|Replacement Card at Expiration:|
There is no additional cost to obtain a replacement Card due to expiration.
This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which a “Happy” Gift Card (“Card”) has been issued to you. The Gift Card is a prepaid Card issued by MetaBank®. By accepting and using this Card, activating the Card, or authorizing any person to use the Card, 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 Card and are authorized to use the Card as provided for in this Agreement. “We”, “us”, “our”, and “Bank” mean MetaBank, our successors, affiliates or assignees. The Card will remain the property of Bank and must be surrendered upon demand. The Card may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference. These terms and conditions apply to both the purchaser and any other user of the Card. 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.
1. ABOUT YOUR CARD
The Card is a prepaid Card loaded with a specific amount of funds, redeemable to buy goods and services at the merchants whose logos appear on the Card in the United States. No additional funds may be added to this Card. The Card is NOT a credit Card. The Card 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 associated with your Card.
2. USING YOUR CARD
a. Accessing Funds and Limitations
Your Card may be used at brick-and-mortar locations in the United States of the merchants whose logos appear on the Card. Your Card is not intended for online use, and online redemption may not be available for all merchants. You do not have the right to stop payment on any purchase transaction originated by use of your Card. Your Card cannot be used to obtain cash or to conduct any illegal transactions. For security reasons, we may limit the amount or number of transactions you can make on your Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
b. Obtaining Card Balance Information
You should keep track of the amount of value loaded on Cards issued to you. You may obtain information about the amount of money associated with your Card at no charge by contacting Customer Service. You may also obtain information about your Card transactions by contacting Customer Service.
c. Authorized Users
You may present the Card to another person. If you do provide access to your Card or Card number, you are liable for all transactions made with the Card or Card number by those persons. You must notify us to revoke permission for any person you previously authorized to use Card information or have access to your account. You are responsible for all transactions and fees incurred by you or any other person you have authorized.
d. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, 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.
f. Split Transactions and other uses
If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. These are called “split transactions.” 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.
YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON YOUR CARD. If you attempt to use the Card 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 Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.
3. REPLACEMENT CARD
The funds on your Card do not expire. The “valid thru” date indicated on the front of your Card is not an expiration date, but is intended primarily for fraud protection purposes. After the “valid thru” date, your available funds will be temporarily unavailable until you contact Customer Service for a replacement Card with a new “valid thru” date. You will not be charged a replacement Card fee if you are ordering a replacement Card due to your Card expiring, in order to continue accessing unused funds. If your Card still has unused funds on it after your Card expires, you may order a new Card by contacting Customer Service. Upon contacting us for any lost/stolen card, your funds will be temporarily unavailable until you activate your replacement Card.
4. BUSINESS DAYS
For purposes of these disclosures, our business days are Monday through Friday.
5. UNAUTHORIZED TRANSACTIONS
Treat this Card like cash. We generally cannot provide refunds for lost or stolen Cards.
However, if you believe your Card has been lost or stolen or an unauthorized transaction has been made using the information from your Card without your permission, contact Customer Service IMMEDIATELY. We will ask for the Card number and other identifying details. We cannot assist you if you do not have the Card number. We reserve the right to investigate any claim you may make with respect to a lost or stolen Card 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. If we elect to reissue a Card, it may take up to 30 days to process.
6. 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 Card or using the Card Account. Further, we will not be liable:
7. OTHER TERMS
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. 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 shall be 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 Card have a remaining balance after a certain period of time, we may be required to remit the remaining funds to the appropriate state agency.
8. AMENDMENT AND CANCELLATION
We may amend or change the terms of this Agreement at any time, subject to applicable law. You will be notified of any change in the manner required by applicable law prior. However, if the change is made for security purposes, we can implement such change without prior notice.
9. 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.
Information We Collect:
(1) Information about purchases made with the Card, such as date of purchase, amount and place of purchase
(2) Information you provide to us when you apply for a Card, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number
Disclosures: We may also disclose information about your Card or the transactions you make to third parties in order to:
(1) Complete transactions;
(2) Verify the existence and condition of your Card 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.
We may also 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.
This Card is issued by MetaBank, Member FDIC
5501 S. Broadband Lane
Sioux Falls, SD 57108
© 2018 MetaBank