Reward Terms
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 Solutran, Inc. (“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.
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 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.
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.
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/ABHIL or by downloading the Healthy
Benefits Plus mobile app.
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.
You will not be entitled to any of the funds that remain accessible by a
Card upon termination, cancelation, or revocation of the 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.
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 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 classwide or collective) 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.
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.
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.
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.
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.
www.HealthyBenefitsPlus.com/ABHIL/ContactUs.