Visa® Digital Rewards Virtual Accountholder Agreement
Customer Service Contact Information:
407 N. Maple Drive, Suite 300, Beverly Hills, CA 90210
1 (866) 691-4768
This Accountholder Agreement ("Agreement") sets forth the terms and conditions under which the Visa Digital Rewards Virtual Account ("Virtual Account") has been provided to you. In this Agreement, "Virtual Account" means the Visa Digital Rewards Virtual Account issued by MetaBank®, National Association. By accepting and using this Virtual Account, or authorizing any person to use the Virtual Account, you agree to be bound to the terms and conditions contained in this Agreement. "You" and "your" means the person or persons who have received the Virtual Account and are authorized to use the Virtual Account as provided for in this Agreement. "We," "us," and "our" mean collectively, MetaBank, a federally-chartered savings bank, member FDIC, and its divisions or assignees, and also includes, unless otherwise indicated, our Program Manager. “Program Manager” refers to Fandango Loyalty Solutions, LLC, who performs certain services related to the Virtual Account on our behalf. "Corporate Sponsor" means the entity providing you with the Virtual Account pursuant to a conditional offer in connection with the entity’s Loyalty, Award, or other Promotional Program (collectively, "Promotion"). The Virtual Account will remain the property of us and must be surrendered upon demand. The Virtual Account 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.
- THIS VIRTUAL ACCOUNT HAS BEEN PROVIDED TO YOU IN CONNECTION WITH A CONDITIONAL OFFER MADE BY THE CORPORATE SPONSOR’S PROMOTION. YOU ARE AN AUTHORIZED USER OF THE VIRTUAL ACCOUNT. YOU DO NOT HAVE ANY RIGHTS OR OWNERSHIP OF THE FUNDS BEYOND THE AUTHORIZED USE OF THE VIRTUAL ACCOUNT PROVIDED FOR IN THIS AGREEMENT.
- ANY FUNDS REMAINING AFTER EXPIRATION WILL NOT BELONG TO YOU OR BE AVAILABLE TO YOU FOR USE.
- PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A WAIVER OF RIGHT TO TRIAL BY JURY ("ARBITRATION CLAUSE") REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
- ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE ON THE VIRTUAL ACCOUNT. MERCHANTS MAY NOT HAVE THE ABILITY TO DETERMINE THE VIRTUAL ACCOUNT BALANCE.
- IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE VIRTUAL ACCOUNT AND CANCEL THE VIRTUAL ACCOUNT BY CALLING CUSTOMER SERVICE. ANY REFUNDS OR EXCHANGES ARE SUBJECT TO THE POLICY OF THE CORPORATE SPONSOR.
Expiration dates associated with the Virtual Account
The Virtual Account will expire as noted by the "Expiration Date" identified on your Virtual Account. The funds on the Virtual Account will not be available after expiration, so you should use the funds prior to the "Expiration Date" identified on your Virtual Account.
1. ABOUT THE VIRTUAL ACCOUNT
The Virtual Account is a virtual prepaid account that has been provided pursuant to a Promotion, and as a gratuity without the payment of any monetary value or consideration for the Virtual Account. The Virtual Account allows you to access funds on the Virtual Account provided all conditions of the Promotion have been met. The funds accessible by use of the Virtual Account have been provided by and belong to the Corporate Sponsor, not by us. The Corporate Sponsor is fully responsible for ensuring funds are available to be loaded to the Virtual Account. Your failure to activate and use the Virtual Account by the expiration date will result in the loss of all right, title and interest in the Virtual Account and the underlying funds. You do not have the ability to add funds to the Virtual Account. The Virtual Account is not a gift card, nor is it intended to be used for gifting purposes. The Virtual Account is not a credit card. You should treat the Virtual Account with the same care as you would treat cash. The Virtual Account does not constitute a checking or savings account and is not connected in any way to any other account you may have. You will not receive any interest on the funds in the Virtual Account.
2. USING THE VIRTUAL ACCOUNT
a. Accessing Funds and Limitations
You may use the Virtual Account to purchase or lease goods or services wherever the Virtual Account is honored for electronic ecommerce purchases, only up to the balance available on your Virtual Account. Only electronic commerce transactions identified as such in the authorization request will be considered for authorization. The Virtual Account cannot be used to make purchases in physical stores. Each time you use the Virtual Account, you represent and warrant to us that you are an authorized user of the Virtual Account. If you permit someone else to use the Virtual Account, 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 the Virtual Account has not been registered or you do not supply the address currently on file for the Virtual Account, you may not be able to complete a transaction for which this information has been requested.
In no event may the Virtual Account be used to redeem cash or conduct illegal transactions. For security reasons, we may limit the amount or number of transactions you can make on the Virtual Account. We have the right to refuse to process any transaction that we believe may violate the terms of this Agreement.
If there are not enough funds available in the Virtual Account, you may be able to instruct the merchant to charge a part of the purchase to the Virtual Account and pay the remaining amount with another form of payment. These are called "split transactions." Some merchants do not allow Virtual Accountholders to conduct split transactions.
b. Foreign Transactions
Currency Conversion: Currency Conversion: If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which the Virtual Account was issued ("Foreign Transaction"), the amount deducted from the funds will be converted by the network or card association that processes the transaction into an amount in the currency of the Virtual Account. Mastercard International Inc. and Visa U.S.A. Inc. currently use a conversion rate that is either: (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date.
c. Obtaining Virtual Account Balance Information
You should keep track of the balance available on the Virtual Account. You may obtain information about the balance remaining in the Virtual 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 at https://www2.activaterewards.com/trydigitaldownload.
d. Authorization Holds
You do not have the right to stop payment on any purchase transaction originated by use of the Virtual Account. With certain types of purchases (such as those made online for restaurants, hotels, or similar purchases), the Virtual 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 the 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.
e. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Virtual Account, the return and refund will be handled by the merchant. If the merchant credits the Virtual 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. Any returns or credits made to your Virtual Account after the expiration date will be forfeited.
You may wish to retain receipts as a record of transactions. Receipts will be required if you need to verify a transaction with us or the merchant.
3. BUSINESS DAYS
For purposes of these disclosures, our business days are, and Customer Service is available, 24 hours a day, 7 days a week.
4. UNAUTHORIZED TRANSACTIONS
If you believe the Virtual Account has been lost or stolen or an unauthorized transaction has been made using the information from the Virtual Account without your permission, contact Customer Service IMMEDIATELY. We will ask for the Virtual Account number and other identifying details. We may not be able to assist you if you do not have the Virtual Account number. We reserve the right to investigate any claim you may make with respect to a lost or stolen Virtual 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.
5. NO WARRANTIES AND LIMITATION OF LIABILITY
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with the Virtual Account. Further, we will not be liable to you or any other person:
- If, through no fault of ours, you do not have enough funds available in the Virtual Account to complete the transaction;
- If a merchant refuses to accept the Virtual Account;
- If an electronic terminal where you are making a transaction does not operate properly;
- If access to the Virtual Account has been blocked after you reported the Virtual Account lost or stolen;
- If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
- For any other exception stated in our Agreement with you.
6. LEGAL NOTICES(a) English Language Controls
The Virtual Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Virtual Account 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 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. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Closing the Virtual Account will not entitle you to any of the remaining funds.(b) Other Terms
The Virtual Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Virtual Account 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 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. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Closing the Virtual Account will not entitle you to any of the remaining funds. If you allow another person to use the Virtual Account, you will be responsible under this Agreement for all transactions made by that person. We may, however, transfer or assign our rights under this Agreement, including any balances in the Virtual Account.
7. TELEPHONE MONITORING/RECORDING
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.
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:
- Information about purchases made with the Virtual Account, such as date of purchase, amount and place of purchase; and
- Information you provide to us when you apply for, or activate, a Virtual Account, or when you contact us with customer service issues, such as name, address, phone number
Disclosures: We may also disclose information about the Virtual Account or the transactions you make to third parties in order to:
- Complete transactions;
- Verify the existence and condition of the Virtual Account for a third party, such as merchant;
- Provide customer service;
- Process claims for lost or stolen Virtual Accounts;
- Help protect against fraud and to conduct research and analysis; or
- 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.
9. JURY TRIAL WAIVER AND ARBITRATION
Because you have a limited right to use of these funds, any dispute regarding loss of funds should be handled with the Corporate Sponsor. However, to the extent you pursue action or claim against us, you agree to the following clauses:(a) 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.(b) Arbitration Clause
You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Virtual Account. 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 Virtual Account 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.
This Virtual Account is issued by MetaBank, National Association Member FDIC, pursuant to a license from Visa U.S.A Inc.
5501 S. Broadband Lane
Sioux Falls, SD 57108
1 (866) 691-4768
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