Terms & Conditions

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GiftCards.com™ Visa® Gift Card Terms and Conditions

These are your Gift Card Terms and Conditions. Please read them carefully and keep them for your records. Please sign your card immediately. In these Terms and Conditions, "Gift Card" and "Card" means the Visa Gift Cards issued by First Gulf Bank, referred to as "Bank". "You" and "Your" means the person who has received the Gift Card. "We", "Us" and "Our" means "Bank", our successors, affiliates or assigns. By accepting and using your Gift Card, you are agreeing to these Terms and Conditions. The Gift Card is not a credit card it is a prepaid debit gift card. Cardholder can obtain additional information about the Gift Card at www.giftcards.com.

Your Gift Card: The Gift Card is offered to individuals over the age of 18 that lawfully enter into and form contracts under applicable law, and by using the Gift Card you represent and warrant to us that you are such an individual. We, in our sole discretion may refuse to issue a Gift Card for any reason. The amount of funds shown on the records of the Bank shall be deemed the balance on the Gift Card, unless you can prove to us otherwise to our satisfaction in our sole discretion.

Card Access: The Gift Card is a prepaid card that can be used at retail establishments that accept Visa Debit Cards and can process Visa point-of-sale transactions. If applicable with your purchase, the Gift Card may also be used with a personal identification number, issued to you when your card is activated, at Interlink® and CIRRUS ATM locations.

Card Limitations: You must have sufficient, available funds to pay for all Gift Card transactions at merchants. If the purchase amount is greater than the available funds, the difference may be paid for with cash, check or credit or debit card, subject to the policy of the merchant. If the merchant attempts to process the Gift Card for more than the available funds, the transaction will be declined. You may confirm your available balance or transactions 24 hours a day, seven days a week at www.giftcards.com or by calling us toll free at 1-877-944-3822. You may only use your card in the manner and for the purposes described in these Terms and Conditions. Certain types of merchants, such as restaurants, gas stations, car rental agencies, cruise lines, hotels and other merchants may obtain an authorization that exceeds the actual amount of your purchase. If the amount of an authorization exceeds the value remaining on your Card, the transactions may not be honored, even though the value remaining on your Card is sufficient to cover the actual amount of your purchase. The secured authorized amount may be held and unavailable for up to three business days. However, only the amount the cardholder authorizes will be deducted from the card balance. Your Card may not be used for illegal transactions or for any type of pre-authorized transaction such as recurring monthly payments, dues or fees.

Foreign Transactions: If you obtain your funds (or make a purchase) in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by Visa U.S.A. Inc. into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa U.S.A. Inc. itself receives, or the government-mandated rate in effect for the applicable central processing date.

Service Charges: Your Gift Card expires on the date printed on the front of the Gift Card. There is an administrative fee of $2.50 per month, which is waived for the first 6 months. Beginning on the seventh month after the card issue date, the administrative fee will automatically be deducted from the card balance on the first day of each month until the balance reaches $0. For a reissuance/replacement on lost or stolen Gift Cards with a total remaining value over $25, a $5 fee is assessed. If the Gift Card has a total remaining value less than $25, a refund is given and a $7 fee is assessed. A fee of $0.35 is charged for each Visa purchase at a merchant. All fees are automatically deducted from your Card balance when they occur or on the first day of the month. If your Card balance is zero or becomes zero the Card will be terminated. If you have purchased a Giftcards.com Visa Gift card that has ATM features, the fees are as follows: A $3.25 fee is charged for each domestic ATM withdrawal, $5.00 fee is charged for each international ATM withdrawal, $3.25 for all cash advance, $1.00 for an ATM Balance inquiry, and $.50 for each PIN based purchase using the Interlink and Cirrus network. A fee of $0.35 is charged for each Visa purchase at a merchant, a $0.50 fee for each PIN change request. Maximum ATM withdrawal is $150.00 per day.

Shipping and Handling: At the time of purchase, you acknowledge and agree that First Class shipping by USPS is not guaranteed and that the First Class shipping fees are non-refundable.

Important things you need to know about your Gift Card:

Your signature is required for all in-person purchases. You can also make Internet or phone purchases with your card. *
You can access your balance and transaction history directly online at www.giftcards.com, or on your merchant receipt.
If you pay at the pump for gas, the card terminal in the "pay at the pump" stations automatically checks to see if your Gift Card has enough money left to pay for an average purchase of gas which varies among merchants and is at least $30. If your Gift Card does not have enough money to pay for this amount, your transaction will be declined. The average gas purchase amount changes just as retail gas prices change. If you plan to buy less than $30 worth of gas, it is recommended that you give your card to the station attendant and state exactly how much gas you want to purchase, instead of swiping your card at the pump. *
If you have purchased an ATM Visa card there is a PIN # needed, if you have NOT purchased an ATM Visa card then NO PIN # is required (If there is a CIRRUS or INTERLINK logo present on the back of the card then this is an ATM Visa card)
Restaurants, auto rental, cruise lines, hotels and others may authorize an amount of the anticipated charge to the card, which will result in a decline if the amount is greater than the value of the card. *
Monthly card fees are waived for the first six months. *
When making a purchase greater than the face value of the card, alert the cashier to use the following payment method; First: Utilize other form of payment to cover amount greater than what is available on Gift Card. Second: Cashier to use remaining balance of Gift Card as the second form of payment. *

Documentation of Transactions: At the time of purchase, you will receive a receipt for the transaction. Retain the receipt for your records. You will also have access to statements, transactions and your balance history, which is accessible on line only at www.giftcards.com/account/login.html.

Disclosure of Information to Third Parties: We will disclose information to third parties about your Card or a transaction that you make: where it is necessary for completing the transaction; in order to verify the existence and condition of your Card; in order to comply with government agency or court orders; in connection with examinations by banking authorities; for analytical purposes; if you give us written permission; and as otherwise permitted by law.

Disputes with Merchants: You agree to make a good faith effort to settle all disputes about purchases you make using your Card with the merchant who accepted the card.

Your Liability for Card Use: Tell us AT ONCE if you believe your Card has been lost or stolen. Telephoning is the best way of keeping your possible losses down. Call us toll free at 1-877-944-3822 or write to: GiftCards.com, PO Box 16527, Pittsburgh, PA. 15242 or visit www.giftcards.com. We reserve the right to require an affidavit and conduct an investigation into the validity of any request.

Disclaimer of Liability: In providing the Gift Card service to you, we disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. The issuer is not liable expressly for the following:

If through no fault of ours, cardholder does not have enough money on the Gift Card to cover the transaction; or
If the transaction would exceed the cardholder's available funds; or
If the terminal or system was not working properly; or
If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken; or
If there are other exceptions stated in these Terms and Conditions or provided by law.

Expiration: Your Card expires on the expiration date listed on the front of the Card, except where prohibited by law, or when the entire value has been exhausted, whichever comes first. After the Card has expired, it is no longer valid. All transactions will be declined. You may request a replacement card at any time after expiration. All fees continue to apply to cards on file that have expired.

Termination: The Card shall remain our property. We may, at any time and without prior notice, cancel your Card and have you return the Card to us. You may terminate your Card by returning the Card to us. Termination of the Card will not affect prior transactions or obligations existing at the time of termination. Upon termination, if the Gift Card amount is $25+ after applicable fees, a new card will be sent to you. If the amount is less than $25, a check will be issued for the remaining balance, less outstanding transactions and fees, within six to eight weeks.

Amendment: We may amend these Terms and Conditions by mailing or emailing notice to you at your last address on our records at least 21 days prior to the effective date of any amendment that results in an increased fee or charge, an increase in your liability, a reduction in Card services, or stricter transaction limitations.

Assignment: You may not transfer or assign your Card rights to any other person without our prior written consent. We may assign our obligations to you under these Terms and Conditions without your consent or notice to you.

Severability/No Waiver: If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms and Conditions.

Governing Law: These Terms and Conditions, the Gift Card and all transactions hereunder are subject to the laws of the State of Alabama, the laws of the United States and Visa rules and regulations.

Notice of Errors: If you think a receipt is wrong or you have a question concerning a Card transaction, call us toll free at 1-877-944-3822, or write to: GiftCards.com, PO Box 16527, Pittsburgh, PA. 15242 or visit www.giftcards.com as soon as you can. We must hear from you no later than 60 days after the transaction date and you must provide the following information: a) your name and Gift Card number; b) a description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information c) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

Arbitration: Any controversy or claim arising out of or relating to these Terms and Conditions or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Alabama, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from the court of competent jurisdiction in the State of Alabama necessary to protect the rights or property of you or us (or our agents suppliers, and subcontractors) pending the completion of the arbitration.

WAIVER OF JURY TRIAL: Each of the parties hereto expressly waives any right it may have to a trial by jury in any legal or court action commenced by any of the parties hereto to enforce, collect, defend, enjoin, or that otherwise relates to this agreement or any of the transactions herein described. Likewise, each party hereto waives any right to have a jury trial in any such legal or court action for any defense, claim of set-off, claim of recoupment, counterclaim or third party action asserted or raised in any such legal or court action. Any legal or court action relating to this agreement or the transactions herein described shall be tried exclusively to a court without a jury. Both parties of this agreement each specifically acknowledges that its execution of this waiver of jury trial is a material inducement for its entering into this agreement.

GiftCards.com VirtualGift Terms and Conditions

Please read this GiftCards.com VirtualGift Agreement carefully and print it for future reference. The GiftCards.com VirtualGift is a prepaid Visa® virtual gift account. Signifying your consent to these terms and conditions, using the GiftCards.com VirtualGift, or allowing someone else to use the GiftCards.com VirtualGift means that you accept this Agreement and you are responsible for all transactions. In this Agreement, the terms "we", "us", and "our" mean First Gulf Bank, referred to as "Bank". "You" or "Your" mean anyone who has opened the GiftCards.com VirtualGift or is authorized to use it. Keep a record of your GiftCards.com VirtualGift number. By accepting and using your GiftCards.com VirtualGift, you are agreeing to these Terms and Conditions. The GiftCards.com VirtualGift is not a credit card it is a prepaid debit VirtualGift used online or for telephone orders only. GiftCards.com VirtualGift holders can obtain additional information about the GiftCards.com VirtualGift at http://www.giftcards.com.

Your GiftCards.com VirtualGift: The GiftCards.com VirtualGift is offered to individuals over the age of 18 that lawfully enter into and form contracts under applicable law, and by using the GiftCards.com VirtualGift you represent and warrant to us that you are such an individual. We, in our sole discretion may refuse to issue a GiftCards.com VirtualGift for any reason. The amount of funds shown on the records of the Bank shall be deemed the balance on the GiftCards.com VirtualGift, unless you can prove to us otherwise to our satisfaction in our sole discretion.

VirtualGift Access: The GiftCards.com VirtualGift may be used when making purchases on the Internet and by telephone from any merchant that accepts Visa debit. The GiftCards.com VirtualGift may not be refunded or exchanged for cash, cash equivalents (such as money orders or travelers checks), or credit. At the time of each purchase using the GiftCards.com VirtualGift, the dollar amount of the purchase will be deducted from the balance of the VirtualGift. Some merchants may perform a "pre-authorization" to validate the VirtualGift before completing a purchase transaction. The amount of the pre-authorization will remain unavailable until a transaction in the same amount is posted to the VirtualGift or for 3 business days, whichever is sooner. As a result, pre-authorizations may cause the "available" balance of your VirtualGift to be lower than the actual balance. Your VirtualGift may not be used for illegal transactions or for any type of pre-authorized transaction such as recurring monthly payments, dues or fees.

VirtualGift Limitations: You must have sufficient, available funds to pay for all VirtualGift transactions, if the merchant attempts to process the VirtualGift for more than the available funds, the transaction will be declined. You may confirm your available balance or transactions 24 hours a day, seven days a week at www.giftcards.com or by calling us toll free at 1-877-944-3822. You may only use your VirtualGift in the manner and for the purposes described in these Terms and Conditions. The GiftCards.com VirtualGift can not be used at any online gambling websites.

Service Charges: Your VirtualGift expires 24 months from the date the VirtualGift was issued. There is an administrative fee of $2.50 per month, which is waived for the first 6 months. Beginning on the seventh month after the VirtualGift issue date, the administrative fee will automatically be deducted from the VirtualGift balance on the first day of each month until the balance reaches $0. For a reissuance/replacement on an expired VirtualGift, a $4 fee is assessed and another VirtualGift will be generated. The option to have a replacement plastic Gift Card is available which would incur the $4 fee for replacement as well as the appropriate charge depending on the value of remaining on the VirtualGift account. Please refer to our shipping fees for the most up to date card fees. A fee of $0.35 is charged for each Visa purchase at a merchant. All fees are automatically deducted from your VirtualGift balance when they occur or on the first day of the month. If your VirtualGift balance is zero or becomes zero the VirtualGift will be closed.

Documentation of Transactions: At the time of purchase, you will receive an email receipt for the transaction. Retain the receipt for your records. You will also have access to statements, transactions and your balance history, which is accessible in your account on line at www.giftcards.com/account/login.html.

Disclosure of Information to Third Parties: We will not disclose information to third parties about your VirtualGift or a transaction that you make unless: it is necessary for completing the transaction; in order to verify the existence and condition of your VirtualGift; in order to comply with government agency or court orders; in connection with examinations by banking authorities; for analytical purposes; and as otherwise permitted by law.

Disputes with Merchants: You agree to make a good faith effort to settle all disputes about purchases you make using your VirtualGift with the merchant who accepted the VirtualGift.

Your Liability for the VirtualGift: Tell us AT ONCE if you believe your VirtualGift number has been lost or stolen. Telephoning is the best way of keeping your possible losses down. Call us toll free at 1-877-944-3822 or write to: GiftCards.com, PO Box 16527, Pittsburgh, PA. 15242 or visit www.giftcards.com. We reserve the right to require an affidavit and conduct an investigation into the validity of any request.

Disclaimer of Liability: In providing the GiftCards.com VirtualGift service to you, we disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. The issuer is not liable expressly for the following:

If through no fault of ours, VirtualGift recipient does not have enough money on the VirtualGift to cover the transaction; or
If the transaction would exceed the recipients available funds; or
If the online/phone terminal or system was not working properly; or
If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken; or
If there are other exceptions stated in these Terms and Conditions or provided by law.

Expiration: Your VirtualGift expires 24 months from the date of, except where prohibited by law, or when the entire value has been exhausted, whichever comes first. After the VirtualGift has expired, it is no longer valid. All transactions will be declined. You may request a replacement VirtualGift at any time after expiration. All fees continue to apply to VirtualGift on file that has expired. Upon expiration, if requested in writing, the VirtualGift amount is $25+ after applicable fees, a new VirtualGift will be sent to you and if the amount is less than $25, a check will be issued for the remaining balance, less outstanding transactions and fees, within six to eight weeks.

Termination: The VirtualGift shall remain our property. We may, at any time and without prior notice, cancel your VirtualGift. You may terminate your VirtualGift by contacting us. Termination of the VirtualGift will not affect prior transactions or obligations existing at the time of termination.

Assignment: You may not transfer or assign your VirtualGift rights to any other person without our prior written consent. We may assign our obligations to you under these Terms and Conditions without your consent or notice to you.

Governing Law: These Terms and Conditions, the VirtualGift and all transactions hereunder are subject to the laws of the State of Alabama, the laws of the United States and Visa rules and regulations.

Notice of Errors: If you think a receipt is wrong or you have a question concerning a VirtualGift transaction, call us toll free at 1-877-944-3822, or write to: GiftCards.com, PO Box 16527, Pittsburgh, PA. 15242 or visit www.giftcards.com as soon as you can. We must hear from you no later than 60 days after the transaction date and you must provide the following information: a) your name and VirtualGift number; b) a description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information c) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.

If you obtain your funds (or make a purchase) in a currency other than the currency in which your VirtualGift was issued, the amount deducted from your funds will be converted by Visa U.S.A. Inc. into an amount in the currency of your VirtualGift. The exchange rate between the transaction currency and billing currency used for processing international transactions is a rate selected by Visa U.S.A Inc. from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa U.S.A Inc. itself receives, or the government-mandated rate in effect for the applicable central processing date.

For additional help please visit our FAQ section at www.giftcards.com.