PLEASE READ THESE GENERAL TERMS OF USE AND LEGAL POLICY CAREFULLY BEFORE USING THE SITE AND/OR ITS AFFILIATED SITES GIFTCARDS.COM, MYCOUPONS.COM, OMNICARD.COM AND GIFTCODES.COM (COLLECTIVELY HEREINAFTER REFERRED TO AS THE "SITE"). BY VISITING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE AND LEGAL POLICY AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU, WOLFE.COM, LLC AND ITS AFFILIATED SITES INCLUDING GIFTCARDS.COM, MYCOUPONS.COM, OMNICARD.COM AND GIFTCODES.COM (COLLECTIVELY THE "COMPANY"). IF YOU DO NOT AGREE TO THESE GENERAL TERMS OF USE AND LEGAL POLICY, PLEASE DO NOT USE THE SITE.
Welcome to Wolfe.com
Please review the following terms and conditions that govern your use of Wolfe.com and its affiliated websites, MyCoupons.com, GiftCards.com, OmniCard.com and GiftCodes.com (collectively the "Site"). Please note that by completing the registration process and clicking the "I accept" button and/or by using the Site, you are agreeing to all of these terms, conditions and notices without modification and are agreeing to be legally bound by these terms. In addition to this General Terms of Use and Legal Policy, individuals and/or entities will be bound by the terms and conditions of any other contract or agreement with the Company.
Although you may "bookmark" a particular portion of this Site and thereby bypass this General Terms of Use and Legal Policy, your use of the Site still binds you to the terms, conditions and notices set forth in this General Terms of Use and Legal Policy. The Company reserves the right to revise these General Terms of Use and Legal Policy at any time; therefore, you should visit this page periodically to review the terms of your use. Your continued use of the Site following any such revision means you agree to abide by such revised General Terms of Use and Legal Policy.
Most communications between the Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communication exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your experience on the Site, we ask that you contact us via e-mail at help@wolfe.com.
Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, video clips and all other visual, written, or oral information contained on the Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by the Company. Except as provided herein, you may not use the Contents in any way without the express written permission of the Company. The Company neither warrants nor represents that your use of the Contents will not infringe on rights of any third party not owned or affiliated with the Company. Except as specifically agreed to in writing by the Company, the Site and the Contents are intended solely for personal non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not otherwise reproduce, publish, transmit, distribute, display, modify, create derivative work from, or sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or related software.
Except as otherwise agreed to by the Company, the Company offers you access to the Site and to the content available on the Site solely for your own personal and noncommercial use. You may not resell or make any commercial use of the Site or the content on the Site. You may not download or copy to any account information for the benefit of any other merchant. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of "screen scraping", "database scraping", or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Site, in any manner and any quantities not authorized by the Company. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company or its affiliates without the Company's prior written consent. You may not use meta tags or any other "hidden text" utilizing the Company's name, trademarks or service marks without the express written consent of the Company.
You may not use this Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person's use and enjoyment of the Site. The foregoing provisions are for the benefit of the Company, its affiliates, its subsidiaries and its third party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or on its own behalf. Illegal and/or unauthorized uses of this Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider, or other automated device on the Site, or any manual process to monitor or copy any portion of the content contained on the Site, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.
ELIGIBILITY
Use of the Site is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Site. To register, you must provide your legal name, zip code, and email address. The Company may refuse access to or use of its services (such as, but not limited to, listings, chat, discussion boards, email, and bidding) to anyone at any time, in its sole discretion.
DISCLAIMER OF WARRANTIES
YOU ARE USING THIS SITE AT YOUR OWN RISK. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES OR STRATEGIC PARTNERS PROVIDE THE MATERIALS ON THIS SITE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE SITE, ALTHOUGH THE COMPANY MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE.
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREON, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOST, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE, FOR THE SERVICES PROVIDED ON THE SITE OR FOR OTHER INFORMATION PROVIDED TO YOU ON THIS SITE.
Termination of Account
The Company may modify or discontinue your account or the services provided by the Company, with or without notice, and without liability, of any kind or nature, to you or any third party.
Prohibited Activities
The Site may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other proprietary right.
You agree that you will not transmit or disseminate: (i) advertising, chain letters, spam, junk mail or any other type of unsolicited emailing (whether commercial or informational) to persons or entities that have not agreed to be part of such mailings; (ii) harassing, libelous, abusive, threatening, obscene or otherwise objectionable materials or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or (iii) viruses or other harmful, disruptive or destructive files. You may not alter headers of email messages to conceal the email address or prevent others from responding to the messages.
You agree that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you interfere with the security of the Site, system resources or accounts or any network. You may not abuse systems, or make use of the Site in a way that disrupts the normal use of the Company's system or services for others. This includes but is not limited to, running excessive numbers of processes, attempting to disrupt the connections or other customers, consuming excessive amounts of CPU time, memory or disk space, or running multiple simultaneous logins.
Unsolicited advertisements or solicitations sent from other networks which reference email accounts hosted by the Company will be treated as if they originated from the referenced account, unless the Company knows, or has sufficient evidence to believe, that the message originated with some unrelated party.
You may not use the Site for any illegal or unlawful purpose. Further, transmission, storage or presentation of any information, data or materials in violation of any United States federal, state or municipal statute, rule or regulation is prohibited. This includes, but is not limited to, material which infringes a copyright, material that is threatening or obscene, material that is "adult only" content, or material which violates trade secret and other federal or state laws. Any violation of the terms and conditions set forth in these General Terms of Use and Legal Policy entitles the Company to immediately terminate your account without notice of any kind or nature.
VIOLATIONS of General terms of use and legal policy
The Company may deny you access to the Site, if in the Company's sole discretion, you fail to comply with any terms or provisions of these General Terms of Use and Legal Policy. If the Company and/or its suppliers become aware of possible violations, they may, in their sole discretion, initiate an investigation, suspend or terminate the account, remove materials from its server, cancel account posts, issue a warning, or take other responsive action. You agree to respond in a timely manner to any complaints. The Company and its suppliers reserve the right to assess a charge of $500.00 per complaint plus legal fees, received by the Company or its suppliers and to recover damages for such complaints for any harm done to the system or service or for employee hours devoted to responding to complaints resulting from your violation of these Terms of Use. Nothing contained in these General Terms of Use and Legal Policy shall be construed to limit the actions the Company or its suppliers may take or remedies available to it in any way with respect to any prohibited activity or conduct. Certain violations of these General Terms of Use and Legal Policy may subject you to criminal and/or civil liability. Non-enforcement of any term of these General Terms of Use and Legal Policy does not constitute a waiver of such term, and the Company reserves the right to enforce such term at its sole discretion.
Account and Password
In order to access all the features and services of the Site, you need a valid user ID and corresponding password. Upon your online registration, you will be required to select a unique user ID and a new password. Your user ID and password are confidential and must not be distributed or disclosed by you to third parties. If you wish to change your password in the future, you can do so online by clicking the "My Homepage" link. You are responsible for maintaining the confidentiality of your account password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your account.
VIRUSES
The Company also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Site or your downloading of any materials, data, text, images, video or auction from the Site.
Public Postings in General
Except for your personal information which is maintained as private in accordance with our Privacy Policy, information posted to the Site is public. You are solely responsible for information which you post on the Site, including but not limited to any posting or listing in any public message area, any submission to any rating system, or through any e-mail feature. By agreeing to these General Terms of Use and Legal Policy, you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to this information. You are responsible for your information and it must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; or (c) be obscene, indecent or contain pornography. We do not endorse any information posted by you and we are not liable for any information posted on the Site by you. We reserve the right to take any action with respect to information posted on the Site which we believe is appropriate, including but not limited to removal of such information or termination of your rights of use. However, we cannot, nor do we, control the information posted by other users. By its very nature, the information of others may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.
INDEMNIFICATION
You agree to defend, indemnify and hold the Company, its affiliates, officers, directors, members, managers, employees and agents harmless from and against any and all claims, actions, damages, costs, liabilities, losses and expenses, including attorneys' fees, arising from or related to your use of the Site or any information you provide to the Company and for breach of this General Terms of Use and Legal Policy or any other policy or any agreement with the Company.
GOVERNING LAW, ARBITRATION AND JURISDICTION
You recognize that, although the internet can be accessed from anywhere in the world, the Site is located in the Commonwealth of Pennsylvania, United States of America, and that when you access this Site, you are doing so in the Commonwealth of Pennsylvania, United States of America. These General Terms of Use and Legal Policy shall be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflict of law of any jurisdiction. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UNLESS SPECIFICALLY AGREED TO BY THE PARTIES. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR SHALL BE DETERMINED JOINTLY BY THE PARTIES WITHIN THIRTY (30) DAYS OF SUBMISSION OF A WRITTEN DEMAND FOR ARBITRATION BY ONE PARTY TO THE OTHER. IN THE EVENT THE PARTIES ARE UNABLE TO AGREE ON AN ARBITRATOR, EACH PARTY SHALL SUBMIT THE NAME OF ONE (1) ARBITRATOR AND THOSE TWO (2) ARBITRATORS SHALL DECIDE UPON A THIRD ARBITRATOR WHO SHALL PRESIDE OVER THE DISPUTE. YOU FURTHER AGREE THAT ANY ARBITRATION ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OF USE AND LEGAL POLICY OR THE SITE SHALL BE FILED ONLY IN ALLEGHENY COUNTY, PENNSYLVANIA, AND YOU HEREBY IRREVOCABLY CONSENT AND SUBMIT TO PERSONAL JURISDICTION AND VENUE IN ALLEGHENY COUNTY, PENNSYLVANIA AND WAIVE ANY OBJECTION TO SUCH JURISDICTION AND VENUE. EACH PARTY SHALL BEAR ITS OWN COSTS, INCLUDING ATTORNEYS FEES, ASSOCIATED WITH ARBITRATION.
Copyright, Trademarks and Patents
All content included on the Site is the property of the Company or its content suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of the Company and protected by U.S. and international copyright, patent and/or trademark laws. All software used on the Site is the property the Company or its software suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The content and software on the Site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Site is strictly prohibited. Unless expressly authorized by the Company in writing, you may not use the contents with any product or services not provided by the Company, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit the Company. All other trademarks and service marks appearing on the Site are the property of the respective owners, including third party providers of products and services with links to and from the Site.
License for User Generated Content
By uploading your images and/or content ("User Generated Content") to the Site, you grant the Company and its affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Generated Content, in any form, format, or medium, of any kind now known or later developed.
By uploading or sharing any User Generated Content with the Company, you represent and warrant that: (a) You are the original author or creator of the User Generated Content and/or have full copyright, title and interest in and to any User Generated Content, (b) You have the full power and authority to upload and/or share the User Generated Content on the Sites, (c) the use of any element of the User Generated Content will not violate or infringe upon the trademarks, trade names, copyrights, patents, rights or privacy or publicity or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity, and (d) You will not submit material that is, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Digital Millennium Copyright Act NOTICES
The Company respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify us by sending mail to our designated agent:
NAME: J. Raymond Bilbao
ADDRESS: DMCA Designated Agent
495 Mansfield Avenue, Pittsburgh, PA 15205
EMAIL: ray.bilbao@wolfe.com
PHONE: 877-746-6664, ext. 9160
The notice must have the following information as provided by federal law (Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3)):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Entire Agreement, Severability
These General Terms of Use and Legal Policy constitute the entire agreement between the you and the Company with respect to your use of the Site and supersedes any other agreement, proposals and communications, written or oral, between the Company and you with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained herein are invalid, you agree that the remainder of the General Terms of Use and Legal Policy shall be enforceable.
Special Additional Terms and Conditions Applicable to MyCoupons.com
Refunds for Discontinued Membership Levels
There are NO REFUNDS for purchases of the previous 'Premium MyCouponer','Premium Member', or 'Lifetime Member' status. These upgrades in membership levels are no longer available.
Help
If you are not completely satisfied with your experience on the Site, we ask that you contact us via e-mail at help@mycoupons.com.
Promotional Messages
The Company and/or third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. The Company does not make any representation or warranty with respect to any such email messages or any goods or services which may be obtained from such third parties, and you agree that the Company shall have no liability with respect thereto.
Shopping Boards Terms of use
This board is run by the Company for the benefit of all those who wish to discuss/share shopping information - anything at all to do with:
- Shopping
- Coupons
- Sales
- On-line shopping
- Good deals
- Penny-pinching tips
- Bargains
- Parenting
- Recipes
- Hobbies, Crafts, etc.
We will not tolerate the following with respect to use of the board:
- No Vulgar/offensive language
- Abuse of other users
- No solicitation
- No blatant advertising
If you have a question or need assistance in operation of the board, you can email us directly. Considering the real-time nature of this bulletin board, it is impossible for us to review messages or confirm the validity of information posted. Please remember that the Company does not actively monitor the contents of and is not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of the Company or any entity associated with the Company.
Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
You agree, through your use of the Site, that you will not use the Site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any laws. You agree not to post any copyrighted, trademarked or other proprietary materials unless the copyright, trademark or other proprietary material is owned by you or by the Company or you have been granted the right to lawfully use such copyrighted, trademarked or other proprietary materials.
Although the Company does not, and cannot, review the messages posted and is not responsible for the content of any of these messages, the Company reserves the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your messages, and you agree to defend, indemnify and hold harmless the Company its directors, officers, members, managers, employees, and agents from and against any and all claims, actions, damages, costs, liabilities, losses and expenses (including reasonable attorney's fees) arising from, or related to, any claim based upon transmission of the message(s) posted by you.
The Company also reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
Please note that advertisements, chain letters, pyramid schemes, and solicitations are inappropriate on the Shopping Boards Forums.
Disputes
Because the Company is not involved in the actual transaction between sellers and buyers and is not the agent of either for any purpose, the Company will not be involved in resolving any disputes between participants related to or arising out of any transaction. The Company urges sellers and buyers to cooperate with each other to resolve such disputes. BECAUSE THE COMPANY IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE THE COMPANY (AND ITS OFFICERS, MEMBERS, MANAGERS, AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Special Terms and Conditions Applicable to GiftCards.com
GiftCards.com Visa® Gift Card Terms and Conditions
Acceptance of Terms:
These are the Terms and Conditions of your gift card. Please read them carefully and keep them for your records. Please sign your card immediately. In these Terms and Conditions, "Gift Card" and "Card" means the Visa Gift Card issued by CenterState Bank of Florida, NA, referred to as "Bank." The terms "we", "us" and "our" mean "Bank", our successors, affiliates or assigns and "you" and "your" mean anyone who has received the Gift Card or is authorized to use it. By accepting and using your Gift Card, you are agreeing to these Terms and Conditions. The Gift Card is not a credit card; it is a prepaid debit gift card. You can obtain additional information about the Gift Card at www.giftcards.com.
Your Gift Card:
The Gift Card is offered to individuals over the age of 18 that lawfully enter into and form contracts under applicable law, and by using the Gift Card you represent and warrant to us that you are such an individual. We, in our sole discretion may refuse to issue a Gift Card for any reason. The amount of funds shown on the records of the Bank shall be deemed the balance on the Gift Card, unless you can prove to us otherwise to our satisfaction in our sole discretion.
Card Access:
The Gift Card is a prepaid card that can be used anywhere Visa debit cards are accepted worldwide and as a Visa point-of-sale transaction. Cash access is not permitted on non-reloadable Visa cards unless cardholder information is on file.
Card Limitations:
Your Card may not be resold. You must have sufficient, available funds to pay for all Gift Card transactions at merchants. If the purchase amount is greater than the available funds, the difference may be paid for with cash, check or credit or debit card, subject to the policy of the merchant. If the merchant attempts to process the Gift Card for more than the available funds, the transaction will be declined. You may confirm your available balance or transactions 24 hours a day, seven days a week at www.giftcards.com or by calling us toll free at 1-877-944-3822. You may only use your Gift Card in the manner and for the purposes described in these Terms and Conditions. Some merchants, including most restaurants and service establishments, have a policy of authorizing an amount up to 25% or more than your total purchase in order to cover any outstanding tip or gratuity that you may add to your purchase. The entire amount of these authorizations may remain unavailable on your Card for an average of eight (8) days and up to thirty (30) days. However, only the amount authorized by you will actually be deducted from the value of the Card. Any transaction attempted that exceeds the actual value of the Card will be declined, and you may be asked to provide an additional form of payment in order to cover the remainder of the transaction and/or gratuity. Your Card may not be used for illegal transactions or for any type of pre-authorized transaction such as recurring monthly payments, dues or fees, or installment payments.
Foreign Transactions:
If you obtain your funds (or make a purchase) in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by Visa U.S.A., Inc. into an amount in the currency of your Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa U.S.A., Inc. from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa U.S.A. Inc. itself receives, or the government-mandated rate in effect for the applicable central processing date.
Service Charges:
After one year of inactivity on your Card, a monthly service fee of $4.95 will be deducted each month that your Card remains inactive. A replacement fee of $4.95 is charged for a lost or stolen Card.
Shipping and Handling:
At the time of purchase, you acknowledge and agree that First Class shipping by USPS is not guaranteed and that the First Class shipping fees are non-refundable.
Important things you need to know about your Gift Card:
- Your signature is required for all in-person purchases. You can also make Internet or phone purchases with your card.
- You can access your balance and transaction history directly online at www.giftcards.com.
- If you pay at the pump for gas, the card terminal in the "pay at the pump" stations automatically checks to see if your Gift Card has enough money left to pay for an average purchase of gas which varies among merchants and is at least $75. If your Gift Card does not have enough money to pay for this amount, your transaction will be declined. The average gas purchase amount changes just as retail gas prices change. If you plan to buy less than $75 worth of gas, it is recommended that you give your card to the station attendant and state exactly how much gas you want to purchase, instead of swiping your card at the pump.
- When making a purchase greater than the face value of the Card, alert the cashier to utilize another form of payment to cover the amount greater than what is available on the Gift Card. Ask the cashier to use remaining balance of the Gift Card as the second form of payment.
Documentation of Transactions:
At the time of purchase, you will receive a receipt for the transaction. Retain the receipt for your records. You will also have access to statements, transactions and your balance history online at www.giftcards.com/account.
Disclosure of Information to Third Parties:
We will disclose information to third parties about your Card or a transaction that you make: where it is necessary for completing the transaction; in order to verify the existence and condition of your Card; in order to comply with government agency or court orders; in connection with examinations by banking authorities; for analytical purposes; if you give us written permission; and as otherwise permitted by law.
Disputes with Merchants:
You agree to make a good faith effort to settle all disputes about purchases you make using your Card with the merchant who accepted the card.
Your Liability for Card Use:
Tell us AT ONCE if you believe your Card has been lost or stolen. Telephoning is the best way of keeping your possible losses down. Call us toll free at 1-877-944-3822 or write to: GiftCards.com, LLC, 495 Mansfield Ave., Pittsburgh, PA 15205 or visit www.giftcards.com. If your Card is used in connection with an unauthorized transaction that was processed through the Visa Network, your liability will not exceed $0 if you reported the loss or theft of your Card and you did not act grossly negligent or fraudulently in handling your Card. We reserve the right to require an affidavit and conduct an investigation into the validity of any request.
Disclaimer of Liability:
In providing the Gift Card service to you, we disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. The issuer is not liable expressly for the following:
- If through no fault of ours, you do not have enough money on the Gift Card to cover the transaction; or
- If the transaction would exceed your Gift Card's available funds; or
- If the terminal or system was not working properly; or
- If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken; or
- If there are other exceptions stated in these Terms and Conditions or provided by law.
Expiration:
Your Card expires on the expiration date listed on the front of the Card, except where prohibited by law, or when the entire value has been exhausted, whichever comes first. All transactions will be declined. All fees continue to apply to cards on file that have expired.
Termination:
The Card shall remain our property after the card has been terminated. We may, at any time and without prior notice, cancel your Card and have you return the Card to us. You may terminate your Card by returning the Card to us. Termination of the Card will not affect prior transactions or obligations existing at the time of termination.
Amendment:
We can change these terms and conditions, including all fees, at any time, and such changes will be binding on you. If required by law, we will give you written notice of the change prior to the effective date of the change. However, if the change is made for security purposes or as a result of changes in fees, changes of costs imposed by any party other than us, we can implement it without prior notice. Your use of the Card constitutes acceptance of any amendment implemented by us.
Assignment:
You may not transfer or assign your Card rights to any other person without our prior written consent. We may assign our obligations to you under these Terms and Conditions without your consent or notice to you.
Severability/No Waiver:
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms and Conditions.
Governing Law:
These Terms and Conditions, the Gift Card and all transactions hereunder are subject to the laws of the State of Florida, the laws of the United States and Visa rules and regulations.
Notice of Errors:
If you think a receipt is wrong or you have a question concerning a Card transaction, call us toll free at 1-877-944-3822, or write to: GiftCards.com, LLC, 495 Mansfield Ave., Pittsburgh, PA 15205 or visit www.giftcards.com as soon as you can. We must hear from you no later than 60 days after the transaction date and you must provide the following information: a) your name and Gift Card number; b) a description of the error or the transaction you are unsure about and an explanation as to why you believe it is an error or why you need more information and c) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
Arbitration:
Any controversy or claim arising out of or relating to these Terms and Conditions or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you, or we, may seek any interim or preliminary relief from the court of competent jurisdiction in the State of Florida necessary to protect the rights or property of you or us (or our agents suppliers, and subcontractors) pending the completion of the arbitration.
WAIVER OF JURY TRIAL:
Each of the parties hereto expressly waives any right it may have to a trial by jury in any legal or court action commenced by any of the parties hereto to enforce, collect, defend, enjoin, or that otherwise relates to this agreement or any of the transactions herein described. Likewise, each party hereto waives any right to have a jury trial in any such legal or court action for any defense, claim of set-off, claim of recoupment, counterclaim or third party action asserted or raised in any such legal or court action. Any legal or court action relating to this agreement or the transactions herein described shall be tried exclusively to a court without a jury. Both parties of this agreement each specifically acknowledges that its execution of this waiver of jury trial is a material inducement for its entering into this agreement.
For additional help please visit our FAQ section at www.giftcards.com.
Mastercard Gift Card Cardholder Terms and Conditions
Acceptance of Terms:
These are the Terms and Conditions of your gift card. Please read them carefully and keep them for your records. Please sign your card immediately. In these Terms and Conditions, "Gift Card" and "Card" means the MasterCard Gift Card issued by CenterState Bank of Florida, NA, referred to as "Bank." The terms "we", "us" and "our" mean "Bank", our successors, affiliates or assigns and "you" and "your" mean anyone who has received the Gift Card or is authorized to use it. By accepting and using your Gift Card, you are agreeing to these Terms and Conditions. The Gift Card is not a credit card; it is a prepaid gift card. You can obtain additional information about the Gift Card at www.giftcards.com.
Your Gift Card:
The Gift Card is offered to individuals over the age of 18 that lawfully enter into and form contracts under applicable law, and by using the Gift Card you represent and warrant to us that you are such an individual. We, in our sole discretion may refuse to issue a Gift Card for any reason. The amount of funds shown on the records of the Bank shall be deemed the balance on the Gift Card, unless you can prove to us otherwise to our satisfaction in our sole discretion.
Card Access:
The Gift Card is a prepaid card that can be used anywhere MasterCard prepaid debit cards are accepted worldwide and as a MasterCard point-of-sale transaction. The Card cannot be used to access cash.
Card Limitations:
Your Card may not be resold. You must have sufficient, available funds to pay for all Gift Card transactions at merchants. If the purchase amount is greater than the available funds, the difference may be paid for with cash, check or credit or debit card, subject to the policy of the merchant. If the merchant attempts to process the Gift Card for more than the available funds, the transaction will be declined. You may confirm your available balance or transactions 24 hours a day, seven days a week at www.giftcards.com or by calling us toll free at 1-877-944-3822. You may only use your Gift Card in the manner and for the purposes described in these Terms and Conditions. Some merchants, including most restaurants and service establishments, have a policy of authorizing an amount up to 25% or more than your total purchase in order to cover any outstanding tip or gratuity that you may add to your purchase. The entire amount of these authorizations may remain unavailable on your Card for an average of eight (8) days and up to thirty (30) days. However, only the amount authorized by you will actually be deducted from the value of the Card. Any transaction attempted that exceeds the actual value of the Card will be declined, and you may be asked to provide an additional form of payment in order to cover the remainder of the transaction and/or gratuity. Your Card may not be used for illegal transactions or for any type of pre-authorized transaction such as recurring monthly payments, dues or fees, or installment payments.
Foreign Transactions:
Card transactions made in currencies other than U.S. Dollars will be converted to U.S. Dollars. The transaction will be converted by MasterCard International into a foreign dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date.
Service Charges:
After one year of inactivity on your Card, a monthly service fee of $4.95 will be deducted each month that your Card remains inactive. A replacement fee of $4.95 is charged for a lost or stolen Card.
Important things you need to know about your Gift Card:
Your signature is required for all in-person purchases. You can also make Internet or phone purchases with your card. You can access your balance and transaction history directly online at www.giftcards.com.
If you pay at the pump for gas, the card terminal in the "pay at the pump" stations automatically checks to see if your Gift Card has enough money left to pay for an average purchase of gas which varies among merchants and is at least $75. If your Gift Card does not have enough money to pay for this amount, your transaction will be declined. The average gas purchase amount changes just as retail gas prices change. If you plan to buy less than $75 worth of gas, it is recommended that you give your card to the station attendant and state exactly how much gas you want to purchase, instead of swiping your card at the pump. When making a purchase greater than the face value of the Card, alert the cashier to utilize another form of payment to cover the amount greater than what is available on the Gift Card. Ask the cashier to use remaining balance of the Gift Card as the second form of payment.
Documentation of Transactions:
At the time of purchase, you will receive a receipt for the transaction. Retain the receipt for your records. You will also have access to statements, transactions and your balance history online at www.giftcards.com/account.
Disclosure of Information to Third Parties:
We will disclose information to third parties about your Card or a transaction that you make: where it is necessary for completing the transaction; in order to verify the existence and condition of your Card; in order to comply with government agency or court orders; in connection with examinations by banking authorities; for analytical purposes; if you give us written permission; and as otherwise permitted by law.
Disputes with Merchants:
You agree to make a good faith effort to settle all disputes about purchases you make using your Card with the merchant who accepted the card.
Your Liability for Card Use:
Tell us AT ONCE if you believe your Card has been lost or stolen. Telephoning is the best way of keeping your possible losses down. Call us toll free at 1-877-944-3822 or write to: GiftCards.com, LLC, 495 Mansfield Ave., Pittsburgh, PA 15205 or visit www.giftcards.com. We reserve the right to require an affidavit and conduct an investigation into the validity of any request.
Disclaimer of Liability:
In providing the Gift Card service to you, we disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. The issuer is not liable expressly for the following:
If through no fault of ours, you do not have enough money on the Gift Card to cover the transaction; or
If the transaction would exceed your Gift Card's available funds; or
If the terminal or system was not working properly; or
If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken; or
If there are other exceptions stated in these Terms and Conditions or provided by law.
Expiration:
Your Card expires on the expiration date listed on the front of the Card, except where prohibited by law, or when the entire value has been exhausted, whichever comes first. All transactions will be declined. All fees continue to apply to cards on file that have expired.
Termination:
The Card shall remain our property after the card has been terminated. We may, at any time and without prior notice, cancel your Card and have you return the Card to us. You may terminate your Card by returning the Card to us. Termination of the Card will not affect prior transactions or obligations existing at the time of termination.
Amendment:
We can change these terms and conditions, including all fees, at any time, and such changes will be binding on you. If required by law, we will give you written notice of the change prior to the effective date of the change. However, if the change is made for security purposes or as a result of changes in fees, changes of costs imposed by any party other than us, we can implement it without prior notice. Your use of the Card constitutes acceptance of any amendment implemented by us.
Assignment:
You may not transfer or assign your Card rights to any other person without our prior written consent. We may assign our obligations to you under these Terms and Conditions without your consent or notice to you.
Severability/No Waiver:
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms and Conditions.
Governing Law:
These Terms and Conditions, the Gift Card and all transactions hereunder are subject to the laws of the State of Florida, the laws of the United States and MasterCard rules and regulations.
Notice of Errors:
If you think a receipt is wrong or you have a question concerning a Card transaction, call us toll free at 1-877-944-3822 , or write to: GiftCards.com, LLC, 495 Mansfield Ave., Pittsburgh, PA 15205 or visit www.giftcards.com as soon as you can. We must hear from you no later than 60 days after the transaction date and you must provide the following information: a) your name and Gift Card number; b) a description of the error or the transaction you are unsure about and an explanation as to why you believe it is an error or why you need more information and c) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
Arbitration:
Any controversy or claim arising out of or relating to these Terms and Conditions or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you, or we, may seek any interim or preliminary relief from the court of competent jurisdiction in the State of Florida necessary to protect the rights or property of you or us (or our agents suppliers, and subcontractors) pending the completion of the arbitration.
WAIVER OF JURY TRIAL:
Each of the parties hereto expressly waives any right it may have to a trial by jury in any legal or court action commenced by any of the parties hereto to enforce, collect, defend, enjoin, or that otherwise relates to this agreement or any of the transactions herein described. Likewise, each party hereto waives any right to have a jury trial in any such legal or court action for any defense, claim of set-off, claim of recoupment, counterclaim or third party action asserted or raised in any such legal or court action. Any legal or court action relating to this agreement or the transactions herein described shall be tried exclusively to a court without a jury. Both parties of this agreement each specifically acknowledges that its execution of this waiver of jury trial is a material inducement for its entering into this agreement.
For additional help please visit our FAQ section at www.giftcards.com
Virtual Gift Terms and Conditions
*For all merchant cards, please refer to the merchant for their Terms and Conditions.
GiftCards.com Visa� Virtual Gift Terms and Conditions
Please read this GiftCards.com Virtual Gift Agreement carefully and print it for future reference. The GiftCards.com Virtual Gift Account "Virtual Gift" is a prepaid Visa virtual gift account. Signifying your consent to these terms and conditions, using the GiftCards.com Virtual Gift, or allowing someone else to use the GiftCards.com Virtual Gift means that you accept this Agreement and you are responsible for all transactions. In this Agreement, the terms "we", "us", and "our" mean CenterState Bank of Florida, NA, referred to as "Bank". "You" or "Your" mean anyone who has opened the GiftCards.com Virtual Gift or is authorized to use it. Keep a record of your GiftCards.com Virtual Gift number. By accepting and using your GiftCards.com Virtual Gift, you are agreeing to these Terms and Conditions. The GiftCards.com Virtual Gift is not a credit card. It is a prepaid debit Virtual Gift account that can be used online or for telephone orders only. GiftCards.com Virtual Gift holders can obtain additional information about the Virtual Gift at http://www.giftcards.com.
Your GiftCards.com Virtual Gift:
The Virtual Gift is offered to individuals over the age of 18 that lawfully enter into and form contracts under applicable law, and by using the Virtual Gift you represent and warrant to us that you are such an individual. We, in our sole discretion may refuse to issue a Virtual Gift for any reason. The amount of funds shown on the records of the Bank shall be deemed the balance on the Virtual Gift, unless you can prove to us otherwise to our satisfaction in our sole discretion.
Virtual Gift Access:
The Virtual Gift may be used when making purchases on the Internet and by telephone from any merchant that accepts Visa debit accounts. The Virtual Gift may not be refunded or exchanged for cash, cash equivalents (such as money orders or travelers checks), or credit. At the time of each purchase using the Virtual Gift, the dollar amount of the purchase will be deducted from the balance of the Virtual Gift. Some merchants may perform a "pre-authorization" to validate the Virtual Gift before completing a purchase transaction. The amount of the pre-authorization will remain unavailable until a transaction in the same amount is posted to the Virtual Gift or for 3 business days, whichever is sooner. As a result, pre-authorizations may cause the "available" balance of your Virtual Gift to be lower than the actual balance. Your Virtual Gift may not be used for illegal transactions or for any type of pre-authorized transaction such as recurring monthly payments, dues or fees.
Virtual Gift Limitations:
You must have sufficient, available funds to pay for all Virtual Gift transactions. If the merchant attempts to process the Virtual Gift for more than the available funds, the transaction will be declined. You may confirm your available balance or transactions 24 hours a day, seven days a week at www.giftcards.com or by calling us toll free at 1-877-944-3822. You may only use your Virtual Gift in the manner and for the purposes described in these Terms and Conditions. The Virtual Gift cannot be used at any online gambling websites.
Service Charges:
After 12 months of inactivity on your Virtual Gift, a $4.95 service will be deducted from your account balance each month that the Virtual Gift remains inactive. A $4.95 fee will be assessed to replace a lost or stolen Virtual Gift. Your Virtual Gift expires 7 years from the date the Virtual Gift was issued. If your Virtual Gift balance is zero or becomes zero, the Virtual Gift will be closed.
Documentation of Transactions:
At the time of purchase, you will receive an email receipt for the transaction. Retain the receipt for your records. You will also have access to statements, transactions and your balance history, which is accessible in your account on line at www.giftcards.com/account.
Disclosure of Information to Third Parties:
We will not disclose information to third parties about your Virtual Gift or a transaction that you make unless: it is necessary for completing the transaction; in order to verify the existence and condition of your Virtual Gift; in order to comply with government agency or court orders; in connection with examinations by banking authorities; for analytical purposes; and as otherwise permitted by law.
Disputes with Merchants:
You agree to make a good faith effort to settle all disputes about purchases you make using your Virtual Gift with the merchant who accepted the Virtual Gift.
Your Liability for the Virtual Gift:
Tell us AT ONCE if you believe your Virtual Gift account number has been lost or stolen. Telephoning is the best way of keeping your possible losses down. Call us toll free at 1-877-944-3822 or write to: GiftCards.com, 495 Mansfield Ave. Pittsburgh, PA 15205, or visit www.giftcards.com. We reserve the right to require an affidavit and conduct an investigation into the validity of any request.
Disclaimer of Liability:
In providing the GiftCards.com Virtual Gift service to you, we disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. The issuer is not liable expressly for the following:
- If through no fault of ours, VirtualGift recipient does not have enough money on the VirtualGift to cover the transaction; or
- If the transaction would exceed the recipients available funds; or
- If the online/phone terminal or system was not working properly; or
- If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken; or
- If there are other exceptions stated in these Terms and Conditions or provided by law.
Expiration:
Your Virtual Gift expires 7 years from the date of issue, except where prohibited by law, or when the entire value has been exhausted, whichever comes first. After the Virtual Gift has expired, it is no longer valid. All transactions will be declined.
Termination:
The Virtual Gift shall remain our property. We may, at any time and without prior notice, cancel your Virtual Gift. You may terminate your Virtual Gift by contacting us. Termination of the Virtual Gift will not affect prior transactions or obligations existing at the time of termination.
Amendment:
We can change these terms and conditions, including all fees, at any time, and such changes will be binding on you. If required by law, we will give you written notice of the change prior to the effective date of the change. However, if the change is made for security purposes or as a result of changes in fees, changes or costs imposed by any party other than us, we can implement it without prior notice. Your use of the Virtual Gift constitutes acceptance of any amendment implemented by us.
Assignment:
You may not transfer or assign your Virtual Gift rights to any other person without our prior written consent. We may assign our obligations to you under these Terms and Conditions without your consent or notice to you.
Severability/No Waiver:
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms and Conditions.
Governing Law:
These Terms and Conditions, the Virtual Gift and all transactions hereunder are subject to the laws of the State of Florida, the laws of the United States and Visa rules and regulations.
Notice of Errors:
If you think a receipt is wrong or you have a question concerning a Virtual Gift transaction, call us toll free at 1-877-944-3822, or write to: GiftCards.com, 495 Mansfield Ave., Pittsburgh, PA 15205, or visit www.giftcards.com as soon as you can. We must hear from you no later than 60 days after the transaction date and you must provide the following information: a) your name and Virtual Gift account number; b) a description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information c) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
Arbitration:
Any controversy or claim arising out of or relating to these Terms and Conditions or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from the court of competent jurisdiction in the State of Florida necessary to protect the rights or property of you or us (or our agents suppliers, and subcontractors) pending the completion of the arbitration.
WAIVER OF JURY TRIAL:
Each of the parties hereto expressly waives any right it may have to a trial by jury in any legal or court action commenced by any of the parties hereto to enforce, collect, defend, enjoin, or that otherwise relates to this agreement or any of the transactions herein described. Likewise, each party hereto waives any right to have a jury trial in any such legal or court action for any defense, claim of set-off, claim of recoupment, counterclaim or third party action asserted or raised in any such legal or court action. Any legal or court action relating to this agreement or the transactions herein described shall be tried exclusively to a court without a jury. Both parties of this agreement each specifically acknowledges that its execution of this waiver of jury trial is a material inducement for its entering into this agreement.
If you obtain your funds (or make a purchase) in a currency other than the currency in which your Virtual Gift was issued, the amount deducted from your funds will be converted by Visa U.S.A., Inc. into an amount in the currency of your Virtual Gift. The exchange rate between the transaction currency and billing currency used for processing international transactions is a rate selected by Visa U.S.A., Inc. from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa U.S.A., Inc. itself receives, or the government-mandated rate in effect for the applicable central processing date.
Terms and Conditions Applicable to PicPaid Services (the "Services")
*For all merchant cards, please refer to the merchant for their Terms and Conditions.
Any content provided to Giftcards.com in connection with the Services shall be hereinafter referred to as "User Generated Content."
GiftCards.com requires a license to your User Generated Content so that it can host your images and other User Generated Content on its servers and otherwise perform the Services. By uploading your images and/or content ("User Generated Content") to the Site, you grant the Company and its affiliates and related entities, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Generated Content, in any form, format, or medium, of any kind now known or later developed. By uploading or sharing any User Generated Content with the Company, you further represent and warrant that: (a) You are the original author or creator of the User Generated Content and/or have full copyright, title and interest in and to any User Generated Content, (b) You have the full power and authority to upload and/or share the User Generated Content on the Sites, (c) the use of any element of the User Generated Content will not violate or infringe upon the trademarks, trade names, copyrights, patents, rights or privacy or publicity or any other personal or proprietary rights of any person or entity, and will not defame or libel any person or entity, and (d) You will not submit material that is, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Purpose and Description of Services
GiftCards.com provides you with the ability to host a variety of content, including but not limited to images for purposes electronic publishing and sharing of those pictures with other GiftCards.com customers. Any additions or modifications to the Services shall be in the sole discretion of GiftCards.com and will be subject to these General Terms of Use and Legal Policy. You are solely responsible for any fees, charges and expenses incurred by you in accessing and using the Services. GiftCards.com uses reasonable efforts to ensure that the Services are available on a 24/7 basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of GiftCards.com. By using the Services, you agree that GiftCards.com shall not be liable to you for any modification, suspension or discontinuance of the Services or the loss of any User Generated Content.
GiftCards.com attempts to maintain a website that is absent of offensive, indecent or objectionable content. You understand that by using GiftCards.com, you agree to not provide this type of content. Under no circumstances will GiftCards.com be liable in any way for any User Generated Content, including, but not limited to, the subject matter of any User Generated Content, any errors or omissions in any User Generated Content, or for any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available via GiftCards.com. GiftCards.com has the right to syndicate your User Generated Content with third parties without your permission.
Compensation for Image Sales
GiftCards.com will pay to you a fee per image that is purchased by a customer of GiftCards.com, through the Services. The fees paid from GiftCards.com to you are based on the published fee schedule on the PicPaid Services section of GiftCards.com. This fee can change from time to time, at the sole discretion of GiftCards.com. In the circumstances where the fees change, you will be notified by email, and you have the option of removing your images from the PicPaid program if you do not agree with the amended posted fee schedule. You are paid by GiftCards.com for images purchased by consumers on a monthly basis. You must click on the 'Pay Me' option within your account when you want a check to be sent to you. If you do not click the Pay Me link, then GiftCards.com will mail checks to you after a minimum of $20.00 has accumulated in your account. Any funds due to you as part of the PicPaid Service will be forfeited if not claimed by you within one year of earning such funds.
Restrictions on the use of the Services
By using the Services you agree that you will not:
a. Use the Services for any illegal purpose;
b. Upload or otherwise transmit any User Generated Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. GiftCards.com does not control User Generated Content of users' accounts and does not have any obligation to monitor such content for any purpose. However, GiftCards.com may choose to monitor such User Generated Content any time in its sole discretion. You acknowledge that you are solely responsible for all content and material you provide to the Service;
c. Upload or otherwise transmit any User Generated Content that you do not have the lawful right to transmit (including any User Generated Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Generated Content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or User Generated Content that would violate the right of privacy or publicity of any public or non-public persons;
d. Upload or otherwise transmit any User Generated Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", pyramid schemes", or any other form of solicitation;
e. Upload or otherwise transmit any User Generated Content that includes code hidden or otherwise contained within the images of any content unrelated to the image files hidden within the file structure of the image;
f. Upload or otherwise transmit any User Generated Content that is for the promotion of products or services through direct advertisements for the purpose of commercial profit, without, first attaining the permission of GiftCards.com. This includes, but not limited to, email spam and banner advertisements;
g. Use the Services in any way for the furtherance of a commercial enterprise;
h. Permit any third parties to use your account for their own behalf. For example, you may not encourage others to use your GiftCards.com account for their images OR use the Services to host images which you encourage others to paste on third party sites. Your use of the Services should be limited solely on your own behalf; or
i. Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at www.GiftCards.com, and all linked pages to the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
j. Promote or drive traffic to image pages by means of autosurfing, autoclicking via bots or web scripts, iframes or click exchanges. GiftCards.com reserves the right at all times to terminate your account, and delete any and all User Generated Content at, in whole or in part, for any reason including, but not limited to, violations of these General Terms of Use and Legal Policy. If you do violate these General Terms of Use and Legal Policy, GiftCards.com reserves the right to share any information with any third party. In addition, GiftCards.com reserves the right at all times to disclose any User Generated Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.
Age Requirements and Limitations on Use of Services
Users of the Services must be at least 13 years of age. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by GiftCards.com. If GiftCards.com determines that it has collected personal information of children under the age of 13, GiftCards.com will immediately delete such information.
You are limited to one account. You are limited to the file size, bandwidth and storage limitations related to your account level. GiftCards.com reserves the right to disable direct linking on your account that are using excessive bandwidth or otherwise abusing the system. GiftCards.com has the right to change these limitations without notice to you. In addition, GiftCards.com reserves the right to terminate any account that has not been used for a period longer than 90 days.
Report Fraud
With the ever increasing prevalence of identity theft, credit card fraud and money laundering practices, Wolfe.com, LLC prides itself on its progressive fraud prevention system that has produced minimal fraud-related losses to both the company and, more importantly, the cardholder.
Our fraud prevention efforts are continuously improving. We have been in the gift card business for over ten years now and have seen it all when it comes to gift card related fraud. It seems, however, that fraudsters become more sophisticated as the e-commerce community grows, making it all the more necessary for merchants and cardholders to stay one step ahead of their scam tactics. We need your help in this fight. Should you come across any suspicious websites and/or e-mails that you suspect as being fraudulent, please report it to us immediately.
Common Scams in the Gift Card Industry:
- In-Store theft: This scenario involves the fraudster physically going into a store that sells gift cards, locating said gift cards, and documenting the gift card information (gift card number, CVV code and PIN) without actually making a purchase. The fraudster then waits until the compromised gift card's value has been loaded, at which time, he/she will proceed to use the gift card on-line where it is not necessary to physically have the card. The legitimate purchaser of the gift card is then left with a card that is stripped of its value. Merchants have become aware of this scam and have thereby included a scratchable PIN to their gift cards.
- Auction sites: This scam is becoming more and more common in the e-commerce community and presents itself in several forms. The fraudster in this case will sell gift cards on-line posing as a legitimate auction site. What the customer doesn't realize is that their purchased gift card is either counterfeit or contains a value load less than the represented amount.
- Discounted gift card sites: Beware of any gift card site that promises to sell merchant gift cards at a price significantly less than the actual value. One such site is http://giftcodes.us. These sites follow a fairly straightforward scheme: selling either a non-existent product or a product that does not match the customer's expectations. The customer believes they are getting a great deal on a merchant gift card, but come to find that the purchased card is either non-existent or contains a value load far less than that of which was represented. The solution? Buy from trusted sites like Giftcards.com, Plasticjungle.com and Giftcardrescue.com.
- Advance-fee fraud: This scheme, also known as a '419' scam, originates as a mass e-mail that is sent out to millions of random e-mail addresses. These fantastical e-mails are extremely easy to identify. The rule of thumb is this: if it seems too good to be true, then it probably is. While there are many different types of '419' scams, they all follow the same structure. The scammer is asking for assistance in a matter that could be financially beneficial in the long run. All the recipient would need to do is pay a small sum in return for a very large sum - which never comes. A common example is that the e-mail recipient has won a secret lottery and is now owed millions of dollars. All the recipient would need to do is pay a thousand dollars in 'shipping' fees in order to receive the prize. The shipping cost is paid and the recipient is left with a fictional claim to a million dollar prize.
- Charity-based scams: A scam has recently surfaced in which individuals are used as pawns in laundering money overseas by receiving and selling stolen gift cards.
Here is how it works: Individuals are contacted by fictional charities and asked for their assistance in forwarding money to the needy. These individuals are told that that they will receive gift cards in the mail and are then instructed to sell the gift cards on-line for cash. Once the cash is received, these individuals are instructed to forward the money to the fictional charity via money-gram services such as Western Union. Unbeknownst to them, the gift cards were illegally obtained and the money was forwarded directly into the scammer's pocket. One such example is www.everysoulcounts.com.
Special Terms & Conditions Applicable to OmniCard.com
OmniCard Prepaid General Purpose Reloadable Card Cardholder Agreement
1. Terms and Conditions for the OmniCard. This document constitutes the agreement ("Agreement") outlining the terms and conditions under which a MasterCard Prepaid Reloadable Card ("Card") has been issued to you. The Card is a prepaid card issued by CenterState Bank of Florida, NA ("Bank") pursuant to license by MasterCard International Incorporated. MasterCard is a registered trademark of MasterCard International Incorporated. By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement. Please sign your Card immediately. 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 CenterState Bank of Florida, NA, our successors, affiliates or assignees. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of Bank 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. This Card is a prepaid card. The Card allows you to access funds you place 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 a prepaid card loaded with a specific amount of funds; redeemable to buy goods and services anywhere MasterCard debit cards are accepted. The Card is NOT a credit card. The Card is not connected in any way to any other account and is not FDIC insured unless fully registered. You will not receive any interest on the available funds on your Card.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR ISSUING A CARD
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person requesting that we issue a prepaid card similar to the Card.
What this means for you: When you ask us to issue you a Card, we will ask for your name, address, date of birth, and other information that will allow us to identify you and any authorized user of the Card. We may also ask for your driver's license information or other identifying documentation.
3. Using Your Card
The maximum amount that can be spent on your Card per day is $2,000.00. The maximum value of your Card is restricted to $9,500. The maximum cash withdrawal per day is $200.00.
You may use your Card to obtain goods or services wherever the Card is honored. The Card cannot be used for illegal transactions or on-line gambling activity. Your use of the Card must at all times be in compliance with and subject to applicable laws, including the laws of the U.S. pertaining to anti-money laundering and anti-terrorism, and applicable MasterCard rules and regulations. The Card cannot be used in OFAC sanctioned countries. If you use your Card number without presenting your Card (such as for a mail order, telephone, or online purchase) your Card must be registered and, the legal effect will be the same as if you used the Card itself. Certain types of merchants, such as restaurants, gas stations, car rental agencies, and hotels, may obtain an authorization that exceeds the actual amount of your purchase. If the amount of an authorization exceeds the value remaining on your Card, the transactions may not be honored, even though the value remaining on your Card is sufficient to cover the actual amount of your purchase. If you use your Card at a gas pump, the station may assess up to a maximum $75 authorization hold regardless of the amount you charge for up to ten (10) days. If you use your card inside a gas station, then only the actual value of the purchase will be immediately deducted from your card. For security reasons, we may limit the amount or number of transactions you can make on your Card. You do not have the right to stop payment on any transaction made with your Card. Each time you use your Card, you authorize us to deduct the amount of the transaction from the balance of the funds associated with the Card. 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 and any applicable fees or charges. If you wish to use your Card for a purchase which is greater than the balance of the funds available on your Card, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card and then you must arrange to pay the difference using another payment method. The merchant may require payment for the difference in cash rather than accepting another card, such as a credit or debit card. Some merchants may not accept these "split transactions". If you fail to inform the merchant prior to completing the transaction, your Card is likely to be declined. If you commence a purchase and then change your mind and fail to make the purchase, after the merchant has already obtained an "authorization" for the transaction, the "authorization" may result in a temporary hold for that amount of funds for up to ten (10) days. We are not responsible for a merchant obtaining authorization for more than the available balance on the Card. International transactions may result in a temporary hold of funds for up to thirty (30) days. Car rental and hotel authorizations may result in a temporary hold on funds up to thirty (30) days.
4. Card Expiration.
Your Card is valid until the date embossed on the front of the Card (the "expiration date") or until the Card has been inactive for over 120 days and has a $0 balance at which time the Card will automatically expire. After the Card has expired, it is no longer valid, you will not be able to add funds to the Card and all transactions will be declined. If your card is active, you will automatically be issued a new Card a few weeks prior to its expiration date. If the new Card is returned to us due to an invalid address, it will become an "expired" Card for termination, fee, escheat and all other statutory and regulatory purposes. You agree to notify us of any change in address for Card reissuance, disclosure and other contact purposes.
5. Personal Identification Number ("PIN").
In order to protect your Card you will be assigned a temporary PIN and will be required to select your PIN when you activate your card online. A PIN enables you to withdraw cash at any locations associated with the brand networks on the back of the card. Do not write your PIN on your Card, or keep it with your card. If you believe someone obtained unauthorized access to your PIN, visit www.omnicard.com or call the number provided on the back of your card to set a new PIN and/or cancel the card and prevent further unauthorized transactions.
6. Loading and Reloading Your Card.
You may add funds to your Card up to ten times every 30 day period up to $9,500.00. Cash loads made at a retail load network location are limited to $950 per load, $950 per day, and $9,500 loaded per month. There are a maximum of 10 cash loads allowed per month. There is a $9,500.00 limit to the total balance on the Card. You agree to present the Card and any required identification when you add funds at a retail location. You will have access to your funds at the times specified below. Please note the load schedule varies with each deposit method:
- Direct Deposit: Same day as received by Bank
- Retail Load Networks: 24 - 48 hours
7. Lost/Stolen Cards
For lost or stolen cards, please call 1-866-353-4217.
8. 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. It may take up to [7] seven days for the amount of the refund to be credited to your Card.
9. 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.
10. International Transactions.
You may use the Card for purchases from foreign merchants (i.e., a merchant outside the U.S.). MasterCard will convert to U.S. dollars the purchase transaction made through use of the Card in a currency other than U.S. dollars. The conversion will be pursuant to applicable MasterCard regulations in effect from time to time. Currently, the exchange rate between the transaction currency and the billing currency used for processing international transactions is (i) a rate selected by MasterCard from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate MasterCard itself receives, or (ii) the government-mandated rate in effect for the applicable central processing date, plus a processing fee of 2% in each case. We will reduce the available balance on the Card by the total amount of the transaction in U.S. dollars. The exchange rate may differ from the rate in effect on the date of your purchase transaction.
11. Our Liability for Failure to Complete Transactions
We will not be liable: If, through no fault of ours, you do not have enough funds available on your Card to complete the transaction; If a merchant refuses to accept your Card; If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; If access to your Card has been blocked after you reported your Card 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; If an ATM where you are making a withdrawal does not have enough cash or if that ATM malfunctions or the ATM owner fails to perform its obligations pertaining to the cash withdrawal; If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; If we have reason to believe the requested transaction is unauthorized; Any other exception stated in our Agreement with you.
12. Accessing Information.
You may obtain transaction and balance information, and print periodic statements by accessing www.omnicard.com or by calling the number on the back of your card.
13. Your Liability for Unauthorized Transactions
You agree to safeguard the Card and treat it like cash The Card can be replaced if it is lost or stolen, with certain restrictions. You should call the number provided on the back of your card or go to www.omnicard.com immediately to dispute a charge or report a lost or stolen Card. You will be required to provide your name, the Card number, original value, and transaction history. We reserve the right to require an affidavit and conduct an investigation into the validity of any request. If you do not contact us immediately, you may lose all the money in your account (plus the maximum overdraft line of credit, if applicable). If you notify us within two business days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two business days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.00. We reserve the right to require an affidavit and conduct an investigation into the validity of any request. You will not be liable for transactions identified by us as unauthorized. Disputes: You acknowledge that purchases made with prepaid cards, such as the General Purpose Card, are similar to those made with cash. You cannot "stop payment" or lodge a "billing dispute" on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant. You will not be liable for transactions identified by us as unauthorized.
14. No Warranty Regarding Goods and Services or Uninterrupted Use
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. From time to time the Card service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about your balance. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
15. Assignment.
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement.
16. Governance.
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 any time. 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 Card is issued by CenterState Bank of Florida, NA pursuant to a license from MasterCard. This Agreement will be governed by the law of the State of Florida except to the extent governed by federal law.
17. 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.
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. Upon repossession, revocation, cancellation or closing of the Card, if we have your mailing address, we will send you a check for any remaining available funds, less the amount of any outstanding transactions and less applicable service charges and fees. This will usually take six to eight weeks.
18. Unclaimed Property
If you have not requested a refund of the remaining available funds on an expired or repossessed, revoked, cancelled or closed Card, or made contact with us regarding your Card and any remaining available funds within statutory prescribed periods applicable to unclaimed property, the available balance on your Card may become unclaimed property subject to escheat to the State of your last known address, as shown on our records. If we do not have your address, in disposing of any remaining available funds on your Card after a period of inactivity or dormancy, unless otherwise required by applicable law, we will adhere to the laws of the State of Florida pertaining to the disposition of unclaimed property.
19. Privacy and Data Protection
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, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number.
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. Disclosure: We may use Cardholder Information to provide customer services, to process claims for lost or stolen Cards, 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 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.
20. Telephone Monitoring/Recording
We may periodically monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
21. Arbitration
Any controversy or claim arising out of or relating to these Terms and Conditions or the provision of services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from the court of competent jurisdiction in the State of Florida necessary to protect the rights or property of you or us (or our agents suppliers, and subcontractors) pending the completion of the arbitration.
22. Waiver of Jury Trial.
We and you each expressly waive any right either may have to a trial by jury in any legal action or other proceeding pertaining to any controversy or claim between you and us arising out of or relating to the Card, including those pertaining to these Terms and Conditions or our provision of services relative to the Card. This waiver of a trial by jury and the above agreement to arbitrate all controversies and claims on an individual basis and not as a class or group, is material inducement to the issuance of the Card by us to you and your acceptance of and use of the Card.
23. Fees Charged to the Card.
If there is a change in fees, we will give you written notice of the change prior to the effective date of the change. However, if the change is made for security purposes or changes of costs imposed by any party other than us, we can implement it without prior notice. Your use of the Card constitutes acceptance of any amendment implemented by us. Fees and charges will be deducted from your available balance when they occur. We will not provide you prior notice of any deductions of service charges or fees. It is possible for service fees and charges to consume the available funds on your Card prior to the expiration date of your Card.
Subject to applicable law the following fees will be charged.
SERVICE |
DESCRIPTION |
FEE |
Card Issue Fee |
Initial fee charged for the issuance of the card |
$2.95 |
Monthly Maintenance Fee - Includes unlimited OmniCard website access |
Maintenance fee charged each month to unexpired card accounts |
$2.95 |
Employer Value Loads |
Funds being loaded from a funding account to the card account for access by cardholder |
FREE |
Consumer Value Load - merchant |
Funds loaded through merchant locations using MasterCard or other approved loading networks |
FREE, but subject to merchant fees if applicable |
ATM Withdrawal - US |
ATM Cash withdrawal initiated in the United States. Does not include ATM owner surcharges. |
$1.95 |
ATM withdrawal - Outside of US |
ATM cash withdrawal initiated outside the United States. Does not include ATM owner surcharges. |
$2.50 |
Cash Advance over the counter in bank |
Cash advance in a bank branch and subject to bank rules |
$4.00 each |
ATM balance inquiry |
ATM inquiry for current balance (both US and internationally) |
$1.00 |
MasterCard Signature Transactions |
MasterCard merchant POS signature, online and phone transactions |
FREE |
PIN Transactions |
MasterCard transactions at merchant where PIN is used |
FREE |
ATM Decline |
Any ATM cash withdrawal transaction resulting in a decline |
$0.40 |
Foreign Exchange Fee |
Fee to make a signature transaction outside of the United States |
2% of the purchase value |
Lost/Stolen card replacement |
Replacing a card that has been lost or stolen |
$4.95 |
Express shipment of card |
Shipping the card to arrive within 2 days by courier |
$29.95 |
Statement printed and mailed |
Printing and mailing a statement at the cardholder's request |
$10.00 |
IVR and Live Operator Calls |
Calls to customer OmniCard customer support |
FREE |
Card to Card Transfer (if available) |
Transferring funds from one active OmniCard to another |
$1.00 |
Fees and charges will be deducted from your available balance when they occur. We will not provide you prior notice of any deductions of service charges or fees. It is possible for service fees and charges to consume the available funds on your Card prior to the expiration date of your Card. If you use an ATM not owned by us for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal. This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us. This ATM fee amount will be charged to your Card.
