|
|
Limitations
on Using Your Card
1. You must select “Credit” not
“Debit” when using your Card at self-service point-of-sale (POS) terminals
like grocery or convenience stores.
2. When the Card is used for “Pay at
the Pump” gasoline transactions, your transaction may be declined if you have
less than $50.00 available on the Card. If you have less than $50.00
available on your Card, see the store clerk and have them process the
transaction for the exact amount.
3. You must select “Credit Card”
when using your Card for an ATM cash withdrawal.
4. When the Card is used for rental
car transactions an additional 15% will be added to the merchant
authorization until the authorization is settled.
5. A daily spending limit of
$2,500.00 per day is imposed on the Card. This limit does not include money
transfers, Click-n-Pay™ bill payments, calling card charges or fees. It does
include any purchases made with merchants as well as ATM withdrawals.
6. Retail partners who accept
payments to load value on the Cards have restrictions on the frequency and
amount of loads that may be made to a Card using their services.
7. A daily cash withdrawal limit of
$500.00 per day is imposed on the Card. This includes ATM withdrawals, cash
advances from bank tellers and the purchase of cashier’s checks and money
orders. However, cash received back from merchants on debit purchases is not
subject to this limit.
Use
of the Card Is Limited to the Stored Value
You may not use your Card to make a purchase or to obtain cash in excess of
the value stored on your Card (minus any value stored on the Card that is
subject to a hold due to a preauthorization or any other reason). If for any
reason a purchase or cash transaction occurs which exceeds the value on the
Card, you are responsible for repaying us in full and upon demand the amount
by which any purchase or cash transaction has exceeded the value stored on
your Card. We may automatically deduct any amount you owe under this
Agreement from any future transfer of value to the Card. If you fail to pay
us for any excess amounts obtained using the Card,
or any other amounts owed under this Agreement, and we refer your obligation
to a lawyer who is not our salaried employee, you agree to pay any reasonable
attorneys’ fees incurred, plus the costs and expenses of any legal action, to
the extent permitted by law.
With the prior consent of the merchant or financial institution, if the value
stored on your Card is not enough to pay for a purchase or other transaction,
you may be able to pay the difference between the value stored on your Card
(minus any value subject to a hold due to a preauthorization or any other
reason) and what you owe the merchant or financial institution by giving the
merchant or financial institution cash, a personal check, a credit card, or
an ATM/debit card.
An
Important Word About Merchant Pre-authorizations and Holds
When you present your Card to a merchant, the merchant may obtain a
preauthorization for the transaction. Examples of merchants that perform this
preauthorization are hotels, car rental companies, restaurants, etc. A
thirty-day hold will be placed on the value on the Card in the amount of the
preauthorization request made by the merchant. A ninety-day hold will be
placed on the value on the Card in the amount of the preauthorization request
made by car rental merchants. If the merchant’s preauthorization request
varies from the amount of the transaction the merchant subsequently submits
to the Visa system, settlement of the transaction may not remove the hold,
which may remain on the Card until the hold days have expired. If your Card
is subject to a hold, the value on the Card that is subject to a hold will
not be available to you for withdrawal or other purposes, apart from the
transaction that was the reason for the preauthorization hold.
Your PIN
You will define a Personal Identification Number (PIN). You will have to
provide the PIN whenever you use the Card for ATM cash withdrawals. Do not
write the PIN on the Card and do not disclose the PIN or otherwise make it
available to anyone.
Receipts
You should get a receipt at the time you make a transaction or obtain cash
using your Card. You agree to retain your receipt to verify your
transactions.
Electronic
Statements and Notices
Statements in electronic format will be made available free of charge on our
website during each month in which a transaction occurs. You may choose to
have a paper statement mailed to you. However, there is a fee for this
service.
International
Transaction Fee
If you obtain your funds (or make a purchase) in a currency or country other
than the currency or country in which your Card was issued, a 1%
International Transaction Fee will be assessed on all transactions where the
merchant country is different from the country of the Issuer. The converted
transaction amount will be shown separately from the International
Transaction Fee on your billing statement. This fee will be assessed on all
international purchases, credit vouchers, and cash disbursements. This
percentage amount is independent of any amount taken by the Issuer in
accordance with the following section of this Agreement.
If you obtain your funds in a currency or country other than the currency or
country in which your Card was issued, the Issuer will increase the currency
conversion rate (described in the immediate preceding section) by an
additional 1% and will retain this amount as compensation for its services.
This charge is independent of the currency conversion rate established by
Visa.
Canceling Your Card/Lost or Stolen Cards
If you wish to cancel your Card, you may obtain the value stored on the Card
less any fees and other amounts due and owing, for a period of 6 months after
the Card expires or is canceled, by mailing your Card along with a written
request to us at the Customer Service address below (or the address, if
different, shown on your Card statement for errors and inquiries).
If your Card has been lost or stolen, please follow the procedure outlined
below and your Card will be replaced. However, the value stored on the replacement
Card will be reduced by the replacement card fee and to the extent you are
responsible for any use of the lost or stolen Card.
Your
Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card has been lost or stolen. Telephoning
toll-free at #222 on your MetroPCS phone or 1-800-849-9142 if you do not have
a MetroPCS phone is the best way of keeping your possible losses down. You
may not be liable for unauthorized use of your Card provided that you notify
us within a reasonable time after learning of the loss or theft of your Card.
A transaction will be considered unauthorized if it is initiated by someone
other than you without your authority, or you receive no benefit from the
transaction, or if we conclude, in our sole discretion, that the facts and
circumstances reasonably support a claim of unauthorized use. Reasonable time
will be determined in our sole discretion based on the circumstances but will
not be less than 60 days from the transaction date. If your Card has been lost
or stolen, we will close your Card to keep losses down. We reserve the right
to investigate any claim you may make with respect to a lost or stolen Card,
and you agree to cooperate with such investigation. We may ask you for a
written statement, affidavit or other information in support of the claim.
Also, if your transaction history shows transactions that you did not make,
tell us at once. If you do not tell us within 60 days after the transaction
history was made available to you, you may not get back any money you lost
after the 60 days if we can prove that we could have stopped someone from
making the unauthorized transaction if you had told us in time. Our liability
is limited to reimbursing you for the face amount of any unauthorized
transaction.
Confidentiality
We will disclose information to third parties about your Card or the
transfers you make:
(i)
Where it is necessary for completing transfers, or
(ii) In order to verify the existence and condition of your Card for a third
party, such as a credit bureau or merchant, or
(iii) In order to comply with government agency or court orders, or
(iv) If we believe it is necessary to determine if your Card is being used by
an unauthorized user or in a fraudulent manner, or
(v) To our agents, auditors and collection attorneys, or
(vi) As permitted under applicable state and Federal privacy laws, or
(vii) If you give us your written permission.
Liability
for Failure to Complete a Transfer
In no event will we be liable for consequential damages (including lost
profits), extraordinary damages, special or punitive damages. We will not be
liable, for instance:
(i)
If, through no fault of the Issuer, you do not have enough value stored on
your Card to make the transfer or the value is blocked from access by legal
proceedings or otherwise subject to a hold, or
(ii) If the ATM where you are making the transfer does not have enough cash,
or
(iii) If circumstances beyond our control (such as fire or flood) prevent the
transfer, despite reasonable precautions that we have taken, or
(iv) If you do not give your correct PIN when starting the transfer, or
(v) If your Card has deteriorated or been damaged so that it does not
function properly, or
(vi) If you do not follow the procedures in this Agreement, or
(vii) If the transfer would not be within the daily limit described in the
“Limitations on Using Your Card” section of this Agreement, or
(viii) If you or we have terminated this Agreement or canceled your Card, or
(ix) If your Card or PIN has been reported lost or stolen, or
(x) Other exceptions occur as stated in this Agreement or as permitted or
required by applicable law.
In Case of Errors or Questions About Transactions
Visit our website, print the dispute form and follow instructions as soon as
you can, if you think the Card statement or ATM or point-of-sale (POS)
receipt is wrong or if you need more information about a transaction listed
on the Card statement or receipt. We must hear from you no later than 60 days
after the Card statement on which the problem or error appeared and was FIRST
made available to you.
The following information must be
contained in that notice:
1. Your name, the Card number and
your Social Security Number.
2. A description of the error or the
transaction you are unsure about and a clear explanation of why you believe
it is an error or why you need more information.
3. The dollar amount of the
suspected error.
If you telephone us (by
using the Customer Service telephone number listed below), you must send your
complaint or question in writing within ten business days to the Customer
Service address listed below (or the address, if different, shown on your
Card statement for errors and inquiries).
Generally, we will tell you the results of our investigation within 10
business days after we hear from you and will correct any error promptly. If
we need more time, however, we may take up to 45 calendar days to investigate
your complaint or question. If we ask you to put your complaint or question
in writing and we do not receive it within 10 business days, we may not
credit your Card. For errors involving new Cards (generally Cards that have
been issued for 30 days or less), point of sale, or foreign initiated
transactions, we may take up to 90 days to investigate your complaint or question.
We will tell you the results within three business days after completing our
investigation. If we decide that there was no error, we will send you a
written explanation. You may ask for copies of the documents that we used in
our investigation.
Privacy
and Data Protection
(i)
Information we collect (“Cardholder Information”):
(a) Information about
purchases made with the Card, such as date of purchase, amount and place of
purchase;
(b) Information you provide to us when you apply for a Card, or for
replacement Cards or when you contact us with customer service issues, such
as name, address, phone number.
(ii) Only those persons who need it to perform their job responsibilities are
authorized to have access to Cardholder Information. In addition, we maintain
physical, electronic and procedural security measures that comply with
federal regulations to safeguard Cardholder Information.
(iii) We may use Cardholder Information to provide customer services, to
process claims for lost or stolen Cards, to develop marketing programs, to
help protect against fraud and to conduct research and analysis. In addition,
it is often necessary for us to disclose Cardholder Information for the same
purposes to companies that work with us. For example, we may provide certain
Cardholder Information to companies that perform business operations or
services, including marketing services, on our behalf. We may also provide
certain Cardholder Information to others as permitted by law, such as
government entities or other third parties in response to subpoenas. You
agree that we may make such employment and investigative inquiries, as we
deem appropriate in connection with the issuance and use of the Card. We can
furnish information concerning the Card or your use of the Card to consumer
reporting agencies and others who may properly receive that information.
Telephone
Monitoring and Recording
From time to time we may monitor and record your telephone calls regarding
your Card to assure the quality of its service.
Amendment
and Cancellation
We may at any time add to, subtract from or modify the terms of this
Agreement. 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 your right to use the Card at any time. You may
cancel this Agreement by returning the Card to us. Your termination of this
Agreement will not affect any of your obligations arising under this Agreement prior to termination.
Customer
Service Contact Information
One Global Finance, Inc.
Attn: MetroPCS Prepaid Visa
PO Box 71402
Salt Lake City, UT
84171
Email: helpdesk@metropcsvisa.com
Web: www.metropcs.com/visa
Phone: (801) 383-1015
Payment
Information
Personal checks, money orders and U.S. Postal Service money orders will not
be accepted as a form of payment and will be returned.
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 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.
No
Warranty Regarding Goods and Services
We are not responsible for the quality, safety, legality, or any other aspect
of any goods or services you purchase with your Card.
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.
The amounts credited to your Card for refunds may not be available for up to
five days from the date the refund transaction occurs.
Rewards
The rewards program related to usage of the Card is subject to the separate
Terms and Conditions of the MetroPCS Prepaid Visa Rewards Program.
Arbitration
(a) Purpose: This
Arbitration Provision sets forth the circumstances and procedures under which
Claims (as defined below) may be arbitrated instead of litigated in court.
(b) 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 Card or this Agreement as well as any related or prior agreement that
you may have had with us or the relationships resulting from this Agreement,
including the validity, enforceability or scope of this Arbitration Provision
or the Agreement. Claim includes claims of every kind and nature, including
but not limited to initial claims, counterclaims, cross-claims and
third-party claims and claims based upon contract, tort, fraud and other
intentional torts, statutes, regulations, common law and equity. The term
Claim is to be given the broadest possible meaning that will be enforced and
includes, by way of example and without limitation, any claim, dispute or
controversy that arises from or relates to (i) your
Card, or the Cards of any additional cardholders designated by you; (ii) the
amount of available funds on the Cards; (iii) advertisements, promotions or
oral or written statements related to the Cards, goods or services purchasedwith the Cards; (iv) the benefits and services
related to the Cards; and (v) your enrollment for any Card. 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 MetaBank, its
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
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 the Agreement and all additional cardholders.
(c) 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. Claims shall be referred to either the National
Arbitration Forum (“NAF”), Judicial Arbitration and Mediation Services
(“JAMS”), or the American Arbitration Association (“AAA”), as selected by the
party electing to use arbitration. If a selection by us of one of these
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 to serve as arbitrator administrator. For a copy of the
procedures, to file a Claim or for other information about these
organizations, contact them as follows: (i) the NAF
at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration-forum. com; (ii)
JAMS at 1920 Main Street, Suite
300, Los Angeles, CA 92614;
website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York,
NY 10017;
website at www.adr.org .
(d) 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 “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT OT PARTICIPATE
IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS<
PERTAINING OT ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL
AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT
ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
(e) 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 cardholders or
other persons similarly situated. The arbitrator’s authority to resolve
Claims is limited to Claims between you and us alone, and the arbitrator’s
authority to make awards is limited to you and us alone. 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.
(f ) Location of Arbitration/Payment of Fees: Any
arbitration hearing that you attend shall take place in the federal judicial
district of your residence. 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. At the conclusion of the arbitration (or any appeal thereof ),
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). If and to the extent you incur filing,
administrative and/or hearing fees in arbitration, including for any appeal,
exceeding the amount they would have been if the Claim had been brought in
the state or federal court which is closest to your billing address and would
have had jurisdiction over the Claim, we will reimburse you to that extent
unless the arbitrator (or panel) determines that the fees were incurred
without any substantial justification.
(g) 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. The arbitrator
shall apply applicable substantive law consistent with the FAA and applicable
statutes of limitations and shall honor claims of privilege recognized at law
and, at the timely request of either party, shall provide a brief written
explanation of the basis for the decision. In conducting the arbitration proceeding,
the arbitrator shall not apply the federal or any state rules of civil
procedure or rules of evidence. Either party may submit a request to the
arbitrator to expand the scope of discovery allowable under the applicable
Code. The party submitting such a request must provide a copy to the other
party, who may submit objections to the arbitrator with a copy of the
objections provided to the request party, within 15 days of receiving the
requesting party’s notice. The granting or denial of such request will be in
the sole discretion of the arbitrator who shall notify the parties of his/her
decision within 20 days of the objecting party’s submission. The arbitrator
shall take reasonable steps to preserve the privacy of individuals, and of
business matters. 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 for any right of appeal provided by the FAA.
However, any party can appeal that award to a three-arbitrator panel
administered by the same arbitration organization, which shall consider anew
any aspect of the initial award objected to by the appealing party. The
appealing party shall have 30 days from the date of entry of the written
arbitration award to notify the arbitration organization that it is
exercising the right of appeal. The appeal shall be filed with the
arbitration organization in the form of a dated writing. The arbitration
organization will then notify the other party that the award has been
appealed. The arbitration organization will appoint a three-arbitrator panel
which will conduct an arbitration pursuant to its
Code and issue its decision within 120 days of the date of the appellant’s
written notice. The decision of the panel shall be by majority vote and shall
be final and binding.
(h) Continuation: This Arbitration Provision shall survive termination of
your Card as well as voluntary payment of the debt in full by you, any
legal proceeding by us to collect a debt owed by you, 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.
|