IMPORTANT – PLEASE READ CAREFULLY
Phrases and Situations/Definitions for the Vanilla eReward Visa® Digital Account This doc constitutes the settlement (“Settlement”) between you and The Bancorp Financial institution, Wilmington, Delaware (“The Bancorp Financial institution”) outlining the phrases and situations below which the Digital Account has been issued. By accepting and utilizing the Digital Account, you comply with be sure by the phrases and situations contained on this Settlement. “Digital Account” means the Vanilla eReward Visa Digital Account issued to you by The Bancorp Financial institution. Digital Account additionally means the data we keep to account for the worth of claims related to the Digital Account. “Issuer” means The Bancorp Financial institution or its depository affiliate. The Issuer” is an FDIC insured member establishment. “You” and “your” imply the particular person or individuals who’ve obtained the Digital Account and are licensed to make use of the Digital Account as offered for on this Settlement. “We,” “us,” and “our” imply the Issuer, our successors, associates or assignees. InComm Monetary Companies, Inc., P.O. Field 826, Fortson, Georgia 31808, is the entity managing the Digital Account (“Program Supervisor”). You acknowledge and agree that the worth accessible within the Digital Account is proscribed to the funds which have been loaded to the Digital Account in your behalf. The Digital Account is a pay as you go account. You could have obtained this Digital Account as a gratuity with out the cost of any financial worth or consideration. You aren’t the proprietor of the Digital Account or the funds underlying the Digital Account. Your failure to activate and use the Digital Account ends in the lack of all proper, title and curiosity within the Digital Account and the underlying funds. The Digital Account is just not related in any strategy to every other account. The Digital Account is just not a credit score account and isn’t for resale. You’ll not obtain any curiosity on the funds within the Digital Account. The Digital Account will stay the property of the Issuer and have to be surrendered upon demand. The Digital Account is nontransferable and it might be canceled, repossessed, or revoked at any time with out prior discover topic to relevant regulation. The Digital Account is just not designed for enterprise use, and we might shut the Digital Account if we decide that it’s getting used for enterprise functions. We might refuse to course of any transaction that we consider might violate the phrases of this Settlement.
Our enterprise days are Monday by means of Friday, excluding federal holidays, even when we’re open. Any references to “days” discovered on this Settlement are calendar days except indicated in any other case. Write down the Digital Account quantity and the customer support cellphone quantity offered on this Settlement on a separate piece of paper in case the Digital Account quantity is misplaced, stolen, or destroyed. Preserve the paper in a secure place. Please learn this Settlement fastidiously and preserve it for future reference.
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Activate The Digital Account The Digital Account will probably be lively once you obtain it. Chances are you’ll start utilizing the Digital Account instantly upon receipt.
Selecting A Private Identification Quantity If you first use the Digital Account, any four-digit code will work because the preliminary Private Identification Quantity (“PIN”) for the primary PIN-based transaction. After the primary PIN-based transaction, it’s essential to use the identical PIN for every subsequent PIN-based transaction, except and till you select to reset the PIN as described under within the part labeled, “Resetting The PIN.” Select a PIN that you would be able to bear in mind simply – however keep away from utilizing apparent numbers like “1234” or “5555.”
Resetting The PIN If it’s worthwhile to reset the Digital Account PIN, please go to VanillaEReward.com or name 1-844-244-9758. By visiting this web site or calling Buyer Service, it’s possible you’ll deactivate the Digital Account PIN. You can be required to supply details about the Digital Account (the account quantity, expiration date and safety code) to reset the PIN. Chances are you’ll then choose a brand new four-digit PIN through the subsequent PIN-based transaction.
Licensed Digital Account Customers You might be liable for all licensed transactions initiated and charges incurred by use of the Digital Account. For those who allow one other particular person to have entry to the Digital Account, we are going to deal with this as when you have licensed such use and you’ll be chargeable for all transactions and charges incurred by these individuals. You might be wholly liable for the usage of the Digital Account in line with the phrases and situations of this Settlement. Secondary Digital Accountholder Chances are you’ll not request a further Digital Account for one more particular person.
Your Representations and Warranties By activating the Digital Account or by retaining, utilizing or authorizing the usage of the Digital Account, you characterize and warrant to us that: (i) you might be at the very least 18 years of age (or older when you reside in a state the place the bulk age is older); (ii) you’re a U.S. citizen or authorized alien residing within the fifty (50) states of the USA (“U.S”) or the District of Columbia; (iii) you may have offered us with a verifiable U.S. avenue handle (not a P.O. Field); (iv) the non-public info that you just present to us in reference to the Digital Account is true, appropriate and full; (v) you obtained a replica of this Settlement and comply with be sure by and to adjust to its phrases; and (vi) you settle for the Digital Account.
Money Entry As a result of you’ll not obtain a card, it’s possible you’ll not use the Digital Account to acquire money from an Automated Teller Machine (“ATM”) Level-of-Sale (“POS”) machine or by every other means.
Loading The Digital Account Chances are you’ll not load funds to the Digital Account. Solely the Program Supervisor might load funds to the Digital Account. You should have entry to the funds inside twenty-four (24) hours after the Digital Account is loaded. The Digital Account is just not reloadable after the preliminary loading. Private checks, cashier’s checks, and cash orders despatched to the Issuer should not an appropriate type of loading. All checks and cash orders despatched to the Issuer for Digital Account loading will probably be returned except the total quantity could also be utilized in direction of a unfavourable steadiness, through which case the examine or cash order might or might not be loaded to the Digital Account on the discretion of the Issuer. The utmost worth of the Digital Account is restricted to $1,000.00. These are the boundaries related to loading the Digital Account:
Transaction Kind Frequency and/or Greenback Limits Load from Program Supervisor Card is Non Reloadable $5.00 as much as $1,000.00
Preauthorized Transfers The Digital Account can’t be used for preauthorized direct debits from retailers, Web service or different utility service suppliers. If offered for cost, preauthorized direct debits will probably be declined and cost to the service provider or supplier is not going to be made. You aren’t licensed to supply the mixture of the Issuer’s financial institution routing quantity and the Digital Account quantity to anybody.
Utilizing The Digital Account/Options The utmost worth of the Digital Account is restricted to $1,000.00. These are the utmost quantities that may be spent on the Digital Account:
Transaction Kind Frequency and/or Greenback Limits Digital Account Purchases (Signature) No restrict to the variety of instances per day, $1,000.00 per transaction, as much as $1,000.00 per day Digital Account Purchases (PIN) No restrict to the variety of instances per day, $1,000.00 per transaction, as much as $1,000.00 per day
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Chances are you’ll use the Digital Account to buy or lease items or companies within the fifty (50) states of the USA (“U.S.”) and the District of Columbia on-line, by mail, or phone in all places Visa debit playing cards are accepted so long as you don’t exceed the accessible worth of the Digital Account. The Digital Account might not be used outdoors the U.S. and the District of Columbia, together with Web and mail or phone order retailers outdoors the U.S. and the District of Columbia. Some retailers don’t enable Digital Account holders to conduct break up transactions the place you utilize the Digital Account as partial cost for items and companies and pay the rest of the steadiness with one other type of authorized tender. For those who want to conduct a break up transaction and it’s permitted by the service provider, it’s essential to inform the service provider to cost solely the precise quantity of funds accessible on the Digital Account to the Digital Account. You have to then organize to pay the distinction utilizing one other cost technique. For those who fail to tell the service provider that you just wish to full a break up transaction, the Digital Account is more likely to be declined. If you use the Digital Account to pay for items or companies, sure retailers (equivalent to automotive rental corporations, eating places, and lodges) might ask us to authorize the transaction upfront and will estimate its ultimate worth as much as twenty (20%) extra to cowl any tip or gratuity that you could be add. Once we preauthorize a transaction, we decide to make the requested funds accessible when the transaction lastly settles and will place a short lived maintain on the Digital Account funds for the quantity indicated by the service provider (which can be greater than the ultimate settled transaction quantity). We additionally might add an quantity for sure retailers to make sure that adequate funds will probably be accessible to cowl the ultimate transaction. Sure retailers that authorize excessive greenback quantities, e.g., rental automotive corporations and lodges, might trigger an “authorization” or “maintain” on the accessible steadiness for as much as thirty (30) days. Till the transaction lastly settles or we decide it’s unlikely to be processed, the funds topic to the maintain is not going to be accessible to you for different functions. We are going to solely cost the Digital Account for the right amount of the ultimate transaction, nonetheless, and can launch the maintain on any extra quantity when the transaction lastly settles.
You wouldn’t have the appropriate to cease cost on any buy or cost transaction originated by use of the Digital Account. Chances are you’ll not make preauthorized common funds from the Digital Account. For those who authorize a transaction after which fail to make a purchase order of that merchandise as deliberate, the approval might lead to a maintain for that quantity of funds for as much as thirty (30) days.
For safety causes, we might restrict the quantity or variety of transactions you may make on the Digital Account. The Digital Account can’t be redeemed for money. Chances are you’ll not use the Digital Account for on-line playing or any unlawful transaction. Every time you utilize the Digital Account, you authorize us to cut back the accessible worth of the Digital Account by the quantity of the transaction and any relevant charges. You aren’t allowed to exceed the accessible quantity within the Digital Account by means of a person transaction or a collection of transactions. Nonetheless, if a transaction exceeds the accessible steadiness of funds on the Digital Account, you shall stay totally liable to us for the quantity of the transaction and any charges, if relevant.
Non-Visa Debit Transactions New procedures are in impact which will influence you once you use the Digital Account at sure service provider places. Previously, transactions have been processed as Visa debit transactions except you entered a PIN. Now, if you don’t enter a PIN, transactions could also be processed as both a Visa debit transaction or as a PULSE transaction. Retailers are liable for and should give you a transparent approach of selecting to make a Visa debit transaction in the event that they help the choice. Please be suggested that ought to you select to make use of the PULSE community when making a transaction with no PIN, completely different phrases might apply. Sure protections and rights relevant solely to Visa debit transactions as described on this Settlement is not going to apply to transactions processed on the PULSE community. Please seek advice from the paragraph labeled “Your Legal responsibility for Unauthorized Transfers” for an outline of those rights and protections relevant to Visa debit and non-Visa debit transactions. To provoke a Visa debit transaction on the POS for a mail order, phone or Web buy, present the 16-digit Digital Account quantity to the service provider. To provoke a non-Visa debit transaction on the POS, present the 16-digit Digital Account quantity after clearly indicating a desire to route the transaction as a non-Visa debit transaction for sure invoice cost, mail order, phone, or Web purchases.
Returns and Refunds If you’re entitled to a refund for any purpose for items or companies obtained with the Digital Account, you agree to simply accept credit to the Digital Account for such refunds and comply with the refund coverage of that service provider. Neither the Issuer nor Program Supervisor is liable for the supply, high quality, security, legality or every other facets of products or companies that you just buy from others with the Digital Account. All such disputes have to be addressed and dealt with instantly with the service provider from whom these items or companies had been offered. Digital Account Substitute If it’s worthwhile to exchange the Digital Account for any purpose, please contact 1-844-244-9758 to request a alternative Digital Account quantity. You can be required to supply private info which can embody the 16-digit Digital Account quantity, your full identify, transaction historical past, copies of accepted identification, and so forth.
Expiration The Digital Account will expire no earlier than six (6) months from the date it was issued. The funds expire when the Digital Account expires. You won’t be able to make use of the Digital Account after the expiration date. The Digital Account might not be changed after the expiration date. For those who want a alternative Digital Account quantity for any purpose apart from the Digital Account’s expiration, it’s possible you’ll request one at any time.
Transactions Made In International Currencies The Digital Account might solely be used inside the fifty (50) U.S. states and the District of Columbia.
Receipts It’s best to get a receipt on the time you make a transaction utilizing the Digital Account. You comply with retain, confirm, and reconcile your transactions and receipts.
Digital Account Steadiness/Transaction Historical past You might be liable for maintaining observe of the accessible steadiness of the Digital Account. Retailers usually won’t be able to find out the accessible steadiness. It’s necessary to know the accessible steadiness earlier than making any transaction. Chances are you’ll receive details about the sum of money remaining within the Digital Account by calling 1-844-244-9758. This info, together with a sixty (60) day historical past of Digital Account transactions, can be accessible on-line at VanillaEReward.com. You even have a proper to acquire a sixty (60) day written historical past of Digital Account transactions by calling 1-844-244-9758 or by writing to VanillaEReward.com. You’ll not mechanically obtain paper statements.
Charge Schedule There are not any charges related to the Vanilla eReward Visa Digital Account. Confidentiality We might disclose info to 3rd events in regards to the Digital Account or the transactions you make:
- The place it’s vital for finishing transactions;
- To be able to confirm the existence and situation of the Digital Account for a 3rd occasion, equivalent to a service provider;
- To be able to adjust to authorities company, court docket order, or different authorized or administrative reporting necessities;
- For those who consent by giving us your written permission;
- To our workers, auditors, associates, service suppliers, or attorneys as wanted; or
- In any other case as vital to meet our obligations below this Settlement.
Our Legal responsibility for Failure To Full Transactions If we don’t correctly full a transaction from the Digital Account on time or in the right amount in line with our Settlement with you, we will probably be liable on your losses or damages. Nevertheless, there are some exceptions. We is not going to be liable, as an example:
- If by means of no fault of ours, you wouldn’t have sufficient funds accessible on the Digital Account to finish the transaction;
- If a service provider refuses to simply accept the Digital Account;
- If an digital terminal the place you make a transaction doesn’t function correctly, and also you knew about the issue once you initiated the transaction;
- If entry to the Digital Account has been blocked after you reported the Digital Account misplaced or stolen;
- If there’s a maintain or the funds are topic to authorized or administrative course of or different encumbrance proscribing their use;
- If now we have purpose to consider the requested transaction is unauthorized;
- If circumstances past our management (equivalent to fireplace, flood, or pc or communication failure) forestall the completion of the transaction, regardless of cheap precautions that now we have taken; or
- Another exception acknowledged in our Settlement with you.
Your Legal responsibility for Unauthorized Transfers Contact us directly when you consider the Digital Account quantity has been misplaced or stolen. Telephoning is the easiest way to reduce attainable losses. For those who consider the Digital Account quantity has been misplaced or stolen, or that somebody has transferred or might switch cash from the Digital Account with out your permission, name 1-844-244-9758 or go to VanillaEReward.com. Below Visa U.S.A. Inc. Working Rules, your legal responsibility for unauthorized Visa debit transactions on the Digital Account is $0.00 if you’re not grossly negligent or fraudulent within the dealing with of the Digital Account. This diminished legal responsibility doesn’t apply to sure business Digital Account transactions, transactions not processed by Visa, or to ATM transactions outdoors the U.S. You have to notify us instantly of any unauthorized use. If the Digital Account quantity has been misplaced or stolen, we are going to shut the Digital Account to maintain losses down losses down and can ship a alternative Digital Account quantity.
Different Miscellaneous Phrases The Digital Account and your obligations below this Settlement might not be assigned. We might switch our rights below this Settlement. Use of the Digital Account is topic to all relevant guidelines and customs of any clearinghouse or different affiliation concerned in transactions. We don’t waive our rights by delaying or failing to train them at any time. If any provision of this Settlement shall be decided to be invalid or unenforceable below any rule, regulation, or regulation of any governmental company, native, state, or federal, the validity or enforceability of every other provision of this Settlement shall not be affected. This Settlement will probably be ruled by the regulation of the State of South Dakota besides to the extent ruled by federal regulation.
Modification and Cancellation We might amend or change the phrases and situations of this Settlement at any time by posting the amended Settlement on our web site at VanillaEReward.com, and any such modification shall be efficient upon such posting to that web site. The present Settlement is on the market at VanillaEReward.com. You can be notified of any change within the method offered by relevant regulation previous to the efficient date of the change. Nevertheless, if the change is made for safety functions, we are able to implement such change with out prior discover. We might cancel or droop the Digital Account or this Settlement at any time. Chances are you’ll cancel this Settlement by calling 1-844-244-9758 to shut the Digital Account. Your termination of this Settlement is not going to have an effect on any of our rights or your obligations arising below this Settlement previous to termination. Within the occasion the Digital Account is cancelled, closed, or terminated for any purpose, the unused funds will probably be returned to the Program Supervisor.
Data About Your Proper to Dispute Transactions Within the case of a discrepancy or questions on Digital Account transaction(s), name 1-844-244-9758, write to P.O. Field 826, Fortson, GA 31808 as quickly as you may. You have to contact us no later than sixty (60) calendar days after we posted the transaction(s) to the Digital Account. Chances are you’ll request a written historical past of your transactions at any time by calling 1-844-244-9758 or writing to P.O. Field 826, Fortson, GA 31808. In case of a discrepancy or questions in regards to the Digital Account transactions you’ll need to inform us:
- Your identify and the 16-digit Digital Account quantity.
- An outline of the transaction(s) together with the date and greenback quantity.
- Why you consider there’s a discrepancy.
For those who present this info orally, we might require that you just ship the small print listed above in writing inside sixty (60) calendar days after we posted the transaction(s) you might be questioning. You comply with cooperate totally with our investigation and to supply any further info or documentation we might have for the declare. As soon as now we have the required particulars, info, and/or paperwork, we are going to decide whether or not a discrepancy occurred. Our investigation might take as much as 100 and twenty (120) days from the transaction settlement date. If we ask you to place particulars in writing and you don’t present them inside sixty (60) calendar days of the date we posted the transaction(s) you might be questioning, we might not be capable of resolve the declare in your favor. We are going to let you know the ends in writing after finishing our investigation. If we decide a discrepancy occurred we are going to appropriate the discrepancy promptly and credit score the Digital Account. If we resolve there was no discrepancy, we are going to ship you a written clarification.
English Language Controls Any translation of this Settlement is offered on your comfort. The meanings of phrases, situations and representations herein are topic to definitions and interpretations within the English language. Any translation offered might not precisely characterize the knowledge within the unique English.
Buyer Service For customer support or further info concerning the Digital Account, please contact: Vanilla eReward Visa Digital Account P.O. Field 826 Fortson, Georgia 31808 1-844-244-9758 Buyer Service brokers can be found to reply your calls twenty-for (24) hours a day, seven (7) days per week, together with holidays.
Phone Monitoring/Recording Now and again we might monitor and/or report phone calls between you and us to guarantee the standard of our customer support or as required by relevant regulation.
No Guarantee Concerning Items or Companies as Relevant We’re not liable for the standard, security, legality, or every other facet of any items or companies you buy with the Digital Account.
Arbitration Any declare, dispute, or controversy (“Declare”) arising out of or relating in any strategy to: i) this Settlement; ii) the Digital Account; iii) your acquisition of the Digital Account; iv) your use of the Digital Account; v) the quantity of obtainable funds within the Digital Account; vi) commercials, promotions or oral or written statements associated to the Digital Account, in addition to items or companies bought with the Digital Account; vii) the advantages and companies associated to the Digital Account; or viii) transactions on the Digital Account, regardless of how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding particular person arbitration carried out by the American Arbitration Affiliation (“AAA”) below its Client Arbitration Guidelines. This arbitration settlement is made pursuant to a transaction involving interstate commerce, and shall be ruled by the Federal Arbitration Act (9 U.S.C. 1-16).
We can pay the preliminary submitting price to start arbitration and any arbitration listening to that you just attend shall happen within the federal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a replica of the procedures, to file a Declare or for different details about this group, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org. All determinations as to the scope, interpretation, enforceability and validity of this Settlement shall be made ultimate solely by the arbitrator, which award shall be binding and ultimate. Judgment on the arbitration award could also be entered in any court docket having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. This arbitration provision shall survive: i) the termination of the Settlement; ii) the chapter of any occasion; iii) any switch, sale or project of the Digital Account, or any quantities owed on the Digital Account, to every other particular person or entity; or iv) expiration of the Digital Account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining parts shall stay in power.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE VIRTUAL ACCOUNT. CALL 1-844-244-9758 TO CANCEL THE VIRTUAL ACCOUNT AND MAKE ALTERNATE ARRANGEMENTS TO RECEIVE THE FUNDS ASSOCIATED WITH THE VIRTUAL ACCOUNT. This Digital Accountholder Settlement is efficient 4/2016.