Terms & Conditions VISA GIFT CARD TERMS AND CONDITIONS

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1 Terms & Conditions VISA GIFT CARD TERMS AND CONDITIONS Close this browser window to return to session. IBC BANK/COMMERCE BANK VISA GIFT CARD TERMS AND CONDITIONS The following are the terms and conditions that govern the cardholder s ( You or Your ) use of the International Bank of Commerce/Commerce Bank ( IBC Bank, Bank, We, Us or Our ) Visa Gift Card. Please read this Agreement carefully and keep it for your records. By purchasing, signing, or using the Card, or authorizing another person to use the Card, you are agreeing to the terms and conditions in this Agreement. 1. ABOUT YOUR GIFT CARD You have received the Gift Card with a U.S. Dollar amount fixed at the time of purchase. Unless we otherwise agree, we sell Gift Cards with a minimum value of $ You acknowledge and agree that the amount available on the Gift Card is limited to the prepaid U.S. Dollar value fixed at the time of purchase. The Gift Card is not a credit card or an automated teller machine card. The prepaid value is not an account and is not insured by the Federal Deposit Insurance Corporation or any other federal or state agency. You have no separate, distinct deposit account established for you with us that is associated with the Card. This Gift Card is issued by IBC Bank, pursuant to a license from Visa. The purchaser agrees that all terms on the Gift Card and in these terms and conditions apply to purchaser and to any subsequent holder of the Gift Card by gift or otherwise. The Gift Card may not be refunded or exchanged for cash or credit. This Card is our property and we reserve the right to cancel, repossess, or revoke its use at anytime without prior notice, subject to applicable law and your right to any unexpired funds. The Gift Card is an instant-issue Visa prepaid card. The Gift Card may be used when making purchases from any merchant that accepts Visa debit cards. The dollar amount of purchases made with the Gift Card will be automatically deducted from the value of the Gift Card. Your Card s prepaid value cannot be increased after the Card is issued or replaced after the value is used. The prepaid value will decrease as you use the Card, or you incur, or we assess, a fee or charge. We do not pay interest on the balance on your Card. If you permit someone else to use your Card, we will treat this use as if you have authorized that person to use your Card and you will be responsible for any transactions initiated by such person with your Card, with or without your knowledge. Purchases of Cards are final, and resale of Cards is strictly prohibited. 2. BEFORE USING YOUR GIFT CARD Before using your Card, you must sign your name on the back where indicated. The Gift Card is like cash. If you lose the Card, someone would be able to use all remaining value. Write down the card number and the Customer Service number, , on a separate piece of paper in case the Card is lost, stolen, or destroyed. We urge you to register the Card in your name at upon receipt. By registering the Card, we establish your relationship to the Card in the event it is lost, stolen, or destroyed.

2 3. USING YOUR GIFT CARD You may use your Card as often as you like to obtain goods and services up to the value of the Card. Each time you use your Card, we will deduct the amount of the transaction from the remaining value associated with the Card. The Card is not reloadable and cannot be used after its value reaches zero. To pay for purchases at merchants that accept Visa debit cards, you should use it as you would a credit card, by selecting the credit payment option and signing the sales receipt. Although your card is a debit card, it will not work with debit payment systems that require a personal identification number (PIN). The Bank is generally obligated to authorize transactions initiated through use of the Gift Card. However, if the amount of value available is not sufficient to complete the transaction/purchase, the transaction will be declined. PROHIBITED PAYMENTS You agree not to make preauthorized or recurring payments through the use of the Gift Card 4. CHECKING YOUR GIFT CARD BALANCE You are responsible for keeping track of the available balance on your Card. Merchants generally will not be able to determine the available balance on your Card, so you need to know the exact balance BEFORE making a purchase. To obtain your available balance and a record of daily updated Card transactions, visit us online at or call Customer Service is available 24 hours per day, 7 days per week. We strongly urge you to review regularly your Card s transaction history online. Your failure to review could affect your rights with regard to unauthorized transactions or transaction errors. 5. MERCHANDISE RETURN POLICY The Bank and Visa and their affiliates, employees, and agents, are not responsible for the service or merchandise purchased with the Gift Card. The Bank is not responsible for the return or exchange of merchandise purchased with the Gift Card. By use of this Gift Card, you agree that the Bank is not liable for any consequential damages, direct or indirect. Exchange or return of merchandise purchased in whole or in part with the Gift Card will be governed by the procedures and policies of each merchant and applicable law. If you received a credit, the credit may not be added to the available funds for several business days. Return and refund policies are dependent on the merchant from whom the purchase was made. At the time of any exchange or return, you should present both the merchandise receipt and the Gift Card. 6. PURCHASE GREATER THAN THE VALUE ON YOUR GIFT GARD COMBINING FORMS OF PAYMENT AND SPLIT TENDER TRANSACTONS If you wish to use your Card to purchase an item for more than the available balance on the Card, subject to the merchant s policy, you may be able to use your Card toward a portion of the purchase price and then use another form of payment to pay the balance of the purchase price. This is called a split tender transaction because you would be splitting the purchase price between your Card and another form of payment. Before you request a split tender transaction, please call Customer Service at to confirm the available balance on your Card. Then, you MUST ask the merchant if two forms of payment will be accepted for the purchase you wish to make. If the merchant agrees, first request that the merchant debit or charge a specific dollar amount on the Card and then use the other form

3 of payment to pay the remaining balance. Internet and most mail order merchants do not permit split tender transactions. We do not guarantee that the merchant will accept two forms of payment such as two gift cards. 7. USE AT GASOLINE MERCHANTS If you use your Card to purchase gasoline, we recommend that you pay inside the station, not at the pump to avoid additional funds from being held when your Card is authorized while paying at the pump. If you were to pay at the pump, the electronic terminal at the pump may be programmed to confirm that you have sufficient available balance on your Card to pay for the average purchase of gas. Before you are permitted to pump gas, a preauthorization request will be submitted ( Preauthorization Request ) which could result in a hold on some or all of the funds on your Card. Please note that the Preauthorization Request amount and any resulting hold on some or all of the funds on your Card may vary from time to time without prior notice. 8. USE AT RESTAURANTS, HOTELS, AND SIMILAR MERCHANTS When a merchant with employees receiving tips (e.g. restaurants, spas, hair salons, etc.) requests approval to complete your transaction, the Preauthorization Request will include a fixed percentage (approximately 25 percent or more) to the amount reflected on the bill presented to you prior to payment. This additional amount is meant to cover the tip or possible additional charges that the merchant expects you will add to the bill. A merchant in the travel business (such as a hotel, car rental agency, or cruise line) will also verify that your Card has sufficient funds to pay an anticipated bill for services you are requesting. The anticipated bill may be greater than the actual bill when you check out, return the car, etc. (even though only the actual amount of the bill ultimately will be deducted from your account). As a result of this increased Preauthorization Request, if you have insufficient available balance on your Card to cover the Preauthorization Request amount, your Card may be declined. If you have more than sufficient available balance on your Card to cover the Preauthorization Request amount, it may result in a hold on your available balance for the additional amount if you do not add the amount they expect. Once the merchant sends us the final transaction amount you designate, we will remove the hold on your available balance for any additional amount exceeding the final transaction. This may take up to 7 business days from the transaction date and during this period you will not be able to use any balance subject to this hold. 9. CONVERSION TO U.S. DOLLARS Transactions made in currencies other than U.S. dollars will be converted to U.S. dollars under regulations established by Visa. Conversion to U.S. dollars may occur on a date other than the date of the transaction; therefore, the conversion rate may be different from the rate in effect at the time of the transaction. You agree to pay the converted amount. 10. LOST, STOLEN OR DAMAGED CARD Lost/Stolen Card Call us IMMEDIATELY at if you believe your Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Card. Customer Service is available 24 hours per day, 7 days per week. You will be required to provide us with your name, the Gift Card number, and other information as necessary to verify you as the cardholder. Once this information is verified, we will issue another card with the remaining balance less any applicable fees and any unsettled transactions still pending on the account, provided that the cardholder has exercised reasonable care in safeguarding their Gift Card from risk of loss or

4 theft. We reserve the right to require an affidavit confirming information you provide related to the lost or stolen Gift Card prior to issuing a replacement card. Damaged Card Call us at if your card has been damaged. Customer Service is available 24 hours per day, 7 days per week. You will be required to provide us with your name, the Gift Card number, and other information as necessary to verify you as the cardholder. Once this information is verified, we will issue another card with the remaining balance less any unsettled transactions still pending on the account. 11. ZERO-LIABILITY POLICY Under Visa rules, you may not be liable for any unauthorized transaction made with your Gift Card if you notify us of the unauthorized transaction within 60 days of the posting of the transaction against the balance of your Gift Card. The 60-day period commences on the date of posting even if you do not access your transaction history which is available through our website. If you have registered your Gift Card we will investigate your notice promptly, as stated below. If you have registered your Gift Card and we determine that you exercised reasonable care in safeguarding your Gift Card or Gift Card number from loss or theft and were not otherwise negligent, or engaged in fraud or collusion, we will credit your Gift Card. Unregistered Gift Cards are not eligible for Visa s zero liability protection. 12. UNAUTHORIZED TRANSACTIONS AND ERROR RESOLUTION PROCEDURES In case of errors or questions about your Card transactions, call us IMMEDIATELY at , if you think your transaction history or receipt is wrong or if you need more information about a transfer listed on the transaction history or receipt. Customer Service is available 24 hours per day, 7 days per week. We must hear from you no later than 90 days after we made available to you the transaction history on which the problem or error appeared. You must provide the following information: Cardholder name and Card number A description of the suspected error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information The dollar amount of the suspected error The Gift Card s initial value load amount Information about your five most recent Gift Card transactions, if applicable If you give us the required information by phone, we may require that you send us the complaint or questions in a signed affidavit, 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 calendar days to investigate your complaint or question. 13. GIFT CARD EXPIRATION, EARLY CLOSURE, REVOCATION The Gift Card will be valid a minimum of five (5) years from date of issuance and usable until either all of the purchased monetary value is used or the expiration date of the Gift Card, whichever occurs first. The expiration date is disclosed on

5 the face of the Gift Card. Funds will expire on the Card expiration date. The Gift Card is disposable and cannot have any additional value added to it. 14. TRANSFERABILITY OF CARD: LIABILITY OF TRANSFEROR AND TRANSFEREE The Gift Card may be used by any bearer and is freely transferable. The Purchaser or User may make a gift of this Gift Card or may otherwise transfer the Gift Card to any person and such person may likewise further give or transfer the Gift Card to any other person. Every person to whom the Gift Card is given or transferred becomes a User and becomes bound by this Agreement. PURCHASER AND EVERY USER AGREES THAT IF YOU GIVE THE GIFT CARD TO SOME OTHER PERSON TO USE, YOU ARE AUTHORIZING SUCH OTHER PERSON TO ACT ON YOUR BEHALF, AND YOU WILL BE FULLY RESPONSIBLE FOR ANY AND ALL USE OF THE GIFT CARD BY SUCH OTHER PERSON. You acknowledge your responsibility for providing such person a copy of these Terms and Conditions. 15. GIFT CARD FEES We encourage you to use your Card immediately. There are no fees when using the Card to purchase goods and services. You have access to balance, transaction information and fees online at or by calling The following fees may apply and will be deducted from the available balance on the Card, except where prohibited or modified by applicable law: PURCHASE FEE: $5.00 DORMANCY FEE: $3.95 Dormancy fee will be automatically deducted from the Gift Card balance on the first day of each month beginning with the thirteenth month of consecutive inactivity. CARD REPLACEMENT FEE: $10.00 A fee will be charged to your Card for the replacement of a lost or stolen card. 16. CHANGING THESE TERMS AND CONDITIONS: We may change the terms of, or add a new term to, this Agreement or change any feature of, or add a new feature to, the Card, and we will give you notice of such change in terms of feature, or of such new terms or feature, as required by law, by sending a notice to your last address as shown on our records, if any, or by posting a notice online Revised February 2012