CUSTOMER SERVICE CONTACT INFORMATION:
Address: 1221 W. 103rd Street, #256, Kansas City, Missouri 64114
Phone Number: 1.800.755.8713
(1) Give this document to the recipient of the gift card for any future
questions or issues.
(2) Please read carefully. This agreement contains an Arbitration
Clause requiring all claims to be resolved by way of binding
(3) Always know the exact dollar amount available on your card.
Merchants may not have access to determine your card balance.
(4) If you do not agree to these terms, do not use the card, save your
receipt, and cancel the card within 60 days of purchase by calling
customer service and requesting a refund check.
FEES AND EXPIRATION:
Maintenance Fee: $2.50. Subject to applicable law, beginning the 13th
consecutive month after there has been no activity on your Card, a
monthly maintenance fee will be assessed to your Card as long as there
are funds remaining and no activity occurs. Such fees may diminish the
Card balance before the “valid thru” date on the front of the Card. You
may avoid this fee by using your Card at least once every twelve months.
Lost/Stolen Card Replacement Fee: $5.00
Replacement Card at Expiration: There is no additional cost to obtain a
replacement Card due to expiration.
This Cardholder Agreement (“Agreement”) sets forth the terms and
conditions under which a Gift Card (“Card”) has been issued to you by
MetaBank®. By accepting and using this Card, signing the back of the
Card, activating the Card, or authorizing any person to use the Card, you
agree to be bound by the terms and conditions contained in this Agreement.
In this Agreement “You” and “your” mean the person or persons who have
received the Card and are authorized to use the Card. “We,” “us,” and
“our” mean collectively, MetaBank, a federally-chartered savings bank,
member FDIC, and its divisions or assignees, and also includes, unless
otherwise indicated, our Program Manager. “Program Manager” refers to
EML Payments USA, LLC, who performs certain services related to your
Card on MetaBank’s behalf. You should sign the back of the Card
immediately upon receipt. The Card may be canceled or revoked at any
time without prior notice, subject to applicable law. Please read this
Agreement carefully and keep it for future reference. This Agreement
applies to both the purchaser and any other user of the Card. It is the
purchaser’s obligation to provide these terms and conditions to any user;
however, new terms and conditions may be provided, or any other
questions or concerns answered, by contacting Customer Service.
1. ABOUT YOUR CARD
The Card is a prepaid Card loaded with a specific amount of funds,
redeemable to buy goods and services at participating merchants ONLY.
No additional funds may be added to this Card.. The Card is NOT a credit
Card. The Card is not a checking account or connected in any way to any
account other than a stored value account where your funds are held. If
you have registered your Card, the funds will be insured by the Federal
Deposit Insurance Corporation (“FDIC”), subject to applicable limitations
and restrictions of such insurance. You may register your Card by logging
2. USING YOUR CARD
a. Accessing Funds and Limitations
You may use your Card at participating merchants only. (For a list of
participating merchants, visit the website, which may be identified on the Card.)
Each time you use your Card, you authorize us to reduce the value
available on your Card by the amount of the transaction. Your Card cannot
be: (1) redeemed for its cash value; (2) used to obtain cash in any
transaction; (3) used for illegal transactions; (4) used to make foreign
transactions; or (5) used for purchases where recurring payments may
occur, such as subscriptions, memberships, rentals, etc. For security
reasons, we may limit the amount or number of transactions you can make
on your Card. We may refuse to process any transaction that we believe
may violate the terms of this Agreement. 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 will remain fully
liable to us for the amount of the transaction. If you do not have enough
funds available on your Card, you may be able to instruct the merchant
perform a “split transaction” to charge part of the purchase to the Card and
pay the remaining amount with another form of payment.
Your card is valid in the U.S. only. It cannot be used at merchants outside
of the United States, including internet and mail/telephone order merchants
outside of the United States.
b. Obtaining Card Balance Information
You may obtain information about the amount of money you have remaining
on your Card at no charge by contacting Customer Service at
1.800.755.8713. This information, along with a 60-day history of Card
transactions, is also available online by visiting www.getmybalance.com.
c. Authorization Holds
You do not have the right to stop payment on any purchase transaction
originated by use of your Card. With certain types of purchases (such as
those made at restaurants, hotels, or similar purchases), your Card may be
“preauthorized” for an amount greater than the transaction amount to cover
gratuity or incidental expenses. Any preauthorization amount will place a
“hold” on your available funds until the merchant sends us the final payment
amount of your purchase. Once the final payment amount is received, the
preauthorization amount on hold will be removed. During this time, you will
not have access to preauthorized amounts. If you authorize a transaction
and then fail to make a purchase of that item as planned, the approval may
result in a hold for that amount of funds.
d. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained
with your Card, the return and refund will be handled by the merchant. If
the merchant credits your Card, the credit may not be immediately
available. While merchant refunds post as soon as they are received,
please note that we have no control over when a merchant sends a credit
transaction and the refund may not be available for a number of days after
the date the refund transaction occurs.
You may wish to retain receipts as a record of transactions. You may need
a receipt in order to verify a transaction with us or the merchant.
3. REPLACEMENT CARD
If you need to replace your Card for any reason, please contact
Customer Service. See the table above for applicable fees. Please note
that your Card has a “Valid Thru” date on the front of the Card. You may not
use the Card after the “Valid Thru” date. However, even if the “Valid Thru”
date has passed, the available funds on your Card do not expire. You will
not be charged a fee for replacement cards that we send due to expiration
of the Card.
You agree that we may monitor and record any calls or other
communications between us and you. You also agree that we or our service
providers may contact you by using an automated dialing or email system,
by text, or artificial or recorded voice. You agree to pay any service charges
assessed by your plan provider for communications we send or make to you
or that you send or make to us.
5. UNAUTHORIZED TRANSACTIONS
a. Contact Customer Service Immediately
If you believe your Card has been lost or stolen or an unauthorized
transaction has been made using the information from your Card without
your permission, contact Customer Service IMMEDIATELY. We will ask for
the Card number and other identifying details. Upon contacting us for any
lost/stolen card, your funds will be temporarily unavailable until you activate
your replacement card. We may not be able to assist you if you do not
have the Card number. We may not be able to assist you if you do not
contact us within 60 days of the unauthorized transaction. We will charge a
fee as noted in the fee table above (subject to applicable law) for any
lost/stolen Card, which will be deducted from the balance on the Card. A
reissued Card may take up to 30 days to process.
6. NO WARRANTIES AND LIMITATION OF LIABILITY
We are not responsible for the quality, safety, legality, or any other aspect of
any goods or services purchased with a Card. Further, we will not be liable:
(1) If, through no fault of ours, you do not have enough funds available on
your Card to complete the transaction; (2) If a merchant refuses to accept
your Card; (3) If an electronic terminal where you are making a transaction
does not operate properly; (4) If access to your Card has been blocked after
you reported your Card lost or stolen; (5) If circumstances beyond our
control (such as fire, flood or computer or communication failure) prevent
the completion of the transaction; or (6) If there is a hold or your funds are
subject to legal process or other encumbrance restricting their use; (7) If we
have reason to believe the requested transaction is unauthorized; (8) For
any other exception stated in our Agreement with you.
7. LEGAL NOTICES
a. English Language Controls
Translations of this Agreement that may have been provided are for your
convenience only and may not accurately reflect the original English
meaning. The meanings of terms, conditions, and representations herein
are subject to definitions and interpretations in the English language.
You may not assign or transfer your Card or your obligations under this
Agreement. We may, however, transfer or assign our rights under this
Agreement, including any balances in your Card.
c. Other Terms
You will be notified of any change to this Agreement in the manner required
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 do not waive our rights by delaying or failing to
exercise them at any time (for example, assessing a fee less than
described, or not all, for any reason does not waive our right to begin
charging the fee as set forth in this Agreement without notice). If any
provision of this Agreement is determined to be invalid or unenforceable
under any rule, law, or regulation of any governmental agency, local, state,
or federal, the validity or enforceability of any other provision of this
Agreement will not be affected. This Agreement will be governed by the law
of the state of South Dakota except to the extent governed by federal law.
Should your Card have a remaining balance after a certain period of
inactivity, we may be required to remit the remaining funds to the
appropriate state agency.
We may provide information to our employees, auditors, affiliates, service
providers, or attorneys as needed, or to any third party if you give us your
written permission. We may also collect: (1) Information about purchases
made with the Card, such as date of purchase, amount and place of
purchase; (2) Information you provide to us when you register a Card, or for
replacement Cards, or when you contact us with customer service issues,
such as name, address, phone number.
We may also disclose information about your Card or the transactions you
make to third parties in order to: (1) complete transactions; (2) verify the
existence and condition of your Card for a third party, such as merchant; (3)
provide customer services; (4) process claims for lost or stolen Cards; (5)
help protect against fraud and to conduct research and analysis; or
(6) comply with government agency or court orders, or other legal reporting
9. JURY TRIAL WAIVER
You and we acknowledge that the right to trial by jury is a
constitutional right but may be waived in certain circumstances. To
the extent permitted by law, you and we knowingly and voluntarily
waive any right to trial by jury in the event of litigation arising out of or
related to this agreement. This jury trial waiver will not affect or be
interpreted as modifying in any fashion the arbitration clause set forth
in the following section, which contains its own jury trial waiver.
10. ARBITRATION CLAUSE
We have put this Arbitration Clause in question and answer form to make it
easier to follow. However, this Arbitration Clause is part of this Agreement
and is legally binding. For purposes of this section, our “Notice Address”
is: MetaBank, Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls,
Background and Scope.
What is arbitration? An alternative to court
In arbitration, a third party arbitrator (“Arbitrator”) solves Disputes in an informal
Is it different from court and jury
The hearing is private. There is no jury. It is usually less formal, faster
and less expensive than a lawsuit. Pre-hearing fact finding is limited.
Appeals are limited. Courts rarely overturn arbitration awards.
Can you opt-out of this Dispute
Clause? Yes, within 60 days
If you do not want this Dispute Clause to apply, you must send us a signed notice
within 60 calendar days after you purchase the Card. You must send the notice in
writing (and not electronically) to our Notice Address. Provide your name, address
and Card number. State that you “opt out” of the dispute clause.
What is this Dispute Clause about? The parties’ agreement to arbitrate
Unless prohibited by applicable law and unless you opt out, you and we agree
that you or we may elect to arbitrate or require arbitration of any “Dispute” as
Who does the Dispute Clause cover? You, us and certain “Related Parties”
This Dispute Clause governs you and us. It also covers certain “Related Parties”:
(1) our parents, subsidiaries and affiliates; (2) our employees, directors, officers,
shareholders, members and representatives; and (3) any person or company that
is involved in a Dispute you pursue at the same time you pursue a related Dispute
What Disputes does the Dispute
All Disputes (except certain Disputes
about this Dispute Clause)
This Dispute Clause governs all “Disputes” that would usually be decided in court
and are between us (or any Related Party) and you. In this Dispute Clause, the
word “Disputes” has the broadest reasonable meaning. It includes all claims even
indirectly related to your Card or this Agreement. It includes claims related to the
validity in general of this Agreement. However, it does not include disputes about
the validity, coverage or scope of this Dispute Clause or any part of this Dispute
Clause. (This includes a Dispute about the rule against class arbitration.) All such
disputes are for a court and not an Arbitrator to decide.
Who handles the arbitration? Usually AAA or JAMS
Arbitrations are conducted under this Dispute Clause and the rules of the
arbitration administrator in effect when the arbitration is started. However,
arbitration rules that conflict with this Dispute Clause do not apply. The arbitration
administrator will be either: (1) The American Arbitration Association (“AAA”),
1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org; (2) JAMS, 620
Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com; or (3) Any
other company picked by agreement of the parties.
If all the above options are unavailable, a court will pick the administrator. No
arbitration may be administered without our consent by any administrator that
would permit a class arbitration under this Dispute Clause. The arbitrator will be
selected under the administrator’s rules. However, the arbitrator must be a lawyer
with at least ten years of experience or a retired judge unless you and we
Can Disputes be litigated? Sometimes
Either party may bring a lawsuit if the other party does not demand arbitration. We
will not demand arbitration of any lawsuit you bring as an individual action in
small-claims court. However, we may demand arbitration of any appeal of a
small-claims decision or any small-claims action brought on a class basis.
Are you giving up any rights? Yes
For Disputes subject to this Dispute Clause, you give up your right to: (1) Have
juries decide Disputes; (2) Have courts, other than small-claims courts, decide
Disputes; (3) Serve as a private attorney general or in a representative capacity;
(4) Join a Dispute you have with a dispute by other consumers; or (5) Bring or be
a class member in a class action or class arbitration. We also give up the right to
a jury trial and to have courts decide Disputes you wish to arbitrate.
Can you or another consumer start a
class arbitration? No
The Arbitrator is not allowed to handle any Dispute on a class or representative
basis. All Disputes subject to this Dispute Clause must be decided in an individual
arbitration or an individual small-claims action. This Dispute Clause will be void if
a court rules that the Arbitrator can decide a Dispute on a class basis and the
court’s ruling is not reversed on appeal.
What law applies? The Federal Arbitration Act (“FAA”)
This Agreement and the Cards involve interstate commerce. Thus, the FAA
governs this Dispute Clause. The Arbitrator must apply substantive law consistent
with the FAA. The Arbitrator must honor statutes of limitation and privilege rights.
Punitive damages are governed by the constitutional standards that apply in
Will anything I do make this Dispute
Clause ineffective? No
This Dispute Clause stays in force even if: (1) you or we end this Agreement; or
(2) we transfer or assign our rights under this Agreement.
What must a party do before starting
a lawsuit or arbitration?
Send a written Dispute notice and work
to resolve the Dispute
Before starting a lawsuit or arbitration, the complaining party must give the other
party written notice of the Dispute. The notice must explain in reasonable detail
the nature of the Dispute and any supporting facts. If you are the complaining
party, you must send the notice in writing (and not electronically) to our Notice
Address. You or an attorney you have personally hired must sign the notice and
must provide the Card number and a phone number where you (or your attorney)
can be reached. A letter from us to you will serve as our written notice of a
Dispute. Once a Dispute notice is sent, the complaining party must give the other
party a reasonable opportunity over the next 30 days to resolve the Dispute on an
How does an arbitration start? Mailing a notice
If the parties do not reach an agreement to resolve the Dispute within 30 days
after notice of the Dispute is received, the complaining party may commence a
lawsuit or an arbitration, subject to the terms of this Dispute Clause. To start an
arbitration, the complaining party picks the administrator and follows the
administrator’s rules. If one party begins or threatens a lawsuit, the other party
can demand arbitration. This demand can be made in court papers. It can be
made if a party begins a lawsuit on an individual basis and then tries to pursue a
class action. Once an arbitration demand is made, no lawsuit can be brought and
any existing lawsuit must stop.
Will any hearing be held nearby? Yes
The Arbitrator may decide that an in-person hearing is unnecessary and that he
or she can resolve a Dispute based on written filings and/or a conference call.
However, any in-person arbitration hearing must be held at a place reasonably
convenient to you.
What about appeals? Very limited Appeal rights under the FAA are very limited. The Arbitrator’s award will be final
and binding. Any appropriate court may enter judgment upon the arbitrator’s
Arbitration Fees and Awards.
Who bears arbitration fees? Usually, we do.
We will pay all filing, administrative, hearing and Arbitrator fees if you act in good
faith, cannot get a waiver of such fees and ask us to pay.
When will we cover your legal fees
and costs? If you win
If you win an arbitration, we will pay the reasonable fees and costs for your
attorneys, experts and witnesses. We will also pay these amounts if required
under applicable law or the administrator’s rules or if payment is required to
enforce this Dispute Clause. The Arbitrator shall not limit his or her award of these
amounts because your Dispute is for a small amount.
Will you ever owe us for arbitration or
attorneys’ fees? Only for bad faith
The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator
finds that you have acted in bad faith (as measured by the standards set forth in
Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this
Dispute Clause invalid.
Can an award be explained? Yes
A party may request details from the Arbitrator, within 14 days of the ruling. Upon
such request, the Arbitrator will explain the ruling in writing.
This Card is issued by MetaBank, Member FDIC.
© 2018 MetaBank