THE MYVENDINGREWARDS CARD IS A PREPAID CARD THAT CAN BE USED AT PARTICIPATING MERCHANTS SUBJECT TO THE TERMS OF THIS AGREEMENT. INTEREST WILL NOT BE PAID TO YOU FOR ANY VALUE LOADED ON THE CARD. THERE IS NO CREDIT CARD, CREDIT LINE, OVERDRAFT PROTECTION OR DEPOSIT ACCOUNT ASSOCIATED WITH THE CARD.
TREAT AS CASH.
This Cardholder Agreement (“Agreement”) is the agreement between you, the person receiving this card (the “Cardholder”) and us, OperatorName. (“Operator”.) It sets forth the terms and conditions governing the issuance and your use of the card (“Card”) and participation in related programs (“Program”.)
PLEASE READ THIS AGREEMENT CAREFULLY AND KEEP IT FOR YOUR RECORDS.
The Card allows you to load funds onto the Card through loading from a credit card or other funding source. Once your Card is loaded, you can make purchases at locations that accept the Card, as long as the available balance on your Card equals or exceeds the amount of your withdrawals plus applicable fees.
TERMS AND CONDITIONS
Activation. Your Card will be activated upon your online registration and may be used once funds are loaded. By loading funds or by initiating transactions with the Card, you are pre-paying for future purchases and appoint operator as your agent to obtain the funds and to transfer your funds as you direct through use of the Card.
By activating your Card, you represent that you are of legal age to contract in your state, that the information you provide is true, that you accept the Card, that you have read and understand this Agreement and that you agree to be bound by all of the terms and conditions. You agree that you will not use Program services in such a way or for any purpose that will violate any law (including gambling), regulation, court order or other legal requirement, whether criminal or civil, and whether of the United States, any state of the United States or of any foreign country.
This Program is offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User is deemed to have agreed to all such terms, conditions, and notices. Operator and all Program partners reserve the right to change any aspect of the Loyalty program at any time with 30 days notice to active members. Operator is not responsible for unilateral actions taken by Loyalty program partners. Operator reserves the right to discontinue the Loyalty program with 90 days notice to members. This means your right to accumulate points and claim rewards will be terminated 90 days after we give you notice. Your password is unique to your account and is designed to protect your account from unauthorized use. Operator is not responsible for any lost, stolen or otherwise disclosed passwords, nor shall it re-credit any points withdrawn or transferred from your account if anyone seeking redemption provides your password. Accordingly, your password should be guarded and not provided to anyone.
Service Contact. Contact email@example.com with questions or problems with this Web site.
Revocation, Expiration and Surrender of the Card. Each Card is our property and expires six years from date of activation. We may revoke your Card at any time without cause or prior notice. If we revoke your Card, you must cease using it and surrender or destroy it immediately upon learning that it is revoked. Any cash balance above $2.00 will be available for refund on revocation or surrender of the card or closure of the account.
Event of Loss or Theft of your Card. If this Card is lost or stolen, it cannot be replaced; therefore, treat it just like cash.
Loading Funds. You can load the Card with a credit card or bank account through the website. Any funds that you transfer into your Cardholder Account will not be considered received for any purposes whatsoever unless and until they are actually received by Operator and credited to your Cardholder Account’s cash balance. You acknowledge and understand that the funds may be used by you for any of the services that may be available from time to time. You further agree and acknowledge that no interest will be paid on funds in your Cardholder Account. Promotional funds may be made available on your account through redemption, rewards or other promotions at the sole discretion of the Operator. All promotional balances may only be used for product purchases from the Operator or designated merchants and cannot be converted to a cash balance at any time.
Purchases at Merchants. You may use your Card to pay for purchases at vending machines, kiosks and foodservice locations that accept the Card, provided you have a balance in your Cardholder Account higher than any minimum amount required by the transaction. When you purchase anything using your Card, the available amount in your Cardholder Account will be reduced by the amount of the purchase. In the event that the available spending amount on the Card is less than the amount of the purchase, the transaction will be denied. Operator is not responsible for the delivery, quality, safety, legality, or any other aspect of goods and services purchased with the Card. All disputes involving the same should be addressed to the establishment where such goods and services were purchased.
Suspicious or Possibly Unauthorized Activity. We may restrict access to your Cardholder Account if we believe that suspicious or possibly unauthorized activity may be taking place with your Card. We are not responsible for policing your Cardholder Account to determine when there is unauthorized activity. You agree to take all necessary steps to protect your card. If you permit someone else to handle or use your Card we will treat such action as your authorization of that person to use your Card and you will be responsible for all transactions by that person using your Card.
Balance Information. You can review the balance of funds loaded on your Card at any time free of charge on our web site. It is your responsibility to review the transaction history at least once every 30 days, and to report any discrepancies or unauthorized transactions IMMEDIATELY to us.
Limitations, Fees, and Charges. See Appendix A.
Liability of Operator. If a Program service is not provided in accordance with this Agreement, we will be liable for the loss of your money up to the amount that is actually lost, but only if that loss results solely from our nonperformance or that of our affiliates, service providers, employees, agents or contractors, subject to the following limitations:
a. Limitation of Liability. Notwithstanding the foregoing, we will not be liable for any loss or damage you suffer in the following circumstances (We reserve the right to disclaim liability for other circumstances, effective upon amendment of this Agreement.):
• If through no fault of ours, your card is not honored.
• Inability to access your money after we restrict use of your Card after you report its loss, theft or unauthorized use.
• If through no fault of ours, you do not have enough money in your Cardholder Account to make the purchase.
• If the vending equipment terminal or other electronic device used to effect a transaction does not work properly.
• If circumstances beyond our control (such as fire, war, strikes and other labor troubles, civil unrest, flood, earthquake and other natural disasters, terrorism, government action, such as new laws and regulations, court order, injunction or other judicial action or legal process, or the computer network used by us or our contractors and failures by our service providers) prevent providing of Program services, despite reasonable actions or precautions on our part.
• Loss and damage resulting from errors by you, including unintentional errors such as providing incorrect information preventing verification or completion of a transaction.
• Loss and damage resulting from illegal, fraudulent or other wrongful conduct by you, including providing us with erroneous or inaccurate information or using Program services to violate any applicable laws or regulations or to perpetrate fraud on other persons.
• Loss and damage resulting from your breach or other nonperformance under the terms of Agreement, including failure to register properly and failure to properly use the communications systems we have arranged for Cardholders’ use.
• Loss and damage resulting from restrictions imposed by laws and regulations or restrictions imposed by us due to suspicious or possibly unauthorized activity involving your Card.
The information, software, products, and services published on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Operator, Inc. and/or its suppliers may make improvements and/or changes in this Web site at any time. Operator and/or its suppliers make no representations about the suitability of the information, software, products, and services contained on this Web site for any purpose. All such information, software, products, and services are provided "as is" without warranty of any kind. Operator and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement
b. Limitation of Damages. In no event will we, our affiliates, service providers, employees, agents or contractors be liable to you for any indirect, consequential, special, incidental or punitive damages or losses resulting from or caused by your use of, or inability to use, your Card or Program services. This provision is for the benefit of each of our affiliates, service providers, employees, agents and contractors, including Operator, and may be enforced by each of them.
Representations and Warranties of Operator; Disclaimer. As the arranger of services comprising the Program, Operator represents and warrants that it has used commercially reasonable efforts to select processors, merchants, vendors and other providers involved with the Program that Operator believes are reasonably capable of and will provide the services comprising the Program. Operator makes no other representations or warranties of any kind whatsoever in this Agreement, whether express or implied. Operator cannot and does not represent and warrant that such providers will always perform as expected, nor can nor does Operator guarantee the performance of such providers. We provide Program services on an “as is” basis, and disclaim all other warranties of any kind, whether express or implied, including but not limited to those relating to quality, merchantability and fitness for a particular purpose.
Statement of Transactions. You may obtain records of your use of your Card by accessing our website as provided in Contact Information. In case of errors or questions about your Card, or if any records you see show transactions that you believe you did not make, notify us as soon as possible. We must hear from you no later than forty-five (45) days from the transaction date on which the problem or error occurred (the “Review Period”). To make a timely claim for a discrepancy, you must provide us with the following information within the Review Period:
• Your name, telephone number and address;
• Your Card number;
• Identify the date of the transaction and the specific transaction(s) being questioned, including the dollar amount of the suspected error or discrepancy, the location, time and any other information about the transaction that you can provide; and
• Explain as clearly and completely as you can why you believe it is an error or discrepancy, providing any names and contact information of other persons involved in the error or discrepancy, copies of any receipts and other relevant documentation and any other information available to you that you believe would be helpful to resolving the problem.
Amendment. We may make changes to the terms and conditions of this Agreement at any time by posting such amendments to this Agreement on our web site. Amendments will be effective thirty (30) days after such amendments are posted on our web site. Cardholders are responsible for periodically checking our web site to ascertain whether this Agreement has been amended. If the change is for security reasons, we may implement it without advance notice.
Severability. In the event any term of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall be construed as narrowly as possible so as to affect only that term or portion of a term that is invalid, illegal or unenforceable, and all other portions of such term and the other terms of this Agreement shall remain valid and enforceable.
Governing Law. The interpretation and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the United States and the State of North Carolina, without regard to principles of conflict of laws. Any actions or proceedings with respect to this Agreement or any services provided under this Agreement shall be brought only before a federal or state court of competent jurisdiction in North Carolina.
Entire Agreement. This Agreement, together with the Appendices and any amendments to this Agreement, constitutes the agreement between you and us with respect to the Card Program. No terms or other conditions apply to our relationship with one another unless those other terms and conditions are contained in a written document signed by both of us.
Termination. Each of us has the right to terminate this Agreement. You can terminate this Agreement upon giving us notice. We can also terminate this Agreement without advance notice, especially if we terminate due to your default or other nonperformance under this Agreement, as a security precaution, if we decide to terminate the Program or as otherwise provided in this Agreement. Otherwise, depending on the circumstances, we will attempt to give you reasonable notice of our decision to terminate this Agreement, but that may not be possible in all cases and we cannot guarantee you that we will give you notice. Regardless of how this Agreement is terminated, when it is terminated you must surrender your Card as soon as possible.
Indemnification. You agree to defend, indemnify and hold us, and our officers, directors, shareholders, employees, agents and representatives harmless from any claim, action, demand, loss, damage or liability (including attorneys’ fees and costs) made or incurred by any third party arising out of or relating to your use of the Program services.
No Assignment. You may not assign or transfer any rights or obligations you may have under this Agreement to any third party without our prior written consent. We reserve the right to assign or transfer this Agreement or any right or obligation under this Agreement without your consent.
LIMITATIONS and PROGRAM FEES OPERATOR CARD
Program Fees and Charges as of January 1st, 2013
Monthly Inactivity Fee (12 months after last transaction): $4.00 (USD)
Limitations. Maximum card balance is $200.00 (USD)
Call Center: 800-890-1387
Connectivity Services, LLC
324 South Elm St, Suite 400
Greensboro, NC 27401