Virtual Accountholder Agreement
IMPORTANT - PLEASE READ CAREFULLY
Your Card will expire as noted by the "Expiration Date" identified on your Virtual Account. Once your Virtual Account has expired, the funds will be removed from your Virtual Account, and you will no longer have access to the funds.
Terms and Conditions for the Visa® Digital Rewards Virtual Account
This document constitutes the agreement ("Agreement") outlining the terms and conditions under which the Visa Digital Rewards Virtual Account has been issued to you. By accepting and using this Virtual Account, you agree to be bound by the terms and conditions contained in this Agreement. The Virtual Account will remain the property of MetaBank and discontinued use of it will be required should MetaBank show good cause to discontinue its use. Funds will not be available to you after expiration, so please use your funds prior to the "Valid Thru" date on the front of your Virtual Account. In this Agreement, "Virtual Account" means Visa Digital Rewards Virtual Account issued to you by MetaBank, Member FDIC. "You" and "your" means the person or persons who have received the Virtual Account and are authorized to use the Virtual Account as provided for in this Agreement. "We", "us", and "our," and "Bank" mean MetaBank, our successors, affiliates or assignees. Please read this Agreement carefully and keep it for future reference.
The Virtual Account is a virtual prepaid account that has been provided to you pursuant to a conditional offer. In order to obtain the Virtual Account, you understand and agree that all conditions of the offer must be met. The Virtual Account is a Virtual Prepaid Visa account. The Virtual Account allows you to access funds on the Virtual Account. The Virtual Account is issued for loyalty, award, or promotional purposes and is not intended for gifting purposes. The funds accessible to you are provided by the manufacturer, retailer, distributor, or marketer of the product you have purchased, not the Bank. The manufacturer, retailer, distributor, or marketer is fully responsible for ensuring funds are available for use in your Virtual Account. The Virtual Account does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Virtual Account is not a credit account. You will not receive any interest on your funds in the Virtual Account. In no way will any additional funds be added to your Virtual Account. The funds in your Virtual Account will be FDIC insured provided your Virtual Account is registered.
The Virtual Account is non-refundable and non-transferrable, and may be canceled, repossessed, or revoked at anytime without prior notice subject to applicable law.
Using Your Virtual Account
You may use your Virtual Account to purchase or lease goods or services wherever the Virtual Account is honored for electronic ecommerce or mail order/telephone order (MOTO) purchases as long as you do not exceed the value available on your Virtual Account. Only electronic commerce transactions and MOTO identified as such in the authorization request will be considered for authorization. This Virtual Account cannot be used to make purchases in physical stores. You are responsible for all transactions initiated by use of your Virtual Account. If you permit someone else to use your Virtual Account we will treat this as if you have authorized such use and you will be responsible for any transactions made subject to such use. Your purchase must always be less than or equal to your available Virtual Account balance. Over the phone only, if you do not have enough value loaded in your Virtual Account, you can instruct the merchant to charge a part of the purchase to the Virtual Account and pay the remaining amount with cash or another payment method. These are called "split transactions", however some merchants do not support this type of transaction. Online merchants do not support these types of transactions.
For security reasons, we may limit the amount or number of transactions you can make using your Virtual Account. Your Virtual Account cannot be redeemed for cash. You may not use your Virtual Account for any illegal transactions, use at casinos, and any gambling activity.
You should keep track of the amount of value loaded in Virtual Accounts issued to you. You may visit our website or call us at the Customer Service number listed below at any time to obtain the current value on your Virtual Account. To contact us, visit www.activaterewards.com/trydigitaldownload/ or call toll-free 1-866-691-4768. Each time you use your Virtual Account, you authorize us to reduce the value available in your Virtual Account by the amount of the transaction. You are not allowed to exceed the available amount in your Virtual Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available in your Virtual Account creating a shortage, you shall remain fully liable to us for the amount of the transaction. We reserve the right to bill you for any shortage. You agree to pay us promptly for the shortage. We also reserve the right to cancel this Virtual Account should you create a shortage with your Virtual Account. You do not have the right to stop payment on any purchase transaction originated by use of your Virtual Account. 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.
This Virtual Account must be used before the expiration date provided with your Virtual Account number. After the expiration date the Virtual Account will be canceled and no remaining balance will be refunded.
Returns and Refunds
You are able to receive a return(s) or credit(s) to your virtual account before the valid through date. Any return(s) or credit(s) made to your account after the valid through date will be forfeited.
Lost or Stolen Virtual Account
If your Virtual Account is lost, you can retrieve tour virtual account details at anytime by visiting www.activaterewards.com/trydigitaldownload/, but you must have your original reward code or account number to view your account. If you do not have this information then use the link that was provided to you in your confirmation email. If you still experience difficulties please contact Customer Support. www.activaterewards.com/trydigitaldownload/contact/.
The virtual account is valid only for transactions in United States and its territories.
You should get a receipt at the time you make a transaction. You agree to retain your receipt to verify your transactions.
Electronic Transaction History
You may obtain information about the amount of money you have remaining in your Virtual Account by calling 1-866-691-4768. This information, along with a 30-day history of account transactions, is also available on-line at www.activaterewards.com/trydigitaldownload/. This information is available for 12 calendar months after account expiration.
Our Liability for Errors, Unauthorized Transactions, or Failure to Complete Transactions
Keep your Virtual Account safe. If it is stolen, it can still be used to make purchases. We encourage you to keep your Virtual Account number as well as the customer service number in a safe place, separate from the Virtual Account, so if it is lost or stolen you may be able to notify us before someone uses it. Tell us, AT ONCE, if you believe your VisaVirtual Account has been compromised. Your liability for unauthorized transactions that take place on the Visa system is Zero dollars ($0). (This is referred to as "Zero Liability").These provisions limiting your liability do not apply to POS, or any other debit transactions not processed by Visa.
In no event will we be liable for consequential damages (including lost profits), extraordinary damages, and special or punitive damages. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Virtual Account. From time to time the Virtual Account service may be inoperative and when this happens, you may be unable to use your Virtual Account or obtain information about your balance. Please notify us if you have any problems using your Virtual Account. You agree that we are not responsible for any interruption of service. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough funds available in your Virtual Account to complete the transaction;
- If a merchant refuses to accept your Virtual Account;
- 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 Virtual Account has been blocked after you reported your Virtual Account lost or stolen;
- If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
- If we have reason to believe the requested transaction is unauthorized;
- If circumstances beyond our control (such as fire, flood, computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;
- Any other exception stated in our Agreement with you.
Your Liability for Unauthorized Transfers
Keep your Virtual Account safe. If it is lost or stolen, it cannot be replaced, subject to your "Zero Liability" rights above. You agree to safeguard the Virtual Account. We may require you to provide a written statement regarding claims of unauthorized transactions. If you directly gave permission or implied that a person had the right to use your Virtual Account, that use is not unauthorized. Additionally, if you received benefit from the purchase, the use is not unauthorized, and you may not be eligible for liability coverage.
You should call 1(866)691-4768 immediately to report unauthorized activity on your Virtual Account. You will be required to provide your name, the Virtual Account number, original value, and transaction history. If you do not contact us immediately, you could lose all the money in your Virtual Account. If you tell us within two (2) business days after you learn of the unauthorized access, you can lose no more than $50 if someone used your Virtual Account without your permission.
If you do not tell us within two (2) business days after you learn of the unauthorized access to your Virtual Account, and we can prove we could have stopped someone from using your Virtual Account without your permission if you had told us, you could lose as much as $500 or the amount in the account, whichever is less. We reserve the right to require an affidavit and conduct an investigation into the validity of any request. A reopened Virtual Account may take up to thirty (30) days to process. You acknowledge that purchases made with prepaid Virtual Accounts are similar to those made with cash. You cannot "stop payment" or lodge a "billing dispute" on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant
Your Virtual Account and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Virtual Account 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 South Dakota except to the extent governed by federal law. We may, in our sole discretion, adjust the value of the Virtual Account to correct transactional or issuance errors or discrepancies.
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 provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice.
We may cancel or suspend your Virtual Account or this Agreement at any time. You may cancel this Agreement by returning the Virtual Account to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Privacy and Data ProtectionWHAT DOES METABANK® DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or service you have with us. This information can include:
- Social Security number and other personal information such as name, address and phone number and
- Transaction activity
When you are no longer our customer, we continue to share your information as described in this notice.
All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons MetaBank chooses to share; and whether you can limit this sharing.Privacy Definitions:
Affiliates: Companies related by common ownership or control. They can be financial and nonfinancial companies.
- MetaBank has no affiliates with which it shares your personal information.
Nonaffiliates: Companies not related by common ownership or control. They can be financial and nonfinancial companies.
- MetaBank does not share your personal information with nonaffiliates.
Joint marketing: A formal agreement between nonaffiliated financial companies that together market financial products or services to you.
- We may partner with nonaffiliated financial companies to jointly market financial products or services to you.
|Reasons we can share your personal information||Does MetaBank share?||Can you limit this sharing?|
|For our everyday business purposes -
such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus
|For our marketing purposes -
to offer our products and services to you
|For joint marketing with other financial companies||YES||NO|
|For our affiliates' everyday business purposes -
information about your transactions and experiences
|NO||We do not share|
|For our affiliates' everyday business purposes -
information about your creditworthiness
|NO||We do not share|
|For our affiliates to market to you||NO||We do not share|
|For our nonaffiliates to market to you||NO||We do not share|
Questions? visit www.activaterewards.com/trydigitaldownload/
Who is providing this notice?
How does MetaBank protect my personal information?
To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does MetaBank collect my personal information?
We collect your personal information, for example, when you
- Open an account or use your prepaid Virtual Account
- Make a purchase or other transaction
- Provide us your name or other information
Why can't I limit all sharing?
Federal law gives you the right to limit only sharing for affiliates' everyday Federal law gives you the right to limit only
- Sharing for affiliates' everyday business purposes - information about your creditworthiness
- Affiliates from using your information to market to you
- Sharing for nonaffiliates to market to you
Other Important Information
If you are a resident of California or Vermont, we will not share with nonaffiliates except for our own marketing purposes, our everyday business purposes, or with your consent. Nevada residents: We are providing this notice pursuant to Nevada law.
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.
- Purpose: This section ("Arbitration Provision") sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.
- Definitions: As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Virtual Account or this Agreement including the validity, enforceability or scope of this Arbitration Provision or the Agreement. Claim includes claims of every kind and nature and is to be given the broadest possible meaning that will be enforced. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.
As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean the Bank, 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 Virtual Accounts (including, but not limited to merchants who accept the Virtual Account, 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 Virtual Account.
- Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed, as selected by the party electing to use arbitration. If a selection by us of one of the following organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) the National Arbitration Forum ("NAF") at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration-forum.com; (ii) Judicial Arbitration and Mediation Services ("JAMS") at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (iii) American Arbitration Association ("AAA") at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
- Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE "PROCEDURES"). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING.CODE"). NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION, INCLUDING BEING A MEMBER OF A CLASS.
- Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Virtual Accountholders or other persons similarly situated. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
- Payment of Fees: At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. The arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal).
- Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision will be final and binding, except you may have a right to appeal any decision entered in Arbitration.
- Continuation: This Arbitration Provision shall survive termination of your Virtual Account and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
This Virtual Account is issued by MetaBank, Member FDIC, pursuant to a license from Visa U.S.A. Inc. 5501 S. Broadband Lane, Sioux Falls, SD 57108. For additional support, please call the number associated with your Virtual Account or visit www.activaterewards.com/trydigitaldownload/.
© 2004 - 2015