Five Back Visa Metabank Cardholder Agreement

This is the Cardholder agreement for Visa Gift Cards starting with 4511 29.
If your Visa Gift Card starts with 4267 31, find your Cardholder Agreement here.
If your Visa Gift Card starts with 4358 80, find your Cardholder Agreement here.

Visa® Gift Card (“Card”) Frequently Asked Questions and Cardholder Agreement

Important Notice
CUSTOMER SERVICE CONTACT INFORMATION:

10615 Professional Circle, Suite 102; Reno NV 89521 (Address)
www.giftcardmall.com/mygift
1-855-202-5628 (Toll-Free Customer Service Number)

IMPORTANT NOTICES:
  1. GIVE THIS DOCUMENT TO THE RECIPIENT OF THE GIFT CARD FOR ANY FUTURE QUESTIONS OR ISSUES.
  2. PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“DISPUTE CLAUSE” SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
  3. ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE ON YOUR CARD. MERCHANTS MAY NOT HAVE ACCESS TO DETERMINE YOUR CARD BALANCE.
  4. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE CARD. SAVE YOUR RECEIPT AND CANCEL THE CARD BY CALLING CUSTOMER SERVICE AND REQUESTING A REFUND CHECK.
Visa Gift Card Cardholder Agreement
IMPORTANT - PLEASE READ CAREFULLY
CUSTOMER SERVICE CONTACT INFORMATION:

10615 Professional Circle, Suite 102; Reno NV 89521 (“Notice Address”)
www.giftcardmall.com/mygift (“Website”)
855-202-5628 (“Toll-Free Customer Service Number”)

Fees associated with your Card

Purchase Fee:

A purchase fee of may be assessed at time of purchase. The purchase fee depends on the amount of money initially associated with your Card, as follows:

Gift Card Value
$10 — $74.99
$75 — $149.99
$150 — $249.99
$250 — $349.99
$350 — $500

Purchase Fee
$2.95
$3.95
$4.95
$5.95
$6.95

Maintenance Fee:

Subject to applicable law, beginning on the 13th month after there has been no activity on your Card, a monthly maintenance fee of $4.95 will be deducted from the funds associated with your Card. This fee will continue to be assessed as long as there are funds associated with your Card and no further activity has occurred. If further activity occurs, we will wait until the 13th consecutive month of inactivity to assess the monthly maintenance fee. If you do not use your Card for an extended period of time, these fees may lower or even exhaust the balance of your Card before the “valid thru” date has passed. You may avoid this fee by making regular purchases with your Card.

Lost / Stolen Card Replacement Fee:

If your Card is lost or stolen, there will be a fee of $5 to replace it.

Although your Card has a “valid thru” date, the funds associated with your Card do not expire. When the “valid thru” date has passed, you must call 855-202-5628 to obtain a replacement Card.

This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which a Visa Gift Card (“Card”) has been issued to you. The Visa Gift Card is a prepaid Card issued by MetaBank°®, with certain services provided by Blackhawk Network California, Inc. By accepting and using this Card, signing the back of the Card, activating the Card, or authorizing any person to use the Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We”, “us”, “our”, and “Bank” mean MetaBank, our successors, affiliates or assignees. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of Bank and must be surrendered upon demand. The Card is nontransferable after it has been signed, 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. These terms and conditions apply to both the purchaser and any other user of the Card. It is the purchaser's obligation to provide these terms and conditions to any user; however, new terms and conditions may be provided, or any other questions or concerns answered by contacting Customer Service.

1. ABOUT YOUR CARD

The Card is a prepaid Card loaded with a specific amount of funds, redeemable to buy goods and services anywhere Visa debit Cards are accepted in the US. The Card is NOT a credit Card. The Card is not a checking account or connected in any way to any account other than a stored value account where your funds are held. You will not receive any interest on the funds in your Card account. If you have registered your Card, the funds in your Card account will be insured by the Federal Deposit Insurance Corporation (“FDIC”), subject to applicable limitations and restrictions of such insurance. You may register your Card by visiting the Website at www.giftcardmall.com/mygift or calling the Toll Free Customer Service Number at 855-202-5628.

You may not load additional funds to the Card.

2. USING YOUR CARD a. Accessing Funds and Limitations

You may use your Card to obtain goods or services wherever the Card is honored. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. Your Card cannot be:

  1. redeemed for cash;
  2. used to obtain cash in any transaction;
  3. used for illegal transactions;
  4. used to make foreign transactions; or
  5. used for purchases where recurring payments may occur, such as subscriptions, memberships, rentals, etc.

For security reasons, we may limit the amount or number of transactions you can make on your Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

Your card is valid in the U.S. only. It cannot be used at merchants outside of the United States, including internet and mail/telephone order merchants outside of the United States. Although your Card will not be accepted at locations outside of the United States, it is welcome at millions of locations within the U.S. anywhere Visa debit Cards are accepted.

b. Personal Identification Number ("PIN")

To set your PIN for PIN debit purchases, call Customer Service or visit our Website. Cards are not accepted at ATMs and cannot be used to obtain cash in any purchase transaction. You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that there has been unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Unauthorized Transactions.”

c. Obtaining Card Balance Information

You should keep track of the amount of value loaded on Cards issued to you. You may obtain information about the amount of money you have remaining in your Card account at no charge by contacting Customer Service. This information, along with a 60-day history of account transactions, is also available online by visiting our Website. You also have the right to obtain a sixty (60) day written history of account transactions by contacting Customer Service.

d. Authorized Users

Until you sign, you may present the Card to another person. If you do provide access to your Card or Card number, 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 Card information or have access to your account. You are responsible for all transactions and fees incurred by you or any other person you have authorized.

e. Authorization Holds

You do not have the right to stop payment on any purchase transaction originated by use of your Card. With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. 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.

f. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.

g. Receipts

You may wish to retain receipts as a record of transactions. Receipts will be required if you need to verify a transaction.

h. Split Transactions and Other Uses

If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. 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 an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself. Payment for pay-at-the-pump stations must be made inside.

YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON YOUR CARD. If you attempt to use the Card when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.

3. REPLACEMENT CARD

The funds on your Card do not expire. The "valid thru" date indicated on the front of your Card is not an expiration date, but is intended primarily for fraud protection purposes and also permits your Card to be used with certain Internet or mail/telephone order merchants. After the "valid thru" date, your available funds will be temporarily unavailable until you contact Customer Service for a replacement Card with a new "valid thru" date. If your Card still has unused funds on it after your Card expires, you may order a new Card by contacting Customer Service. You will not be charged a replacement Card fee if you are ordering a replacement Card due to your Card expiring, in order to continue accessing unused funds.

Please report any lost/stolen Cards immediately by calling Customer Service at 855-202-5628. Upon contacting us for any lost/stolen card, your funds will be temporarily unavailable until you activate your replacement Card. If your Card is lost or stolen, and you are calling for a replacment Card, you may be charged a Lost/Stolen Card Replacement Fee, as noted in the Fee Chart above.

4. BUSINESS DAYS

For purposes of these disclosures, our business days are Monday through Friday, excluding federal holidays.

5. UNAUTHORIZED TRANSACTIONS a. Contact Customer Service Immediately

If you believe your Card has been lost or stolen or an unauthorized transaction has been made using the information from your Card without your permission, contact Customer Service IMMEDIATELY. We will ask for the Card number and other identifying details. We cannot assist you if you do not have the Card number. We reserve the right to investigate any claim you may make with respect to a lost or stolen Card or unauthorized transaction, and you agree to cooperate with such investigation. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. We will charge a Lost/Stolen Card Replacement Fee of $5 as noted in the fee table above to replace any loststolen Card, which will be deducted from the balance on the Card. A reissued Card may take up to 30 days to process.

b. Your Liability for Unauthorized Visa Prepaid Card Transactions

Visa’s Zero Liability policy covers U.S.-issued cards only and does not apply to ATM transactions, PIN transactions not processed by Visa, or certain commercial card transactions. Cardholder must notify issuer promptly of any unauthorized use. Consult issuer for additional details or visit www.visa.com/security.

6. NO WARRANTIES AND LIMITATION OF LIABILITY

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with a Card or using the Card Account. Further, we will not be liable:

  1. If, through no fault of ours, you do not have enough funds available in your Card account to complete the transaction;
  2. If a merchant refuses to accept your Card;
  3. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
  4. If access to your Card has been blocked after you reported your Card lost or stolen;
  5. 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; or
  6. For any other exception stated in our Agreement with you.
7. 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 any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). 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 laws of the state of South Dakota except to the extent governed by federal law. Should your Card have a remaining balance after a certain period of time, we may be required to remit the remaining funds to the appropriate state agency.

8. TELEPHONE MONITORING/RECORDING

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.

9. AMENDMENT AND CANCELLATION

We may amend or change the terms of this Agreement at any time, subject to applicable law. You will be notified of any change in the manner required by applicable law. However, if the change is made for security purposes, we can implement such change without prior notice.

10. ENGLISH LANGUAGE CONTROLS

Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

11. WAIVER OF RIGHT TO TRIAL BY JURY YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE DISPUTE CLAUSE SET FORTH IN THE FOLLOWING SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.
12. DISPUTE CLAUSE

We have put this Dispute Clause in question and answer form to make it easier to follow. However, this Dispute Clause is part of this Agreement and is legally binding.

Background and Scope.
Question Short Answer Further Detail
What is arbitration? An alternative to court In arbitration, a third party arbitrator (“Arbitrator”) solves Disputes in an informal hearing.

authorizing any person to use the Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We”, “us”, “our”, and “Bank” mean MetaBank, our successors, affiliates or assignees. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of Bank and must be surrendered upon demand. The Card is nontransferable after it has been signed, 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. These terms and conditions apply to both the purchaser and any other user of the Card. It is the purchaser's obligation to provide these terms and conditions to any user; however, new terms and conditions may be provided, or any other questions or concerns answered by contacting Customer Service.

1. ABOUT YOUR CARD

The Card is a prepaid Card loaded with a specific amount of funds, redeemable to buy goods and services anywhere Visa debit Cards are accepted in the US. The Card is NOT a credit Card. The Card is not a checking account or connected in any way to any account other than a stored value account where your funds are held. You will not receive any interest on the funds in your Card account. If you have registered your Card, the funds in your Card account will be insured by the Federal Deposit Insurance Corporation (“FDIC”), subject to applicable limitations and restrictions of such insurance. You may register your Card by visiting the Website at www.giftcardmall.com/mygift or calling the Toll Free Customer Service Number at 855-202-5628.

You may not load additional funds to the Card.

2. USING YOUR CARD a. Accessing Funds and Limitations

You may use your Card to obtain goods or services wherever the Card is honored. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. Your Card cannot be:

  1. redeemed for cash;
  2. used to obtain cash in any transaction;
  3. used for illegal transactions;
  4. used to make foreign transactions; or
  5. used for purchases where recurring payments may occur, such as subscriptions, memberships, rentals, etc.

For security reasons, we may limit the amount or number of transactions you can make on your Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

Your card is valid in the U.S. only. It cannot be used at merchants outside of the United States, including internet and mail/telephone order merchants outside of the United States. Although your Card will not be accepted at locations outside of the United States, it is welcome at millions of locations within the U.S. where Visa debit cards are accepted.

b. Personal Identification Number ("PIN")

To set your PIN for PIN debit purchases, call Customer Service or visit our Website. Cards are not accepted at ATMs and cannot be used to obtain cash in any purchase transaction. You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that there has been unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Unauthorized Transactions.”

c. Obtaining Card Balance Information

You should keep track of the amount of value loaded on Cards issued to you. You may obtain information about the amount of money you have remaining in your Card account at no charge by contacting Customer Service. This information, along with a 60-day history of account transactions, is also available online by visiting our Website. You also have the right to obtain a sixty (60) day written history of account transactions by contacting Customer Service.

d. Authorized Users

Until you sign, you may present the Card to another person. If you do provide access to your Card or Card number, 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 Card information or have access to your account. You are responsible for all transactions and fees incurred by you or any other person you have authorized.

e. Authorization Holds

You do not have the right to stop payment on any purchase transaction originated by use of your Card. With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount

  1. Serve as a private attorney general or in a representative capacity.
  2. Join a Dispute you have with a dispute by other consumers.
  3. Bring or be a class member in a class action or class arbitration.

We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.

Can you or another consumer start a class arbitration? No The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Dispute Clause must be decided in an individual arbitration or an individual small-claims action. This Dispute Clause will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court's ruling is not reversed on appeal.
What law applies? The Federal Arbitration Act (“FAA”) This Agreement and the Cards involve interstate commerce. Thus, the FAA governs this Dispute Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings.
Will anything I do make this Dispute Clause ineffective? No This Dispute Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement.
Process
What must a party do before starting a lawsuit or arbitration? Send a written Dispute notice and work to resolve the Dispute Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to our Notice Address, Attn: General Counsel. You or an attorney you have personally hired must sign the notice and must provide the Card number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis.
How does an arbitration start? Mailing a notice If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Dispute Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.
Will any hearing be held nearby? Yes The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you.