Terms and Conditions for Reward Funds Accessible with Visa® Cards
The following Terms and Conditions for Reward Funds Accessible with Visa® Cards (“Agreement”) describe the terms and conditions that apply to your use of Visa® cards or barcodes with access to Visa® Rewards provided by a Program Sponsor pursuant to an S3™ program (each, a “Card”). This Agreement is between you (the “Cardholder,” “you,” “your”), Citizens Alliance Bank (“Issuer,” “we,” “us,” “our”), and Optum Financial, Inc. on behalf of itself and its subsidiaries (“Program Servicer”) (each, a “party” and collectively, the “parties”). By accepting or using your Card, you agree to be bound by this Agreement, including any future amendments to the Agreement. If you do not agree with this Agreement, you may not use or accept a Card.IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIAL AND CLASS ACTIONS FOR DISPUTES ARISING OUT OF YOUR USE OF A CARD.
- About Your Card. The Cards are issued by Issuer. The Program Servicer is responsible for servicing, distributing, operating and maintaining the Card program. The Issuer is the sole legal obligor to the Cardholder; provided, however, that Issuer may assign its obligations with respect to the Card at any time, in which case such assignee shall become the Issuer and sole legal obligor to the Cardholder. The Issuer's and the Program Servicer's affiliates and related entities bear no responsibility or liability for any Cards, and you hereby knowingly release such affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card.
- Card Activation and Registration. Your Card has already been activated. Your failure to use the Card results in the loss of all rights that you may have to use the Card and access the underlying funds. By registering and using a Card, you agree to only use the Card for personal, family, or household purposes and in accordance with the terms of this Agreement. If your Card has a signature panel, you must immediately sign the signature panel. The Card must be signed in order to be valid.
- Authorization. You are an authorized user of the Card.
You do not have any rights in or to the funds accessible with a Card,
except the right to use the Card and access the Card funds in accordance
with the terms of this Agreement. You will be responsible for all
transactions and fees incurred by another person whom you have permitted
to have access to your Card, and all actions by such other persons will
be treated as if you have authorized the activity. You should retain
receipts of all authorized transactions. Receipts of your transactions
may be required if Issuer or Program Servicer are investigating a report
of a lost or stolen Card, errors, or unauthorized transactions.
You are not authorized to use your Card for any inappropriate, fraudulent or abusive transactions including, but not limited to, providing Card access to inappropriate individuals, using or attempting to use the Card in any manner not approved in your program documents, or in violation of this Agreement. You do not have the right to stop payment on any transaction resulting from the use of your Card.
- Card Expiration and Deactivation. Unless terminated, your Card will expire on the last day of the month printed on your Card. The expiration date for the Card may also be found on your device containing your digital Card. Your Card may be used to access the reward funds issued under this Agreement, in addition to certain benefit funds that your Program Sponsor may provide you.
- Use and Redemption.
Cards are redeemable only for qualified purchases of goods and
services at select Merchants that have agreed to accept the Cards and have
the equipment necessary to process Visa card transactions
(“Merchants”), as long as you do not exceed the value available
on your Card. The Merchants may change from time to time and shall include
only Merchants located in the domestic United States of America.
If you use your Card without presenting your physical or digital Card
(i.e. mail order, by telephone, or by Internet), the legal effect will be
the same as if you presented the physical or digital Card in person. Cards
are not redeemable towards previously purchased goods or services. Cards
may be redeemable only for certain goods or services, or may be restricted
from redemption for certain goods or services, including but not limited to
alcohol, tobacco, firearms or gift cards, as determined by applicable law,
rules and regulations, and applicable program documents provided by your
Program Sponsor. Certain Merchants may require the use of a personal
identification number (“PIN”) to complete a transaction.
Instructions regarding your PIN were sent with your Card.
You may request your PIN by submitting an inquiry through the “Contact
Us” link found at the end of this Agreement. Except as may otherwise
be required by law, your Card cannot be: i) redeemed for cash; ii) used to
obtain cash in any transaction; iii) used for illegal transactions; or, iv)
used to set up recurring payments.
Issuer and Program Servicer may refuse to process any transaction for security reasons or if there is reason to believe the transaction may violate the terms of this Agreement or applicable law.
You authorize Issuer and Program Servicer to reduce the value available on your Card by the amount of each transaction and any applicable fees or charges. You are not allowed to exceed the available amount through an individual transaction or a series of transactions. Attempting to use the Card when there are insufficient funds accessible with it may result in your transaction being declined or the Merchant allowing you to pay for the balance of the transaction with another method of payment. If, for any reason, you conduct a transaction that manages to exceed the available balance on your Card, you agree that Issuer and Program Servicer may deduct the amount of the overdraft and any applicable fees or charges from any reward funds subsequently loaded by your Program Sponsor for access with your Card.
- Refunds and Returns. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to abide by the return, refund and transaction policies of the Merchant and to request a credit to the Card from the Merchant in place of a cash refund where possible. If a Merchant credits the Card, the funds may not be immediately available. Issuer and Program Servicer may have no control over when a Merchant sends a credit transaction. All disputes regarding the Merchants return, refund and transaction policies must handled directly with the Merchant.
- Card Balance Inquiry.
To check the balance on your Card, please call 1-833-451-4669 or visit
www.HealthyBenefitsPlus.com/HealthPerks/Account/BalanceCheck. The balance you receive when
inquiring over the telephone or online is an estimate only. In most
cases, the balance is adjusted immediately when you make a purchase,
but there may be occasions when the balance adjustment is delayed.
It is your responsibility to keep track of the amount of funds accessible with the Card. You may review your Card balance and a history of your Card transactions by visiting www.HealthyBenefitsPlus.com/HealthPerks/AccountSettings or by downloading the Healthy Benefits+ mobile app.
- Lost, Stolen, or Damaged Card; Unauthorized Transactions.
If your Card is lost, stolen, or damaged, you may log in to your account at
www.HealthyBenefitsPlus.com/HealthPerks/AccountSettings and request a replacement card.
The Issuer and the Program Servicer are not responsible for unauthorized
use of any Card. Your Card will be deactivated and any funds
remaining on the Card at the time of the call may be transferred onto
a new Card. If the funds are transferred onto a new Card, the fund
will be temporarily unavailable until you activate the new Card.
It may take up to 30 days to process and issue a replacement Card.
If your Card is lost, stolen, or damaged, and you request a replacement Card.
Under Visa's Zero Liability rules, your liability for unauthorized Visa transactions on your Card is $0.00 if you notify the Issuer and the Program Servicer of the unauthorized transaction and you are not negligent or fraudulent in the handling of your Card. Any changes made by Visa to its Zero Liability rules will be automatically applied to your Card without notice from us.
- Errors. If you become aware of and/or your mobile or online account shows transactions that you believe you did not make or contain some other error, you must notify the Program Servicer immediately. If you fail to notify the Program Servicer of any potential errors within sixty (60) days after the information was made available to you, you may not be entitled to receive any value you lost if we can prove that you failed to use reasonable care or could have prevented or limited any further loss. Notifying the Program Servicer within sixty (60) days after the information was made available to you is not a guarantee that you will receive a refund of any value lost. We reserve the right to investigate any claim you may make regarding a lost or stolen Card or unauthorized transaction, and you agree to cooperate with such investigation.
- Card Termination and Suspension. You, your Program Sponsor, the Program Servicer, and we have the right to suspend or terminate a Card. Your Card may be suspended, terminated, canceled or revoked at any time by your Program Sponsor, the Program Servicer or us for any reason and without prior notice, subject to applicable law. For example, we may suspend, terminate, cancel or revoke your Card: (i) if we believe you (or an individual authorized by you) have used or may use it for any unlawful or suspicious purpose; (ii) if you have used or may use it in violation of this Agreement; (iii) if we are unable to verify the accuracy of any information you provide to us; (iv) if we believe your actions may cause legal or financial risk to us or others; or, (v) if your Program Sponsor fails to provide sufficient funds for loading your Card. We may also suspend, terminate, cancel or revoke your Card at the request of your Program Sponsor.
- MANDATORY BINDING INDIVIDUAL ARBITRATION.
Please read this section carefully. It affects legal rights that you may
otherwise have and requires individual final and binding arbitration of
most disputes instead of resolution in court. This section is not intended
to provide you with a complete explanation of the consequences of
arbitration. You should consult with other appropriate professionals
before using your Card.
Arbitration is a substitute for having your claims adjudicated in a court of law. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
- ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE
You, Issuer and Program Servicer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide or collective) final, binding arbitration, except that you, Issuer or Program Servicer may take claims to small claims court if they qualify for hearing by such a court.
- ARBITRATION PROCEDURES
Arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules and instructions for how to initiate an arbitration are available from AAA at https://www.adr.org or 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Reasonable attorneys' fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
- Limitation of Liability.
ISSUER, PROGRAM SERVICER, AND THEIR AFFILIATES MAKE NO WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION,
ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR
SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU.
ISSUER AND PROGRAM SERVICER ARE NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES YOU PURCHASE WITH THE CARD. ISSUER AND PROGRAM SERVICER WILL NOT BE LIABLE IF: 1) THROUGH NO FAULT OF THEIRS, YOUR CARD HAS INSUFFICIENT FUNDS AVAILABLE TO PROCESS YOUR INTENDED TRANSACTION; 2) A MERCHANT REFUSES TO ACCEPT YOUR CARD; 3) A MERCHANT'S POINT-OF-SALE TERMINAL OR EQUIPMENT IS NOT FUNCTIONING PROPERLY, AND YOU KNEW OR SHOULD HAVE KNOWN ABOUT THE PROBLEM WHEN YOU ATTEMPTED TO CONDUCT A TRANSACTION; 4) YOU ATTEMPT TO CONDUCT A TRANSACTION AFTER YOUR CARD HAS BEEN DEACTIVATED, SUSPENDED OR TERMINATED FOR ANY OF THE REASONS STATED IN THIS AGREEMENT, INCLUDING FOR A CARD THAT HAS BEEN REPORTED AS LOST, STOLEN, OR DAMAGED; 5) THERE IS A “HOLD” PLACED ON YOUR CARD OR YOUR FUNDS ARE SUBJECT TO SOME LEGAL OR ADMINISTRATIVE PROCESS; 6) ISSUER AND PROGRAM SERVICER HAVE REASON TO BELIEVE THE REQUESTED TRANSACTION IS UNAUTHORIZED; 7) DESPITE REASONABLE PRECAUTIONS, CIRCUMSTANCES BEYOND ISSUER'S AND PROGRAM SERVICER'S CONTROL PREVENT THE COMPLETION OF THE TRANSACTION; 8) YOUR PROGRAM SPONSOR DID NOT PROPERLY FUND THE ACCOUNT ACCESSIBLE WITH YOUR CARD IN A TIMELY MANNER; 9) THE PROGRAM SPONSOR DID NOT PROVIDE YOU WITH REQUIRED DISCLOSURES, ACCOUNT INFORMATION, PROGRAM DOCUMENTS, OR OTHER SERVICES, EVEN IF THOSE RESPONSIBILITIES ARE REFERRED TO IN THIS AGREEMENT; OR, 10) ANY OTHER EXCEPTION STATED IN THIS AGREEMENT WITH YOU APPLIES.
ANY PROCEEDING BY YOU TO ENFORCE AN OBLIGATION, DUTY OR RIGHT ARISING OUT OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW WITH RESPECT TO YOUR CARD MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION OCCURS.
- Assignment. Issuer and Program Servicer may transfer, sell, or assign their respective rights under this Agreement. You may not transfer, sell or assign your Card or your rights or obligations under this Agreement.
- No Resale. Cards may not be resold without express written authorization from the Issuer and the Program Servicer. The Card is not valid and will not be honored, and Issuer and Program Servicer will not be liable, if a Card is obtained from unauthorized distributors or resellers, including through Internet auction sites.
- Governing Law. Except where federal laws, rules and regulations govern, the laws of the State of Delaware, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
- Changes to Agreement. Issuer and Program Servicer reserve the right to change this Agreement from time to time in their discretion, subject to applicable law. You will be notified of any change in the manner required by applicable law; however, changes for security purposes may be made without providing you prior notice of such change.
- Fraud. Issuer and Program Servicer reserve the right to refuse to honor a Card where they suspect that the Card was obtained or used fraudulently.
- Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement so construed is held to be invalid, illegal, or otherwise unenforceable, such provision shall be deemed severed from this Agreement and all other provisions shall remain in full force and effect.
- Telephone Recording. Issuer and Program Servicer may monitor and/or record telephone calls between you and Issuer or Program Servicer or our vendors or other service providers to assure the quality of customer service.
- Non-Waiver. The failure by any party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The express waiver of any default by either party shall not be deemed a continuing waiver but shall apply solely to this instance to which such express waiver is directed.
- Business Days. For purposes of this Agreement, Issuer's and Program Servicer's business days are Monday through Friday, not including any Federal Holidays.
- Disclosure of Information. Issuer or Program Servicer may disclose information to third parties about your Card or the transfers that you make from it: i) where it is necessary to provide service associated with your Card and fulfill their obligations to your Program Sponsor; ii) to verify the existence and condition of your Card for a third party, including a Merchant or a bank; iii) in accordance with applicable web Privacy Policies; iv) for any reasonable security purposes; v) to comply with any government agency, court orders, or other legal request; or vi) otherwise as necessary to fulfill their obligations under this Agreement.
- English Language. Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
- Headings. The descriptive headings in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
- Contacting Us.
You may submit general inquiries by visiting:
The Card is a prepaid card that is being provided to you by a Program Sponsor pursuant to applicable program documents. The Card allows you to access certain reward funds on the Card loaded by the Program Sponsor, not the Program Servicer. The funds available with your Card are not your property. The Program Sponsor is responsible for ensuring funds are available to be loaded to the Card. You do not have the ability to add or load funds to the Card. The Card is not a gift card and is not connected in any way to a personal checking or savings account or any other financial account you may have. The Card is not a credit card. You will not receive any interest on the funds associated with the Card. Your Card is not accepted at Automated Teller Machines (“ATMs”) and cannot be used to obtain cash from an ATM, a point-of-sale terminal (“POS”), or by any other means, except as required by law. Only your Program Sponsor may load additional funds that can be accessed with your Card. You may not load any value to your Card. The Card(s) issued to you remain the property of the Program Servicer and must be surrendered upon request.
Your Program Sponsor may provide you additional documents that govern the types of rewards available to you, any potential limitations on those rewards, and the qualifications necessary to earn rewards accessible by a Card. Those program documents may also describe additional benefits or promotions that may be accessible with your Card. These additional benefits and promotions are separate and distinct from the funds you have earned as a reward and expire in accordance with your applicable program documents. Your Program Sponsor is responsible for funding your redemptions of these additional promotions. Issuer and Program Servicer are not parties to any of your program documents and are not responsible for the program documents or the underlying program through which you have received the Card.
You will not be entitled to any of the funds that remain accessible by a Card upon suspension, termination, cancelation, or revocation of the Card.
Notwithstanding the mandatory individual arbitration terms contained in this Agreement, all parties retain the right to seek relief in small claims court for disputes or claims within the scope of its jurisdiction.
You, Issuer and Program Servicer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
YOU, PROGRAM SERVICER, AND THE ISSUER AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.
YOU, THE PROGRAM SERVICER, AND THE ISSUER AGREE AND UNDERSTAND THAT THIS ARBITRATION AGREEMENT MEANS THE PARTIES ARE GIVING UP THE RIGHT TO BRING CLAIMS IN COURT OR HAVE A JURY RESOLVE THE DISPUTE.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Issuer's and Program Servicer's affiliates and related entities.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.