Dining Everywhere
CARDHOLDER AGREEMENT
Important. Please Read Carefully.
1. Terms and Conditions for the Visa Gift Card
This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which a Prepaid Visa Gift Card has been issued to you. By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement.

Until you sign the Card, you may present the card to another person for their use. You should give that person a copy of these Terms and Conditions and that person should then sign the Card and will become subject to these terms and conditions. However, once you sign the Card, it is for your use only. You are wholly responsible for the use of each Card according to the terms of this Agreement. If you are not going to give the card to another person, please sign your Card immediately. In this Agreement, “Card” means the Prepaid Visa Gift Card issued to you by MetaBank®, Member FDIC. “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. The Card will remain the property of MetaBank and must be surrendered upon demand. The Card is nontransferable, 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.

Always know the exact dollar amount available in your card account. Available funds is the balance of your card account less any authorization holds for transactions that have not yet been settled by a merchant. Merchants may not have access to this information and cannot determine the balance in your card account. Free access to check your balance is available at www.diningeverywheregift.com (the “Card Website”) or by calling 1 (877) 341-5484.

2. Definitions
The Card is a Prepaid Card. The funds associated with your Card are not held on your Card; instead, they are held in a card account at a bank. The Card allows you to access the funds held in that card account. Your Card is NOT a Credit Card. Your Card is NOT a checking, savings, or other demand deposit bank account. The funds in your card account will be FDIC insured provided your Card is registered by going to the Card Website (www.diningeverywheregift.com) or by calling 1 (877) 341-5484.
3. Using Your Card
Making Purchases. You may use your Card to obtain goods or services wherever the Card is honored except where a manual imprint is required. You may not use your Card to obtain cash, for illegal transactions, at casinos, or for online gambling activity. If you permit someone else to use your Card, we will treat this as if you have authorized such use, and you will be responsible for any transactions made subject to such use. If you use your Card number without presenting your Card (such as for a mail order, telephone or internet purchases), the legal effect will be the same as if you used the Card itself. Payment for pay-at-the-pump stations should be made inside. For security reasons, we may limit the amount or number of transactions you can make on your Card. You do not have the right to stop payment on any transaction made with your Card.

You will receive a Personal Identification Number (“PIN”) with your Card Account. When you receive your Card, your PIN will be the last four digits of the Card number. For security, we suggest you change your PIN so that only you will know it. To change your PIN, call 1 (877) 341-5484 or visit www.diningeverywheregift.com. com. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.” Negative Balances. Each time you use your Card, you authorize us to deduct the amount of the transaction from the balance of the funds in your card account. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE IN YOUR CARD ACCOUNT. If you attempt to use the Card when there are insufficient funds associated in your card account, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available in your card account occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.

Split Transactions. If you wish to use your Card for a purchase which is greater than the balance of the funds available in your card account, you can request the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another Card. These are called split transactions. Some merchants do not allow split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.

Authorization Holds. 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 for up to ten (10) days. Car rentals, hotels and other service oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to sixty (60) days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance. Similarly, some gas stations may factor in addition amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Some restaurants and some other service-oriented merchants may factor in an additional 20% (or more) to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available in your card account, your transactions will be declined. Accordingly, you may want to ensure that your card account has an available balance that is 20% (or more) greater than your total bill prior to using your Card.

4. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds to the extent allowed by law. It may take up to seven (7) days for the amount of the refund to be credited to your Card unless otherwise required by applicable law.
5. Foreign Transactions
You are not allowed to make foreign currency transactions with your Card.
6. Receipts
You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipt to verify your transactions.

7. Our Liability for Failure to Complete Transactions
We will not be liable:
  • If, through no fault of ours, you do not have enough funds available in your card account to complete the transaction;
  • If a merchant refuses to accept your Card;
  • 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;
  • If access to your Card has been blocked after you reported your Card lost or stolen;
  • If we have reason to believe the requested transaction is unauthorized;
  • 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
  • Any other exception stated in our Agreement with you.
8. No Warranty Regarding Goods and Services or Uninterrupted Use.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. From time to time the Card service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about your balance. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
9. Periodic Statements
You may obtain information about the amount of money you have remaining in your Card account by calling 1 (877) 341-5484. This information, along with a sixty (60) day history of account transactions, is also available online at www.diningeverywheregift. com. You also have the right to obtain a sixty (60) day written history of account transactions by calling 1 (877) 341-5484 or by writing us:

Blackhawk Network, ATTN: Customer Service 10615 Professional Circle, Suite 102, Reno, NV 89521

10. Your Liability for Unauthorized Transactions; Disputed Transactions
You agree to safeguard the Card and treat it like cash. The Card can be replaced if it is lost or stolen or if you believe that an electronic fund transfer has been made without your permission, with certain restrictions. You should call 1 (877) 341-5484 immediately to report a lost or stolen Card. Your liability for unauthorized transactions that take place on the Visa system is Zero dollars ($0) (“Visa Zero Liability” policy). You will be required to provide your name, the Card number, original value, and transaction history. We may require you to provide a written statement regarding claims of unauthorized transactions.