Visa® Rewards Virtual Card Cardholder Agreement

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Customer Service Contact Information:
407 N. Maple Drive, Suite 300, Beverly Hills, CA 90210
https://www2.activaterewards.com/virtualvisa
1 (866) 691-4768

IMPORTANT NOTICES:

(1) This Virtual Card has been issued for loyalty/award/promotional purposes pursuant to a conditional offer and is not a gift card.
(2) Any funds remaining after expiration of this Virtual Card will not belong to you or be available to you for additional use. You do not have rights to the funds beyond the authorized use provided for in this Agreement.
(3) Always know the exact dollar amount available on the Virtual Card. Merchants may not have access to determine the Virtual Card balance.
(4) If you do not agree to these terms, do not use the Virtual Card and cancel the Virtual Card by calling Customer Service. Any refunds or exchanges are subject to the policy of the Corporate Sponsor.

Expiration dates associated with the Virtual Card
The Virtual Card will expire as noted by the "Expiration Date" identified on your Virtual Card. The funds on the Virtual Card will not be available after expiration, so you should use the funds prior to the "Expiration Date" identified on your Virtual Card.

This Cardholder Agreement ("Agreement") sets forth the terms and conditions under which a Visa Rewards Virtual Card ("Virtual Card") has been issued for your use by Pathward, National Association. By accepting and using this Virtual Card, or authorizing any person to use the Virtual Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement "You" and "your" means the person who has received and is authorized to use the Virtual Card. "We," "us," and "our" mean collectively, Pathward, a federally chartered 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 Card on Pathward's behalf. "Corporate Sponsor" means the company who has directly or indirectly established this Virtual Card for the purpose of disbursing funds to you. The Virtual Card 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.

1. ABOUT THE VIRTUAL CARD

The Virtual Card is a virtual prepaid Card loaded by the Corporate Sponsor, redeemable to buy goods and services at every internet, mail order, and telephone merchant everywhere Visa debit cards are accepted. The Virtual Card is NOT a credit Card. The Virtual 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.

Pathward, N.A. will act as custodian of your funds upon its receipt of your funds. Once your Virtual Card is activated, you will be able to provide Pathward, as custodian, with instructions about the funds accessible through the Virtual Card. Activation of the Virtual Card authorizes us to hold your funds at Pathward or as custodian to place your funds at one or more participating banks (each a "Program Bank"). If you do not agree to your funds being held by us at Pathward or placed by Pathward as custodian at other Program Banks, please immediately spend all the funds on your Virtual Card. Virtual Card funds are not FDIC insured.

2. USING THE VIRTUAL CARD

a. Accessing Funds and Limitations
The Corporate Sponsor is fully responsible for ensuring funds are available to be loaded to the Virtual Card. Each time you use the Virtual Card, you authorize us to reduce the value available on the Virtual Card by the amount of the transaction. The Virtual Card cannot be: (1) redeemed for its cash value; (2) used for illegal transactions; (3) used to make foreign transactions; (4) used for purchases where recurring payments may occur, such as subscriptions, memberships, rentals, etc.; or (5) used to obtain cash at an automated teller machine ("ATM"). For security reasons, we may limit the amount or number of transactions you can make on the Virtual Card. 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 THE FUNDS AVAILABLE ON THE VIRTUAL CARD. If you attempt to use the Virtual 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 the Virtual Card occurs due to a systems malfunction or otherwise, you will remain fully liable to us for the amount of the transaction greater than the available balance of the Virtual Card. If you do not have enough funds available on the Virtual Card, you may be able to instruct the merchant perform a "split transaction" to charge part of the purchase to the Virtual Card and pay the remaining amount with another form of payment.

This Virtual Card 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.

b. Obtaining Virtual Card Balance Information
You may obtain information about the amount of money you have remaining on the Virtual Card, as well as a history of transactions, at no charge by contacting Customer Service.

c. Authorization Holds
You do not have the right to stop payment on any purchase transaction originated by use of the Virtual Card. With certain types of purchases (such as those made online for restaurants, hotels, or similar purchases), the Virtual Card 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.

d. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Virtual Card, the return and refund will be handled by the merchant. If the merchant credits the Virtual 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. Any returns or credits made to your Virtual Card after the expiration date will be forfeited.

e. Receipts
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. COMMUNICATIONS

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.

4. UNAUTHORIZED TRANSACTIONS

If you believe the Virtual Card has been lost or stolen or an unauthorized transaction has been made using the information from the Virtual Card without your permission, contact Customer Service IMMEDIATELY. We will ask for the Virtual Card number and other identifying details. We may not be able to assist you if you do not have the Virtual Card number. We reserve the right to investigate any claim you may make with respect to a lost or stolen Virtual 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.

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 Card. Further, we will not be liable:

  1. If, through no fault of ours, you do not have enough funds available in the Virtual Card to complete the transaction;
  2. If a merchant refuses to accept the Virtual Card;
  3. If an electronic terminal where you are making a transaction does not operate properly;
  4. If access to the Virtual Card has been blocked after you reported the Virtual Card lost or stolen;
  5. If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction; or
  6. For any other exception stated in our Agreement with you.

6. LEGAL NOTICES

(a) 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.

(b) Other Terms

If you allow another person to use the Virtual Card, you will be responsible under this Agreement for all transactions made by that person. You may not assign or transfer the Virtual Card or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in the Virtual Card. 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 will 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.

7. PRIVACY POLICY

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 Virtual Card, such as date of purchase, amount and place of purchase; and
  2. Information you provide to us when you apply for, or activate, a Virtual Card, or when you contact us with customer service issues, such as name, address, phone number

Disclosures: We may also disclose information about the Virtual Card or the transactions you make to third parties in order to:

  1. Complete transactions;
  2. Verify the existence and condition of the Virtual Card for a third party, such as merchant;
  3. Provide customer service;
  4. Process claims for lost or stolen Virtual 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.

Full Privacy Policy: If you have questions about your privacy, or desire to see our full Privacy Policy, please https://www2.activaterewards.com/virtualvisa/pathward_privacy_policy.

8. 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 Card. You must send the opt out notice in writing to Pathward, 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 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.

This Virtual Card is issued by Pathward, 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
https://www2.activaterewards.com/virtualvisa

© 2004 - 2022 Pathward, National Association