Vanilla Visa® Reward Card Cardholder Agreement
(Effective June 23, 2010)
Read this Prepaid Reward Card Cardholder Agreement carefully
and keep it for future reference. This document constitutes the agreement (“Cardholder
Agreement”) between you, The Bancorp Bank, ITC Financial Licenses, Inc. and IH
Financial Licenses, Inc. outlining the terms and conditions under which the
Vanilla Visa Reward Card has been issued to you. “Prepaid Reward Card” means
the Vanilla Visa Reward Card issued to you by The Bancorp Bank, Wilmington,
Delaware and distributed and serviced either by ITC Financial Licenses, Inc. or
IH Financial Licenses, Inc., depending upon the state or territory in which
this Prepaid Reward Card is purchased. All Prepaid Reward Cards sold in the
State of Texas are distributed and serviced by ITC Financial Licenses, Inc. You
may contact ITC Financial Licenses, Inc. by phone at 1-800-571-1376 or by mail
at P.O. Box 826, Fortson, Georgia 31808. “Issuer” means The Bancorp Bank or its
depository institution affi liate. The Issuer is an FDIC insured member
institution. The Prepaid Reward Card is a prepaid card. The Prepaid Reward Card
is not connected in any way to any other account. The Prepaid Reward Card is
not a credit card and will not enhance your credit rating. The Prepaid Reward
Card is not a gift card or a gift certifi cate. You have received this Prepaid
Reward Card as a gratuity without the payment of any monetary value of
consideration. You are not the owner of the Card or the funds underlying the
Card. Your failure to activate and use the Card results in the loss of all
rights, title and interest in the Card and the underlying funds. The Prepaid
Reward Card is not for resale. You will not receive any interest on your funds
on the Prepaid Reward Card. The funds on the Prepaid Reward Card are not
insured to you by the FDIC or any other federal or state agency. You
acknowledge and agree that the value on the Prepaid Reward Card is limited to
the funds that you have loaded onto the Prepaid Reward Card or have been loaded
onto the Prepaid Reward Card on your behalf. The Prepaid Reward Card is non-reloadable.
All funds associated with the Prepaid Reward Card shall be held by either ITC
Financial Licenses, Inc. or IH Financial Licenses, Inc., depending upon the
state in which the Prepaid Reward Card was sold, in an account with the Issuer
for your benefit, with the balance of such funds to be reduced through your use
of such funds or through the imposition of fees and other charges, to the
extent permitted by applicable law, in accordance with the terms of this
Cardholder Agreement. You agree to sign the back of the Prepaid Reward Card
immediately upon receipt. Signing the back of the Prepaid Reward Card, using
the Prepaid Reward Card, or allowing someone else to use the Prepaid Reward
Card, means that you accept and agree to be bound by this Cardholder Agreement
in its entirety. In this Cardholder Agreement the terms “we,” “us,” and “our”
mean the Issuer, ITC Financial Licenses, Inc., IH Financial Licenses, Inc., our
successors, affi liates and assignees and “you” or “your” mean anyone who has
purchased or received the Prepaid Reward Card or is authorized to use it. You
should always keep a record of your Prepaid Reward Card number and the customer
service phone number provided herein in case of loss or theft. Our business
days are Monday through Friday, excluding federal holidays, even if we are open
on any such holiday.
The Bancorp Bank Fee Schedule
There are no fees charged to you, the Cardholder, when using
the Prepaid Reward Card to purchase goods and services. All Issuer fee amounts
will be withdrawn from your Prepaid Reward Card and will be assessed as long as
there is a remaining balance on your Prepaid Reward Card, except where
prohibited or modifi ed by applicable law. Anytime your remaining Prepaid
Reward Card balance is less than the fee amount being assessed, the balance of
your Prepaid Reward Card will be applied to the fee amount.
• Activation Fee: The maximum Activation Fee per Prepaid
Reward Card paid by the purchaser at time of purchase is $7.50. In certain
states, this Activation Fee may be less than the fee amount set forth above.
• Service Fee: A Service Fee of $2.50 per month beginning
with the seventh (7th) month following the date of activation will be applied
to the remaining balance except where otherwise required to comply with, or
prohibited by, applicable law. This fee will not be charged once the balance on
the Prepaid Reward Card reaches $0.00.
• Re-Issuance Fee: We will charge a $5.95 fee to reissue or
replace the Prepaid Reward Card for any reason, except where prohibited by
applicable law. No Re-Issuance Fee will apply to the reissuance or replacement
of any Prepaid Reward Card that is purchased in New Hampshire or Vermont or in
any other state where such fees are not allowed.
Using This Prepaid Reward Card
The maximum value of your Prepaid Reward Card is identified
on the front of the Prepaid Reward Card. The Prepaid Reward Card may be used
when making purchases from merchants that accept Visa debit cards within the fi
fty (50) United States and District of Columbia. The Prepaid Reward Card cannot
be used at merchants in the territories of Puerto Rico, U.S. Virgin Islands,
and Guam, or anywhere else outside of the United States, including the Internet
and mail order/telephone order merchants in the territories of Puerto Rico,
U.S. Virgin Islands, and Guam, or anywhere else outside of outside of the
United States. We may decline authorization for any illegal transaction,
including, but not limited to any Internet gambling transaction. You agree not
to use your Prepaid Reward Card for any illegal transaction. Some merchants do
not allow cardholders to conduct split transactions where you would use the
Prepaid Reward Card as partial payment for goods and services and then pay the
remainder of the balance with another form of legal tender. If you wish to
conduct a split transaction and it is permitted by the merchant, you must tell
the merchant to charge only the exact amount of funds available on the Prepaid
Reward Card to the Prepaid Reward Card. You must then arrange to pay the
difference using another payment method. Some merchants may require payment for
the remaining balance in cash. If you fail to inform the merchant that you
would like to complete a split transaction prior to swiping your Prepaid Reward
Card, your Prepaid Reward Card is likely to be declined. The Prepaid Reward
Card itself may not be returned to any merchant for a refund, except where
required by applicable law. At the time of each purchase using the Prepaid
Reward Card, you will be asked to sign a receipt for the transaction. The
dollar amount of the purchase will be deducted from the value of the Prepaid Reward
Card. Some merchants (such as restaurants and salons) will obtain an
authorization/approval on the Prepaid Reward Card for an amount up to twenty
percent (20%) or more than the total bill to cover any tip or gratuity that you
may add to the purchase, and therefore it is important for you to be sure that
the balance of your Prepaid Reward Card is suffi cient to cover such amount or
arrange to pay the tip or gratuity using cash or another payment method.
Hotels, car rental agencies, and gas stations may also secure an authorization/
approval on the Prepaid Reward Card in excess of the estimated purchase amount
to ensure that adequate funds are available to cover the fi nal purchase. The
entire amount of the authorization/approval will remain unavailable until the
actual transaction posts to your Prepaid Reward Card (typically within seven
(7) business days), although only the amount you actually authorize will be
deducted from the value of the Prepaid Reward Card. All transactions relating
to car rentals may result in a hold for that amount of funds for up to sixty
(60) days. If you authorize a transaction and 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 thirty (30) days. For security
reasons, we may limit the number or amount of transactions you can make with
the Prepaid Reward Card. You do not have the right to stop payment on any
purchase or payment transactions that you originate through the use of the
Prepaid Reward Card. You may not make preauthorized regular payments from your
Prepaid Reward Card.
Receipts
You should get a receipt at the time you conduct a
transaction using your Prepaid Reward Card. This may be your only record of the
transaction; you agree to retain your receipts for future reference to verify
and reconcile your transactions.
Loading Your Prepaid Reward Card
Additional funds may not be added to your Prepaid Reward
Card. Your Prepaid Reward Card is non-reloadable. You will have access to the funds
associated with this Prepaid Reward Card immediately after the Prepaid Reward
Card is activated.
Personal Identifi cation Number
You will not receive a Personal Identifi cation Number
(“PIN”) with your Prepaid Reward Card.
Cash Access
You may not use your Prepaid Reward Card to obtain cash from
an Automated Teller Machine (“ATM”), Point-of-Sale (“POS”) device, or by any
other means. You may not use your Prepaid Reward Card at an ATM.
Using This Prepaid Reward Card at Gas Stations
There are certain payment situations that may require
special or additional steps to use your Prepaid Reward Card. When using the
Prepaid Reward Card at an automated fuel dispenser (“pay at the pump”), simply
insert your Prepaid Reward Card and follow the instructions. If you pay at the
pump, the merchant may preauthorize the transaction amount up to $75.00 or
more. If the transaction is not completed, you will need to go inside and pay
the attendant prior to pumping.
Internet, Mail, and Phone Order Purchases
Internet, mail, and phone order purchases may require that
we have the name and address of the Prepaid Reward Card owner on fi le. If you
wish to make Internet, mail, or phone order purchases, you will need to go to
www.vanillavisa.com and enter your name and address prior to performing an
Internet, mail, or phone order transaction. If you use your Prepaid Reward Card
number without presenting your Prepaid Reward Card (such as for mail order,
telephone, or Internet purchase), the legal effect will be the same as if you
used the Prepaid Reward Card itself.
Returned or Exchanged Merchandise
If you are entitled to a refund for any reason for goods or
services obtained with your Prepaid Reward Card, you agree to accept credits to
your Prepaid Reward Card for such refunds and agree to the refund policy of
that merchant. You agree that neither the Issuer nor Visa U.S.A Inc, ITC
Financial Licenses, Inc., IH Financial Licenses, Inc., or their respective affiliates,
employees, or agents, including, but not limited to, our processor, Interactive
Communications International, Inc. (“InComm”) and its affiliates, employees and
agents, are responsible for the services or merchandise purchased with the
Prepaid Reward Card or any damages resulting directly or indirectly from the
use of the Prepaid Reward Card. If you have a problem with merchandise or
services purchased with a Prepaid Reward Card, that problem needs to be adjusted
and resolved with the merchant at whose establishment the transaction was made.
Exchange or return of merchandise purchased in whole or in part with the
Prepaid Reward Card will be governed by the procedures and policies of each
merchant and applicable law. At the time of any exchange or return, you should
present both the merchandise receipt and the Prepaid Reward Card. If you
receive a credit, the credit may not be added to the available funds on the
Prepaid Reward Card for seven (7) business days.
Overuse/Overspending
Each time you use your Prepaid Reward Card, you authorize us
to reduce the value available in your Prepaid Reward Card account by the amount
of the transaction and any applicable fees charged by the relevant merchant.
Transactions that exceed the remaining Prepaid Reward Card balance are
prohibited and should be declined at the POS. If, notwithstanding an insufficient
balance, an authorization is received by the merchant or the merchant uses
other means to proceed with the transaction then you agree to reimburse us for
any amount in excess of the Prepaid Reward Card balance for such a transaction.
Once the balance on this Prepaid Reward Card reaches zero ($0.00) all
transactions will be declined.
Authorized Users
You are responsible for all transactions initiated and fees
incurred by use of your Prepaid Reward Card. If you permit another person to have
access to your Prepaid Reward Card or Prepaid Reward Card number, we will treat
this as if you have authorized such use and you will be liable for all
transactions and fees incurred by those persons. You are wholly responsible for
the use of each Prepaid Reward Card according to the terms and conditions of
this Cardholder Agreement.
Secondary Cardholder
You may not request an additional Prepaid Reward Card for
another person.
Expiration
The Prepaid Reward Card plastic is valid through the
expiration date shown of the front of the Prepaid Reward Card or until the
value on the Prepaid Reward Card reaches zero ($0.00), except where prohibited
or modifi ed by applicable law. The funds on the Prepaid Reward Card do not
expire. If there is a balance remaining after the expiration date, you can call
1-800-571-1376 to request that a new Prepaid Reward Card be issued to you as
allowed in accordance with applicable law. The new Prepaid Reward Card will
have a value equal to the remaining balance of the expired Prepaid Reward Card
minus a Re-Issuance Fee in the amount shown in the section of this Cardholder Agreement
captioned “Fee Schedule.” The new Prepaid Reward Card plastic will have an
expiration date that is no sooner than twenty-four (24) months from the date of
reissuance, or a later date where required by applicable law.
Customer Service/Balance Inquiries
You are responsible for keeping track of the available
balance on your Prepaid Reward Card. Merchants generally will not be able to determine
your available balance. It’s important to know your available balance before
making any transactions. To check the available balance on the Prepaid Reward
Card, review recent transactions, or obtain any other customer service at no
charge, you may visit www.vanillavisa.com or call 1-800-571-1376 anytime,
twenty-four (24) hours a day, seven (7) days a week.
Error Resolution Procedures
In case of any errors or questions with respect to any
Prepaid Reward Card transaction, call Prepaid Reward Card Services immediately
at 1-800-571-1376. You must call within thirty (30) days of the date of the
transaction. If you need more information about error resolution procedures
please call Prepaid Reward Card Services at 1-800-571-1376. When you notify us,
you must provide your name and Prepaid Reward Card number, describe the error
or transaction that you are calling about, and explain as clearly as possible
why you need further information. We may require that you send the complaint or
question in an affi davit signed by you, within ten (10) business days of your
call to us. Generally, we will tell you the results of the investigation within
ten (10) business days after hearing from you and will correct any error promptly.
If we need more time, however, it may take up to forty-fi ve (45) calendar days
to investigate your complaint or question. We may take up to ninety (90) days
to investigate your complaint or question relating to errors involving a new
Prepaid Reward Card or POS transaction.
Prepaid Reward Card Replacement; Liability for a
Lost/Stolen Prepaid Reward Card or Unauthorized Transaction
The Prepaid Reward Card can be replaced for any reason.
However, there are certain restrictions that must be met before we can replace your
Prepaid Reward Card in certain circumstances. If you become aware of and/or
your transaction history shows a transaction that you did not authorize, notify
us at once. You should call 1-800-571-1376 immediately to report a Prepaid
Reward Card lost or stolen. You will be required to provide your name, the
Prepaid Reward Card number, original value, and transaction history. We reserve
the right to require an affi davit signed by you and conduct an investigation
into the validity of any request. Under Visa U.S.A. Inc. Operating Regulations,
your liability for an unauthorized Visa debit transaction on your Prepaid
Reward Card Account is $0.00 if you notify us within two (2) business days of
the transaction at issue and you exercise reasonable care in safeguarding your Prepaid
Reward Card from loss, theft or unauthorized use. Your liability for an
unauthorized non-Visa debit transaction on your Prepaid Reward Card is limited
to $50.00 if you notify us within two (2) business days of the transaction at
issue and you exercise reasonable card in safeguarding your Prepaid Reward Card
from loss, theft or unauthorized use. If you notify us after two (2) business
days, but within sixty (60) days, following any unauthorized transaction or
after you learn of the loss or theft of your Prepaid Reward Card, you could
lose as much as $500.00. If you do not notify us within sixty (60) days after
you learn of the loss or theft of your Prepaid Reward Card, become aware of the
transaction and/or after the transaction history was made available to you, you
may not get back any value you lost if we could have stopped someone from
taking the value if you had promptly notifi ed us of the loss or theft of your
Prepaid Reward Card or of the unauthorized transaction. Upon notice from you
that your Prepaid Reward Card has been lost or stolen, we will close your
Prepaid Reward Card account to help keep losses down and, upon your request,
will issue you a replacement Prepaid Reward Card. We will charge a Re-Issuance
Fee in the amount shown in the section of this Cardholder Agreement captioned
“Fee Schedule” for any reissued or replaced Prepaid Reward Card, which will be
deducted from the balance on the new Prepaid Reward Card. It may take up to
thirty (30) days to process a request for a replacement Prepaid Reward Card
although we will endeavor to provide you with a replacement Prepaid Reward Card
on as timely a basis as is reasonable under the circumstances.
Liability for Failure to Complete Transactions
If we do not properly complete a Prepaid Reward Card
transaction on time or in the correct amount according to this Cardholder
Agreement, we may be liable for your losses and damages. We will not be liable
under certain circumstances, however, such as:
• If through no fault of ours, you do not have enough money
on the Prepaid Reward Card to cover a transaction;
• If a merchant refuses to accept your Prepaid Reward Card;
• If the transaction would exceed the funds available on
your Prepaid Reward Card;
• If the terminal or system was not working properly;
• If access to your Prepaid Reward Card has been blocked
after you reported your Prepaid Reward Card lost or stolen;
• If there is a hold or the funds on your Prepaid Reward
Card are subject to legal process or other encumbrance restricting their use;
• If we have reason to believe that the requested
transaction is unauthorized;
• If circumstances beyond our control (such as fi re, fl
ood, or computer or communication failure) prevent the transaction, despite reasonable
precautions that we have taken;
• If the merchant authorizes an amount greater than the
purchase amount; or
• As otherwise provided in this Cardholder Agreement or by
applicable law.
Revocation/Cancellation
The Prepaid Reward Card will remain the property of the
Issuer and we may revoke or suspend the Prepaid Reward Card or this Cardholder Agreement
at any time without cause or notice. You must surrender a revoked Prepaid
Reward Card and may not use it to make purchases. You may cancel this
Cardholder Agreement by returning the Prepaid Reward Card to us. Your
termination of this Cardholder Agreement will not affect any of our rights or
your obligations arising under this Cardholder Agreement prior to termination.
Any remaining balance on your Prepaid Reward Card will be sent to you by check
as long as you return the Prepaid Reward Card to Vanilla Visa Reward Card
Customer Service, P.O. Box 826, Fortson, GA 31808, and provide your name and
address.
Disclosure of Information to Third Parties
We may disclose information to third parties about your
Prepaid Reward Card or the transactions you make:
(a) Where it is necessary for completing transactions;
(b) To verify the existence and condition of your Prepaid
Reward Card to a third party, such as merchant;
(c) To utilize services of third parties and affi liate
entities who assist us in providing the Prepaid Reward Card and related
services;
(d) To comply with government agency rules, court orders, or
other legal reporting requirements;
(e) If you give us your permission;
(f) If you owe us money or there are legal proceedings in
connection with your Prepaid Reward Card, in which case, information may be
released to attorneys, accountants, collection bureaus, financial institutions,
and others involved in collection, adjustment, settlement or reporting;
(g) To our employees, auditors, affiliates, service
providers, or attorneys as needed;
(h) To protect against potential fraud and other crimes; or
(i) When otherwise permitted by law. We may also share
information about you and your Prepaid Reward Card, based on our transactions
and experiences with you, with our parent, affiliate and subsidiary companies,
and with InComm and its affiliates.
No Warranty of Availability or Uninterrupted Use
From time to time Prepaid Reward Card services may be
inoperative, and when this happens, you may be unable to use your Prepaid Reward
Card or obtain information about your Prepaid Reward Card Account available
balance. Please notify us at the Customer Service number stated herein if you
have any problems using your Prepaid Reward Card. You agree that neither the
Issuer nor Visa U.S.A Inc, ITC Financial Licenses, Inc., IH Financial Licenses,
Inc., or their respective affiliates, employees, or agents, including, but not
limited to, our processor, InComm and its affiliates, employees and agents, are
responsible for any interruption of service.
Website and Availability
Although considerable effort is expended to make our website
and other operational and communications channels available around the clock,
we do not warrant these channels to be available and error free every minute of
the day. You agree that we will not be responsible for temporary interruptions
in service due to maintenance, website changes, or failures, nor shall we be
liable for extended interruptions due to failures beyond our control, including
but not limited to the failure of interconnecting and operating systems, computer
viruses, forces of natures, labor disputes and armed conflicts. You agree to
act responsibly with regard to the website and its use. You will not violate
any laws, interfere or disrupt computer networks, impersonate another person or
entity, violate the rights of any third party, stalk, threaten or harass
anyone, gain any unauthorized entry, or interfere with the website’s systems
and integrity. We shall not bear any liability, whatsoever, for any damage or
interruptions caused by any “computer viruses” that may affect your computer or
other equipment. We advise the regular use of a reputable and readily available
virus screening and prevention software.
Other Terms
Your Prepaid Reward Card and your obligations under this
Cardholder Agreement may not be assigned. We may transfer our rights under this
Cardholder Agreement. Use of your Prepaid Reward Card is subject to applicable
law and 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 Cardholder
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 Cardholder Agreement
shall not be affected. This Cardholder Agreement will be governed by the law of
the State of South Dakota except to the extent governed by federal law.
Amendment
We may, to the extent permitted by applicable law, amend the
terms and conditions of this Cardholder Agreement at any time by posting the
amended terms on our website, www.vanillavisa.com, and any such amendment shall
be effective upon such posting to the website. However, if the change is made
for security purposes, we can implement such change immediately, without prior
notice to you and before such change may be posted to the website. The current
Cardholder Agreement is available at www.vanillavisa.com.
Section Headings
Section headings in this Cardholder Agreement are for
convenience of reference only, and shall not govern the interpretation of any
provision of this Cardholder Agreement.
English Language Controls
Any translation of this Cardholder Agreement is provided for
your convenience. The meanings of terms, conditions and representations herein
are subject to definitions and interpretations in the English language. Any
translation provided may not accurately represent the information in the
original English.
Customer Service
For all customer service information regarding the Prepaid
Reward Card, please contact:
Vanilla Visa Reward Card Customer Service
P.O. Box 826
Fortson, Georgia 31808
1-800-571-1376
This Cardholder Agreement is effective 06/2010.
