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Visa® SHARING Card Agreement and User Guide
This SHARING Card Agreement and User Guide (this "Agreement") is the terms and conditions governing our issuance and your use of the enclosed Visa® SHARING Card ("Card"). Please read this Agreement carefully and keep it for your records. By purchasing, signing, or using the Card, or authorizing another person to use the Card, you are agreeing to the terms and conditions in this Agreement. In this Agreement, "you" and "your" mean: (a) the person to whom we issue the Card; (b) the person receiving the Card; and (c) the person using the Card. The terms "we," "us," and "our," mean Conestoga Bank, and its successors, agents, and assigns.
ABOUT YOUR SHARING CARD
You have received the Card with a U.S. Dollar amount fixed at the time of purchase. You authorize us to transfer any unused value left on the Card after eighteen (18) months to the charity disclosed at the time the Card is purchased. Unless we otherwise agree, we sell Cards with a minimum value of $25.00 and a maximum value of $750.00. You acknowledge and agree that the amount available on the Card is limited to the prepaid U.S. Dollar value fixed at the time of purchase. The Card is not a credit card or an automated teller machine card. The prepaid value is not an account and is not insured by the Federal Deposit Insurance Corporation or any other federal or state agency. You have no separate, distinct deposit account established for you with us that is associated with the Card. Your Card's prepaid value cannot be increased after the Card is issued or replaced after the value is used. The prepaid value will decrease as you use the Card, or you incur, or we assess, a fee or charge. We do not pay interest on the balance on your Card. The Card is our property and we reserve the right to cancel, repossess, or revoke its use at any time without prior notice, subject to applicable law. If you permit someone else to use your Card, we will treat this use as if you have authorized that person to use your Card and you will be responsible for any transactions initiated by such person with your Card, with or without your knowledge. Purchases of Cards are final, and resale of Cards are strictly prohibited.
BEFORE USING YOUR SHARING CARD
Before using your Card, you must sign your signature on the back where indicated. Once the Card is signed, it cannot be transferred to anyone else. Write down the Card number, Card Security Code (the last three digits printed on the back of the Card) and the Customer Service number, 866-437-2265, on a separate piece of paper in case the Card is lost, stolen, or destroyed. We urge you to register the Card in your name at www.consumercardaccess.com/sharingcard promptly, upon receipt. By registering the Card, we can establish your relationship to the Card in the event it is lost, stolen, or destroyed. If you are required to activate the Card, instructions will be provided on the face of the Card.
USING YOUR SHARING CARD
You may use your Card as often as you like to obtain goods and services up to the value of the Card. Each time you use your Card, we will deduct the amount of the transaction from the remaining value associated with the Card. The Card is not reloadable and cannot be used after its value reaches zero. To pay for purchases at merchants that accept Visa® debit cards, you should use it as you would a credit card, by selecting the "credit" payment option and signing the sale receipt. Although your Card is a debit card, it will not work with debit payment systems that require a personal identification number (PIN). You are responsible for keeping track of the available balance on your Card. Merchants generally will not be able to determine the available balance on your Card, so you need to know the exact balance BEFORE making a purchase. To obtain your available balance and a record of daily updated Card transactions, visit us online at www.consumercardaccess.com/sharingcard or call 866-437-2265. Customer Service is available 24 hours per day, 7 days per week. We strongly urge you to review regularly your Card's online transaction history. Your failure to review could affect your rights with regard to unauthorized transactions or transaction errors. If you use your Card for more than its available value, you agree to pay us the difference upon demand. If you have a problem with a purchase that you make with the Card, or if you have a dispute with a merchant, you must deal directly with the merchant. If you are entitled to a refund for any reason relating to a Card transaction, you agree to accept the refund under the policy of that merchant.
THE CARD CANNOT BE USED:
- To obtain cash; or
- For any unlawful purpose (for example, funding any account that is set up to facilitate Internet gambling); or
- To make regular, preauthorized payments to third parties.
You further agree to take steps to ensure that you will not use your Card for any transaction that is illegal under the laws governing your Account. In addition, we reserve the right to deny transactions or authorizations from merchants apparently engaging in the Internet gambling business or identifying themselves through the Card transactions record or otherwise as engaged in such business.
PURCHASES GREATER THAN THE VALUE ON YOUR SHARING CARD:
COMBINING FORMS OF PAYMENT AND SPLIT TENDER TRANSACTIONS
If you wish to use your Card to purchase an item for more than the available balance on the Card, subject to the merchant's policy, you may be able to use your Card toward a portion of the purchase price and then use another form of payment to pay the balance of the purchase price. This is called a "split tender" transaction because you would be "splitting" the purchase price between your Card and another form of payment. Before you request a "split tender" transaction, please call Customer Service at 866-437-2265 to confirm the available balance on your Card. Then, you MUST ask the merchant if two forms of payment will be accepted for the purchase you wish to make. If the merchant agrees, first request that the merchant debit or charge a specific dollar amount on the Card and then use the other form of payment to pay the remaining balance. Some retailers, particularly department stores, will only allow a "split tender" transaction if the second form of payment is cash or check. Internet and most mail order merchants do not permit "split tender" transactions. We do not guarantee that the merchant will accept two forms of payment.
USE AT GASOLINE MERCHANTS
If you use your Card for gasoline purchases, you must pay with the Card at the cashier station, not at the pump. The Card cannot be used for “Pay at the Pump” transactions.
USE AT RESTAURANTS, HOTELS, AND SIMILAR MERCHANTS
When a merchant with employees receiving tips (e.g., restaurants, spas, hair salons, etc.) requests approval to complete your transaction, the Preauthorization Request amount will include a fixed percentage (approximately 20% or more) to the amount reflected on the bill presented to you prior to payment. This additional amount is meant to cover the tip or possible additional charges that the merchant expects you will add to the bill. A merchant in the travel business (such as a hotel, car rental agency, or cruise line) will also verify that your Card has sufficient funds to pay an anticipated bill for services you are requesting. The anticipated bill may be greater than the actual bill when you check out, return the rental car, etc. (even though only the actual amount of the bill ultimately will be deducted from your account). As a result of this increased Preauthorization Request, if you have insufficient available balance on your Card to cover the Preauthorization Request amount, your Card may be declined. If you have more than sufficient available balance on your Card to cover the Preauthorization Request amount, it may result in a "hold" on your available balance for the additional amount if you do not add the amount they expect. Once the merchant sends us the final transaction amount you designate, we will remove the "hold" on your available balance for any additional amount exceeding the final transaction amount. This may take up to 3 business days from the transaction date and during this period you will not be able to use any balance subject to this "hold". TO AVOID A DECLINE OF, OR A HOLD ON, YOUR AVAILABLE BALANCE, YOU CAN ASK THE MERCHANT TO AUTHORIZE A SPECIFIC DOLLAR AMOUNT. WE DO NOT GUARANTEE THAT THE MERCHANT WILL FULFILL THIS REQUEST.
INTERNET AND MAIL ORDER PURCHASES
Internet, mail, and phone order purchases may require that we have the correct name and home address of the Card owner on file. If you wish to make Internet or mail order purchases, you will need to go to www.consumercardaccess.com/sharingcard and register your Card by entering your name and home address prior to performing an Internet, mail, or phone order transaction.
LOST OR STOLEN CARDS
Inform us IMMEDIATELY at 866-437-2265 if you believe your Card has been lost, stolen, or subject to unauthorized use.
Keep a record of your Card number, Card Security Code (the last three digits printed on the back of the Card) and the provider contact information in a safe place, separate from the Card.
You will be required to provide your name, Card number and other identifying details in order for that Card to be cancelled.
We cannot provide a replacement Card if you do not have your Card number available and have not previously registered the Card with us.
If a replacement Card can be issued and our records show that there is still an available balance remaining on the Card, that available balance will be transferred to the replacement Card.
Subject to applicable law, we will deduct a $5.00 replacement Card fee from your available balance.
For the purpose of this Agreement, our business days are Monday through Friday. Holidays are not included.
A record of updated daily Card transactions may be viewed online by visiting us at www.consumercardaccess.com/sharingcard. If you do not have online access or if you cannot obtain transaction history online, recent transactions may be obtained by calling Customer Service 866-437-2265. Your failure to review your Card transaction history could affect your rights.
UNAUTHORIZED TRANSACTIONS AND ERROR RESOLUTION PROCEDURES
Disputes with Merchants: You agree to make a good faith effort to settle all disputes about purchases you make using your Card with the merchant who accepted the Card.
Refunds and returns are subject to the merchant’s policies or applicable law.
Unauthorized use: Inform us IMMEDIATELY at 866-437-2265 to have your Card cancelled.
Notices within 60 days of the posting of the unauthorized transaction on the online transaction history. You have zero liability for an unauthorized transaction made with your Card or Card number if you notify us of the unauthorized transaction within 60 days of the posting of such transaction on the online transaction history. The 60-day period commences to run even if you do not access your transaction history online.
Notices more than 60 days after posting of the unauthorized transaction on the online transaction history. If you do not notify us within this 60-day period, you must prove to our satisfaction that the transaction was unauthorized. Use of your Card is “authorized” if it is used by you or anyone to who you have given actual, implied, or apparent authority. You may be required to provide documentation to support your claim, including an affidavit of unauthorized use and a police report. Additionally, in evaluating your claim, we consider whether any negligence on your part contributed to the transaction in question.
Some of the factors we consider in connection with this evaluation include:
- Timely reporting of lost Card – whether you reported any loss or theft of your Card to us within 48 hours of discovery of the loss or theft.
- Prompt review of online transaction history – whether you promptly reviewed the online transaction history. If you do not have Internet access, you may also call us at 866-437-2265 for the card’s transaction history.
- Prompt report of unauthorized transaction – whether, following your discovery of an unauthorized use of your Card on your transaction history, you report the unauthorized transaction to us within 48 hours of the discovery.
- Safeguarding of Card – whether you exercised reasonable care in safeguarding your Card and Card number from loss or theft.
Multiple prior incidents – whether you reported multiple incidents of unauthorized use to us within the 12-month period immediately preceding your claim, and the facts and circumstances surrounding those incidents.
For more information regarding our Unauthorized Use or Error Resolution Procedures call Card Services at 866-437-2265. You can also write to us at: Cardholder Services, 213 West Street Road, Feasterville, Pennsylvania 19053.
SHARING CARD UNUSED BALANCE CHARITY TRANSFER AFTER EIGHTEEN (18) MONTHS
Eighteen (18) months after your purchase, your use of the Card will be cancelled and you authorize us to transfer any unused balance to the charity disclosed at the time of purchase as a charitable contribution. We may revoke the Card at any time without cause or notice. You must surrender a revoked Card and may not use it to make purchases.
FEES
We encourage you to use your Card immediately. There are no fees when using the Card to purchase goods and services within the U.S. You have unlimited free access to balance and transaction information online at www.consumercardaccess.com/sharingcard and via phone at 866-437-2265. The following fees may apply and will be deducted from the available balance on the Card, except where prohibited or modified by applicable law:
CARD REPLACEMENT FEE : A $5.00 fee will be charged to your Card if the Card is replaced.
FOREIGN TRANSACTION FEE : When a Card is used at a merchant that settles out of the United States, you will be charged an International Transaction Fee of 1%. This fee will post within 5 business days after the original transaction has posted.
We have the option of having card transactions converted to U.S. Dollars by Visa, as described above, or by the merchant itself. If the latter option is chosen, the currency conversion rate is determined by the merchant involved in the transaction, and we do not charge a foreign currency conversion fee for the transaction.
BANK'S LIABILITY FOR FAILURE TO MAKE TRANSFERS
If we do not complete a transaction arising from the use of your Card on time or in the correct amount according to our agreement with you, if any, we will be liable to you for losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If through no fault of ours, you do not have enough available balance on your Card to cover a transaction.
- If the system was not working properly.
- If circumstances beyond our control (such as flood or fire) prevent the transaction, despite reasonable precautions that we have taken.
We are not liable to you in any case for special, punitive, or consequential damages or for any incidental expenses incurred by you, including, without limitation, attorneys' fees.
CHANGING THESE TERMS AND CONDITIONS
We may change the terms of, or add a new term to, this Agreement or change any feature of, or add a new feature to, the Card, and we will give you notice of such change in term or feature, or of such new term or feature, as required by law, by sending a notice to you to your last address as shown on our records, if any, or by posting a notice online.
DISCLOSURE OF INFORMATION TO THIRD PARTIES
Generally, absent your consent, we will not disclose information about your Card or its transactions, but may do so under the following circumstances: (i) to comply with a statute, regulation, or rule; (ii) in connection with examinations by state and federal banking authorities; (iii) to comply with any legal process, including, without limitation, a subpoena, search warrant, or other order of a government agency or court; (iv) when we determine that disclosure is necessary or appropriate in order to complete a transaction; (v) to verify the existence and condition of your Card for a third party, such as a merchant or credit bureau; (vi) to provide information to your legal representative or successor; (vii) to report the involuntary cancellation and revocation of your Card; (viii) when we conclude that disclosure is necessary to protect you, your Card, or our interests; (ix) to our agents, independent contractors, and other representatives in connection with the servicing or processing of your Card or its transactions, or similar purposes; (x) to our affiliated companies; or (xi) if you give your permission.
APPLICABLE LAW
To the extent federal law is not applicable, the laws of the Commonwealth of Pennsylvania shall govern this Agreement without regard to that state's conflict of laws principles. We may waive any of the provisions or conditions of this Agreement, but any such waiver shall be effective only on that occasion and shall not be construed as a continuing waiver of the waived provision or condition on any other occasion. |