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iCARD Visa Gift Card Cardholder Agreement
This document constitutes the agreement ("Agreement") outlining the terms and conditions under which a Prepaid Visa® Card has been issued to you. The iCARD Gift Card is serviced by iCARD Systems. The iCARD Visa Gift Card is issued by The Bancorp Bank, pursuant to a license from Visa U.S.A., Inc. the Bancorp Bank: Member FDIC. By accepting and using this 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 as provided for in this Agreement. "We," "us," and "our" mean The Bancorp Bank, our successors, affiliates or assignees. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of The Bancorp 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.
Definitions
The Card is a Prepaid Card loaded with a specific claim on goods and services, acceptable anywhere Visa® debit and Cirrus® are accepted. The Card is not connected in any way to any other account and is not FDIC insured. Our business days are Monday through Friday excluding holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open.
Authorized Users
You may permit another person to have access to your Card or Card number. However, if you do, you are liable for all charges and fees incurred by any other person you have authorized. You are wholly responsible for the use of each Card according to the terms of this Agreement.
Using Your Card
You may use your Card to obtain goods or services wherever the Card is honored. If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. You may perform cash withdrawals and make balance inquiries at automated teller machines that honor the Card. No more than $250 may be withdrawn at an ATM using the Card during any 24-hour period.
For security reasons, we may limit the amount or number of transactions you can make on your Card. You may not use your Card for any illegal transaction. You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. You may not make preauthorized regular payments from your Card Account.
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, through an individual transaction, or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card 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 first inform the merchant before completing the transaction. The merchant will require payment for the difference in cash or some other means of payment. Some merchants may not accept split transactions. If you fail to inform the merchant prior to completing the transaction, your Card may be declined.
If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to ten (10) days. Your Card funds are available through the "Valid Thru" date printed on the front of the Card. If a merchant attempts to process the Card after the "Valid Thru" date, the transaction will not be approved.
Purchase 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.
Foreign Transactions
Foreign currency transactions will be converted to U.S. dollars under the current applicable rules of Visa U.S.A. Inc. The Visa currency conversion rate is 1%. An additional 2% is applied by the issuer.
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.
Replacement Cards
If your Card is lost or stolen, there will be a fee of $5.95 to replace it.
ATM Fees
- Domestic ATM Fee (for withdrawals or balance inquiries): $2.50
- International ATM Fee (for withdrawals or balance inquiries): $5.00
If you use an ATM not owned by us, you may be charged a fee by the ATM operator including a balance inquiry even if you do not complete a withdrawal.
Maintenance Fee
There is a 6-month maintenance fee of $25 which is waived for the first 6 months. This fee is due at the beginning of the period and will be assessed to your Card as long as there are funds remaining on your Card.
Confidentiality
We may disclose information to third parties about your Card or the transactions you make:
1. Where it is necessary for completing transactions,
2. In order to verify the existence and condition of your Card for a third party,
such as merchant;
3. In order to comply with government agency, court order, or other legal
reporting requirements;
4. If you give us your written permission, or
5. To our employees, auditors, affiliates, service providers, or attorneys as needed.
Our Liability for Failure to Complete Transactions
If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
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, and you knew about the problem when you initiated the transaction;
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, despite
reasonable precautions that we have taken;
6. Any other exception stated in our Agreement with you.
Your Liability for Unauthorized Transactions
Tell us AT ONCE if you believe your Card has been lost or stolen. Telephoning us at 1-636-536-6897 is the best way of keeping your possible losses down. IF YOU BELIEVE THAT YOUR CARD HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR CARD ACCOUNT WITHOUT YOUR PERMISSION, CALL US AT 1-636-536-6897. IF YOU NOTIFY US WITHIN TWO (2) BUSINESS DAYS, YOU CAN LOSE NO MORE THAN $0 IF SOMEONE USED YOUR CARD WITHOUT YOUR PERMISSION. IF YOU DO NOT NOTIFY US WITHIN TWO (2) BUSINESS DAYS AFTER YOU LEARN OF THE LOSS OR THEFT OF YOUR CARD AND WE CAN PROVE THAT WE COULD HAVE STOPPED SOMEONE FROM USING YOUR CARD WITHOUT YOUR PERMISSION IF YOU HAD PROMPTLY NOTIFIED US, YOU COULD LOSE AS MUCH AS $50. Also, if your statement shows transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement was made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down.
Other Terms
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.
We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
At any time you are entitled to a refund of the remaining balance on your Card. Refund requests must be received in writing and must include the following: 1) your Card 2) reason for refund 3) your name, address, telephone, and email. Refunds may take up to 90 days to process, and in addition to the Maintenance Fee (if applicable), are subject to the following fees: a) $25 if within one year of the date of purchase b) $50 if within two years of the date of purchase or c) $75 if after two years of the date of purchase.
Information About Your Right to Dispute Errors
Telephone or write us at the telephone number or address listed below, as soon as you can, if you think your receipt is wrong or if you need more information about a transaction. We must hear from you no later than 60 days after the date of the transaction in question and you must provide the following information:
- Provide your name and Card number.
- Describe the error or the transaction you are unsure about, and explain as clearly
as you can why you believe it is an error or why you need more information.
- Provide the dollar amount of the suspected error.
If you provide this information orally, we may require that you send your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Card within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within 10 business days, we may not credit your Card.
For errors involving new Cards, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question.
We will tell you the results within three business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that were used in the investigation.
Please address your correspondence to:
Attn: Customer Service
iCARD Systems
P.O. Box 634
Chesterfield, MO 63006
1-636-536-6897
Or, you may send email to support@icardsystems.com. For additional information, please visit www.icardsystems.com.
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