Giftbit Cardholder Agreement for Physical Visa Incentive Cards

IMPORTANT – PLEASE READ CAREFULLY. IF YOU OBTAIN A CARD AND AUTHORIZE OTHERS TO USE IT, YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL CHARGES TO THE CARD. BE SURE TO PROVIDE THE RECIPIENT OF THIS CARD THIS CARDHOLDER AGREEMENT. 

This Cardholder Agreement (“Agreement”) is an agreement between you and Sutton Bank (the “Bank”), and outlines the terms and conditions under which the Giftbit Visa Incentive Card has been issued to you. Bank is an FDIC insured member institution. By accepting and/or using the Card, you agree to be bound by the terms and conditions contained in this Agreement. "Card" means the Giftbit Visa Incentive Card loaded with a specific value and issued to you by Bank.   “Card Account” means the records we maintain to account for the value of claims associated with the Card.  “Sponsor” means an entity that provides funds in the Card Account for your use. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided in this Agreement. “We,” “us,” and “our” mean the Bank and its successors, affiliates, and assignees. “Website” means www.giftbit.com. Please read this Agreement carefully and keep it for future reference.  You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. You acknowledge and agree that the maximum value available in the Card Account is limited to the funds you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You have received this Card as a gratuity from Sponsor without the payment of any monetary value or consideration. The funds in the Card Account are not held in a separate account or on your Card; instead, they are pooled with funds of other cardholders and held by in an account with the Bank for your benefit, with the balance of such funds to be reduced through your use of such funds in accordance with the terms of this Agreement. The Card is not connected in any way to any other account. You may use your Card to make purchases at any merchant that accepts Visa debit cards, subject to your available Card Account balance and the other terms and conditions of this Agreement. Each time you use your Card, you authorize Bank to reduce the funds available in your Card Account by the amount of the transaction. The Card is not a gift card or gift certificate.  The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Bank 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. The Card is not designed for business use, and we may close your Card Account if we determine that it is being used for business purposes or in a manner that is not consistent with the intended use of the Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

 THIS AGREEMENT INCLUDES, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.

You must activate your Card before it can be used. You may activate your Card on the Website. In order to activate your Card, you will need to provide certain User Information so we can authenticate your identity and then select a PIN. If you experience difficulty when using your Card, please call us at (877)554-2186 or visiting the Website.

Card and PIN Security: When selecting a PIN, do not use numbers or words that appear in your wallet (e.g., your date of birth, address, or social security number). Memorize your PIN and do not share it with anyone. You can change your PIN by accessing your Giftbit profile online at the Website. You should not write or keep your PIN with your Card. You should treat your Card with the same care as you would treat cash. Always protect your Card and keep it in a safe place. Do not send your Card number in an email or text message. Make sure your Card information is secured with encryption when you use your Card to perform transactions over the Internet or wireless networks. 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 Transactions”.

You acknowledge and agree that the value available in the Card Account is limited to the balance of the Card Account.  You may use your Card to purchase or lease goods or services in the United States and District of Columbia online, by mail or telephone wherever Visa debit cards are accepted as long as you do not exceed the value available in your Card Account. You are responsible for all transactions initiated by use of your Card, except as otherwise set forth herein. If you do not have enough funds available in your Card Account for the amount authorized by you, your transaction will be declined.  If you do not have enough funds available in your Card Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another payment method. 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 online transaction), the legal effect will be the same as if you used the Card itself in-store. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions made with your Card. Nevertheless, if a transaction exceeds the balance of the funds available in your Card Account, you shall remain fully liable to us for the amount of the transaction.

When making purchases with your Card at any point-of-sale ("POS") device, you may select “CREDIT” on the keypad to make a signature purchase, or, if the POS device bears the Visa debit network (i.e. Pulse, Maestro) symbol, you may select “DEBIT” on the keypad and enter your PIN to make a PIN purchase.

Your Card cannot be redeemed for cash. You cannot use your Card to obtain cash from an Automated Teller Machine (“ATM”), POS device, or by any other means.  You may not use your Card at an ATM.  You may not use your Card for any illegal transactions, use at casinos, and any activity. Your Card may not be used outside of the U.S. and District of Columbia, and may not be used with non-U.S. merchants, including online and mail or telephone orders if the merchant is outside of the U.S. and District of Columbia. Any purchases made with the Card must only be in U.S. currency.

 Merchant Holds on Available Funds. When you use your Card or Card number to initiate a transaction at certain merchant locations, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in your Card Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven (7) days for the hold to be removed. During that period, you will not have access to the funds subject to the hold. Please be advised that you may experience difficulties using your Card at unattended vending machines, kiosks, and gas station pumps. If your Card is declined at a “pay at the pump” gas station even though you have sufficient funds available, you should pay for your purchase inside with the cashier.

You are responsible for all transactions and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be responsible for all transactions and fees incurred by those persons. You are wholly responsible for the use of your Card according to the terms and conditions of this Agreement.

By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States or the District of Columbia; (iii) the personal information provide to us in connection with your Card is true, correct and complete; (iv) you have received a copy of this Agreement and agrees to be bound by and to comply with its terms; and (v) you accept the Card.  If you are under eighteen (18) years of age (or older if you reside in a state where the majority age is older), your parent or legal guardian may enter into this Agreement, and you may become an authorized user of the Card.

You do not have the right to stop payment on any purchase transaction originated by use of your Card. 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 10 days.

If you wish to make online, mail, or telephone order purchases, you should first visit the Website and register your Card.   Some online, mail, and telephone order merchants require that certain personal information, such as your name and address, be on file with the Card-issuing bank prior to approving a purchase. Therefore, unless you register your Card in advance, these types of merchants might decline your purchase even if there are sufficient funds in your Card Account.

For purposes of these disclosures, Bank’s business hours are Monday – Friday, 9 AM to 5 PM Pacific Time, Holidays not included.

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 Account for such refunds. The amounts credited to your Card Account for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

If you need to replace your Card for any reason, please contact us at (877) 554-2186 to request a replacement Card. There are certain restrictions that must be met before we can replace your Card in certain circumstances. You will be required to provide personal information, which may include your Card number, full name, transaction history, copies of accepted identification, etc. We reserve the right to require an affidavit signed by you and to conduct an investigation into the validity of any request. It may take up to thirty (30) days to process a request for a replacement Card; however, we will try to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.  See Section 14 - Fee Schedule for any fee for sending a replacement that will be deducted from your balance for sending a replacement Card.

The Card has a “VALID THRU” expiration date embossed on the front of the Card. Once this expiration date has passed, the Card will be voided and will not be replaced except in our sole discretion. All funds on the Card expire on the expiration date shown on the Card. If you do not spend all the funds on the Card prior to this expiration date, the remaining funds will not be available to you. You have no right to the funds except to use them for authorized purchases prior to the expiration date of the Card. If additional funds are added to the Card, those funds will be subject to this Agreement and also must be used prior to the expiration date stated on the Card. We may, in our sole discretion and if requested by the Sponsor, provide a new Card to you. If we do issue a new Card to you, any unexpired funds remaining on your old Card will transfer automatically to your new Card, but only if your old Card has not already expired. That new Card also will have an expiration date and all funds on that new Card must be used prior to that expiration date.

Fee Schedule. The following fee schedule lists the fees applicable to the Program, except where modified or prohibited by applicable law. In some cases, the actual fee charged may be lower than the fee stated in the fee schedule.

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.

You may obtain information about the amount of money you have remaining in your Card Account by contacting us at (877) 554-2186. This information, along with a 60-day history of account transactions, is also available by accessing your Giftbit Account online at www.giftbit.com/balance. You also have the right to obtain a sixty (60) day written history of account transactions by calling (877) 554-2186 or write us at support@giftbit.com.

Bank may disclose information to third parties about your Card Account or the transactions you make from the use of your Card solely:

1. Where it is necessary for completing transactions
2. In order to verify the existence and condition of your Card Account for a third party, such as merchant;
3. In order to comply with government agency or court orders, or other legal reporting requirements;
4. If you give us your written permission; or
5. To our employees, auditors, affiliates, service providers, or attorneys as needed.

Please see our Privacy Policy, available at the Website for further details.

If we do not complete a transaction to or from your Card Account on time or in the correct amount according to this Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:

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 or PIN lost or stolen;
5. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
6. If we have reason to believe the requested transaction is unauthorized;
7. 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;
8. Any other exception stated in our Agreement with you.

Replacement Cards: You agree to use your best efforts to safeguard your Card. If you believe your Card or PIN has been lost or stolen or you need a replacement Card, contact us immediately by calling (877)554-2186.  You should also call the number if you believe a transaction has been made using the information from your Card or PIN without your permission.

Your Liability for Unauthorized Transactions: Tell us, AT ONCE, if you believe your Card has been lost or stolen or of any unauthorized transactions. Telephoning us toll-free at (877)554-2186 is the best way of keeping your possible losses down. You could lose all the money in your Card Account. If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, you are responsible for no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500.  We may require you to provide a written statement regarding claims of unauthorized transactions. Also, if your electronic history shows transactions that you did not make, tell us at once. If you do not tell us within 60 days of the date the first unauthorized transaction could be viewed in your electronic history, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from spending the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods for a reasonable period.

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement without your consent. 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 anytime. 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 law of the State of Washington except to the extent governed by federal law.

We may amend or change the terms of this Agreement at any time without prior notice to you except as required by applicable law. However, if the change is made for security purposes, we can implement such change without prior notice.  We may cancel or suspend your Card, your Card Account or this Agreement at any time without prior notice to you except as required by applicable law. You may cancel this Agreement by notifying us at (877)554-2186 or write us at support@giftbit.com. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you. There is a fee for this service. See the fee schedule above. We reserve the right to refuse to return an unused balance if the balance is less than the Funds Return Fee. It may take up to 30 days after account closure to return any unused balance. Should your Visa Account lapse or be terminated (for example, if there is suspected fraud or unauthorized activity), we will also close your Card Account.

In case of errors or questions about your Card telephone us at (877)554-2186 or write us at support@giftbit.com as soon as possible, if you think an error has occurred in your Card Account. We must hear from you no later than 60 days after the earlier of the date the transaction could be viewed in your electronic history. You will need to tell us the following: (1) your name, (2) your Card Account, (3) why you believe there is an error, (4) the dollar amount involved, and (5) approximately when the error took place. If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. If we ask you to put your complaint or question in writing and you do not provide it within sixty (60) calendar days of the date of the transaction in error, we may not credit your Card. Once your written dispute has been received, we will determine whether an error occurred within sixty (60) calendar days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to ninety (90) days to investigate your complaint or question. If we decide to do this, we will notify you verbally or in writing. For errors involving new Cards, POS transactions, we may take up to ninety (90) days to investigate your complaint or question. If we ask you to put your complaint or question in writing and you do not provide it within sixty (60) calendar days of the date of the transaction in error, we may not credit your Card.

You agree to cooperate with any investigation we may make.  We will tell you the results within three (3) business days after completing the investigation. If we determine an error has occurred, we will credit the transaction in error upon completing the investigation. If we decide that there was no error, we will send you a written explanation.  Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section.

For customer service or additional information regarding your Card, please call us at (877)554-2186 or write us at support@giftbit.com.

Customer Service agents are available to answer your calls daily between 9 am and 5pm Pacific Time.

From time to time 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.

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean Bank, and their wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to Visa, merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or “yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all additional cardholders.

Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) your Cards of any additional cardholders designated by you; iv) your receipt of the Card; v) your usage of the Card; vi) the amount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to your Card, as well as goods or services purchased with your Card; viii) the benefits and services related to your Card; or ix) transaction on your Card, no matter how described, pleaded or styled, shall be  FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.  This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in 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 copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court 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 Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or iv) expiration of your Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL US AT (877)554-2186 TO CANCEL YOUR CARD AND TO REQUEST A REFUND.

This Card is issued by Sutton Bank

1 South Main Street

Attica, OH 44807

The Giftbit Card is issued by Sutton Bank, member FDIC, pursuant to license by Visa U.S.A. Inc.