Making a Deposit
To deposit money (US legal tender only) (each a "Deposit") into Clip, you must first find a Clip deposit location (a "Clip Location") who offers the Clip service. It is your responsibility to confirm that the Deposit amount matches the cash amount that you entered in the Clip App ("Declared Value") and to indicate the serial number of the Deposit bag ("Deposit Bag") for your Deposit. You may only access, open, and interact with the deposit equipment at Clip Locations for the purposes of making a Deposit at the Clip Location in accordance with these Terms, including all Deposit Instructions (as defined below). The aggregate daily Deposits you make shall not exceed your daily deposit credit limit (the "Daily Deposit Limit"), as set out in Schedule A attached hereto. You may not deposit more than $5.00 in coins in any Deposit.
You acknowledge and agree with respect to your use of Clip and all Deposits that: (i) you have completed registration for Clip (including providing information as required for pre-authorized debits pursuant to Section 14 of these Terms) (ii) Clip Money or our Service Providers may charge (or credit) your Bank Account pursuant to these Terms for any difference between the Declared Amount and the actual amount of the Deposit in the Deposit Bag once processed and counted by our Service Provider, (iii) you will follow all instructions provided by Clip Money with respect to making a Deposit at the applicable Clip Location, including the instructions set out at the Clip documentation available at ("Deposit Instructions"); and, (iv) you will not conceal or misrepresent the value of a Deposit, or any material fact or circumstance concerning a Deposit.
You must use a Deposit Bag when making a Deposit at a Clip Location. You agree: (i) you will only place a Deposit into a Deposit Bag and only place Deposit Bags into the equipment at a Clip Location; and, (ii) you will place the Deposit Bag in the equipment promptly after creating a Deposit in the Clip App. You will not conceal or misrepresent the Declared Value of the Deposit.
You agree that, on depositing a Deposit into the equipment at a Clip Location, the Deposit becomes the property of Clip Money / Service Provider / Lender and you assign your rights to the Deposit on depositing it into the equipment at a Clip Location. You agree that, once deposited at the Clip Location, you have no ownership rights or possessory rights to the Deposit and that Clip or Lender may advance funds against the property in the Deposit. You represent that: (i) the Deposit and assignment of your rights in the Deposit shall be free and clear of all liens, security interests, claims and any other type of encumbrances; and, (ii) that you are not a party to an agreement or arrangement, and shall not enter into any such agreement or arrangement, that would (A) restrict Clip Money or its third party services providers from taking the Deposit and using the Deposit in connection with providing you with Clip or the enforcement of any of our or their rights; or (B) cause any such Deposit to be subject in any manner to any lien, security interest, attachment or other process in favor of any your creditors or any other third party.
You acknowledge that we and our Service Providers may assign to the Lender (including as collateral): (i) our rights under these Terms; or, (ii) our or their rights to the Deposits, and that Lender may subsequently assign any such rights to any third party. We may, and Lender may, confirm with you the value of the Deposit and the outstanding amounts owed by you to Clip or Lender.
Your failure to submit an accurate Declared Value shall forfeit any claim for any loss with respect to the Deposit. Clip Money and its Service Providers will not be liable for any Deposit placed into the equipment at a Clip Location unless made using a Deposit Bag and unless the Deposit is otherwise made in accordance with these Terms, including all Deposit Instructions.
If you deposit any item in the equipment at a Clip Location other than a Deposit of US legal tender in accordance with these Terms and all Deposit Instructions and you contact us to have it returned, we will use commercially reasonable efforts to locate the item and return it to you. Upon the return of such item under this Section 2(g), Clip Money forfeits any ownership claim to such item, provided that you reimburse us for our reasonable costs and all third party costs and fees (including Service Provider charges) in connection with returning such item to you.
Except where you can prove and definitively establish the placement of a Deposit into the equipment at a Clip Location in accordance with these Terms and the actual value of the Deposit, Clip Money’s or its service provider’s count of the Deposit collected from the Clip Location at the time the Deposit is removed, and any subsequent count of the Deposit, will be binding and conclusive on you. Clip Money and its Service Providers will not be liable for any shortage of a Deposit unless: (i) the Deposit Bag does not show external evidence of tampering at the time of removal of the Deposit Bag from the equipment at the Clip Location for transportation; and (ii) the Deposit Bag shows external evidence of tampering at the time of processing of the Deposit Bag at the process location where Deposit Bags are processed after removal from the equipment at the Clip Location.
We will not be liable for any loss with respect to a Deposit (each a “Loss”) unless: (1) you advise us in writing of an issue in respect of such Loss, and request a Loss investigation, no more than fifteen (15) Business Days after Service Provider collects the Deposit at issue from the equipment at the applicable Clip Location; and (2) your claimed Loss in connection with the Deposit exceeds $100. You waive any claim in connection with a Deposit if you do not notify us of an issue within the foregoing timeline. We may charge you a reasonable fee (including our actual costs) for any investigation of an issue in connection with a Deposit. You will promptly and diligently assist Clip Money in the investigation of any Loss or suspected Loss, including, providing any records that you maintain to track your Deposit. Where you suspect a Loss in connection with a Deposit, you agree to reasonably mitigate any loss or damages you could suffer in connection with your suspected Loss. For the purposes of this paragraph, the term "Business Day" shall mean a day other than a Saturday, Sunday or bank or other public holiday in the United States.
For avoidance of doubt, any loss will be the lesser of: (i) the Declared Value(s) of the Deposit at issue subject to the Loss as evidenced by a transaction report submitted by Clip to Brink’s from time to time and confirmed by our Service Provider as being placed in the equipment at the applicable Clip Location; (ii) your Daily Deposit Limit, and (iii) the actual value of the Deposit at issue, as verified by the Service Provider.
The Deposit to Your Bank Account
After your Deposit is deposited in the equipment at a Clip Location in accordance with these Terms (including any Instructions), we will attempt to deposit the cash amount of the Deposit (less applicable fees) to your Bank Account. Clip or its Service Providers will use the National Automated Clearing House Association (“NACHA”) ACH electronic funds transfer. By using NACHA, you acknowledge that you agree to NACHA’s additional legal terms that may be presented to you via Clip or its Service Providers. Additional fees and taxes may also apply. Service Provider transfer services may pre-populate (based on the banking details provided by you) or require you to re-enter your Bank Account information on their online forms. If you do not enter your Bank Account information correctly, we may not be able to make the deposit or the deposit may be made to the wrong account. By acceptance of these terms you acknowledge that we will comply with NACHA standards regarding recovery and reconciliation of funds and you authorize us to debit or credit your account according to NACHA standards.
We do not guarantee or make any representations or covenants on how quickly funds will be deposited to your Bank Account. You acknowledge that Clip Money’s sole obligations in respect of your Deposits is to initiate issuance of credit via ACH to your Bank Account in the amount of the Declared Value of the Deposit, less any variances between Declared Value of the Deposit and the actual value of the Deposit. We may debit any variance resulting from shortages in the Deposit and counterfeit Deposits (“Negative Variance”) from your Bank Account. If we determine that the amount of the Deposit exceeds the Declared Value of the Deposit, we will initiate a credit to your Bank Account in the amount of the positive variance. WE AND OUR SERVICE PROVIDERS HAVE NO LIABILITY TO YOU IF A DEPOSIT IS DELAYED, IF YOUR BANK OR ANY OTHER BANK OR FINANCIAL INSTITUTION REFUSES TO ISSUE A CREDIT TO YOUR BANK ACCOUNT, IF WE ARE UNABLE TO MAKE THE DEPOSIT TO YOUR BANK ACCOUNT, IF WE MAKE THE DEPOSIT TO THE WRONG BANK ACCOUNT BECAUSE YOU ENTERED INCORRECT BANK ACCOUNT INFORMATION, OR FOR ANY ACT OR OMISSION OF YOUR BANK OR ANY OTHER BANK OR FINANCIAL INSTITUTION. WE AND OUR SERVICE PROVIDERS HAVE NO LIABILITY TO YOU FOR ANY ACT OR OMISSION OF YOUR BANK OR ANY OTHER BANK OR FINANCIAL INSTITUTION. BY USING CLIP YOU UNDERSTAND THAT YOU BEAR THE SOLE RISK FOR ANY LOSSES CAUSED BY INFORMATION INCORRECTLY PROVIDED BY YOU TO US.
Problems with a Deposit
If we have any problems making a deposit to your Bank Account, we will attempt to contact you and attempt to resolve the issue. It is your responsibility to keep your contact information current. For example, we might not be able to make a deposit if your Bank Account has been closed. We may charge additional service fees to resolve these issues.
If the problems cannot be resolved, we will use other means to pay you the amount to which you are entitled. We will determine the means of payment, in our sole discretion, and we may charge additional service fees for the payment.
If we are unable to make a deposit to your Bank Account, we have no liability or obligation to you, other than our obligation to repay your deposit (less applicable fees and expenses).