This document is a contract between me, the person to whom an Ingenicard Pre-Paid /Store Value Cash Card is provided and Ingenicard US, Inc., a company organized under the laws of the State of Florida, USA (“Ingenicard”). This contract establishes the rules and conditions, which govern my Card Account and the use of the Service with my Access Card. I agree that when I use my Access Card in a bank machine (ATM), point of sale debit terminal, Ingenicard telephone access, or by internet access, or to access other services provided by Ingenicard through the Access Card, I agree to be bound by the terms of this Agreement. I understand that the card is not a credit card, nor credit line nor am I granted overdraft protection associated with the Cash Card; that this Card may not be used to purchase illegal goods or services. Each time the Card is used to purchase goods, services or to make long distance telephone calls, I authorize Ingenicard to debit the Card accordingly.
Limitation on Value: REGARDLESS OF THE BALANCE ON MY CARD, It is understood that the maximum amount of value that can be “loaded” or added on the Card or transmitted from my card on any calendar day is limited to US $2,000. dollars; Ingenicard in its sole discretion may increase or decrease these limits from time to time upon notice to you subject always in accordance with the applicable law of the governing jurisdiction.
1. Confidentiality of Secret Code
Each Secret Code is for my use alone. I will keep my Secret Codes confidential and will keep my Access Cards separate from my Secret Codes, at all times. I will select a different Secret Code for Internet or telephone transactions other than the Secret Code I use at ATMs and Debit Terminals.
When choosing a password, I will not use all or any part of:
- A password I use for any other service with Ingenicard;
- My name, or a close relative's name;
- My birth date, telephone number or address, or that of a close relative;
- A number of any of my Cash Cards; or
- Any other number, which can be easily obtained or guessed by someone else.
My Access Card is for my use alone. I will not allow anyone else to use it.
2. Loss or theft of card: failure to keep Secret Code confidential
To the extent permitted by applicable law, Ingenicard is not responsible for lost or stolen Card or any unauthorized transactions made with the Card. If my Card becomes stolen or lost; or If a Secret Code becomes known to anyone or I suspect that it is known to another person and/or if my Access Card is lost, stolen or being misused, that in order to minimize my losses, I must deactivate my Card, as soon as reasonably possible, at www.ingenicard.com, or notify the nearest Ingenicard Center. Ingenicard Centers accept collect calls 24 hours a day, 7 days a week, for this matter only. Their telephone and other access numbers are:
- International: 1-305-403-7037
- E-mail: csr@Ingenicard.com
- Web site: www.Ingenicard.com
If I know or suspect that a Secret Code has become known to anyone, I will change all of my Secret Code immediately.
3. My Liability for Bank Machine and Debit Terminal Losses
This section applies only to losses that occur through an ATM Debit Terminal, except for cashback losses (collectively referred to as "Losses"). Section 4 below applies to other losses, including losses that are cashback losses and losses, which occur through Internet or telephone transactions.
(a) Liability for Losses:
I will be liable for the following Losses:
(i) Losses from Authorized Use of Access Card or Secret Code: I will be liable for all Losses which result from authorized use of my Access Card or Secret Code in an ATM/Debit Terminal, including, but not limited to, any entry errors or fraudulent or worthless deposits I make.
(ii) Losses from Intentional Contribution to Unauthorized Use of Access Card or Secret Code: I will be liable for all Losses, which result form my intentionally contributing to unauthorized use of my Access Card or Secret Code. I will be deemed to have intentionally contributed to unauthorized use if:
1. I disclose a Secret Code to anyone, including by writing the Secret Code on my Access Card or keeping a written record of it near an Access Card;
2. I fail to notify Ingenicard within a reasonable time after an Access Card has been lost, stolen or misused, or when I suspect or learn that a Secret Code has become known to another person; or
3. I select a Secret Code which is based on the number on my Access Card, my birth date, phone number or address of any close relative, or if I select the same Secret Codes for telephone transactions and ATM / Debit Terminal access.
(iii) Losses from Unintentional Contribution to Unauthorized Use of Access Card or Secret Code: I will also be liable for all Losses which result if I unintentionally contribute to unauthorized use; if required, I shall co-operate in any subsequent investigation.
(b) Liability for Losses from Unauthorized Use after Ingenicard is Notified:
I will not be liable for Losses which result from unauthorized use of my Access Card or my Secret Code after I notify Ingenicard of the loss, theft or misuse of my Access Card through which such Losses occur, or that the specific Secret Code through which those Losses occur was disclosed to, learned or obtained by anyone else, or may have become known by anyone else.
(c) Amount of Liability:
I will be liable for all Losses, which occur each day, subject to the above paragraphs, but only up to the amount of the daily withdrawal limit established by Ingenicard. The amount for which I may be liable under this paragraph 3 may exceed my Card Account's credit balance if:
(i) The Cash Card Transaction is made on the basis of fraudulent or worthless reload at an ATM / Debit Terminal.
For clarification, I will not be liable for Losses resulting from circumstances beyond my control, such as:
(i) Losses resulting from unauthorized use of my access Card and/ or Secret Code which occurs after I give timely notice to Ingenicard that the Secret Code used with that Access Card has become or may have become known to another;
(ii) Losses resulting from Ingenicard errors or system malfunctions.
4. My Liability for Other Losses, including Cashback and Internet or Telephone Transactions
This section applies to all losses which occur through the Service and which are not covered by Section 3 above, including but not limited to cashback losses (including through automated teller machines) and losses through Internet or telephone transactions (collectively call "Other Losses").
I will be liable for all Other Losses, which occur as a result of authorized use of the Card by others and/or unauthorized use of my Access Card and/or Secret Code or the Service.
I will not be liable for Other Losses which occur after I timely notify Ingenicard of the loss, theft or misuse of my access Card through which the Other Losses occur, that the Secret Code through which the Other Losses occur was disclosed to or obtained by anyone else or may be known by anyone else, or that any other unauthorized use of the Service may be occurring. My liability for Cashback losses is not limited by my daily withdrawal limits.
5. Ingenicard Liability
Ingenicard will not be liable for any delay, damage or inconvenience I suffer if I am unable to access the Service or if any part or all of the Service malfunctions or does not function for any reason at all.
Refunds: Any refund for goods or services purchased with the Card may only be made in the form of a credit to the Card. You are not entitled to receive the refund in cash.
6. Dispute resolution
Ingenicard is not responsible for the delivery, quality, safety, legality or any other aspect of goods and services purchased by you with the Card. If I use the Service to purchase goods or services from a merchant or to pay merchant’s bills, I must settle directly with the merchant any disputes or claims I may have. Ingenicard has no responsibility for any such problems or disputes, and will not be liable if a merchant does not give me credit involving a dispute or problem. If I have any disputes with regards to transfers to other Ingenicard Card Accounts, or to bank accounts held by third parties, or Bill Issuers, I must settle them by dealing directly with the transferee, third party, or Bill Issuer, only. Ingenicard will not be liable if a Bill Issuer does not give me credit for a Bill Payment, imposes any additional charges to me (such as late fees or interest penalties) on me, or takes any other such actions. If I have any questions regarding the accuracy of a Cash Card Transaction or any dispute with Ingenicard arising from my use of the Service, I will bring it to the attention of the Ingenicard Customer Care Center. Full details of the dispute resolution procedure are set out at www.ingenicard.com entitled “Resolving Your Complaint”.
7. Ownership of Account and beneficiary Designation
The rights hereunder to the Card Account is owned by the person to whom the Access Card is sent to or delivered, and may not be assigned. No other third person has any rights under this contract.
8. Termination, suspension or alteration of the service
Ingenicard in its sole discrection may limit your use of the Card; refuse to issue a Card or may revoke the Card privileges with or without cause or notice, other than required by applicable law. The Card at all times remains the property of Ingenicard and may be repossessed by Ingenicard at any time.
Ingenicard is entitled to do any of the following, at any time and without notice to me: (a) withdraw any ATM/Debit Terminal or other part of the Service from use, (b) withdraw its permission to me to use all or any part of the Service, or (c) cancel or alter all or any part of the Service. Ingenicard will refund any monies held on my Card Account, less any applicable fees in the event of the withdrawal of permission to use or cancellation of my Card Account. If Ingenicard does so, Ingenicard will not be liable to me or any other person for any loss or inconvenience which that person or I may incur as a result. For my protection, an expiration date may appear on my Access Card. My Access Card belongs to Ingenicard, and I will return it immediately to Ingenicard if Ingenicard asks me to do so. I may terminate my Card Account at any time upon notice to Ingenicard and effective only when Ingenicard receives my notice. If I terminate this Agreement, I will immediately return to Ingenicard my Access Card.
9. Use of Service
My use of the Service will show that I have received and read this Agreement. I will use the Service strictly in accordance with Ingenicard instructions in effect from time to time in the Guide or otherwise. Ingenicard may impose daily limits on withdrawals, transfers and other transactions, and may change these limits at any time, with or without notice to me. Each Cash Card Transaction involving a transfer from my Card Account to another Ingenicard Card account will be debited or credited to the Ingenicard Card account I specify at the time of the transaction and processed in accordance with Ingenicard’s normal practices as set out in the User’s Guide or otherwise. ATM/Debit Terminal transactions will be effective as of the same day. Bill payments by ATM/Debit Terminal, Internet or telephone, and transfers to a third party’s Ingenicard Card Account by ATM/Debit Terminal, Internet or telephone transaction (when allowed), may not be processed for two or more banking days.
10. Transfers
Ingenicard will only give credit for cash it accepts for funding (including items drawn “on us”). Actual credit for funding of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. Ingenicard is not responsible for transactions by mail or outside funding until Ingenicard actually records them. Ingenicard will treat and record all transactions received after its “daily cutoff time” on a business day Ingenicard is open, or received on a day Ingenicard is not open for business, as if initiated on the next following business day that Ingenicard is open.
11. Direct Deposit
If, in connection with a direct funding plan, I fund any amount in an account which should have been returned to the Government for any reason, I authorize you to deduct the amount of my liability to the Government from my Card Account or from any other Card Account I have with Ingenicard, without prior notice and at any time, except as prohibited by law. Ingenicard may also use any other legal remedy to recover the amount of its liability.
12. Withdrawal / Cashback / Payout
Ingenicard may refuse any withdrawal or transfer request, which you attempt on forms not approved by it or by any method unauthorized by Ingenicard, which is greater in number than the frequency permitted, or which is for an amount greater or less than any withdrawal limitations. Even if Ingenicard honors a nonconforming request, it may treat continued abuse of the stated limitations (if any) as my act of closing the Card Account. Ingenicard will use the date the transaction is completed by it (as opposed to the date I initiate it) to apply the frequency limitations. Ingenicard will not honor withdrawal requests that overdraw the available Card Account balance. I will review the funds availability policy disclosure for information about when I can withdraw funds reloaded to my Card Account. For those Card Accounts for which Ingenicard’s funds availability policy disclosure does not apply, I understand that I can ask Ingenicard when I fund my Card when those funds will be available for withdrawal. Ingenicard may hold funds if required to do so by law.
13. ACH and Wire Transfers
This agreement is subject to Article 4A of the Uniform Commercial Code – Fund Transfers as adopted in the jurisdiction governing my Card Account. Where permitted, If I originate a fund transfer for which Fedwire is used, and I identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, Ingenicard and every receiving or beneficiary financial institution may rely on the identifying number to make payment. Ingenicard may rely on the number even if it identifies a financial institution, person or account other than the one named. I agree to be bound by automated clearinghouse association rules. These rules provide, among other things, that payments made to me, or originated by me, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If Ingenicard receives a credit to my Card Account by wire or ACH, Ingenicard is not required to give me any notice of the payment order or credit.
14. Access to my Ingenicard Card Account
(1) I will not make a withdrawal, transfer or bill payment, which exceeds the balance in my Cash Card Account. If Ingenicard allows me to withdraw or transfer funds in a foreign currency, Ingenicard will debit my Card Account in U.S. funds at an exchange rate determined by Ingenicard; that rate may not be the rate in effect at the time of the Cash Card Transaction. I understand that if my Card Account is inactive (meaning that there have been no transactions for at least 6 months), it may be become inactive and I may not be able to access it through the Service. Inactivity fees in force from time to time may be deducted from my Card Account.
2) I understand that only the one cardholder, me, may use a Card Account to access the Service. Each withdrawal or transfer from my Card Account performed through the Service is treated as a cashback/payout under this Agreement, which applies to all such transactions; if Ingenicard cashback/payout losses occur through the Service, the liability for those losses will be governed by this Agreement.
15. PC Link / Internet Direct Transaction
I authorize Ingenicard to accept my instructions as entered by me through a computer and transmitted via modem or Internet to Ingenicard, as if I had given Ingenicard instructions in writing, for bill payments (where permitted), transfers between Ingenicard accounts and/or credit cards such as Visa/MasterCard Card Accounts, Ingenicard Card Account balance and item inquiries, and any other services which Ingenicard may make available to me from time to time in its Web Site.
16. Internet or Telephone Transaction
I authorize Ingenicard to accept my instructions over the Internet or by telephone (whether I give them orally, or by pressing the number pads on the telephone, also called “interactive voice response” or “IVR”) as if I had given Ingenicard instructions in writing, for bill payments, transfers between Ingenicard Card accounts and/or credit cards such as Visa/MasterCard Accounts, Ingenicard Card Account balance and item inquiries, and any other services which Ingenicard may make available to me from time to time through the Internet or by telephone.
17. Records
Ingenicard records with respect to all Cash Card Transactions are conclusive and binding upon me. Should any dispute arise concerning a transaction, I agree that Ingenicard records will be admissible evidence in any legal proceeding. The transaction record produced and dispensed by an ATM/Debit Terminal at the time of an ATM/Debit Terminal transaction will constitute my written instructions to Ingenicard. If Ingenicard gives credit for any check or reloaded item, that credit may be reversed if Ingenicard does not receive full payment with respect to that check or item.
18. Statements
I agree that I must examine my statement of account with “reasonable promptness”. If I discover (or reasonably should have discovered) any erroneous, improper or unauthorized transactions, I must promptly notify Ingenicard of the relevant facts. Should I fall to inform Ingenicard in either cases, I will have to either share the loss with Ingenicard, or bear the loss entirely myself (depending on whether I used ordinary care and, if not, whether I substantially contributed to the loss). The loss could be not only with respect to items on the statement but other items with unauthorized instructions by the same wrongdoer.
I agree that the time I have to examine my statement and report to Ingenicard will depend on the circumstances, but will not, in any circumstance, exceed a total of 30 calendar days from when the statement is first made available to me.
I further agree that if I fail to report any unauthorized transactions, signatures, alterations, forgeries, or any other errors in my card account within 30 calendar days of the date Ingenicard first sends or makes the statement available, I cannot assert a claim against Ingenicard on any items in that statement, and I accept that any loss will be entirely mine. This limitation is without regard to when Ingenicard uses ordinary care. The limitation in this paragraph is an addition to that contained in the first paragraph of this section.
19. Schedule of Charges
Ingenicard will impose service charges for my use of the Service, as set out in the Ingenicard's Pricing Disclosure Form, or as otherwise notified to me from time to time by Ingenicard or as announced on the Ingenicard Website. I agree to the terms of the schedule of charges provided in the Pricing Disclosure Form. I authorize Ingenicard to deduct, or debit these charges directly from my Card Account balance as accrued. Information regarding changes in service charges will be disclosed to me in accordance with applicable laws. I may obtain a copy of the current Pricing Disclosure Form at www.ingenicard.com.
20. Funds Availability
This policy statement applies to my Card account. I understand that Ingenicard policy is to make funds from my reloads available to me on the first business day after the day Ingenicard receives the funds. Electronic direct funding will be available on the day we receive the funds. Once they are available, I can withdraw the funds. For determining the availability of your funds, every day is a business day, except Saturdays, Sundays, and Government Holidays.
LONGER DELAYS MAY APPLY: Funds that are reloaded may be delayed for a longer period if there is an emergency, such as failure of communications or computer equipment, problems or Act of God.
21. Changes to this agreement
I will keep this copy of this Agreement. Ingenicard may change this Agreement and it Pricing Disclosure Form at any time without prior notice to me. Notice of any change to the Agreement will be given to me by posting or displaying the notice at the Ingenicard Website for a period of 30 days; if I wish, I may obtain a copy of the changes by requesting it from the Ingenicard office.
Change of Address: If my mail, e-mail or telephone numbers change from what has originally be given to Ingenicard, I agree it will be my obligation to immediately inform Ingenicard; Failure to do so may result in information being sent to the wrong person in which case Ingenicard shall not be responsible for any loss resulting from the failure set forth herein.
22. Governing Law
This Agreement shall be governed and construed in accordance with the Laws of United States of America.
23. Definitions in this Agreement:
* "ATM/Debit Terminal" means an instant teller machine, instant payment terminal, or any other automated banking machine or card-reading terminal, which can be accessed by an Access Card as part of the Service. (For clarification, this phrase does not include Internet or telephone transactions.)
* "Access Card" means my Ingenicard Card Account or any other card bearing the Ingenicard logo, which Ingenicard allows me to use to access the Service, by use or presentation of the card or the number on it.
* "Bill Issuer" means a business that has agreed to be a payee of bill payments through the Service and to which I make a bill payment.
* "Card Account" means a transaction funding account I have with Ingenicard, which Ingenicard allows me to access through the Service.
* “Card Holder” is at least 18 years of age; and represents and warrants all of the personally identifiable information provided is true, correct and complete; you have accepted the Card and agree that you have read and understood this Agreement and that you will be bound by and will comply with all of it terms and conditions; Please Note: If you are under age your parent or guardian may enter into this Agreement on your behalf.
* "Cash Card Service Agreement" means the agreement governing my Ingenicard Account, as amended and replaced from time to time.
* "Cash Card Transaction" means a transaction performed through the Service.
* "Disclosure Form" means Ingenicard personal service fees disclosure pamphlet, as revised and replaced from time to time.
* "Ingenicard" means Ingenicard US, Inc., a company organized under the laws of the State of Florida, USA.
* "Guide" means Ingenicard user guide and/or telephone user brochure, as revised and replaced from time to time.
* "Funding" it is the term used in order to add money into a card account.
* "Reload" it is the term used for the action or method in order to add money into a card account.
"I", "me" and "my" refer to the individual who has received the Access Card to whom this agreement applies.
* "Losses" has the meaning given in paragraph 3 herein.
* "Other Losses" has the meaning given in paragraph 4 herein.
* "Secret Code" means each combination of numbers or letters I select or which Ingenicard gives me, for my use alone, as a means of identifying me and enabling me to use certain services within the Service including, but not limited to, the personal identification number (PIN) used at ATM/Debit Terminals and the different password used with telephone or Internet transactions.
* "Service" means ATM/Debit Terminal access, Internet or telephone transactions as further described in section 5 below, PC Link, Internet Provided, and any other services which Ingenicard makes available to me or enables me to use from time to time by use or presentation of the Access Card, a Secret Code, and/or the provision to Ingenicard of other information which enables Ingenicard to confirm my identity.
Unless the context requires otherwise, words in this Agreement which are in the singular number include the plural, and vice versa.
24. Entire Agreement
This Agreement sets forth the entire understanding and agreement between you and Ingenicard, whether written or oral, with respect to the subject matter hereof and supercedes any prior or contemporaneous understandings or agreements with respect to such subject matter.
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