, and NCBJ’s successors, assigns, agents, and representatives.
- Capitalized terms shall have the same meanings as under the LYNK Application Terms of Use unless otherwise specified.
3. BEFORE USING THE LYNK VIRTUAL VISA CARD, PLEASE READ THIS AGREEMENT. YOU ACCEPT THESE TERMS AND CONDITIONS BY REQUESTING, ACCESSING, ACTIVATING AND/OR USING THE LYNK VIRTUAL VISA CARD.
4. These Terms and Conditions are in addition to and incorporate the following other agreement:
a. The LYNK Application Terms of Use available at www.lynk.us/terms-of-service .
If there is a conflict between this Agreement and other policies or terms, solely as they apply to the LYNK Virtual Visa Card, then this Agreement governs. The terms of this Agreement are not intended to modify any disclosures or other terms that are required by law. Please visit www.jncb.com/privacy for information about how NCBJ collects, uses, and discloses personal information in connection with the LYNK Virtual Visa Card. By accepting this Agreement you confirm that you have also read and agree to be bound by any other agreements that may be referred to in this Clause above.
5. Eligibility for a LYNK Virtual Visa Card. To qualify for a LYNK Virtual Visa Card you must be at least eighteen (18) years old, have an active Tier 2 LYNK Account with the minimum balance set by NCBJ from time to time. By requesting a Card you represent and confirm that you are of the required age for eligibility and that you agree to be bound by this Agreement.
How the Card Works. You may be required to pay a Card enrollment fee upon approval of your request and issuance to you of a LYNK Virtual Visa Card as well as for any replacement up to a maximum of five (5) LYNK Virtual Visa Cards or such other number as we may determine from time to time. Once issued, you may use your LYNK Virtual Visa Card to complete online ecommerce transactions or via contactless payments at a physical merchant. The LYNK Application processes your request for a LYNK Virtual Visa Card by creating a unique card number/s for your LYNK Account along with an expiration date and Card Verification Value (“CVV”). These unique numbers are referred to as “Virtual Cards” or “Virtual Card Numbers” which allow you to make payments without the need for using a physical card.
6. How the Card Works. You may be required to pay a Card enrollment fee upon approval of your request and issuance to you of a LYNK Virtual Visa Card as well as for any replacement up to a maximum of five (5) LYNK Virtual Visa Cards or such other number as we may determine from time to time. Once issued, you may use your LYNK Virtual Visa Card to complete online ecommerce transactions or via contactless payments at a physical merchant. The LYNK Application processes your request for a LYNK Virtual Visa Card by creating a unique card number/s for your LYNK Account along with an expiration date and Card Verification Value (“CVV”). These unique numbers are referred to as “Virtual Cards” or “Virtual Card Numbers” which allow you to make payments without the need for using a physical card.
7. Using your LYNK Virtual Visa Card. Your LYNK Virtual Visa Card can be used to make purchases and initiate other transactions and activities under the terms of your LYNK Account including the following:
a. to make payments with ecommerce merchants by adding or connecting your card to them online;
b. to tap and pay at merchants that accommodate contactless payments;
c. to request a refund, that should be processed and updated in your Lynk Account;
d. to receive credit transactions deposited to your Lynk Virtual Visa card via VISA Direct; and
e. to withdraw cash at ATMs that support International card access and Near Field Communication (“NFC”) technology.
8. Click to Pay Capability. Your LYNK Virtual Visa Card is equipped with the Click to Pay feature provided by VISA which offers a seamless checkout experience when conducting your electronic transactions without the need for manual card number entry. This feature is integrated into the online pages of participating merchants to improve checkout user experience and reduce checkout time. Upon registration, your LYNK Virtual Visa Card will be enrolled into the Click to Pay service and your Click to Pay profile will be created using your name, LYNK Virtual Visa Card billing and mailing address, email address and telephone number (collectively referred to as your “Click to Pay Profile Data”). Click to Pay uses the latest Visa Cloud Token technology to secure credentials, improving security, conversion and reducing cart abandonment.
You will be able to make online payments by clicking on the “Click To Pay” logo at checkout, entering your email address or telephone number, undergoing cardholder verification, selecting your card and authorizing the transaction.
You may opt out of the Click to Pay feature at any time by selecting - Cards from the LYNK Application homescreen and then settings on the Card details screen. You may then select “Manage Card Access” where you will be able to deactivate/remove your card from Click to Pay.
Kindly note the following:
THE CLICK TO PAY SOLUTION IS PROVIDED ON AN ‘AS IS’ BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THAT THE CLICK TO PAY SOLUTION IS VIRUS-FREE OR THAT ACCESS TO THE CLICK TO PAY SOLUTION WILL BE FREE FROM INTERRUPTIONS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF THE CLICK TO PAY SOLUTION AND THE RESULTS AND PERFORMANCE THEREOF. IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING NEGLIGENCE, SHALL TFOB AND ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, CUSTOMERS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY THE “TFOB PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES), HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING FROM OR IN CONNECTION WITH THE CLICK TO PAY SOLUTION AND/OR THESE TERMS, EVEN IF A TFOB PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
9. Fees and Charges. All fees, duties or charges arising in connection with the Card and/or these Terms and Conditions and/or the collection of monies due in relation to the Card are for your account. The applicable fees in relation to your Card may be viewed at any time by visiting our website at www.Lynk.us
10. Managing your LYNK Virtual Visa Card. You can manage your Lynk Virtual Visa Card by logging into the LYNK Application on your electronic device. You may set one-time transaction limits or temporarily block future transactions (“Block”) on your LYNK Virtual Visa Card. Blocking your LYNK Virtual Visa Card may not restrict some activities including returns, credits, payments, interest, dispute adjustments, other account fees, purchase transactions during system downtime, and certain other transactions.
You may also deactivate or cancel your Card at any time via the LYNK Application. We reserve the right to automatically cancel your Card where there’s a period of inactivity of 180 days or more. However, you will be notified every 30 days of inactivity of the possibility of automatic cancellation at 180 days or more. Once a card is cancelled all transactions will be blocked.
We may charge a fee for replacing or re-activating your LYNK Virtual Visa Card where it is blocked or cancelled.
We may offer additional LYNK Virtual Visa Card management options from time to time and will notify you of these changes.
11. Card Transaction History– You may view all transactions done using your Card as well as applicable fees charged to your Account at any time via the LYNK Application. It is your responsibility to review your Card transaction history to ensure that all transactions are correct. Transactions made using LYNK Virtual Visa Cards will be reflected on your transaction history just like any other transactions made using your LYNK Account.
12. Refunds and Void Transactions. A vendor or merchant with whom you have conducted a transaction may initiate a refund after the transaction has been settled and completed. The funds attributable to any successful refund request will be credited to your LYNK Account once they are received by us from VISA across the LYNK Application.
Vendors or merchants may also void transactions that have been authorized by you using your Card but not yet settled. A transaction can only be voided within the same business day on which it is initiated.
13. Security & Confidentiality of Access Information. You should protect your Lynk Virtual Visa Card like you would protect your physical card information. Do not share your LYNK Virtual Visa Card credentials. And don’t allow others to use your LYNK Virtual Visa Card. You should also protect any device used for accessing the LYNK Virtual Visa Card using a unique, secret password, PIN, or pattern or a biometric identifier to protect your device, such as fingerprint or facial recognition. You are responsible for keeping your LYNK Virtual Visa Card safe. You are also responsible for use of your LYNK Virtual Visa Card and any transactions done using your credentials. You agree to immediately block via the App or notify us of any unauthorized use of the LYNK Virtual Visa Card on your LYNK Account. You may be liable for unauthorized transactions if you fail to block and/or report a lost or stolen Card promptly
14. Transaction Costs. You acknowledge liability to pay all amounts inclusive of any charges related to transactions conducted using your LYNK Virtual Visa Card. We reserve the right to block further use of your Card at any time without prior notice to you and for any reason including where you fail to operate it in compliance with these terms and conditions.
15. LYNK Virtual Visa Card Restrictions. We may implement restrictions on the use of your LYNK Virtual Visa Card without prior notice to you. These may implement limits on the dollar amount or number of transactions over a specific time period. We also reserve the right to restrict your access to your Lynk Virtual Visa Card or some or all of the Card features without prior notice to you. We may decline to process a transaction using your Card or deactivate your Card for risk management purposes.
16. Amendments. We may change, suspend, or discontinue the LYNK Virtual Visa Card, or any of its features at any time. We will notify you of any such changes. We may amend any of this Agreement’s terms at our sole discretion by posting revised terms on our website at www.Lynk.us . When you use the LYNK Virtual Visa Card after the effective date of the revised Agreement, you accept the revised terms.
17. Notices. We may provide you with notices related to the LYNK Virtual Visa Card by email, text message/SMS, regular mail, or postings on the websites or apps related to the LYNK Application. Your use of the LYNK Virtual Visa Card is subject to your consent to such electronic notification which you hereby give.
18. Termination. We reserve the right to terminate this Agreement with immediate effect in the event of any Material Adverse Condition as defined below. In such cases, we may immediately stop your access to the LYNK Virtual Visa Card. You may also end this Agreement by notifying us that you are cancelling your account and by repaying any overlimit amounts in full or in such manner as we may advise. Whether we end the Agreement or you end the Agreement it will not affect your obligation to pay all amounts owing on the Account. Material Adverse Conditions shall include any one or more of the following:
19. Indemnification. You agree that you are personally responsible for your conduct while using the LYNK Virtual Visa Card. You agree to indemnify, defend, and hold harmless TFOB, NCBJ and our respective owners, affiliates, directors, officers, employees and agents from claims, losses, expenses, liability, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, caused by or arising out of your use, misuse, or inability to use the LYNK Virtual Visa Card. This includes any violation by you of these terms. This provision will survive the expiration or termination of this Agreement.
By providing an email address and telephone number, you authorize NCBJ to contact you by these means. This includes sending your confidential information to you at your request.
NCBJ may, in its absolute discretion, decline to act on or in accordance with the whole or any part of electronic mail or telephone instructions pending further enquiry to or further communication by you, so however that NCBJ shall not be under any obligation to so decline in any case and NCBJ shall in no event or circumstances be liable in any respect for not so declining;
You agree to release NCBJ from and indemnify NCBJ against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to, NCBJ having acted in accordance with the whole or any part of any electronic mail or facsimile instructions or having exercised (or failed to exercise) the discretion conferred upon NCBJ in this clause
20. Updating of your information. You agree to notify us promptly and, in any event, within fourteen (14) days of any change to any information provided by you to us including but not limited to any changes to Click to Pay Profile Data.
21. Sharing your information. In order to assist us and our local and overseas affiliates in providing you with accurate and up to date services via the LYNK Virtual Visa Card, you agree to the sharing of your personal information with them for the purpose of operating your Card and processing transactions and other activities initiated via the Card and for providing you with information about rewards, benefits or other financial services provided by them. You also agree that we may share information regarding you and your Accounts with a third party from time to time at our discretion in order to facilitate any services, transactions, rewards or benefits. You may withdraw your consent to the sharing of such information at any time by notifying NCBJ. Once your consent has been withdrawn, any changes to your LYNK Account information must be communicated to participating merchants by you directly and TFOB and NCBJ reserve the right to cancel your Card where it considers it necessary to do so in the absence of the ability to share your information.
22. Data Privacy. Your privacy is important to us. Our Privacy Notice, which can be located and viewed at jncb.com, sets out the types of personal data we collect from you and your devices (“Data”), where we obtain Data and how we use your Data. Where the law requires that processing takes place upon receiving your consent, to the extent permitted by law, by agreeing to or accepting these Terms and Conditions and continuing to access products and services from TFOB and NCBJ, you consent to collection, use and disclosure of your Data as described in the Privacy Notice. In some cases, as set out in our Privacy Notice, a separate notice requesting specific consent may be sent to you.
23. Special Offers. We may extend special offers to you in connection with the activation or use of your LYNK Virtual Visa Card from time to time. The terms applicable to any such offers which we communicate to you will supersede the provisions of this Agreement or any other terms and conditions applicable to this Card, only to the extent that the offer is inconsistent with this Agreement and/ or terms and conditions, while the special offer remains available.
24. Dispute Resolution. You may report a disputed transaction at anytime by following the following steps:
Our standard response time is 60 days, comprised of 30 days for our internal investigation and 30 days for the merchant to respond.
25. Governing Law; Jurisdiction; Venue. Jamaican law governs this Agreement without regard to its conflicts of law principles. You irrevocably and unconditionally submit to the jurisdiction and venue of Jamaica in relation to any proceedings arising from this Agreement or your use of the LYNK Virtual Visa Card.
26. Severability. If any part of this Agreement is void or unenforceable, all remaining terms shall remain valid and enforceable.
27. Non-Waiver. We shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or failure on our part to exercise any right or remedy shall be a waiver of that or any other right or remedy. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies in the future.
From time to time, the Provider may need to change or upgrade the Lynk application, which may have the effect of changing the system requirements for Lynk users. By accepting the terms of this Agreement, you agree to the automatic updating but acknowledge that you are not entitled to receive future updates, new versions or enhancements to the Service.
All title, ownership and intellectual property rights in the Lynk application, including the content, belong to the Provider and/or its licensors.
You agree not to use the Lynk Application and your Account for illegal or fraudulent purposes, or any other purposes which are not permitted under this license to use the Lynk application.
You consent to the Provider carrying out identity and fraud prevention checks and sharing information relating to this application with any fraud prevention, law enforcement or security agency.
Privacy issues, including the security and confidentiality of personal information disclosed on or through the Lynk application, are taken very seriously by the Provider and will be kept confidential subject to any requirement under law to disclose the information or where required for the purpose of maintaining your Account or execute promotional activities. You further acknowledge and agree that your information may be shared with other companies in the NCB Financial Group (including for marketing purposes) as well as with third parties engaged by or on behalf of the Provider where such disclosure is necessary or desirable in order to provide or continue to offer the Service to You or to conduct its business.
You agree to monitor your Account and you will be held responsible for all transactions that take place on your Account.
You are responsible for keeping your mobile device, your PIN and the application credentials private and secure from unauthorised use. If you share your credentials with any other person, they may be able to use your mobile device and get access to your Lynk account. The Provider is not responsible for the use of your PIN, password or any security mechanism which has been implemented by the Provider and, unless it results from the Provider’s negligence or fault, the Provider will not be responsible for any transaction which is performed using your username and/or pin, password or other security mechanism. You should contact the Provider immediately via 1-876-361-3821 or the channels listed on our website https://www.lynk.us if you believe your wireless mobile device or authentication credentials have been lost, stolen or compromised in any way or an unauthorised person has used or may use your credentials without your authorisation.
You consent to receiving communication from the Provider in an electronic form and agree that all terms and conditions, notices, disclosures and other communications that the Provider sends to you electronically will have the same legal effect as if they were sent in writing.
Notices to you shall be sent to you via SMS, In-App Push Notification and or email.
You understand and agree that your use of the Lynk application and the Service is at your own risk and they are provided on a “as is” and “as available” basis with all faults. To the fullest extent permitted by law, the Provider disclaims all warranties, representations and conditions of any kind, whether express or implied. The Provider makes no warranty that your use of the Lynk application will be uninterrupted, timely, secure or error free.
In no event shall the Provider be liable for any loss of profits or revenue, or any indirect, incidental, exemplary, special or consequential damages or loss that you may suffer from using the Lynk application. In addition, the Provider is not responsible for any loss that you may suffer as a result of any failure, malfunction, or delay in any third party equipment, mobile phone network, mobile phones, the internet or terminals or any of its supporting or shared networks or any errors you make in performing a transaction while using the Service.
You acknowledge and agree that this Agreement will be regarded as having been entered into in Jamaica and any breach of this Agreement will be considered as having taken place in Jamaica.
The Provider may assign its rights under this Agreement to any person without your consent.
This Agreement is governed by the laws of Jamaica and is subject to the exclusive jurisdiction of the courts of Jamaica.
The Provider shall have the right to close your Account for any reason at any time including for the purpose of or to facilitate complying with any applicable law or regulation.
If you have any questions, disputes, or complaints about the use of the Lynk application or your Account, please visit the Provider’s website or contact Customer Care.
In order to sign up to use the Services, you must:
