Cardholder Agreement
IMPORTANT - PLEASE READ CAREFULLY
1. Terms and Conditions for this Card.
This document constitutes the agreement ("Agreement") outlining the terms and conditions under which this Rewards Card Discover® Network Card has been issued to you. By accepting and using this card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" means the Rewards Card issued to you by MetaBank. "You" and "your" means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean MetaBank, our successors, affiliates or assignees. The Card will remain the property of MetaBank and must be surrendered upon demand. The Card is nontransferable, and it 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.
2. Definitions
The Card is a prepaid card that has been provided pursuant to a promotional program. The Card allows you to access funds on the Card. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Card is not a credit card. You will not receive any interest on the funds on the Card.
3. Using Your Card
You may use your Card to purchase goods or services at retailers where the Card is honored as long as you do not exceed the value available on your Card. You are responsible for all transactions initiated by use of your Card. If you permit someone else to use your Card we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. If you do not have enough value loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. 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.
If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may not use your Card for any illegal transactions. Cards are not accepted at ATMs.
You should keep track of the amount of value loaded on Cards issued to you. You may call us at the Customer Service number shown on your Card and listed below at any time to obtain the current value on your Card. To reach us, call toll-free 1-866-462-5968 for the balance. If you have questions on Card usage, please call us at 1-800-671-4645 Monday - Friday, 9:00 a.m. - 5:00 p.m. E.S.T.
Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card (creating a "shortage") you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges. You agree to pay us promptly for the shortage and any applicable shortage fees. We also reserve the right to cancel this Card should you create a shortage with your Card.
You do not have the right to stop payment on any purchase transaction originated by use of your Card. 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 for up to ten (10) days.
Cardholder acknowledges that this is a Promotional Card received as the result of a promotional program without payment of consideration or any other value by Cardholder. Cardholder further acknowledges that, as a Promotional Card, the Card is subject to a firm expiration date and the Card cannot be extended, replaced, redeemed or used after the expiration date shown, subject to applicable law.
4. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
5. International Transactions
Your Card can only be used within the United States of America and should never be transferred to anyone located outside the U.S.A. Any attempt to use the Card from any other country will be declined.
6. Receipts
You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipt to verify your transactions.
7. Confidentiality
We may disclose information to third parties about your Card or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Card for a third party, such as a merchant;
(3) In order to comply with any government agency, court order, or other legal reporting requirements;
(4) If you give us your written permission, or;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed.
8. Our Liability for Failure to Complete Transactions
In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages.
9. Your Liability for Unauthorized Transfers
You should protect your Card against theft with the same level of care that you use to protect the cash in your wallet. We cannot prevent the unauthorized use of your Card by others and cannot replace funds used by any unauthorized user. It cannot be replaced if it is lost, stolen or damaged.
10. Other Terms
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. 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 law of the State of South Dakota except to the extent governed by federal law.
11. Amendment and Cancellation
We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided 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 may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
12. Information About Your Right to Dispute Errors
You are responsible for resolving disputes arising out of the Card transactions, including disputes related to the quality, safety or legality of merchandise or services. In case of errors or questions about your Card transactions, call 1-866-462-5968 if you think your receipt is wrong or if you need more information about a transaction on the receipt.
13. Privacy and Data Protection
(i) Information We Collect ("Cardholder Information"):
(a) Information about purchases made with the Card, such as date of purchase, amount and place of purchase
(b) Information you provide to us when you apply for a Card.
(ii) Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.
(iii) Disclosure: We may use Cardholder Information to provide customer services, to develop marketing programs, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services, including marketing services, on our behalf. We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas.
14. Telephone Monitoring/Recording
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
15. No Warranty Regarding Goods and Services
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.