Visa® Gift Virtual Account Cardholder Agreement
CUSTOMER SERVICE CONTACT INFORMATION:
10615 Professional Circle, Suite 102; Reno NV 89521 (Address)
877-944-3822 (Toll-Free Customer Service Number)
- GIVE THIS DOCUMENT TO THE RECIPIENT OF THE GIFT ACCOUNT FOR ANY FUTURE QUESTIONS OR ISSUES.
- PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“DISPUTE CLAUSE” SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
- ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE ON YOUR ACCOUNT. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE YOUR ACCOUNTBALANCE.
- IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE ACCOUNT, SAVE YOUR RECEIPT AND CANCEL THE ACCOUNT BY CALLING CUSTOMER SERVICE AND REQUESTING A REFUND CHECK.
Fees Associated with your Account
Monthly Maintenance Fee: $4.95
Subject to applicable law, beginning on the 13th month after there has been no activity on your Account, a Monthly Maintenance Fee of $4.95 will be deducted from the funds associated with your Account. This fee will continue to be assessed as long as there are funds associated with your Account and no further activity has occurred. If further activity occurs, we will wait until the 13th consecutive month of inactivity to assess the Monthly Maintenance Fee. If you do not use your Account for an extended period of time, these fees may lower or even exhaust the balance of your Account before the “valid thru” date has passed. You may avoid this fee by making regular purchases with your Account.
Replacement Account Fee: $5.00
If your Account information is lost or stolen, there will be a Replacement Account Fee of $5 to replace it.
Although your Virtual Account has a “valid thru” date, the funds associated with your Account do not expire. When the “valid thru” date has passed, you must call 877-944-3822 to obtain a replacement Account.
Replacement Account at Expiration
There is no additional cost to obtain a replacement Account due to expiration.
This Accountholder Agreement (“Agreement”) sets forth the terms and conditions under which a Visa Virtual Gift Account (“Account”) has been issued to you by MetaBank®, National Association. By accepting and using this Account, signing the back of the Account, activating the Account, or authorizing any person to use the Account, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement “You” and “your” mean the person or persons who have received the Account and are authorized to use the Account. “We”, “us”, “our”, and “Bank” mean collectively, MetaBank, a federally charted bank, member FDIC, and its divisions or assignees. You should sign the back of the Account immediately upon receipt. The Account may be canceled or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference. This Agreement applies to both the purchaser and any other user of the Account. It is the purchaser’s obligation to provide these terms and conditions to any user; however, new terms and conditions may be provided, or any other questions or concerns answered by contacting Customer Service.
- ABOUT YOUR ACCOUNT
- USING YOUR ACCOUNT
- Accessing Funds and Limitations
You may use your Account to obtain goods or services at online, telephone, or mail order merchants wherever Visa debit cards are honored in the United States. You may not use your Account at brick-and-mortar locations. Each time you use your Account, you authorize us to reduce the value available on your Account by the amount of the transaction. Your Account cannot be:
- redeemed for cash or quasi-cash (for example, gaming chips, money orders, deposits, wire transfers, traveler’s checks, foreign currency and similar items);
- used to obtain cash in any transaction;
- used for illegal transactions;
- used to make foreign transactions; or
- used for purchases where recurring payments may occur, such as subscriptions, memberships, rentals, etc.
For security reasons, we may limit the amount or number of transactions you can make on your Account. We may refuse to process any transaction that we believe may violate the terms of this Agreement. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF FUNDS AVAILABLE ON YOUR ACCOUNT. If you attempt to use the Account when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Account occurs due to a systems malfunction or otherwise, you will remain fully liable to us for the amount of the transaction. If you do not have enough funds available on your Account, you may be able to instruct the merchant to perform a ‘split transaction’ to charge part of the purchase to the Account and pay the remaining amount with another form of payment. Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.
If you use your Account number without presenting your Account (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Account itself. Payment for pay-at-the-pump stations should be made inside.
Your Account is valid in the U.S. only. It cannot be used at merchants outside of the United States, including internet and mail/telephone order merchants outside of the United States.
- Personal Identification Number (PIN)
If you wish to make PIN debit purchases, you may obtain a PIN by visiting the Website at www.giftcards.com or calling the Customer Service Number. Accounts are not accepted at ATMs and cannot be used to obtain cash in any purchase transaction. You should not write or keep your PIN with your Account. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that there has been unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Unauthorized Transactions”.
- Obtaining Account Balance Information
You may obtain information about the amount of money you have remaining in your Account account at no charge by contacting Customer Service. This information, along with a 60-day history of account transactions, is also available online by visiting our Website. You also have the right to obtain a sixty (60) day written history of account transactions by contacting Customer Service.
- Authorization Holds
You do not have the right to stop payment on any purchase transaction originated by use of your Account. With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Account may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.
- Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Account, the return and refund will be handled by the merchant. If the merchant credits your Account, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.
You may wish to retain receipts as a record of transactions. Receipts will be required if you need to verify a transaction.
- REPLACEMENT ACCOUNT
If you need to replace your Account for any reason, please contact Customer Service. Please note that your Account has a “Valid Thru” date on the front of the Account. You may not use your Account after the “Valid Thru” date. However, even if the “Valid Thru” date has passed, the available funds on your Account do not expire. You will not be charged a fee for replacement Account that we send due to expiration of the Account.
You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.
- UNAUTHORIZED TRANSACTIONS
- Contact Customer Service Immediately
If you believe your Account has been lost or stolen or an unauthorized transaction has been made using the information from your Account without your permission, contact Customer Service IMMEDIATELY. We will ask for the Account number and other identifying details. We cannot assist you if you do not have the Account number. We reserve the right to investigate any claim you may make with respect to a lost or stolen Account or unauthorized transaction, and you agree to cooperate with such investigation. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. A reissued Account may take up to 30 days to process.
- Your Liability for Unauthorized Visa Prepaid Card Transactions
Visa’s Zero Liability Policy does not apply to certain commercial card and anonymous prepaid card transactions or transactions not processed by Visa. Cardholders must use care in protecting their card and notify their issuing financial institution immediately of any unauthorized use. Contact your issuer for more detail.
- Contact Customer Service Immediately
- NO WARRANTIES AND LIMITATION OF LIABILITY
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with a Account. Further, we will not be liable:
- If, through no fault of ours, you do not have enough funds available in your Account to complete the transaction;
- If a merchant refuses to accept your Account;
- If an electronic terminal where you are making a transaction does not operate properly;
- If access to your Account has been blocked after you reported your Account lost or stolen;
- If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction;
- For any other exception stated in our Agreement with you.
- Legal Notices
- English Language Controls
Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.
You may not assign or transfer your Account or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Account.
- Other Terms
Use of your Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. You will be notified of any change to this Agreement in the manner required by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the laws of the state of South Dakota except to the extent governed by federal law. Should your Account have a remaining balance after a certain period of inactivity, we may be required to remit the remaining funds to the appropriate state agency.
- English Language Controls
We may provide information to our employees, auditors, affiliates, service providers, or attorneys as needed, or to any third party if you give us your written permission. We may also collect: (1) Information about purchases made with the Account, such as date of purchase, amount and place of purchase; (2) Information you provide to us when you register an Account, or for replacement Accounts, or when you contact us with customer service issues, such as name, address, phone number.
We may also disclose information about your Account or the transactions you make to third parties in order to: (1) complete transactions; (2) verify the existence and condition of your Account for a third party, such as merchant; (3) provide customer services; (4) process claims for lost or stolen Cards; (5) help protect against fraud and to conduct research and analysis; or (6) comply with government agency or court orders, or other legal reporting requirements.
- JURY TRIAL WAIVER AND ARBITRATION
- Jury Trial Waiver: To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this agreement. This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section, which contains its own jury trial waiver.
- Arbitration Clause: You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card. You must send the opt out notice in writing to MetaBank, N.A., Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108 (“Notice Address”). This Arbitration Clause governs any dispute arising under this Agreement, aside from the validity and coverage of this Arbitration Clause. Arbitrations will be conducted under the rules of the arbitration administrator, as chosen by us. Arbitration may be brought by you or us, and we will not demand arbitration if you bring an individual action in small claims court. In addition to the Jury Trial Waiver above, you also waive your rights to be a class member or bring suit in a class action or class arbitration. In order to commence an arbitration, the party bringing the dispute must send the notice and complaint in writing. You must send your notice to the Notice Address. After receiving notice, the other party has 30 days to attempt to resolve the issue before a suit or arbitration commences. We will pay all costs associated with administering an arbitration brought by you in good faith, if you cannot get a waiver and ask us to pay. Further, we will pay legal fees and costs if you win or as required by law or the arbitrator. This Arbitration Clause will stay in force if your Card is closed or we assign our rights under this Agreement. This Arbitration Clause and any rights to appeal or requests for information will be governed by the Federal Arbitration Act and the rules of the arbitrator.
Your Account is a virtual gift Account. Your Account consists of an Account number, a “valid thru” date, and a security code, just like those on a plastic card. The Account is loaded with a specific amount of funds, redeemable to buy goods and services online, via mail order, or by telephone anywhere Visa debit cards are accepted in the United States. You may not use your Account at brick-and-mortar locations. The Account is NOT a credit card. The Account is not a checking account or connected in any way to any account other than a stored value account where your funds are held. You will not receive any interest on the funds in your Account. If you have registered your Account, the funds in your Account will be insured by the Federal Deposit Insurance Corporation (“FDIC”), subject to applicable limitations and restrictions of such insurance. You may register your Account by visiting the Website at www.giftcards.com or calling the Toll-Free Customer Service Number at 877-944-3822. You may not load additional funds to the Account.
This Card is issued by MetaBank, National Association., Member FDIC, pursuant to a license from Visa U.S.A. Inc.
© 2016-2021 MetaBank, National Association