1.
Terms
and Conditions for the prepaid GenieCard
This document constitutes the agreement
(“Agreement”) outlining the terms and conditions under which the Card has been
issued to you. By accepting and using
this card, you agree to be bound by the terms and conditions contained in this
Agreement. In this Agreement,
"Card" means the Card issued to you by MetaBank. "You" and "your" means
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 MetaBank, our
successors, affiliates or assignees. The
Card will remain the property of MetaBank 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.
The 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 not a
credit card. You will not receive any
interest on your funds on the Card.
2. Authorized
Users: You may request an additional
Card for another person. You may also
permit another person to have access to your Card or Card number. However, if you do, you are liable for all
transactions made with the Card or Card number by those persons. You must notify us to revoke permission for
any person you previously authorized to use your Card. You are responsible for all transactions and
fees incurred by you or any other person you have authorized. If you tell us to revoke another person’s use
of your Card, we may revoke your Card and issue a new Card with a different
number. You are wholly responsible for
the use of each Card according to the terms of this Agreement.
3. Personal
Identification Number (“PIN”): We may, at our option, give you a Personal
Identification Number (“PIN”). If we
give you a PIN, you may use your Card to obtain Cash from any Automated Teller
Machine (“ATM”) that bears the logos displayed on your card or make purchases
from merchants participating in the networks displayed on your card. All ATM transactions are treated as Cash
withdrawal transactions. You should not
write or keep your PIN with your Card.
If you believe that anyone has gained unauthorized access to your PIN,
you should advise us immediately, following the procedures in the paragraph
labeled “Your Liability for Unauthorized Transfers.”
4. Loading
Your Card: You may add funds to your Card, called “value
loading”, at any time. The amount of
each value load must be at least $10.00.
You may value load your cards two times per day. However, the maximum value load you may place
on your Card when aggregated with any other cards you have authorized is restricted to $2,500.
5. Using Your Card
You may use your Card to purchase or lease goods or
services wherever the Card is honored as long as you do not exceed the value
available on your Card. You are responsible for all transactions initiated by
use of your Card. If you permit someone else to use your Card we will treat
this as if you have authorized such use and you will be responsible for any
transactions made subject to such use. If
you do not have enough value loaded on your Card you can instruct the merchant
to charge a part of the purchase to the Card and pay the remaining amount with
cash or another card. These are called
“split transactions”. Some merchants do
not allow cardholders to conduct split transactions. Some merchants will only allow you to do a
split transaction if you pay the remaining amount in cash.
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. For security reasons, we may limit the
amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You
may use your Card to access cash at an Automated Teller Machine (ATM). You may not use your Card for any illegal
transactions, use at casinos, and any gambling activity.
The maximum cumulative amount that can be withdrawn
from ATMs or Bank Tellers per day is $2,500. You should keep track of the
amount of value loaded on Cards issued to you.
You may call us at the Customer
Service number shown on your Card and listed below at any time to obtain the
current value on your Card. To reach us,
call toll-free 1-800-783-0000 for the balance.
Our business hours are Monday through Friday, 8 a.m. to 5 p.m. Pacific
Time, excluding bank holidays.
Each time you use your Card, you authorize us to
reduce the value available on your Card by the amount of the transaction. You
are not allowed to exceed the available amount 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 (creating a “shortage”) you shall
remain fully liable to us for the amount of the transaction and any applicable
fees or charges. We reserve the right to bill you for any shortage together
with a shortage fee of $4.95. You agree
to pay us promptly for the shortage and any applicable shortage fees. We also reserve the right to cancel this Card
should you create one or more shortages with your Card.
You do not have the right to stop payment on any
purchase transaction originated by use of your Card. 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.
6. 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. The amounts
credited to your Card for refunds may not be available for up to five (5) days
from the date the refund transaction occurs.
7. Foreign Transactions
Effective April 2, 2005, the
exchange rate for transactions in a foreign currency will be a rate selected by
Visa from the range of rates available in wholesale currency markets for the
applicable central processing date, which rate may vary from the rate Visa
itself receives, or the government mandated rate in effect for the applicable
central processing date.
8. Receipts
You should get a receipt at the time you make a
transaction or obtain cash using your Card.
You agree to retain your receipt to verify your transactions.
9. Periodic Statements
Statements in electronic format will be made
available free of charge at www.GenieCard.com
during each month in which a transaction occurs. You may choose to have a paper statement
mailed to you. However, there is a fee
for this service.
10. Fees and Charges
Fees
and Charges for use of your Card are described in the Schedule of Cardholder
Fees. Additional fees that may be charged by banks or other processors for the
use of your Card will be passed on to you.
When you use an ATM not owned by us, in addition to the fees shown in
the Schedule of Cardholder Fees, the ATM operator or owner may charge you an
additional fee.
11. 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.
12. Our Liability for
Failure to Complete Transactions
We will not be liable for failing to complete transactions
if:
(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 ATM
where you are making a cash withdrawal does not have enough cash;
(4) If an
electronic terminal where you are making a transaction does not operate
properly;
(5) If access to
your Card has been blocked after you reported your Card lost or stolen;
(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) 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;
(9) Any other
exception stated in our Agreement with you.
13. Your Liability for
Unauthorized Transfers
Tell us AT ONCE if you believe your Card has been
lost or stolen. Telephoning toll-free at 1-800-783-0000 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
WITHOUT YOUR PERMISSION, CALL US TOLL FREE AT 1-800-783-0000. WE WILL CANCEL THE
CARD AND WILL REIMBURSE YOU FOR THE REMAINING VALUE STILL ON THE CARD AS OF THE
TIME YOU NOTIFY US. IF YOU NOTIFY US
WITHIN TWO (2) BUSINESS DAYS OF THE LOSS OR THEFT, AND SOMEONE HAS USED YOUR
CARD WITHOUT YOUR PERMISSION, WE WILL ALSO REIMBURSE YOU FOR ANY FUNDS TAKEN
FROM THE CARD WITHOUT 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 WE WILL
NOT REIMBURSE ANY OF YOUR LOSES. Also,
if your statement shows transactions that you did not make, notify 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. If your Card has been lost or stolen, we will
close your Card Account to keep losses down.
We reserve the right to investigate any claim you may make with respect
to a lost or stolen Card, and you agree to cooperate with such investigation.
14. 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
15. 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.
16. Information About Your
Right to Dispute Errors
In case of errors or questions about your Card
transactions, call 1-800-783-0000 or write to GenieCard
Customer Service, 15760 Ventura Blvd, Suite A10, Encino, CA 91436, USA, if you
think your statement or receipt is wrong or if you need more information about
a transaction listed on the statement or receipt. You must contact us no later than sixty (60)
days after we have sent you the FIRST statement on which the problem or error
appeared.
(1) Provide your name and Card number (if
any);
(2) Describe the error or the transaction you are
unsure about, and explain why you believe it is an error or why you need more
information;
(3) 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 ten (10)
business days. We will determine whether
an error occurred within ten (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
forty-five (45) days to investigate your complaint or question. If we ask you to put your complaint or
question in writing and you do not provide it within ten (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 ninety (90) days to
investigate your complaint or question.
We will tell you the results within three (3) business days after
completing the investigation. If we decide that there was no error, we will
send you a written explanation. Copies of the documents used in the
investigation may be obtained by contacting Customer Service at the phone
number and address listed above.
17. Privacy and Data
Protection
(i)
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.
(ii)
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.
(iii)
Disclosure: We may use Cardholder
Information to provide customer services, to process claims for lost or stolen
Cards, to develop marketing programs, 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.
18. Telephone Monitoring/Recording
From
time to time we may monitor and/or record telephone calls between you and us to
assure the quality of our customer service or as required by applicable law.
19. No Warranty Regarding Goods and Services and Disclaimer of
Liability
We are not responsible for the quality, safety,
legality, or any other aspect of any goods or services you purchase with your
Card. In no event will we be liable for
consequential (including lost profits), extraordinary, special, or punitive
damages.
20. Arbitration
(a) Purpose:
This Arbitration Provision sets forth the circumstances and procedures
under which claims (as defined below) may be arbitrated instead of litigated in
court.
(b)
Definitions: As used in this
Arbitration Provision, the term “Claim” means any claim, dispute or controversy
between you and us arising from or relating to the Card or this Agreement as
well as any related or prior agreement that you may have had with us or the
relationships resulting from this Agreement, including the validity,
enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and
nature, including but not limited to initial claims, counterclaims,
cross-claims and third-party claims and claims based upon contract, tort, fraud
and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest
possible meaning that will be enforced and includes, by way of example and
without limitation, any claim, dispute or controversy that arises from or relates
to (i) your Card, or the Cards of any Additional Cardholders designated by you;
(ii) the amount of Available Funds on the Cards; (iii) advertisements,
promotions or oral or written statements related to the Cards, goods or
services purchased with the Cards; (iv) the benefits and services related to
the Cards; and (v) your enrollment for any Card.
As used in the Arbitration Provision, the terms
“we” and “us” shall for all purposes mean the Bank, wholly or majority owned
subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and
all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any
third party using or providing any product, service or benefit in connection
with any Cards (including, but not limited to merchants who accept the Card,
third parties who use or provide services, debt collectors and all of their
agents, employees, directors and representatives) if, and only if, such third
party is named as a co-party with us (or files a Claim with or against us) in
connection with a Claim asserted by you.
As solely used in this Arbitration Provision, the terms “you” or ”yours”
shall mean all persons or entities approved by us to have and/or use a Card,
including but not limited to all persons or entities contractually obligated
under any of the Agreements and all Additional Cardholders.
(c) Initiation of Arbitration Proceeding/Selection
of Administrator: Any Claim shall be
resolved, upon the election by you or us, by arbitration pursuant to this
Arbitration Provision and the code of procedures of the national arbitration
organization to which the Claim is referred in effect at the time the Claim is
filed. Claims shall be referred to
either the National Arbitration Forum (“NAF”), JAMS, or the American
Arbitration Association (“AAA”), as selected by the party electing to use
arbitration. If a selection by us of one
of these organizations is unacceptable to you, you shall have the right within
30 days after you receive notice of our election to select either of the other
organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim
or for other information about these organizations, contact them as follows:
(i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at
www.arbitration-forum.com; (ii) JAMS at 1920 Main Street, Suite 300, Los
Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue,
New York, NY 10017; website at www.adr.org .
(d) Significance of Arbitration: IF ARBITARTION IS CHOSEN BY ANY PARTY WITH
RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT
CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY
EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS
APPLICABLE (THE “CODE”). FURTHER, YOU
WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESNTATIVE CAPACITY OR AS A
MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO
ARBITRATION. EXCEPT AS SET
(e)
Restrictions on Arbitration: If
either party elects to resolve a Claim by arbitration, that Claim shall be
arbitrated on an individual basis. There
shall be no right or authority for any Claims to be arbitrated on a class
action basis or on bases involving Claims brought in a purported representative
capacity on behalf of the general public, other Cardholders or other persons
similarly situated. The arbitrator’s
authority to resolve Claims is limited to Claims between you and us alone, and
the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us
or by us against you may not be joined or consolidated in arbitration with
Claims brought by or against someone other than you, unless otherwise agreed to
in writing by all parties.
(f) Location
of Arbitration/Payment of Fees: Any
arbitration hearing that you attend shall take place in the federal judicial
district of your residence. At your
written request, we will consider in good faith making a temporary advance of
all or part of the filing administrative and/or hearing fees for any Claim you
initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any
appeal thereof), the arbitrator (or panel) will decide who will ultimately be
responsible for paying the filing, administrative and/or hearing fees in
connection with the arbitration (or appeal).
If and to the extent you incur filing, administrative and/or hearing
fees in arbitration, including for any appeal, exceeding the amount they would
have been if the Claim had been brought in the state or federal court which is
closest to your billing address an would have had jurisdiction over the Claim,
we will reimburse you to that extent unless the arbitrator (or panel)
determines that the fees were incurred without any substantial justification.
(g)
Arbitration Procedures: This
Arbitration Provision is made pursuant to a transaction involving interstate
commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C.
Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the
applicable Code, except that (to the extent enforceable under the FAA) this
arbitration Provision shall control if it is inconsistent with the applicable
Code. The arbitrator shall apply
applicable substantive law consistent with the FAA and applicable status of
limitations and shall honor claims of privilege recognized at law and, at the
timely request of either party, shall provide a brief written explanation of
the basis for the decision. In
conducting the arbitration proceeding, the arbitrator shall not apply the
Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the
arbitrator to expand the scope of discovery allowable under the applicable
Code. The party submitting such a
request must provide a copy to the other party, who may submit objections to
the arbitrator with a copy of the objections provided to the request party,
within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will
be in the sole discretion of the arbitrator who shall notify the parties of
his/her decision with in twenty (20) days of the objecting party’s
submission. The arbitrator shall take
reasonable steps to preserve the privacy of individuals, and of business
matters. Judgment upon the award
rendered by the arbitrator may be entered in any court having
jurisdiction. The arbitrator’s decision
will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a
three-arbitrator panel administered by the same arbitration organization, which
shall consider anew any aspect of the initial award objected to by the
appealing party. The appealing party
shall have thirty (30) days from the date of entry of the written arbitration
award to notify the arbitration organization that it is exercising the right of
appeal. The appeal shall be filed with
the arbitration organization in the form of a dated writing. The arbitration organization will then notify
the other party that the award has been appealed. The arbitration organization will appoint a
three-arbitrator panel which will conduct arbitration pursuant to its Code and
issue its decision within one hundred and twenty (120) days of the date of the
appellant’s written notice. The decision
of the panel shall be by majority vote and shall be final and binding.
(h)
Continuation: This Arbitration
Provision shall survive termination of your Card as well as voluntary payment
of the debt in full by you, any legal proceeding by us to collect a debt owed
by you, and any bankruptcy by you or us. If any portion of this Arbitration
Provision is deemed invalid or unenforceable under any principle or provision
of law or equity, consistent with the FAA, it shall not invalidate the remaining
portions of this Arbitration Provision, the Agreement or any prior agreement
you may have had with us, each of which shall be enforceable regardless of such
invalidity.
Telecommunication
Services
The
1. Calling Card Services: In addition to the financial services described above,
2. Responsibility
and 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
telephone calls made with the Card or Card number by those persons. In addition, you are wholly responsible for
all transactions and fees incurred by you or any other person you have
authorized to use your
3. Personal
Identification Number (“PIN”): We may, at our option, give you a Personal
Identification Number (“PIN”). If we
give you a PIN, you may use your
4. Loading
Your Calling Card Balance: You may add funds to your calling card balance
anytime by calling 1-800-783-0000 and following the prompts to transfer money
to your calling card balance. The amount of each transfer must be at least $5.00.
5. Using Your Card
To Place a Call:
Call toll-free
1-800-783-0000
Enter the last 8 digits
printed on your
Enter your 4 digit Access
Code
Press 1 for calling card
access
For Domestic Calls:
Area Code + Phone Number
For International Calls:
011 + Country Code + City
Code + Phone Number
