Kum & Go &Rewards SM Debit Card Cardholder Agreement

Transcription

1 This agreement ("Agreement") is made by and between the person named in the "&Rewards Debit Card Enrollment Application" ("you", "your", or "yours") for the use of the service offered by National Payment Card Association dba ZipLine, its affiliates, its subsidiaries or its assignees ("National Payment Card", "ZipLine (NPCA)", "we", "us", "our", "ours"), and shall govern your enrollment in, and use of the National Payment Card System Services ("Service") described herein. 1. Acceptance Of Terms By enrolling in and using this Service, you agree to be bound by the terms and conditions of this Agreement, and you acknowledge that you have read, understand and agree to abide by the terms of this Agreement. You agree that you are intending to form a legally binding contract between yourself and ZipLine (NPCA). Any rights not expressly granted herein are reserved by ZipLine (NPCA) 2. Description of the Service Upon completion of the &Rewards Debit Card Enrollment Application ("Application") and acceptance by ZipLine (NPCA), you will become eligible to use the Services offered by ZipLine (NPCA). We will make a direct deposit to and a withdrawal from your account designated in your Application via the Automated Clearinghouse Association ("ACH"). This deposit and withdrawal will be confirmation to you that you have been enrolled in and may use the Service. User Identification ("User ID" or "PIN") is selected by you at time of enrollment that must be used in conjunction with the card at the time of each purchase. We will issue an &Rewards Debit Card ("Debit Card") to you that can be used for payment for goods and services that you purchase from a participating Kum & Go ("Merchant"). The &Rewards Debit Card will be mailed to you in 7-10 business days. You must follow the instructions that accompany the &Rewards Debit Card Program or which are contained in the sent to you after receiving your enrollment. You will need your address and password to log in to your account at to have access to your account information. 3. Enrollment Requirements You must be 18 years of age or older in order to use the Service. A valid and functional address must be provided. Your enrolled User ID (PIN) should not be shared with anyone. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Application (such information being the "Enrollment Data") and (b) maintain and promptly update the Enrollment Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if ZipLine (NPCA) has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Service and refuse any and all current or future use of the Service (or any portion thereof). By enrolling in and using the Service, in addition to the terms of this Agreement, you agree to comply with all applicable federal, state/provincial and local laws, rules and regulations. Your failure to comply with the Terms and Conditions, including those contained in this section shall be deemed a waiver of any and all claims against ZipLine (NPCA) for any losses you may sustain from using the Service. Page 1

2 4. Enrollee Authorizations In acceptance of this agreement, you authorize ZipLine (NPCA) and/or its Merchants, to withdraw and/or deposit funds in your account via ACH (Electronic Check) at the depository institution designated in the Application which will be reflected in debit and credit entries. You understand that an ACH transaction may take up to three (3) business days to post to your bank account. When you conduct a transaction through our Service, you are responsible for ensuring that the funds are available at the time the transaction is conducted, and properly processed (posts) to your account. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. Additionally, you authorize ZipLine (NPCA) and/or its Merchants to verify your Identity. You also authorize ZipLine (NPCA) to provide transaction history information to its Merchants. The authorization to complete transactions using the Service will remain in effect until you provide us with written notification of your intention to terminate this Agreement in writing. In the event that your bank does not allow electronic transactions, you authorize us to convert the electronic transaction data to a paper draft for presentment to your bank. In the event that your bank denies the electronic transaction and returns electronic payment to ZipLine (NPCA), you authorize us to re-present the original electronic transaction amount. If your payment is returned unpaid (NSF, Account Closed/Frozen, etc.), you authorize us to make an electronic fund transfer from your account to collect the original transaction and a "return fee". The return fee will be up to the maximum amount permissible by state law. This fee is separate from any fees that your bank may impose for such returns. We recommend that you have Overdraft Protection on the account used for your &Rewards Debit card transactions. ZipLine (NPCA) may share data with third parties to verify your identity and the validity of the data presented during enrollment. By accepting this Agreement, you authorize ZipLine (NPCA) to access your personal information from third parties for the purpose of verifying your identity, and to prevent fraud and to authenticate information used to subscribe to the Service in accordance with our Privacy Policy 5. Enrollment and annual account maintenance fee There are no enrollment fees and we do not charge a per transaction fee to the consumer for the use of your &Rewards Debit Card account (and/or mobile application). Your &Rewards Debit card account may be subject to an annual maintenance fee of up to $1.00 after one year from enrollment, as properly disclosed by the participating Merchant. The fee will be properly disclosed at enrollment by the Merchant's website and/or collateral material prior to any fee amount being debited from your authorized bank account. 6. ZipLine (NPCA) Privacy Policy We will securely store your personal information, and other than providing certain Page 2

3 information (not including your bank account information) to the Merchant, will not give or sell your personal information to third-parties for advertising or marketing purposes without your consent. This Agreement and your submission of data through enrollment are governed by our Privacy Policy. Please review the Privacy Policy to learn more about how we hold or may use your personal information. 7. Transfer and Closure of Accounts As an enrollee, your right to use the Service is nontransferable and any rights to your ZipLine (NPCA) account or contents within your account terminate upon written notification from ZipLine (NPCA) in our sole and absolute discretion, at any time for any reason including, but not limited to closure of your bank account, your filing for bankruptcy protection, or your account is subject to judgment or lien. 8. ZipLine (NPCA) Card's Proprietary Rights The service and any related software(s) or documentation are the property of ZipLine (NPCA), its assignees and/or content suppliers, and are protected by United States and International intellectual property rights laws. 9. Confidentiality ZipLine (NPCA) will only disclose information to third parties about the transactions you make: (a) Where it is necessary for completing transactions; (b) In order to verify the existence of your access device for a third party, such as credit bureau or Merchant; (c) In order to comply with a demand from a government agency, court order, or other legal reporting requirements; (d) To Merchants; and (e) If you give us your written permission for any other reason. 10. Our Liability for Failure to Complete Transactions If we do not complete a transfer from your account in the correct amount according with our agreement with you, we may be liable for your direct damages. To the extent allowed by law, we, and the Merchants, will not be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. For example, neither we, nor the Merchants, shall be liable: (a) If, through no fault of ours, you do not have enough money in your account to make the transfer; (b) If a Merchant refuses to accept your card; (c) If an electronic terminal where you are making a transaction does not operate properly; (d) If access to your account has been blocked after you reported your card or PIN lost or stolen; (e) If there is a hold or the funds in your account are subject to legal process or other Page 3

4 encumbrance restricting their use; (f) If we have reason to believe the requested transaction is unauthorized; (g) If circumstances beyond our control (such as fire or flood or computer or communication failure or other acts of God) prevent the completion of the transaction, despite reasonable precautions that we have taken. 11. Warranty Limitation THIS SERVICE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS, OR THAT THE SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES YOU PURCHASE THROUGH THE USE OF THIS SERVICE. 12. Error Resolution Procedures ALL INQUIRIES CONCERNING TRANSACTIONS MADE THROUGH THIS SERVICE MUST BE DIRECTED TO ZipLine (NPCA), AND NOT TO THE MERCHANT, BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for the ZipLine (NPCA) Service and for resolving any errors in transactions made through the use of the Service. We will not send you a periodic statement listing transactions that you make using your Kum & Go &Rewards Debit card. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR CARD, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM THE FINANCIAL INSTITUTION HOLDING YOUR ACCOUNT, YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions you may contact us by , telephone, or in writing addressed in accordance with the contact information provided at the end of these enrollment term and conditions. We must hear from you no later than 60 days after your financial institution sent you the FIRST statement on which the problem or error appeared. (a) Provide us your name and account number (if any). (b) Describe the 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. (c) Provide us the dollar amount of the suspected error. If you advise us orally, we may require that you send us 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 Page 4

5 additional 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 account 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 us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may request copies of the documents that we used in our investigation. IF YOUR CARD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling If you make a claim seeking a refund or provisional credit from us, you warrant and represent that you have not made a claim for the same transaction or received a payment or refund from any other party including, but not limited to your depository financial institution or a Merchant. If you have received a payment or refund from any other party and you also receive a payment or refund for the same transaction from us, you hereby authorize us to immediately reverse the payment or refund given to you by us. 13. Your Liability for Unauthorized Transfers It is your obligation to immediately notify us if you believe your card or PIN has been lost or stolen. Telephoning is the best way of minimizing your possible losses. In the event that you fail to notify us that your &Rewards Debit Card or PIN is lost, stolen or compromised, you could lose all the money in your account (plus your maximum overdraft line of credit). If you notify us within 4 business days of the loss or theft of your card or PIN, your loss will not exceed $50. If you do NOT notify us within 4 business days of the loss or theft of your card PIN, and we can prove we could have stopped someone from using your card or PIN without your permission had you notified us in a timely manner, you could lose as much as $500. Additionally, if the periodic statement provided by your financial institution holding your account shows transfers made with your &Rewards Debit Card or through the use of your User ID or PIN that you did not make, notify us at once. If you do not notify us within 90 days after the statement was made available to you, then may not receive any money lost, if we can demonstrate that we could have stopped someone from taking the money, had you notified us in a timely manner. We may, in our sole and absolute discretion, extend the grace period in the prior sentence, upon good cause shown. Page 5

6 (a)contact in event of unauthorized transfer: If you believe your card or PIN has been lost or stolen, call: or write: National Payment Card Association dba ZipLine Attn: Customer Service 4171 W. Hillsboro Blvd., Suite 5 Coconut Creek, FL (b)business days: For purposes of these disclosures, our business days are Monday through Friday, not including Bank Holidays. (c)transaction and velocity limitations: 1. Account access. You may use your card and PIN to pay for purchases at Kum & Go locations that have agreed to accept the card. 2. Limitations on frequency of transactions - for security reasons, there are limits on the number of transactions you can make using our point-of-sale transaction service. No more than Seven (7) transactions each day and Twenty (20) transactions each week. 3. Limitations on dollar amounts of transactions - You may buy up to $75 - $100 (as determined by the Merchant) per transaction not to exceed $150 worth of goods or services each day and $500 each calendar week that you use the card in our point-of-sale transaction service. 4. Transaction velocity limitations may vary by merchant and will be disclosed in the welcome that you will receive upon enrollment. (d)documentation: 1. Terminal transactions. You are entitled to receive a receipt at the time you make any transaction to or from your account using our Service. 14. Termination You agree that ZipLine (NPCA) may cancel or suspend this Service and terminate this Agreement in ZipLine's (NPCA) sole and absolute discretion, at any time, for any reason with or without prior notice. You may terminate this Agreement at any time by contacting us by , by telephone, or in writing at the contact information provided at the end of these enrollment terms and conditions. Upon termination of this Agreement: (a) you will no longer have access to the Service, and (b) your User ID and all related information, content, data associated with or inside your account (or any party thereof) will be deactivated. Page 6

7 You agree that termination of this Agreement by you or us will not affect any of our rights or your obligations arising under this Agreement prior to termination. 15. Notice We may provide you with notices including those regarding changes to this Agreement by , regular mail and/or by posting on the Member website ( 16. Miscellaneous Entire Agreement. This Agreement constitutes the entire agreement between you and ZipLine (NPCA) governing your use of the Service and supersedes any prior agreements between you and us to that subject matter. 17. WAIVER OF JURY AND ARBITRATION PROVISION: READ THIS PROVISION CAREFULLY AS IT AFFECTS YOUR RIGHT TO JURY TRIAL 17.1 Waiver of Jury Trial; Other Rights. Upon written demand by either party, the parties shall proceed to resolve all claims exclusively and finally by binding arbitration. THERE SHALL BE NO RIGHT TO A JURY TRIAL. The arbitration hearing shall be conducted at a location within twenty (20) miles of Your address at the time of such arbitration. The arbitration shall be conducted before the American Arbitration Association (the "AAA"), pursuant to the AAA Commercial Arbitration Rules, which can be obtained on line at or by calling the AAA at ZipLine (NPCA) will provide a copy of the Arbitration Rules to You via upon written request. The arbitration shall be conducted by one neutral arbitrator appointed by the AAA. The arbitrator shall have actual experience in and knowledge of the Payments Processing and Gift and Loyalty Industries to the greatest extent practicable, unless the parties agree otherwise. The parties agree that the Federal Arbitration Act ("FAA") and related federal law shall govern the interpretation, implementation and enforcement of this Section to the fullest extent possible. In the event state law shall govern, the laws of the State of Florida shall apply. The arbitrator shall have the authority to award any relief at law, or in equity which would otherwise be available in a court of law. The arbitration filing fee and the arbitrator's fee shall be paid by ZipLine (NPCA), as the Parties intend that the costs of arbitration to You be the same or less than the cost of filing and prosecuting a lawsuit No Class Actions: The Parties hereto acknowledge and agree that this arbitration shall be solely between the Parties to this Agreement, and no class arbitration, or other representative action may be undertaken by the arbitrator. The parties further agree that the arbitrator shall not have the power to combine this with any other arbitration or to treat this as a representative action, or as a class action. Page 7

8 17.3 Opt-Out. You may elect to opt out of this Waiver of Jury Trial and Arbitration Provision by sending written notice to ZipLine (NPCA) to be received by the close of business on or before the tenth (10th) calendar day after this Agreement is executed, time being "of the essence". Opt-out notices received after this deadline shall be of no force and effect. The opt-out shall not modify any of the parties other rights and remedies contained herein. Waiver and Severability of Terms - Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect. Survival of Claims - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose or be forever barred. Third Party Beneficiary - Although the Merchants have no obligation under this Agreement, the Merchants are made express third party beneficiaries of our rights under this Agreement. Electronic Notifications - ZipLine (NPCA) will provide you with all disclosures, policies, notices and other communications about the Service, including this Agreement, in electronic form, and we will provide revisions and amendments to this Agreement, and such other information, including but not limited to information under Regulation E and other laws and regulations, electronically as a part of the Agreement or otherwise as a part of the Service. We will provide all future notices by posting them on our website or by . By accepting this Agreement, you are also consenting to accept documents electronically that relate to all future transactions you conduct using this Service. We will provide you with notices, amendments to this Agreement, and other communications in electronic form rather than in paper form. These electronic records will be stored by us and available for your viewing at our enrollment web sitewww.npcmember.comwe will send you an when a notice is first posted to the website, letting you know that a notice is now available to you for pick-up. The notices will be stored in the confidential section of our website and they will be available to you for at least 180 days following the date the notice is first posted for pick-up or the date we send the to you, whichever is later. To access the notices, you will need to use the security procedures used as part of the Service. Paper copies of the electronic records described above will be made available to you only if you specifically request a copy. You can request a copy of an electronic record by contacting us at the contact information provided at the end of these enrollment terms and conditions. Page 8

9 After you have consented to this Agreement, you may withdraw your consent to receive electronic records at any time by contacting us at the contact information provided at the end of these enrollment terms and conditions. Use of the Service requires ZipLine (NPCA) to maintain your current address. You agree to provide ZipLine (NPCA) with any updated information needed in order for us to be able to provide you with electronic records from time to time and at any time. This includes, but is not limited to, providing ZipLine (NPCA) with any changes to your address by contacting us at the contact information provided at the end of these enrollment terms and conditions. In order to access, view, and retain electronic documents that we make available to you, you must have: Access to the internet via a personal computer installed with a web browser software. You may print and retain a copy of the Agreement or any other notices or communication. However, we only provide these documents electronically. You can obtain a copy of the most recent agreement at a later date by going to the disclosure section on the login screen. If we change the minimum hardware or software requirements needed to access or retain electronic records, and the change creates a material risk that you will not be able to access or retain a subsequent record, then we will let you know about the change(s) before the change(s) takes effect and let you know what the new requirements are. By checking the authorization box in the &Rewards Debit Card Enrollment Application screen, you are thereby accepting and agree to be bound by the above terms and conditions. By providing your consent to this Agreement, you also confirm that you are able to access all of the disclosures, records and other information provided to you in electronic form. Contact information: Mail: National Payment Card Association dba ZipLine Attn: Customer Service 4171 W. Hillsboro Blvd., Suite 5 Coconut Creek, FL Customer Service <customerweb@nationalpaymentcard.com> Phone: Page 9