Target Prepaid REDcard® by American Express® User Agreement
- Use of the Service
- Sending Money, Making Payments and Use of Card at Allpoint® Network ATMs
- Receiving Money and Funding Your Account
- Prepaid REDcard Benefits
- Account Balances
- Closing Your Account
- Restricted Activities and Negative Balance
- Your Liability
- Erroneous Transactions or Questions About Transactions
- Unauthorized Transactions
- Our Rights & Liabilities
- Disclaimer of Warranties; Limitation of Liability
- Transaction History, Notices & Communications
- Confidentiality and Disclosure of Information
- Agreement to Arbitrate Disputes
- Additional Plans and Services
Target Prepaid REDcard® by American Express® User Agreement
Last Modified: September 10, 2017
This Target Prepaid REDcard® by American Express® User Agreement ("Agreement") contains the terms and conditions that apply to your use of the Service (as defined below). It is a contract between you and us, and by registering for or being authorized to use the Service you agree to be bound by the terms and conditions of this Agreement (including all agreements and policies referenced in this Agreement or otherwise applicable to use of specific features of the Service which are required to be agreed to and accepted before use of such specific features). If you do not agree to the terms and conditions of this Agreement (including all agreements and policies referenced in this Agreement or otherwise applicable to use of specific features of the Service which are required to be agreed to and accepted before use of such specific features), you may not use or access the Service.
Read this Agreement (and any future amendments) carefully and print and retain a copy for your records.
In addition to certain capitalized terms defined throughout this Agreement, the defined terms set forth in Section 21 shall apply to this Agreement.
We may change the terms of, or add new terms to, this Agreement at any time, with or without cause, and without giving you notice, subject to Applicable Law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with the Service at our sole discretion at any time, with or without cause, and without giving you notice, subject to Applicable Law. We reserve the right, subject to Applicable Law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated Agreement on the Prepaid REDcard website, currently located at www.Target.com/prepaidredcard (the "Prepaid REDcard Site") or delivering notice of changes to you electronically to the e-mail address you have provided for your Account if you have given us consent to do so.
IMPORTANT INFORMATION ABOUT OPENING A NEW PREPAID REDCARD ACCOUNT
To help the U.S. Government fight terrorism and money laundering, Federal law requires us to obtain, verify and record information that identifies each person who opens an Account. What this means for you: when you complete registration for an Account, we will ask you to confirm or otherwise provide your name, a street address, date of birth, and an identification number, such as a Social Security number, that Federal law requires us to obtain. We may also ask to see your driver's license or other identifying documents that will allow us to identify you. We appreciate your understanding and cooperation.
1. Use of the Service.
a. Our role as Service Provider.
The Service allows you to establish an Account to facilitate payment transactions using electronic payment networks and certain other electronic methods. Individuals may also receive a Card which may be used to conduct certain transactions through the Service after the Card is activated. Where a Sub-Account has been opened, certain transactions may also be conducted through the Sub-Account or a Sub-Account Card, and where a Reserve has been opened, certain transactions may also be conducted by the Accountholder using a Reserve. When you use the Service, you are authorizing us to act as your agent only with respect to holding, sending, or receiving funds. For all other purposes of this Agreement, we are an independent contractor.
b. Liability for Goods or Services Paid for Using the Service.
Except as required by Applicable Law, we are not responsible for and do not have any liability for any goods or services purchased or paid for through the Service, including if a product or a service you purchased is unsafe, is not delivered, breaks, is different than as represented, or otherwise does not meet your needs or expectations. If a problem arises with the product or service you purchased from a third party (e.g., a merchant), or if another User does not send funds you requested or are owed, you need to resolve your issue directly with the third party or other User.
Please note that eligible purchases made with your Account may be protected against accidental damage or theft for up to 90 days from the date of purchase. Please refer to the Purchase Protection♦ benefit described in Section 22.b.
c. Returning Merchandise.
If you wish to return any merchandise purchased with an Account, Card, Sub-Account or Sub-Account Card, you will be subject to the merchant's return policies. If the merchant agrees to issue a credit to the Account, Card, Sub-Account or Sub-Account Card, such funds may not be available for use for seven (7) days or longer. If you return merchandise that, when originally purchased, was subject to an offer or other promotion that resulted in a credit to your Account, any return of such merchandise will result in the credit being deducted from your Account.
d. Service Content.
Articles, guides, comments, videos and any other materials or content made available via the Service ("Service Content") do not reflect our opinions or analysis or those of our Affiliates or our content providers. You may not copy, modify, re-publish, transmit, or distribute the Service Content. We and our content providers are not responsible or liable for, and do not validate, endorse or make any representations about the accuracy, completeness, legality, or reliability of any information, opinions, assertions or statements expressed in any Service Content. Service Content is provided for informational and entertainment purposes only and does not, and should not be relied upon to, replace the advice of your own professional legal, tax and financial advisors. Any reliance on the Service Content is at your own risk. Under no circumstances will we, our Affiliates or our content providers be responsible for any loss or damage resulting from your reliance on Service Content. Service Content is provided "AS-IS" and we and our content providers expressly disclaim all warranties, express or implied (including, without limitation, fitness for a particular purpose or non-infringement) with respect to Service Content.
You must be at least eighteen (18) years of age (or nineteen (19) years of age if you reside in a state where the age of majority is nineteen (19)), reside in the U.S or Puerto Rico, and not be a business in order to register for the Service and open an Account under this Agreement. As described in Section 7 below, under certain circumstances Sub-Account Users may qualify for a Sub-Account if they are thirteen (13) years of age or older. The Accounts covered by this Agreement are intended for consumer use only.
a. Establishing an Account.
To open an Account, you must, after acquiring a Prepaid REDcard Temporary Card at a Target® store, register for the Service and establish an Account online at www.Target.com/prepaidredcard (the "Prepaid REDcard Site"). Individuals who establish an Account and satisfy the necessary verification requirements, including email verification, will be sent a Card linked to the Account, which can be activated by contacting us as instructed on the Card and providing the required information or by logging in to your Account at the Prepaid REDcard Site. Until you verify your e-mail address and activate the Card linked to your Account, your Account privileges will be limited. Transactions conducted using a Card will be funded from the linked Account or as otherwise provided in this Agreement. If a Sub-Account is established by an Accountholder, the Sub-Account User will be issued a Sub-Account Card, which will also require activation. Transactions conducted using a Sub-Account or Sub-Account Card will be funded from the Main Accountholder's Account or as otherwise provided in this Agreement. You may only have one Account or Sub-Account, and although you may associate more than one of your email addresses with such Account or Sub-Account, one email address will be treated as primary and any additional email addresses will be treated as secondary.
b. Personal Identification Number and Password.
When you register for the Service, you will select a personal identification number ("PIN") that may be required to be used to access the Service and authorize transactions, as well as a password and a security question and answer. You must keep your PIN and password confidential and not disclose them to others. You should not write or keep your PIN or password with information regarding your Account or Card, or if you have a Sub-Account, you should not write or keep your PIN or password with information regarding your Sub-Account or Sub-Account Card.
WARNING: If you believe that anyone has accessed your PIN or password without your authorization, you should INFORM US IMMEDIATELY and change your PIN and/or password immediately to avoid unauthorized use of your Account or Sub-Account, Card or Sub-Account Card. Follow the procedures set forth in Section 14 to do so. If you lose or cannot remember your PIN, you will need to change it online on the Prepaid REDcard Site.
c. Verification Requests.
You agree to cooperate with all requests made by us, or third parties on our behalf, to identify you, authenticate your identity, validate your funding sources, verify your wireless telephone number and account, and verify your transactions. To the extent allowed by Applicable Law, you agree that we may make or obtain any credit, employment and investigative inquiries or reports as we deem appropriate in connection with the opening, issuance, funding, loading, reloading, review, suspension or termination of your Account, Card, Sub-Account or Sub-Account Card, or any applicant to be a User or Sub-Account User. These inquiries may include inquiries to credit reporting agencies, check databases, or other consumer reporting agencies.
d. Email Verification and Card Activation.
After you register for the Service, you must verify your email address by clicking on the link in the email you receive from us. If you do not successfully verify your email address, your Account privileges will be limited and, for example, you will not be able to send, request or receive payments through the Service, accept funds sent to you by another User, transfer funds to a Sub-Account to the extent we allow you to do so, or receive a Card or, if applicable, Sub-Account Card. In addition, until you activate the Card linked to your Account, your Account privileges will be limited. In particular, until you activate your Card, you will not be able to load or add money to your Account by Direct Deposit or using a debit card or ACH funding source and we may restrict your ability to add money using certain other funding sources.
e. Authorized Users.
You will be liable for all transactions and fees arising from any use of the Service and any use of your Account (including your Reserve), Card, and, as applicable, linked Sub-Account or Sub-Account Card(s) by an Authorized User.
If you permit another person to use your Account, your Card, a linked Sub-Account, or Sub-Account Card, or withdraw money from or send money to your Account or, as applicable, a Sub-Account, you will be responsible for any transactions made and any fees incurred by such person. You will be liable for these transactions and fees even if the person that you permitted to use your Account, Card, and, as applicable, linked Sub-Account or Sub-Account Card(s), exceeds the scope of the authority that you gave (such as if you authorized the person to make one small purchase, but the person disregarded your instructions and made a number of large purchases).
You should permit a person to use your Account, Card, and, as applicable, linked Sub-Account or Sub-Account Card only if you trust that person to honor your instructions and limitations. If you have given a Card or Account or, as applicable, linked Sub-Account or Sub-Account Card information to a person that you no longer trust, you must notify us immediately to close the Account or, as applicable, linked Sub-Account or Sub-Account Card.
Each individual may only register for one Account and therefore receive one Card.
A Card or Sub-Account Card is not a payroll card and cannot be used to pay wages, compensation (including bonuses or incentive payments), or benefits to anyone.
We may allow you to use the Card or Sub-Account Card (if properly authorized) to obtain cash from participating Allpoint® network ATMs in the U.S., including Allpoint network ATMs located at Target Stores in the U.S. (ATM functionality is not available outside the Allpoint ATM network) or for point of sale or online payment for goods and services at retailers and other merchants in the U.S. that accept Cards, subject to the terms and conditions of this Agreement and the amount of Available Funds in an Account, the availability of Back-Up Funding as described in Section 5(c), or as applicable, the amount of Available Funds in a Sub-Account. This includes mail order and brick and mortar establishments.
If we make this functionality available on your Account, your Card may be used for point of sale, online, or mail-order payment for goods and services at retailers and other merchants outside of the United States that accept Cards.
International access is not available to Accountholders who are Vermont residents.
Your Card cannot be used to obtain cash from ATMs outside of the United States; you can only obtain cash at Allpoint network ATMs in the United States.
Online transactions conducted directly on the Prepaid REDcard Site must be done using your log in credentials for your Account or Sub-Account; such transactions may not be conducted using a Card or a Sub-Account Card.
Cards and Sub-Account Cards may not be used for any type of illegal activity or prohibited sale or gambling or as otherwise prohibited by this Agreement, and you agree not to engage in any such illegal or prohibited activity when you use (or allow others to use) your Account, Card and/or Sub-Account Card. See also Section 11 for a list of representative restricted activities which are prohibited under this Agreement.
We reserve the right to change the amount of your Card or Sub-Account Card transaction limits in our sole discretion and will give you notice of such changes in accordance with Applicable Law. NEITHER THE CARD NOR THE SUB-ACCOUNT CARD IS A CREDIT CARD, CHARGE CARD, DEBIT CARD LINKED TO A DEMAND DEPOSIT ACCOUNT, OR GIFT CARD AND CANNOT BE REDEEMED FOR CASH, EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS OTHERWISE PERMITTED BY THIS AGREEMENT.
We will send an Accountholder a Card after registration for an Account and your submission and our receipt and verification of the information required for this Account feature. An Accountholder may also request information about a Card by calling Customer Service.
Cards and Sub-Account Cards must be activated before use. The PIN set during your Account registration will apply to any Card you receive. For Sub-Account Cards, unless the Accountholder who opened the Sub-Account ("Main Accountholder") blocked the Sub-Account Card's cash access or other relevant features, or we impose other limitations on the use of the Sub-Account, you may use your Sub-Account Card and PIN to obtain cash access at participating Allpoint-network ATMs in the U.S. (your Sub-Account Card cannot be used to obtain cash from ATMs not part of the Allpoint network of ATMs in the U.S.).
Do not write or keep your PIN with your Card or Sub-Account Card. If you believe your PIN has been compromised, or you otherwise need to request a change in your PIN, please immediately call Customer Service. To get cash, use the "withdrawal from checking" option at a participating Allpoint-network ATM in the United States.
Other than as permitted by this Agreement, neither your Card nor Sub-Account Card is transferable and you agree not to permit any other person to use your Card or Sub-Account Card. You must notify us to revoke permission for any person previously authorized to use your Card or Sub-Account Card. If you tell us to revoke your permission for another person to use your Card or Sub-Account Card, we may cancel the Card or Sub-Account Card issued to that person and issue you a new Card or Sub-Account Card with a different number, or take other actions in accordance with this Agreement. You are wholly responsible for the authorized use of each Card and Sub-Account Card linked to your Account or Sub-Account in accordance with this Agreement. Unless Applicable Law provides otherwise, you will be responsible for any use by a person who you authorized to use the Card or Sub-Account Card, even if that person does not honor your instructions or disregards any limits on use that you communicated to that person. The Accountholder or Sub-Accountholder must sign his/her signature on the back of his/her Card or Sub-Account Card, where indicated.
Where applicable, present the Card or, as applicable, Sub-Account Card to the merchant at the time of payment. You may be required to enter your PIN or sign a receipt to complete a transaction, Sign any receipt with the same signature you used when you signed the back of the Card or Sub-Account Card. You agree to use the Card or the Sub-Account Card only at merchants in accordance with the terms and conditions of this Agreement and only for lawful purposes.
Depending upon the merchant's policy, you may be able to use your Card or Sub-Account Card with another form of payment, such as cash, check or another card, to make a purchase. This is known as a "Split Tender Transaction." Where you want to make a purchase using a Split Tender Transaction, ask the cashier whether another form of payment will be accepted for the portion of the purchase for which you do not want to use your Card or Sub-Account Card. If the cashier indicates a Split Tender Transaction can be done, first provide the cashier with the second form of payment to cover the portion of the purchase you inform the cashier you want paid from a different source, conduct that transaction, and then provide the cashier with the Card or Sub-Account Card and advise the cashier of the amount of the payment to be covered by such Card or Sub-Account Card. Some merchants may only allow you to use cash or check, but not another card, as the second form of payment. Some merchants do not permit a second form of payment at all (Target does not accept Split Tender Transactions at www.Target.com). We do not guarantee that a merchant will permit a Split Tender Transaction.
Please note that the Card or Sub-Account Card has a "valid thru" date on it. This "valid thru" date is the date through which your physical plastic Card may be used, and is required to process purchases at merchants that require an expiration date for Card or Sub-Account Card payments. Even if the "valid thru" date has passed on your Card or Sub-Account Card, remember that the Available Funds in your Account or Sub-Account remain unchanged and intact after such expiration. You may not use the Card or Sub-Account Card after the "valid thru" date on the Card or Sub-Account Card has expired. You should receive a replacement Card or Sub-Account Card from us before your old Card's or Sub-Account Card's "valid thru" date passes. Once you receive your new Card or Sub-Account Card, you should cut the old Card or Sub-Account Card in half and throw it away. You can start using your new Card or Sub-Account Card for permitted transactions and purchases as soon as you receive it in the mail and it is activated. If you do not receive a replacement Card in a timely manner, please call Customer Service.
g. Paying Bills Service.
Accountholders may use our bill payment service ("Pay Bills") to make one-time payments from their Account to companies or individuals that the User selects ("Payees"), subject to the terms and conditions of this Agreement and the terms and conditions applicable to Pay Bills set forth at the Prepaid REDcard Site.
Pay Bills can be accessed online at the Prepaid REDcard Site. The payment amount for each Pay Bills transaction requested by the Accountholder will be debited from his or her Account immediately upon submission of the Pay Bills request.
Payments to Payees will be sent either by means of an (i) Automated Clearing House ("ACH") or other electronic payment transaction or (ii) a check drawn on our account or the account of our vendor and delivered via mail or courier (the service pursuant to which Pay Bills payments to Payee via check is referred to herein as our "Mail a Check" service). Payments will be processed and sent via ACH or mail/courier not later than the second business day after request. Payments will be processed and sent via ACH or mail/courier not later than the second business day after request. Payments via ACH will generally be credited on the next business day after processing. The actual delivery date of payments sent via check will depend on the mail/courier and is outside of our control. If a Payee fails to negotiate the check within 90 days, we will stop payment on the check and recredit the Account for the amount of the payment. If a check is returned to us prior to the end of the 90-day period, we will stop payment on the check and recredit the Account.
Sub-Account Users are not currently eligible to use the Pay Bills service.
Payments via the Pay Bills Service to Payees that are not listed on the pre-populated list displayed online at the Prepaid REDcard Site are limited, in the aggregate to all such Payees, to $5,000 per calendar month, including a Mail a Check payments.
Tax payments, court-ordered payments, securities transactions, loan-payoff amounts, timeshare payments and insurance payments may be scheduled through Pay Bills; however, such payments are discouraged and must be scheduled at your own risk. In no event shall we be liable for any claims or damages resulting from the scheduling of these types of payments. THE PAY BILLS GUARANTEE DOES NOT APPLY TO ANY OF THESE TYPES OF PAYMENTS. We have no obligation to research or resolve any claim resulting from these types of payments. All research and resolution for any misapplied or misdirected payments of these types will be your sole responsibility.
To assure timely payment of your bills, the Accountholder must submit Pay Bills transaction requests and the Account must have requisite Available Funds and be in good standing at least six (6) business days before the date payment is required to be made.
Prior to the cut-off time established by us with respect to each Payee (the "Cut-Off Time" in respect of such Payee), the Accountholder may cancel a Pay Bills bill payment to a Payee by logging into the Accountholder's Account, clicking on the "Pay Bills" link under Pay and Transfer, click on View Activity for your payee and then click on Edit or Stop payment. After the Cut-Off Time, the Accountholder may stop payment on bill payments sent via check (but not bill payments sent via an electronic payment transaction) at any time prior to a Payee's deposit of such check with their bank by calling Customer Service. We may charge you (and you authorize us to collect) a "stop payment" fee in connection with each bill payment that you stop. Prior to the applicable Cut-Off Time with respect to a scheduled payment to a Payee, "Edit Payment" and "Cancel Transaction" tabs will be displayed online next to the scheduled payment.
Pay Bills transaction requests can only be submitted for immediate processing. We shall have no liability in the event we cannot complete a Pay Bills transaction due to insufficient funds in the Account or the payment to the Payee being blocked for any reason.
We reserve the right, subject to Applicable Law, to change the amount of your Pay Bills transaction limits, limit, block or place a hold on certain types of transfers or transactions, limit, suspend or block transfers to particular persons, entities or recipients and/or suspend your access to the Pay Bills service, in our sole discretion.
Pay Bills Guarantee
We will bear responsibility for any late payment-related charges (up to a maximum of $50 per transaction) should a Pay Bills bill payment arrive after its due date, as long as the User requested and scheduled the payment on the Pay Bills service at least six (6) business days prior to its due date and otherwise complied with the guidelines set forth at the Prepaid REDcard Site pertaining to Pay Bills and the terms of this subsection g.
Please note that due to circumstances beyond our control, particularly delays in the handling and posting of payments by Payees, some Pay Bills transactions may take longer to be credited by your Payee as "paid," and may be credited as "paid" after the "Arrival" date set forth in your Pay Bills transaction request confirmation. Our Pay Bills Guarantee does not cover input errors made by you or your Payees or charges related to your failure to initiate payments through the Pay Bills service at least six (6) business days prior to their due date. We cannot guaranty that check billers will accept or properly process payments from us. For example, when we mail a check, we provide the biller only your name, the account number you provided, and the information contained in the "memo" field you completed. If the biller needs more information than that (for example, if you did not provide a complete or correct account number), then your payment might not be properly applied. Please be aware that the information that you add to the "memo" field of Pay Bills is not read by us and cannot contain special payment instructions to us.
i. Accuracy of Information.
You are responsible for the accuracy of all information you provide in connection with each Pay Bills transaction you initiate, including the identifying information of the recipient and the amount of the transaction.
4. Sending Money, Making Payments and Use of Card at Allpoint® Network ATMs.
a. Send Money Transaction Limits.
You may use the Service to send money or make a payment to another User, to a Sub-Account connected to your Account, or to a third-party ("Send Money"), subject to the Send Money transaction limits we set for your Account (or, as applicable, we or the Main Accountholder set for a Sub-Account), payment of any fees that may apply to your transaction, and the terms and conditions of this Agreement.
We reserve the right, subject to Applicable Law, to change the amount of your Send Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions, and/or limit, suspend or block your transfers to particular persons, entities or recipients in our sole discretion.
Each time you initiate or accept a transfer through the Service, you authorize us to debit or credit the relevant accounts on your behalf in accordance with your instructions and the terms and conditions of this Agreement. Your authorization permits us to complete the transfer (including deducting any applicable fees), to correct any errors in the transfer, and, in our sole discretion, to resubmit any transfer that is rejected by a financial institution that holds the linked Payment Funding Source(s), to the extent permitted by Applicable Law. You also authorize us to debit your Account, or as applicable, Sub-Account, Reserve, or any of your linked Payment Funding Sources, if another User did not actually have sufficient good funds to pay for a transfer that was credited to you. All transfers must comply with Applicable Law.
c. Use of Card at Allpoint® Network ATMs.
Subject to the amount of Available Funds in your Account or Sub-Account (and, in the case of a Sub-Account Card, unless the Main Accountholder blocks the Sub-Account Card's cash access or other relevant features or we impose other limitations on the use of the Sub-Account), you may use your Card or Sub-Account Card exclusively at ATMs within the United States that are part of the Allpoint® ATM network, including the Allpoint network ATMs at Target stores in the U.S. (go to www.allpointnetwork.com for an Allpoint network ATM Locator). Please note that international ATM access is not available to Accountholders, nor is access to ATMs outside of the Allpoint ATM network. ATM withdrawals are subject to the limits set forth in Sections 8.a and 15.a.
When you register for the Service, you will set a PIN for your Card. The Card and PIN will be required to access cash at participating ATMs. You should not write or keep your PIN with information regarding your Account or Card (or Sub-Account or Sub-Account Card, as applicable). If you believe your PIN has been compromised, or you otherwise need to request a change in your PIN, please immediately contact Customer Service.
d. Refused and Returned Transactions.
In the event an intended recipient refuses or fails to accept your Send Money transaction, you agree that you will not hold us liable for any damages resulting from such refusal or failure.Send Money transactions, unless earlier cancelled by you in accordance with the terms and conditions of this Agreement, are available for acceptance by the recipient for thirty (30) days. We will promptly return to your Available Funds any Send Money transaction that has not been accepted by the recipient within thirty (30) days after the date you initiated the Send Money transaction. Notwithstanding the foregoing, in the event the recipient earlier informs us they are rejecting your Send Money transaction, we will return such amount to your Available Funds within three (3) business days. Once a Send Money transaction is accepted by a recipient, you do not have the ability to cancel the transaction nor have the funds returned to you.
e. Send Money Transactions to Non-Registered Users.
When you initiate a Send Money transaction using the Service to a person who is not a registered User, provided the person to whom you are trying to Send Money has not opted out of receiving email communications from us, we will attempt to notify the person via email about the process to become a registered User and accept the funds. If the person becomes a registered User and accepts the Send Money transaction within thirty (30) days after you initiate the transaction, then the funds will be transferred to the person’s Account or, as applicable, Sub-Account, and made available to the person in accordance with the terms and conditions of this Agreement. If the person does not become a registered User and accept the Send Money transaction within such thirty (30) day period, or if you cancel the transaction before the person becomes a registered User, we will return the funds to your Available Funds within three (3) business days after any such event.
f. Pre-Authorization Holds and Processing Delays.
When you make a payment to a merchant using your Account, Card, Sub-Account or Sub-Account Card, you are providing that merchant with an authorization to process your payment and to complete your transaction. In certain instances, the payment processing may not occur immediately, and your payment will be "pending" during this time period.
In addition, when you make a payment to certain merchants for goods or services (typically gas stations, restaurants, rental car agencies, hotels, cruise lines and similar merchants), we or the merchant may request an authorization for the amount of your anticipated transaction in advance and may estimate the final value of the transaction, which may be more than the amount of the actual transaction. For example, a restaurant may request an authorization for the estimated dining bill and for a tip. In such an event, we will place a temporary "hold" on the funds in your Account or Sub-Account for an estimated amount indicated by us or the merchant at the time the transaction is authorized, plus any applicable fees, and will release any temporarily-held funds in excess of the amount of the actual transaction, typically not later than the seventh (7th) day after the transaction, in the case of most merchant transactions, and typically not later than the thirtieth (30th) day after the transaction, in the case of transactions with rental car agencies. Until released, the funds subject to the hold will not be available to you for other purposes.
g. Accuracy of Information.
You are responsible for the accuracy of all information you provide about each Send Money transaction you initiate, including the identifying information of the recipient and the amount of the transaction.
5. Receiving Money and Funding Your Account.
a. Receive Money Transaction Limits.
You may use the Service to receive funds from another User or a Sub-Account connected to your Account ("Receive Money"), subject to the Receive Money transaction limits we set for your Account (or, where applicable, we or the Main Accountholder set for your Sub-Account), subject to payment of any fees that may apply to your transaction and the terms and conditions of this Agreement.
To the extent allowed by Applicable Law, we reserve the right to change the amount of your Receive Money transaction limits, limit, block, or place a hold on certain types of transfers or transactions and limit, suspend or block transfers from particular persons or entities or other Users in our sole discretion.
Please note: The aggregate amount of funds that may be added to an Account and linked Sub-Accounts from all Payment Funding Sources, inclusive of Direct Deposit, may not exceed $100,000 per calendar year. The Total Balance of your Account and linked Sub-Accounts may not exceed $100,000 at any time.
b. Payment Funding Sources for Adding Funds to an Account.
You may load funds to your Account from any of the following sources (each, a "Payment Funding Source"): You may link one (1) debit card issued in your name and, prior to October 28, 2015, you may link one (1) Bank Account (as defined below) issued in your name. We reserve the right, in our sole discretion at any time, to limit or change the number or type of Payment Funding Sources an individual may link to an Account. You may not load funds to your Account from any source that we do not expressly permit in this Agreement. In the event you link or add funds from a Payment Funding Source that is not in compliance with these terms, we reserve the right in our sole discretion to limit, block, or place a hold on certain transactions or transfers and/or close your Account.
Please note: a Bank Account is only available as a Payment Funding Source to Users who have linked their Bank Account prior to October 28, 2015. However, depending on your bank’s policies and terms, you may be able to load funds to your Account from your checking or savings account by initiating a transfer from your bank account into your Serve Account. Consult with your bank for bank origination fees that may apply.
(1) Bank Account.
i. ACH Authorization and Agreement: If, prior to October 28, 2015, you have linked an eligible checking or savings account held by you at a U.S. financial institution ("Bank Account") to your Account, you may add funds to your Account by transferring funds from your linked Bank Account to your Account by means of an Automated Clearing House ("ACH") transaction. By linking a Bank Account, you represent that you are the owner of the Bank Account and, if there are additional owners, you are authorized by them to withdraw or add funds and take all other actions required or permitted by this Agreement. If you choose to link a Bank Account, please note that the financial institution holding the Bank Account will have limits on transactions that may be performed using a savings account. You should review your account agreement with the bank that holds your Bank Account to determine any applicable limitations it will impose on the use of your Bank Account.
By supplying your Bank Account number(s) to us via the Prepaid REDcard Site in connection with your election to make payments on, or load funds to, your Account through a Bank Account, you provide this ACH authorization and agreement ("ACH Authorization and Agreement") and certify and agree as follows: (i) you are the owner of the Bank Account(s) whose number(s) you have supplied and designated as a Payment Funding Source for your Account, such Bank Account(s) is/are a consumer account(s) and you are authorized to make withdrawals from it/them and credits to it/them without the approval or participation of anyone else; and (ii) you authorize us to initiate credit or debit entries to your Bank Account(s) from time to time until your Account is closed and no further credits or debits are authorized or permitted under this.
You acknowledge and agree that (i) the origination of ACH transactions to and from your Account must comply with the provisions of Applicable Law, and (ii) you will receive at the primary email address of record you have provided via the Prepaid REDcard Site any required notices of variations in the amount or timing of debits or credits to your linked Bank Account(s).
Our ACH Authorization and Agreement is a continuing one that will remain in full force and effect until you cancel this ACH Authorization and Agreement by removing your linked Bank Account(s) by logging into your Account and clicking on "My Account" and then going to "Funding and Transfers" on the Prepaid REDcard Site or by calling Customer Service. You agree to do so in time for us to have a reasonable opportunity to act on your cancellation and you understand that you may only give notice of cancellation of this ACH Authorization and Agreement by removing your linked Bank Account(s) and that failure to do so will void your notice of cancellation.
You understand that, to the extent permitted by Applicable Law, you will be deemed to have signed this ACH Authorization and Agreement by entering your Bank Account number(s) on the Prepaid REDcard Site as a symbol of your signature. You authorize us to date this ACH Authorization and Agreement as of the date you submit your Bank Account number(s) and you agree to print and save a copy of this ACH Authorization and Agreement.
ii. Account Verification: When you provide us with your Bank Account information, we may verify your authority and/or access to the Bank Account you identify. To do so, we will make two small deposits to the Bank Account you chose to link. After receiving these deposits, you will need to log into your Account and verify the amounts of these deposits.
Note: It may take one (1) to five (5) business days for funds added from your Bank Account to be available in your Account. We will credit your Account with an ACH pre-authorized deposit on the business day we receive the payment.
(2) Debit Card.
You may also add funds to your Account by linking a valid debit card (including debit/payroll card) issued in your name. The debit card you link must be issued by a U.S. financial institution or entity. In addition, you may only link a debit card that has not already been linked to another User's or Service user's Account.
Subject to the terms and conditions of this Agreement and applicable limitations imposed by us or Applicable Law, when you have linked a debit card as a Payment Funding Source for Back-Up Funding, we will charge your linked debit card in the event a transaction exceeds the Available Funds in your Account. For example, if you are trying to purchase a $20 item from a merchant using your Card, but you only have $10 in Available Funds in your Account, and you have chosen to enable Back-Up Funding, we will charge your debit card for the amount needed to fund the difference ($10) and any applicable fees; if the debit card transaction is authorized by the debit card issuer or its service provider and the funds qualify as Available Funds, the additional funds will be placed in your Account, so that you may have sufficient funds to pay for the $20 purchase at the merchant location and any applicable fees. Such load to your Account may (but we do not guarantee) take place at or near the time you initiate a transaction for which you do not have sufficient Available Funds
We may take actions to authenticate your identity or authority to use the debit card(s) you identify as Payment Funding Sources at any time. We are not responsible if linking and conducting a transaction from a debit card to your Account results in an overdraft, over-limit, over-credit line, non-sufficient funds, or any other fee(s) or charge(s) associated with such transaction that may be charged by the financial institution or entity that issues you that debit card. In addition, if you improperly enter any card information and/or card type when linking a Payment Funding Source to your Account, we reserve the right to remove and block such Payment Funding Source from the Service and/or your Account at any time without prior notice to you.
You agree NOT to transfer funds from your Account to a linked debit card; for example, you may not transfer funds from your Account to pay for an outstanding debit card overdraft.
(3) Direct Deposit.
You may arrange to have all or part of your paycheck or any Federal or state government benefit or payment (e.g., Federal tax refunds or social security payments) transferred directly to your Account by your employer or relevant government payer. To enroll, you must activate the Card linked to your Account and then you will need to provide your employer with the direct deposit enrollment form available on the Prepaid REDcard Site or any alternate or additional form requested by your employer. In the case of government payments, you will need to provide the account and routing numbers on our Direct Deposit form to the government payer, Funds transferred via direct deposit generally will be available on the availability date specified by the payer, and you may review your periodic statements or transaction history on the Prepaid REDcard Site or call Customer Service to verify that each direct deposit has been received. We reserve the right to accept, reject or limit transfers via direct deposit in our sole discretion. If you wish to cancel direct deposits, you must contact your employer.
Please note: To assist in the prevention of fraud in connection with tax refunds, we require that (i) the name and social security number associated with each refund payment must match the name and social security number associated with your Account; (ii) no more than two (2) tax refunds may be added to an Account via Direct Deposit per calendar year; and (iii) in the case of joint tax returns, the first name and social security number associated with the refund payment must be the name and social security number of the Accountholder.
To assist in the prevention of fraud in connection with non-tax refunds, we require that the name or social security number associated with each Direct Deposit match the name or social security number associated with your Account.
To avoid disruption of your direct deposits, please ensure that the aggregate Add Money transaction and Total Balance limits of the Account are not exceeded.
We do not charge any fees to set up or maintain direct deposit.
(4) Cash Funding Sources.
You may add funds to your Account by (i) presenting cash (US currency only) or other accepted tender and your Card at participating Target stores in the U.S. or (ii) using other cash funding sources and methods accepted by us from time to time (collectively, "Cash Funding Sources").
To add funds to your Account with cash or other accepted tender at a participating Target store in the U.S., present your activated Card and the amount of cash or other accepted tender you want to add to your Account to the cashier. To find a participating Target location, visit the Prepaid REDcard Site. Cash loads are subject to your Account transaction limits and such other restrictions we may add to this feature from time to time.
We reserve the right to delay the availability of funds added to your Account from any Cash Funding Source until such funds have cleared and posted to your Account, although such funds will generally post within thirty (30) minutes of the funding transaction. We and participating Target stores in the U.S. may change accepted tender types and funding methods for the Account at any time for legal, risk management, security or other purposes. In addition, your ability to add funds from any Cash Funding Source is also subject to the transaction limits on your Account related to adding funds (visit the Prepaid REDcard Site or contact us to find out what those transaction limits are).
Please note: Cash Funding Sources are services and products provided by third parties. Even though we allow the use of these Cash Funding Sources to add money to your Account, we do not provide these services or products and are not responsible for any service issues that arise with them. Use of a Cash Funding Source is subject to the terms and conditions established by the provider of the Cash Funding Source.
When you attempt to add money to your Account via a Cash Funding Source, we will notify you via e-mail when the transaction is completed successfully. You may also view any approved transactions by logging into your Account on the Prepaid REDcard Site.
c. Backup Funding.
All point-of-sale and online purchase or payment transactions using the Service will debit funds from your Available Funds in your Account. If you do not have sufficient Available Funds to cover the full amount of the transaction but have activated the “Backup Funding” feature of your Account, we will attempt to add funds to your Account from the linked debit card you elected as a Payment Funding Source for Backup Funding (the “Backup Funding Source”) and then complete your transaction. This process is known as “Backup Funding.”. If such load is successful, then the transaction may be able to be successfully completed. Although we will attempt to do such loads where you have chosen Backup Funding, it is possible the transaction will still be declined, and you agree we have no responsibility in the event the transaction is declined where you did not have sufficient Available Funds in the Account to cover the transaction and any applicable fees at the time you initiated the transaction.
IMPORTANT: To enable Backup Funding, you must affirmatively activate this feature when linking your debit card as a Payment Funding Source. Backup Funding is conducted for point-of-sale and online purchase or payment transactions only, and not for any other Account transactions, by debiting or charging, as applicable, funds from Backup Funding Source, subject to availability of funds and the permissions you set (such as the dollar limit you may set for this type of action or as otherwise provided in this Agreement.
If you do not wish to have Backup Funding functionality on your Account, at the time you link a debit card as a Payment Funding Source to your Account, when prompted, you should decline the Backup Funding option.
Backup Funding functionality is not available for Subaccounts.
d. Recurring Payments to Your Account.
Subject to the Receive Money transaction limits on your Account and the terms and conditions in this Agreement, you may pre-authorize recurring transfers to your Account from a linked Debit Card. If you linked a Bank Account to your Account prior to October 28, 2015, you may additionally pre-authorize recurring payments to your Account from your linked Bank Account. Pre-authorized recurring transfers to your Account are subject to the following:
- If you instruct a third party to send pre-authorized transfers to your Account, the person or entity making the transfer should notify you if the transfer does not occur. You may also click on the "My Account" tab on the Prepaid REDcard Site, view your periodic account statement or call Customer Service to see if the funds have been transferred to your Account. Except as required by Applicable Law, funds transferred to your Account from a Payment Funding Source may not be immediately available and are subject to the restrictions and limitations set forth in this Agreement, including but not limited to, all applicable fees and transaction limits on your Account.
- You may establish automatic funding options on your Account. If you choose an automatic funding option, each time your Account balance reaches the threshold you set, we will automatically transfer funds (assuming there are available funds in the Payment Funding Source you select) in the amount you establish into your Account from the Payment Funding Source selected to perform this automatic funding function. Except as otherwise required by Applicable Law, funds transferred on the automatic funding option may not be immediately available and are subject to the restrictions and limitations set forth in this Agreement, including but not limited to, all applicable fees and transaction limits on your Account.
6. Prepaid REDcard Benefits.
As an Accountholder or authorized User, you are currently entitled to the Prepaid REDcard benefits listed below at and provided by Target ("Prepaid REDcard Benefits"). The Prepaid REDcard Benefits may be modified or discontinued by Target at any time. Please see program rules in-store at Target or at the Prepaid REDcard Website for the most current description and terms of the Prepaid REDcard Benefits available to Accountholders and authorized Users. Target reserves the right to discontinue or alter the terms of the Prepaid REDcard Benefits at any time.
- 5% REDcard Discount. When you use your Card or Account at Target stores in the U.S. or at www.Target.com, Target will provide you with 5% off your purchases. If you use a Card in the same purchase transaction with another form of payment, the 5% discount will apply only to the purchase amount tendered to your Card. The 5% discount applies to eligible purchases minus any other discounts and the value of any promotional Target gift cards received in the transaction. The 5% discount does not apply to the following:
- Prescriptions, clinic services at Target and Target Optical™ eye exams
- Target gift cards and prepaid cards
- Previous purchases
- Target credit account payments, Target Debit Card cash back and cash advances on the Target MasterCard
- Gift wrap and shipping and handling charges on Target.com purchases
- Wireless protection program purchases and deposits required by a mobile carrier
- Where otherwise prohibited by law
See program rules in-store at Target or at the Prepaid REDcard Website for the most-current description of eligible purchases.
Target reserves the right to discontinue or alter the terms of the 5% REDcard Discount program at any time.
- REDcard Free Shipping at www.Target.com. When you use your Card on www.www.Target.com, Target will provide you with free shipping on your www.Target.com purchases. Offer applies on standard shipping to all 50 states and the District of Columbia, as well as APO/FPO addresses and Puerto Rico. If you upgrade your shipping method, shipping fees will apply. This offer is not valid on previous orders, or where otherwise prohibited by law.
Target reserves the right to discontinue or alter the terms of the REDcard Free Shipping at www.Target.com program at any time.
- REDcard Extended Returns. When you make purchases with your Card or Account at Target stores in the U.S. or at www.Target.com, Target will provide you with 30 additional days to return the purchases beyond the standard return policy applicable to each of the purchased items. REDcard Extended Returns do not apply to the following:
- Target Mobile Purchases
- Purchases with a fixed return date
- Non-returnable items
Target reserves the right to discontinue or alter the terms of the REDcard Extended Returns program at any time.
The Service has a feature that offers the ability to have one or more sub-accounts (each a "Sub-Account") connected to your Account that you can control and transfer money into for use by Authorized Users who meet the eligibility requirements of this feature. To open and maintain a Sub-Account the Main Accountholder must have a linked and validated U.S. Bank Account or eligible linked debit card for the Account, and have provided his or her social security number if prompted to do so on the Prepaid REDcard Site.
Only a person with a valid Account in good standing (meaning, your Account is not presently subject to an open/pending investigation and you are not in violation of this Agreement or any other agreement we have with you) may open and maintain a Sub-Account and receive a Sub-Account Card linked to the Sub-Account.
By opening a Sub-Account, the Main Accountholder agrees to be fully liable and responsible for all Sub-Account User's transactions, actions, obligations, uses and liability related to the Sub-Account, any Sub-Account Card issued for a linked Sub-Account, the Sub-Account User's use of the Service at any websites, and all other obligations of the Sub-Account User related to the Sub-Account or the Sub-Account Card.
At present, a Main Accountholder may open up to a maximum of four (4) Sub-Accounts at any given time. There may be only one Sub-Account User for each Sub-Account. We reserve the right, in our sole discretion at any time, to limit the number of Sub Accounts an individual may have available to him or her with the Service.
A Sub-Account User must be an individual who is at least eighteen (18) years of age (or nineteen (19) years of age if he or she resides in a state where the age of majority is nineteen (19)), and reside in the U.S. A Main Accountholder may also open a Sub-Account for individuals between the age(s) of thirteen (13) and eighteen (18) (or nineteen (19) where applicable), where the Main Accountholder is that individual's parent or legal guardian or has the appropriate consent from that individual's parent or legal guardian, subject to the Main Accountholder's and Sub-Account User's meeting any eligibility requirements.
Sub-Accounts are subject to all of the terms and conditions of this Agreement and all limitations (including transaction limits) imposed by the Main Accountholder or us on the Sub-Account or on a Sub-Account Card.
All Sub-Account transactions count against the Main Accountholder's transaction limits as though the Main Accountholder conducted the transactions himself or herself. For example, if the Main Accountholder has a $500 per day ATM Withdrawal limit on his or her Account and the Sub-Account User withdraws $250 from an ATM during a day, additional ATM Withdrawals from the Main Accountholder's Account will be limited to $250 that day.
If the Sub-Account User or Sub-Account Card User violates this Agreement and allows someone else to use the Sub-Account or Sub-Account Card, then the Main Accountholder agrees that all transactions, actions, obligations, and uses of the Sub-Account or the Sub-Account Card done by that third person (including transactions, actions, or uses of the Sub-Account that exceed the authority granted to the third person by the Sub-Account User or Sub-Account Card User) will be deemed to be those of the Sub-Account User and that the Main Accountholder will be liable for those transactions as well. The Main Accountholder agrees to provide copies of all relevant agreements, consents and disclosures regarding the Service, including but not limited to copies of this Agreement and the Privacy Notice and Privacy Statement, to each Sub-Account User and Sub-Account Card User. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card.
The Main Accountholder sets a temporary password for the Sub-Account. When the Sub-Account User logs in for the first time with the temporary password, he or she will be prompted to select a PIN for the Sub-Account. The Sub-Account User can change his or her PIN and password on the Sub-Account he or she is authorized to use in accordance with our procedures. We may place a temporary hold on the Sub-Account, or suspend or terminate the Sub-Account if the password or PIN has been compromised or if the Sub-Account Card is lost or stolen. In the event the PIN or the Sub-Account Card becomes lost or stolen, the Sub-Account User or Main Accountholder should notify us immediately by calling Customer Service.
A Sub-Account User includes the person who is authorized to use the Sub-Account or linked Sub-Account Card. Each Sub-Account or linked Sub-Account Card shall be subject to the terms and conditions of this Agreement, as applicable, and any other terms and conditions applicable to Sub-Accounts or Sub-Account Cards. Please note that the Sub-Account Card cannot be activated or used and Sub-Account privileges will be limited until the Sub-Account User's email address is verified by clicking on the link in the email we send to the Sub-Account User.
The Sub-Account Card is for consumer use only, is not transferable, and the Sub-Account User may not permit any other person to use their Sub-Account Card. If the Main Accountholder tells us to revoke his or her permission for another person to use a linked Sub-Account or Sub-Account Card, we may suspend use of, lock or close the linked Sub-Account. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card.
Any Main Accountholder who authorizes a minor to use a Sub-Account or Sub-Account Card shall be the parent or legal guardian of the minor or have the current, valid consent of the parent or legal guardian of the minor to provide the minor with access to a Sub-Account or Sub-Account Card, as described further below. The Main Accountholder shall review all of the agreements, terms and conditions and fees contained in this Agreement and in all other applicable agreements, consents and disclosures with any such minor, and educate or instruct the minor regarding his or her use of the Sub-Account and any Sub-Account Card. The Main Accountholder agrees that we may rely on all uses of the Sub-Account and all acts taken with a Sub-Account Card by a minor, even if those acts or uses contravene the Main Accountholder's instructions to the minor. Except as otherwise required by Applicable Law, the Main Accountholder also acknowledges and agrees that this Agreement and all other applicable agreements, consents and disclosures, including without limitation the Privacy Notice and Privacy Statement, and any authorizations granted to us, apply to the minor's use of the Service, Sub-Account and any linked Sub-Account Card.
If you allow a minor to use a Sub-Account or Sub-Account Card but are not the minor's parent or legal guardian (e.g., you are the minor's grandparent or relative), you agree to obtain permission from the minor's parent or legal guardian so that the responsible person can have the above discussions with the minor and provide all of the above consents. You represent and agree that you have already done so or that you will do so before the minor first uses the Sub-Account or any linked Sub-Account Card, and that we may rely on your representation and agreement.
b. Representations and Warranties.
By opening, funding, loading, using or authorizing the use of a Sub-Account, the Main Accountholder represents and warrants (and if under the age of majority in his/her state of residence, his/her parent or legal guardian represents and warrants) that the information provided is true and correct and complete, that he or she is a resident of the United States; that the Sub-Account User is at least thirteen (13) years of age and that where the Sub-Account User is less than the age of majority in his or her state of residence his or her parent or legal guardian has consented to his or her access to a Sub-Account and Sub-Account Card.
Sub-Account features include, but are not limited to, the following:
(1) Adding Value. A Sub-Account can be funded only by a transfer of funds from the Main Accountholder's Account to the Sub-Account (as authorized by the Main Accountholder) All transactions made by the Sub-Account User, whether from the Sub-Account or a Sub-Account Card, must be funded from the Available Funds held in the Sub-Account. The Sub-Account may not have any linked bank account or debit card for funding purposes. There is no Back-Up Funding feature for Sub-Accounts. All funds in the Sub-Account are at all times owned by the Main Accountholder. If a Sub-Account User attempts to conduct a transaction in an amount greater than (a) the Available Funds in the Sub-Account, or (b) the transaction limits set on the Sub-Account, the transaction will be denied.
(2) Default Settings. The Main Accountholder may set up default settings to allow or prevent a Sub-Account User from using certain Sub-Account features or a Sub-Account Card and may change such default settings.
(3) Fees. There is no initial set-up fee to open a Sub-Account. There is no fee imposed for a Main Accountholder to transfer Available Funds from his or her Account to a linked Sub-Account he or she has opened or, where the Main Accountholder has opened two to four Sub-Accounts, initiate transfers of funds between such Sub-Accounts. However, the Main Accountholder's Account and Sub-Account transactions will be subject to fees contained in this Agreement. Main Accountholders represent and warrant that they have advised all of their Sub-Account Users of the fees that can apply.
(4) Main Accountholder Controls on Sub-Accounts.
Set forth below are actions a Main Accountholder may take on a Sub-Account:
- Transfer Money Into a Sub-Account. The Main Accountholder may transfer Available Funds from his or her Account into a valid linked Sub-Account.
- Transfer Money Out of a Sub-Account. The Main Accountholder may transfer money from any linked Sub-Account to the Main Accountholder's Account.
- Control Money Received by or Sent from the Sub-Account. The Main Accountholder may set controls ("Permissions") on the funds that can be received by a Sub-Account from the Main Accountholder's Account and on the amount of funds that can be sent or transferred out of the Sub-Account by the Sub-Account User.
- Set Permissions. The Main Accountholder may set Permissions to allow or prevent the Sub-Account User from: (i) performing transactions above the limits or thresholds set by the Main Accountholder but in no event higher than the limits set by us on Sub-Accounts and the Main Accountholder's Account generally; (ii) making purchases online or offline using the Sub-Account or any Sub-Account Card; (iii) sending funds to other Users and other third parties; (iv) using the Sub-Account Card at merchants outside of the United States (if we make this functionality available); and/or (v) withdrawing Available Funds from participating ATMs using a Sub-Account Card. Permissions may be changed by the Main Accountholder at any time.
- Set Alerts. The Main Accountholder may set alerts to be notified when a Sub-Account balance drops below an amount set by the Main Accountholder.
- View Sub-Account Activities. The Main Accountholder may view the Sub-Account activities. The Main Accountholder can view the Sub-Account balance and Sub-Account transactions for ninety (90) days by logging into his/her Account and clicking on "My Account" on the Prepaid REDcard Site. The Sub-Account User can view Sub-Account transactions for his or her Sub-Account for ninety (90) days by viewing their Sub-Account Activity.
- Closure/Suspension of Use of Sub-Account and Sub-Account Card. Except as otherwise provided in this Agreement, the Main Accountholder may close a Sub-Account he or she has opened at any time. Closure of a Sub-Account results in termination of your privileges with respect to the associated Sub-Account Card. In order to close a Sub-Account, the Main Accountholder must first transfer the balance of funds remaining in the Sub-Account to the Main Accountholder's Account. The Main Accountholder may not be allowed to close a Sub-Account under the circumstances outlined in Section 9. The Main Accountholder may suspend or terminate the Sub-Account User's use of the Sub-Account or Sub-Account Card by changing their Permissions for the Sub-Account or Sub-Account Card or by calling Customer Service. We will have a reasonable amount of time to effectuate such a change.
- Disputes or Claims. The Main Accountholder may file Disputes related to the Sub-Account and Sub-Account Card as provided in this Agreement. The Sub-Account User will not have access to or be able to file Disputes related to the Sub-Account or Sub-Account Card.
(5) Sub-Account User Actions.
Subject to the Permissions set by the Main Accountholder or by us, the transaction limits set on the Main Accountholder's Account and the terms and conditions of this Agreement, stated below are actions a Sub-Account User may take:
- Send Money and Make Purchases. Where permitted by the Main Accountholder, a Sub-Account User may use his or her Sub-Account to Send Money to and to make purchases from other Accountholders. However, Sub-Account Users may not receive or request money from other Accountholders.
- Use the Sub-Account Card. Subject to any limitations placed by us or the Main Accountholder, a Sub-Account User may use his or her Sub-Account Card to make point-of-sale, online or mail-order purchases virtually anywhere that American Express Cards are accepted and to withdraw authorized amounts at any Allpoint® network ATM in the U.S., including Allpoint network ATMs at Target stores in the U.S., where there are sufficient Available Funds. Purchases and withdrawals may not exceed the amount of the Sub-Account Available Funds, and may not exceed any transaction limits set by us or by the Main Accountholder. Purchases and withdrawals are subject to fees as described in this Agreement.
- Change the Sub-Account Email Address. A Sub-Account User may change the email address the Sub-Account User has for his or her Sub-Account.
- Change Sub-Account Password. The Sub-Account User may change the Sub-Account password for his or her Sub-Account at any time.
(6) Main Accountholder Responsibility.
The Main Accountholder is liable and responsible for all of the Sub-Account User's actions, obligations and liability related to the Sub-Account, Sub-Account Card and use of the Service, including, but not limited to, liability and responsibility for any transactions made by any person whom the Sub-Account User or the Main Accountholder authorizes or permits to use the Sub-Account or Sub-Account Card. Any action taken by us on the Main Accountholder's Account may also apply to any linked Sub-Account, and any action taken by us on a Sub-Account may also apply to the Main Accountholder's Account. The Main Accountholder agrees to be liable for a negative Sub-Account balance should one occur. We may recover amounts held in a Sub-Account if the Main Accountholder owes any amounts to us, even if such liability is unrelated to the Sub-Account. Should a Sub-Account hold a negative balance, or if any other liabilities are charged to a Sub-Account, any such amount may be debited by us from the Main Accountholder's Account, Reserve or from other Sub-Accounts linked to the Main Accountholder's Account, or from any Payment Funding Source linked to the Main Accountholder's Account. Any online agreements that are accepted by the Sub-Account User related to his or her use of the Service, Sub-Account or Sub-Account Card are deemed accepted by the Main Accountholder as if the Main Accountholder had taken the action.
(7) Prohibited Use.
The Sub-Account User may not use the Sub-Account or Sub-Account Card to engage in any activities that may be illegal under Applicable Law, or that are otherwise prohibited by this Agreement. We reserve the right to limit, suspend use of, lock or close the Main Accountholder's Account and/or any Sub-Account if we believe that the Sub-Account User or Sub-Account Card User may engage in, has attempted, or has engaged in any prohibited activity, or if we believe others may have attempted to use or have used the Sub-Account or Sub-Account Card inappropriately. Closure of an Account and/or Sub-Account results in termination of your privileges with respect to the associated Card and/or Sub-Account Card, as applicable. We may also block Sub-Account and Sub-Account Card payments and transactions to any user of the Service or third party engaged in activities we believe may be illegal or inappropriate.
(8) Additional Provisions Relating to the Sub-Account Card.
- ATM Withdrawal and Spending Limits. Sub-Account Card transactions are subject to, and taken into account when calculating, any daily and monthly limits that we set for the Main Accountholder's Account, Sub-Accounts generally, as well as any additional limitations that may be imposed by the Main Accountholder on the Sub-Account.
- Pre-authorization Holds. Merchants may request a pre-authorization hold prior to allowing a Sub-Account User to use their Sub-Account Card. In such an event, a hold may be placed on the Available Funds balance in the Sub-Account equivalent to the amount of the pre-authorization request, and we will treat the Sub-Account in accordance with the provisions contained in Section 4.g of this Agreement.
- Documentation of Transfers. The Sub-Account User can get a receipt at the time the Sub-Account User makes any transfer from his or her Sub-Account using his or her Sub-Account Card at a participating ATM or, in most cases, point of sale. A Main Accountholder may access the Sub-Account transaction history and balance by logging into his or her Account and clicking on Sub-Accounts. A Main Accountholder should do this regularly to view the activity on his or her linked Sub-Account(s).
8. Account Balances.
a. Available Funds and Total Balance.
Your Account or, as applicable, Sub-Account has two types of balances: an available balance ("Available Funds") and a total balance ("Total Balance"). Available Funds are limited to the funds that have been loaded or received into your Account or, as applicable, Sub-Account, that are not subject to holds, Disputes, etc.; they represent funds that you can use and conduct transactions with and are fully available to you. Your Total Balance represents the total of all funds in your Account or, as applicable, Sub-Account, including incoming or outgoing funds or transactions that are pending and subject to settlement. For example, when you load funds into your Account from a linked Bank Account, the transaction is "pending" until the funds are received by us from your Bank Account and credited to your Account. Available Funds and Total Balance amounts may not always be the same.
A transaction will be listed in your Account or, as applicable, Sub-Account, as "completed" when you receive credit or, where applicable, a withdrawal or send amount of a transaction you requested has been debited and is performed. A transaction will be listed as "cancelled" if it cannot be completed as requested or if you or the other party with whom you attempted to engage in a transaction failed or refused to proceed with the transaction. A transaction will be listed as "pending funding" if you requested money from another User and he or she has accepted your request but is in the process of adding funds his or her Account to complete the transaction with you.
Your Available Funds will decrease each time you use your Account or, as applicable, Sub-Account to transfer funds to another account or Sub-Account or make withdrawals or payments and each time a fee is charged to your Account. You authorize us to reduce the Available Funds in your Account by the amount of each transaction, any pre-authorization or authorization request, and any applicable fees or charges.
You are not allowed to expend funds in excess of the Available Funds in your Account or Sub-Account through an individual transaction or a series of transactions. You may increase the Available Funds in your Account through a receipt of funds from another User, the eligible Payment Funding Sources, transferring funds from your Reserve and where you have chosen to have it, Back-Up Funding. However, in the event a transaction occurs that exceeds the Available Funds in your Account and you do not have Back-Up Funding available and eligible to fund your Account with sufficient Available Funds to allow you to complete the transaction, we may in our sole discretion decline the transaction, or, if it occurs, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges.
(1) Overview and Establishment of a Reserve
An Accountholder may establish and manage a Reserve® ("Reserve") via the Prepaid REDcard Site and transfer funds from the Main Accountholder's Account to a Reserve for the purpose of putting funds away towards specific goals, emergencies, or other purposes, subject to the term and conditions of this Agreement and the terms and conditions applicable to a Reserve set forth at the Prepaid REDcard Site. At present, a Main Accountholder may establish one (1) Reserve. A Sub-Accountholder may not establish a Reserve.
There are no fees associated with the establishment or use of a Reserve.
YOU WILL NOT RECEIVE INTEREST OR ANY OTHER EARNINGS ON FUNDS IN YOUR RESERVE. WE ARE NOT A BANK, AND YOUR RESERVE IS NOT A BANK ACCOUNT OR A SAVINGS ACCOUNT. Funds in a Reserve are eligible for FDIC insurance coverage on the same basis as Account funds held in the custodial accounts we maintain for the benefit of Accountholders (see Section 8.e for details).
(2) Adding Funds to and Accessing Funds in a Reserve
Funds can only be added to a Reserve by transfer of funds (on a one-time or recurring basis) from your Account. Funds so transferred are no longer considered part of your Available Balance and accordingly are not available for immediate spend or other use. For example, if you attempt to make a purchase or withdrawal from your Account that exceeds the Available Balance, the purchase or withdrawal will not be authorized by us (except as otherwise provided in this Agreement), even if you have sufficient funds to cover the shortfall in your Reserve. Funds transfers between your Account and Reserve are immediately processed.
To spend or otherwise use funds held in your Reserve, the funds must be transferred from your Reserve back to your Account, at which time such funds will once again be considered part of your Available Balance.
If your Account is suspended or frozen, you will not be able to transfer funds from your Reserve to your Account. This means that you will not be able to access the funds in your Reserve until the freeze or suspension on your Account is lifted.
Reserve transactions are fully reflected in your transaction history, accessible via the Prepaid REDcard Site.
You agree that we may recover amounts held in your Reserve if you owe any amounts to us in connection with your Account, even if such liability is unrelated to a Reserve.
(3) Recurring Transfers to Your Reserve.
You may choose to have us transfer funds from your Account to your Reserve on a recurring basis. If you instruct and authorize us to make recurring transfers from your Account to your Reserve, then we will continue to do so on a regular basis until you cancel the authorization, or except as provided below.
If there are insufficient funds in your Account at the time that a pre-authorized recurring transfer is scheduled to occur, then the transfer will not occur. We will not make a partial transfer (i.e., a transfer for less than the amount of the scheduled transfer) if the Available Funds are insufficient to cover the full amount of the scheduled transfer. We will not attempt to make the transfer after sufficient funds are later added to the Account. You may verify that a preauthorized transfer to your Reserve occurred as scheduled through the Prepaid REDcard Site, or by calling Customer Service.
You may stop a preauthorized recurring transfer through the Prepaid REDcard Site, or by calling Customer Service. If you instruct us to stop payment of an individual transfer, we will cancel the entire series of recurring transfers, and you will need to provide us with a new authorization in order to resume recurring transfers.
(4) Closing a Reserve.
Once established, a Reserve can be closed only in connection with the closure of your Account. If you or we close your Account, your Reserve will be simultaneously closed, and the funds in your Reserve will be returned to you on the same basis as the return of funds from your Account.
c. Not a Demand Deposit Account.
Except as otherwise provided by Applicable Law, when you sign up for the Service, you do not get, and neither is the Account, the Sub-Account or Reserve, a demand deposit (checking) account, savings account, or other consumer asset account with us or with any bank partner. You receive a prepaid access Account, or as applicable, a Sub-Account, that allows you to send and receive funds through the Service. At our discretion, we may hold multiple Accounts or Sub-Accounts in a "pooled account" at a bank. We will hold and move funds in accordance with Applicable Law.
d. No Interest Payments; Security Interest; and Set Off.
You will not receive interest or any other earnings on funds in your Account (including funds in a Reserve) or Sub-Account and you agree that any interest that may be earned on funds in your Account or Sub-Account belongs to us. We will hold the funds in your Account or Sub-Account separate from our corporate funds, will not voluntarily make such funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach such funds. You grant us a security interest in and a lien upon any funds you send or receive through the Service to allow us to set off or deduct any amounts owed to us against those funds in the event you have a negative balance or otherwise owe us amounts pursuant to the terms and conditions of this Agreement.
e. Information Regarding FDIC Pass-Though Insurance Coverage and Prepaid REDcard.
When you Add Money to your Account, funds will be placed by us into one or more custodial accounts we maintain for the benefit of Accountholders at one or more FDIC-insured banks (currently Wells Fargo Bank, N.A. and American Express National Bank) not later than the business day after those funds are reflected in your Total Balance. These custodial accounts will be set up to provide pass-through FDIC insurance. Subject to the limitations set forth below, this means that if a bank holding our custodial account fails, you should be insured by the FDIC up to the per-depositor coverage limit then in place (currently $250,000 in most instances). Note that the FDIC insurance maximum applies to the aggregate of all funds that you have on deposit with the bank in your individual capacity, including funds that you have in deposit accounts other than the account in which your Prepaid REDcard funds are deposited.
Your Prepaid REDcard funds will not receive the benefit of FDIC insurance before they are placed in one of the custodial accounts referenced above. FDIC insurance coverage is contingent upon our maintaining accurate records and on determinations of the FDIC as receiver at the time of a receivership of a bank holding a custodial account referenced above.
FDIC pass-through insurance protects funds placed on behalf of an Accountholder against the risk of loss (up to the then applicable FDIC deposit insurance limits) should any FDIC-insured bank(s) where we maintain custodial account(s) for the benefit of the Accountholder fail. FDIC pass-through insurance does not protect you against the risk of our insolvency. In the unlikely event of our insolvency, funds we place in a custodial account for your benefit should be protected from claims by our creditors; however, it is possible that funds that we hold before placement in a custodial account will not be protected from claims by our creditors. Even if funds in your Account (whether held by us or held in a custodial account) are protected from claims by our creditors in the unlikely event of our insolvency, it is possible that you will not have access to those funds while court or other legal proceedings are ongoing.
FDIC pass-through insurance also does not protect you against the risk that an Add Money transaction might fail or be reversed (for example, because an Add Money Source does not honor (or reverses) an Add Money transaction).
Funds in a provisional Account or other "temporary" account or card (including any "Temporary Card" you may have acquired at a Target location) are not eligible for FDIC pass-though insurance coverage. When you register online and establish a Prepaid REDcard Account, your provisional Account or other "Temporary" account or card funds (to the extent you provide us information about your account or card at registration) will be transferred to your Account and be eligible for FDIC pass-though insurance within one business day of establishment of your Account.
Funds held in your Reserve, and funds transferred between your Account and Reserve, will at all times be held in the custodial accounts we maintain for the benefit of Accountholders at FDIC member banks set up to provide FDIC pass-through insurance coverage.
9. Closing Your Account.
If you would like to close your Account (including your Reserve) and/or cancel your Card, you may call Customer Service. You may also close your Account (including your Reserve) and/or cancel your Card online at the Prepaid REDcard Site. A Main Accountholder may close a Sub-Account by the same mechanisms. Closure of an Account and/or a Sub-Account results in termination of your privileges with respect to the associated Card and/or Sub-Account Card, as applicable. Closure of your Account also results in the closure of all Sub-Accounts you may have set up.
Upon closure of your Account or Sub-Account, we will use reasonable efforts to cancel all pending transactions (subject to Applicable Law) and send you a final closing transaction statement for your Account.
After the closure of your Account or Sub-Account, the transaction history will be available online for at least ninety (90) days, and you may also request a paper statement from us if you wish to review your transaction history. Subject to Applicable Law, you will be charged a fee for each paper copy you request.
If you choose to close your Account, you should withdraw the balance of funds remaining in your Account by electing during the closure process to send such balance via ACH to your valid U.S. Bank Account or have a check made payable to you mailed to the last postal address of record we have for you. The remaining balance in a Sub-Account will be returned to the Main Accountholder's Account.
To have funds withdrawn from your Account by check, please contact Customer Service. It will take 7-10 business days to process the request. There currently are no fees charged to withdraw funds via check. Checks are void after 90 days.
You may not close your Account or Sub-Account to evade an investigation or a disputed transaction(s). You may not close your Account or Sub-Account if there is a negative balance in your Account or Sub-Account or if there is an investigation pending or a Dispute related to the Account or Sub-Account or associated Card or Sub-Account Card, and subject to Applicable Law, we may hold your funds for up to thirty (30) days or longer to finish conducting the investigation and/or protect us or a third party against the risks of payment reversals, Chargebacks, claims, fees, fines, penalties, and other liability.
You will remain liable for all obligations related to your Account (including your Reserve) or Sub-Account even after its closure.
a. Schedule of Services and Fees.
Unless you are a resident of an excluded state, or we otherwise waive or do not apply one or more fees in accordance with the terms of a program, special promotion or offer we may sponsor from time to time, we will impose the fees for the respective transactions set forth in the schedule below conducted through your Account as well as any Sub-Account(s) unless stated otherwise. All fees are in U.S. Dollars and remain subject to change in our discretion and where notice is provided as required by Applicable Law.
Prepaid REDcard Fee Chart
Purchase Fee As disclosed on the Temporary Card Package
- Monthly Fee $0
- Minimum Balance $0
- Overdraft Fee $0
Add Money to your Prepaid REDcard With:
- Direct Deposit $0
- Checking/Savings Account* $0
- Reload cash at Target stores in the US** $0
- Debit Card $0
- ATM usage at US Target stores*** and over 43,000 US Allpoint® network ATMs (ATM usage not available at any other ATMs)$0
- Send and Receive Money Online $0
Foreign Transaction Fee $0
*Available to users who have linked their bank account prior to October 28, 2015
**Reloads not currently available in AR and NC.
***Card not usable at ATMs in Target stores in Kansas City, MO.
The schedule above sets forth fees we impose on the respective transactions. Other parties (such as merchants with respect to point of sale transactions and other financial institutions with respect to transactions such as cash withdrawals at their branches) may impose separate fees on the same transactions and we make no accounting for those.
We will deduct all applicable fees from the balance in your Account, or as applicable, Sub-Account, at the time of the imposition of the fees.
Subject to the terms of this Agreement, the Accountholder may add funds to his or her Account via any of the Funding Sources described in Section 5, as well as via Direct Deposit, Receive Money, and Mobile Check Capture (each such funding transaction, an "Add Money" transaction).
An Accountholder may make use of Available Funds in his or her Account via merchant transactions (i.e., spend at merchants), Send Money, ATM withdrawals, Pay Bills and transfers back to linked Bank Accounts or withdrawal by check (each such use of funds, a "Spend Money" transaction).
The following limits apply to Add Money and Spend Money transactions conducted through your Account as well as any Sub-Accounts. For purposes of calculating limits, (i) a transaction occurs at the time we post it to your Account (this date may differ from the date the transaction was initially authorized/conducted), and (ii) a day is calculated as the 24-hour period commencing midnight (Eastern time) on any day and ending midnight (Eastern time) the following day. We may set additional transaction limits on your use of your Account and any Sub-Accounts, including in circumstances in which we have not verified all of the identity and other personal information you have provided. All limits remain subject to change in our discretion at any time for legal, risk management, security or other purposes, subject to Applicable Law.
c. Types of Transactions.
(1) Card Transactions.
When you use your Card or Sub-Account Card to make point of sale transactions at participating merchant locations or through a merchant's online store, you will not be charged a fee by us for such transaction.
Except as described below in connection with Back-Up Funding, if you use a Card or Sub-Account Card to make a point of sale transaction at a participating merchant location or through a merchant's online store, you must have Available Funds in your Account or Sub-Account for the entire amount of the transaction and any applicable fee(s). The merchant or other third parties may impose additional fees for such transactions, which may be added to the cost of the transactions. For example, a merchant may impose a $1.00 fee for paying by a Card at the point of sale where permitted by Applicable Law.
In the event you do not have sufficient Available Funds in your Account at the time the point of sale transaction or online store transaction is initiated with your Card to cover the cost of the transaction and any applicable fees, and you have chosen to have Back-Up Funding with permissions set to cover the amount needed for the transaction in question, then we will attempt to load funds to your Account from your linked debit card), in an amount sufficient to cover the cost of the transaction and any applicable fees and in accordance with Section 5.c. IMPORTANT: Back-Up Funding is not available for transactions conducted with Sub-Accounts or Sub-Account Cards.
Neither a Card nor Sub-Account Card can be used to make payments to other Users or entities on the Serve Site.
(2) Prepaid REDcard Check Withdrawal.
You may also withdraw funds from your Account by requesting a check to be issued to you at the mailing address we have on file for you. To request funds to be withdrawn from your Account via a check, please contact Customer Service. It will take 7-10 business days to process the request. There currently are no fees charged to withdraw funds from your Account via check. Checks are void after 90 days. If you need to have a stop payment order placed on a check issued to you, please note that a stop payment can only be placed on a check that was issued within 90 days of the original stop payment request. Stop payments may be requested by calling or writing to Customer Service. There currently is no fee for stopping payment on a check.
11. Restricted Activities and Negative Balance.
a. Restricted Activities.
Your Account (including your Reserve), Card, Sub-Account and Sub-Account Card are non-transferable and may be used only by you or an Authorized User as provided in this Agreement. In addition, in using or accessing the Service, the Prepaid REDcard Site, your Account (including your Reserve), your Card, your Sub-Account or Sub-Account Card, you agree that you will not and you will have any Authorized User agree that such Authorized User will not:
- Breach this Agreement or any other policy, terms of service, or agreement that you have agreed to with us;
- Violate any Applicable Law;
- Attempt to fund your Account with an ACH that is returned, revoked or otherwise unable to be processed;
- Purchase or sell, or facilitate the purchase or sale of, illegal goods or services (including, but not limited to: unlawful sexually oriented materials or services and counterfeit products), unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
- Engage in or in furtherance of debt collection activities;
- Provide false, inaccurate, or misleading information;
- Fund or remit payroll, payroll deposits, wages, other forms of compensation (including incentive payments or bonuses), or any employee benefits;
- Provide yourself or Authorized Users a cash advance from your debit card;
- Send messages (to us, to your customers or the general public) which would be deemed abusive, harassing, offensive, obscene, racist, libelous, defamatory or threatening in nature or use the Service in connection with goods, materials or services related to such activities and behavior;
- Unless permitted under Applicable Law, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Infringe on our or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights;
- Use any robot, spider, other automatic device, or manual process to monitor or copy the Prepaid REDcard Site;
- Use the Service in a manner that results in or may result in complaints or Disputes;
- Use your Account (including your Reserve), Sub-Account or the Service in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, National Automated Clearinghouse Association rules or Applicable Law;
- Allow your Account or Sub-Account to have a negative balance;
- Use the Service for multi-level marketing or multi-level financial programs, including but not limited to, pyramid and matrix programs or ponzi schemes;
- Use the Service to sell, or attempt to sell or otherwise make available any items as may be specified by us from time to time;
- Use the Service in connection with financial services banks, credit unions, savings and loan associations, equities (defined as an instrument that signifies an ownership position, or equity, in a corporation, and represents a claim on its proportionate share in the corporation's assets and profits, e.g., stocks, bonds, and securities), unit trusts, mutual funds, foreign exchange, and bureau de change; provided, however, that you may use the Service in connection with financial services related solely and exclusively to taxation, brokerage fees, leasing merchants, mortgage payments, condo down payments and financial advisor fees;
- Use the Service in connection with transactions involving wholesale currency (discounted currencies or currency exchanges, etc.), traveler's checks, money orders or check cashing;
- Use the Service to sell items that otherwise violate this Agreement; and/or
- Use the Service in connection with other activities of which we notify you.
If you breach this Section 11.a or permit others to do so or conduct (or attempt to conduct) any transactions that we believe are not permitted by this Agreement (such as one of the activities set forth above) or Applicable Law, we may, at our sole discretion and without waiving any of our rights, freeze, close, cancel, suspend, or limit your use of your Account (including your Reserve), Sub-Account, Card, Sub-Account Card and/or your access to the Service.
b. Negative Balance.
You do not have the right to make transactions in amounts that exceed the Available Funds balance that is in your Account. If you are eligible for and have chosen to have Back-Up Funding on your Account, and you do not have sufficient Available Funds in your Account at the time you initiate the transaction, then we will attempt to load funds to your Account from your linked debit card in an amount sufficient to cover the cost of the transaction and any applicable fees.
If, for any reason, a transaction is processed for more than the Available Funds in your Account, you are liable for that entire amount and agree to pay such negative balance to us immediately on demand. We reserve the right to automatically debit such negative balance from any linked Payment Funding Source.
12. Your Liability.
a. Returned or Reversed Payments and Loads.
You are responsible for all returned or reversed payments, claims, fines, penalties and other liability incurred by us, any other User(s), or a third party (including sellers and your wireless service provider) caused by or arising out of your breach of this Agreement and/or your use of the Service. You agree to reimburse us, our Affiliates, our third-party service providers and any other User(s) for any and all such liability.
You are solely responsible for all Disputes, for all returned or reversed payments, and for all claims related to payment transactions. If a payment you receive in your Account or Sub Account or a load of funds added to your Account or Sub-Account is subject to a claim, Dispute, or reversal, or is otherwise returned in any manner for any reason whatsoever, you agree that we may, in our sole discretion, conduct an inquiry into the transaction, and you agree to cooperate with us and to submit any information we may reasonably request to the extent permitted by Applicable Law.
If we determine in our sole discretion that the subject transaction is to be properly reversed, we may reverse the payment or deduct, withhold, recoup from or offset it against our payments to you (or debit any of your Accounts or as applicable, Sub-Accounts) or we may notify you of your obligation to pay us, which you must do promptly and fully. In addition, you agree that we may immediately remove such amounts from the balance in any of your Accounts or Sub-Accounts.
If you have insufficient funds in your Account or Sub-Account, your Account will have a negative balance, and you will be required to immediately add funds to your Account to eliminate such negative balance. We may also engage in other efforts to recover such amounts from you, such as collecting the amount of your negative balance (along with any applicable fees) from any one or more of your linked Payment Funding Sources or Reserve. We will not refund any applicable fee set forth in Section 10, or any other fees or assessments.
As a result of new IRS rules, we may be required to report to the IRS and to you on Form 1099K the gross amount paid to you and received into your Account and, as applicable, Sub-Account(s). In order to carry out this required reporting, We will require your correct legal name and correct and valid Taxpayer Identification Number (usually your Social Security Number or Employer Identification Number) and, in some cases, a valid and complete Form W-9. Where you do not supply correct information, the IRS notifies us that it does match its records, or as otherwise required by Applicable Law, we will be required to back up withhold 28% of gross payments made to your Account. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive and amounts you need to collect, report, or remit to the appropriate tax authority.
13. Erroneous Transactions or Questions About Transactions.
IF YOUR CARD OR SUB-ACCOUNT CARD IS LOST OR STOLEN, NOTIFY US AT ONCE.
Contact us via the methods described in Section 19.a as soon as you can if you think your periodic statement or receipt/transaction confirmation is incorrect or if you need more information about a transaction listed on a statement or receipt. We must hear from you no later than sixty (60) days after we made available the FIRST statement (online at the Prepaid REDcard Site) on which the problem or error appeared. When notifying us, you must: (a) tell us your name, address, and Account (or Reserve) or, if applicable, Sub-Account number; (b) describe the error or the transaction you are unsure about and explain why you believe it is an error or why you need more information; and (c) tell us the dollar amount of the suspected error.
If you contact us by phone, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If, however, we need more time, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Account within ten (10) business days for the amount you think is in error so that you will have the use of the funds during the time it takes us to complete the investigation. If we ask you to submit your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account during the time it takes us to complete the investigation. For errors involving new accounts, point-of sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or questions. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results of our investigation within three (3) business days after completion, and we will correct any error promptly. If we decide that no error occurred, we will send you a written explanation. You may request copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR CARD OR ACCOUNT INVOLVING TRANSFERS FROM YOUR BANK ACCOUNT TO FUND YOUR ACCOUNT MUST BE DIRECTED TO US AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR BANK ACCOUNT; for such transactions, we are responsible for the Service and for resolving any errors involving transactions made with your Card or Account. Prepaid REDcard transactions involving debits or credits to your Bank Account will appear on the statements issued by your bank. You should check your Prepaid REDcard receipts and statement against the Bank Account statement you receive from your bank. If you have any questions about one of these transactions, call Customer Service or write us.
14. Unauthorized Transactions.
Prepaid REDcard provides all of the protections against unauthorized transactions, including all of the limitations on potential liability, that are required to be provided to holders of debit cards tied to checking accounts by applicable federal law, including Regulation E.
Tell us AT ONCE if you believe someone has transferred or may transfer funds from your Account or Sub-Account without your permission, or if you believe your Card or Sub-Account Card has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Account or, where applicable, Sub-Account (an "Unauthorized Transaction"). Telephoning us at 1-855-306-7395 is the best way of keeping your possible losses down, but you may also contact us via the other methods set forth in Section 19.a.
You may be liable for unauthorized use of your Account or Sub-Account. You will not be liable for unauthorized use that occurs after you notify us, orally or in writing, of the loss, theft, or possible unauthorized use. If you tell us within two (2) business days after you learn of the unauthorized use, you can lose no more than fifty dollars ($50) if someone used your Account or Sub-Account without your permission. If you do NOT tell us within two (2) business days after you learn of the unauthorized use, and we can establish we could have stopped someone from using your Account or Sub-Account without your permission if you had told us within such time period, you could lose as much as five hundred dollars ($500). If you are a California resident you will not be liable for the $500 amount described above for unauthorized use of your Card or Sub-Account Card in any event. If you are a New York resident, your liability for unauthorized use of your Card or Sub-Account Card will not exceed $50.
Also, if your periodic statement lists transactions you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement is made available to you, you may not get back any money you lost if we can prove that we could have stopped someone from taking the money if you had told us within such period.
If you cannot notify us within the time periods set forth above due to a good reason (such as a long trip or a hospital stay or you first contacted your bank that holds a Payment Funding Source to inquire as to a possible erroneous or Unauthorized Transaction), we may extend the time specified above for a reasonable period.
15. Our Rights & Liabilities.
a. Transaction Limits.
Based upon our review of your Account and the information you have provided us or we have otherwise obtained, we will set transaction limits for your use of your Account (including your Reserve) and any Sub-Account. These limits can be changed at any time by us in our discretion, with or without notice to you, EXCEPT AS REQUIRED BY APPLICABLE LAW.
As a security measure for you and us, we may also decline authorizations for certain transactions when we believe your Account (including your Reserve), Sub-Account, Card or Sub-Account Card may have been compromised, the transaction is not consistent with your purchasing patterns, or you do not have Available Funds.
We may also prohibit certain types of transactions where we believe fraud or misuse risk is higher.
b. Requests for Funds Transfers.
Users may send messages to transfer funds to, or request a funds transfer from, other individuals using the Service. Individuals receiving these requests are not obligated to accept or respond to a request, and we make no representation that any such requested transfer funds will occur or that it will be seen by, or responded to by, the other individual. You agree that we will not be liable for damages in connection with any failure of an individual to send funds in response to such a request, and have no obligation to review any such request or similar message.
c. Liability for Failure to Make Transfers.
If we do not complete a transaction to or from your Account (including your Reserve) or, as applicable, Sub-Account on time or in the correct amount in accordance with this Agreement, we may be liable for your losses or damages, subject to certain exceptions. We will not be liable, for instance, if: (a) through no fault of ours, you do not have enough Available Funds in your Account to complete a transaction; (b) our computer systems or other electronic terminal where you are making a transaction does not operate properly and you knew about the failure when you started the transaction; (c) an ATM where you are making a cash withdrawal does not have enough cash; (d) an ATM or a merchant refuses to honor a transaction using your Account, Sub-Account, Card or Sub-Account Card; (e) your wireless service provider refuses the transaction; (f) access to your Account (including your Reserve) or Sub-Account has been blocked after you reported your Card or Sub-Account Card lost or stolen; (g) there is a hold on the funds in your Account (including your Reserve) or Sub-Account or the funds in your Account (including your Reserve) or Sub-Account are subject to any legal process or other encumbrance restricting their use; (h) we have reason to believe the requested transaction or withdrawal is unauthorized; (i) circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (j) the transaction would violate the terms and conditions of this Agreement; or (k) there are other exceptions stated in this Agreement with you.
d. Suspension of Use; Cancellation; Closure.
We, in our sole discretion, may limit your use of, suspend or terminate your privileges with respect to your Account (including your Reserve), Sub-Account, Card and/or Sub-Account Card with or without cause or notice, other than any notice required by Applicable Law, including in the event we believe there has been a breach in security or there has been unauthorized activity involving your Card or Account or you have engaged in activity that is fraudulent or inappropriate or that violates the terms of this Agreement. We reserve the right to suspend or close your Card or Account (including your Reserve), Sub-Accounts or Sub-Account Cards if, among other reasons, (i) you neither add funds to nor use your Account for an extended period, (ii) there are no funds remaining in your Account for an extended period, (iii) you attempt to add funds to your Account from a Payment Funding Source and are declined or dishonored repeatedly, (iv) you structure purchases or conduct transactions with your Account to manufacture spend, (v) you withdraw your consent to deal with us electronically pursuant to the Consent Statement, (vi) we have determined to suspend or close any of your other accounts on the Service or (vii) for any other reason permitted by Applicable Law. We may, in our sole discretion, decide not to immediately exercise our rights pursuant to this paragraph, but such forbearance (whether once or repeatedly) shall not constitute a waiver nor shall it preclude our right to exercise our rights in the future. Closure of your Account will prohibit your access to the Service.
If we decide to close or suspend use of your Account or Sub-Account (which closure will result in termination of your privileges with respect to the associated Card and/or Sub-Account Card), we will send an email to the primary email address we have in our records for you. Upon closure of your Account and/or Sub-Account (and termination of your privileges with respect to the associated Card and/or Sub-Account Card), you must immediately discontinue use of your Account and/or Sub-Account and associated Card and/or Sub-Account Card, as applicable. Our closure of your Account and/or Sub-Account (and termination of your privileges with respect to the associated Card and/or Sub-Account Card) will not affect your obligations under this Agreement.
16. Disclaimer of Warranties; Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW , WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU REGARDING THE SERVICE, THE PREPAID REDCARD SITE, THE SERVICE PLATFORM, ACCOUNTS (INCLUDING A RESERVE), SUB-ACCOUNTS, CARDS, SUB-ACCOUNT CARDS, ANY FEATURE THEREOF, OR ANY SUBJECT MATTER COVERED BY THE SUBSTANCE OF THIS AGREEMENT , WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS . WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICE OR THE PREPAID REDCARD SITE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OR USE OF THE SERVICE OR THE PREPAID REDCARD SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF TRANSACTIONS OR USE OF THE SERVICE OR THE PREPAID REDCARD SITE. YOU MAY HAVE OTHER WARRANTY RIGHTS, WHICH MAY VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.
IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIMS OR DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF OUR EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF $500 IN THE AGGREGATE . NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE , IN NO EVENT SHALL WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY (i) COSTS OF PROCUREMENT OF SUBSTITUTE OR REPLACEMENT GOODS AND SERVICES, LOSS OF PROFITS, LOSS OF USE, LOSS OF OR CORRUPTION TO DATA, BUSINESS INTERRUPTION, LOSS OF PRODUCTION, LOSS OF REVENUES, LOSS OF CONTRACTS, LOSS OF GOODWILL, OR ANTICIPATED SAVINGS OR WASTED MANAGEMENT AND STAFF TIME; OR (ii) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, WHETHER ARISING DIRECTLY OR INDIRECTLY,EVEN IF WE OR ANY OF OUR DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES HAVE BEEN ADVISED SUCH DAMAGES MIGHT OCCUR.
NOTHING IN THIS AGREEMENT SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. The laws of certain states or other jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions, or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement.
THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE WILL APPLY REGARDLESS OF WHETHER OR NOT YOU ACCEPT OR USE THE SERVICE OR THE PREPAID REDCARD SITE.
17. Transaction History, Notices & Communications.
a. Periodic Statements.
Periodic statements will be made available to you electronically on a monthly basis at no charge. Electronic statements will be available for twenty-four (24) months from when we make the statement first available to you for viewing. You can also view transactions at any time online at no charge when you log into your Account or Sub-Account, as applicable. If your Account or Sub-Account is closed, you will not be able to log in and view statements and must telephone us at the number listed in Section 19.a in order to obtain transaction history or a paper copy of your electronic statement. Subject to Applicable Law, you may be charged a fee for each paper copy you request.
After your Account is closed, your transaction history will remain accessible online for thirty (30) days post-closure.
Subject to Applicable Law, we will retain transaction records for up to five (5) years from the date of the transaction.
By registering for the Service and accepting the terms and conditions of this Agreement, you consent to receive notices and information(including legally-required notices and information which you may otherwise have the right to receive in paper form, except as otherwise specified in this Agreement and our E-Communications Disclosure) via email to the primary email address we have in our records for you and, if you have opted in on to receive the SMS Service, via text messages regarding the Service and your Account or, as applicable, Sub-Account, as well as the transfer of funds to and from your Account or, as applicable, Sub-Account. All notices and information sent to you via email and/or text message (where you have opted in to receive the SMS Service) will be deemed to be in writing and received by you when sent to you. You can manage your preferences for receiving messages from us by logging into your Account or, as applicable, Sub-Account, via your Account Profile on the Prepaid REDcard Site.
c. Text Messages.
In order to communicate with us via text or receive text messages from us, you must opt in to the applicable SMS Service on the Prepaid REDcard Site and specifically grant us permission to communicate with you via text message communications. See Section 17.b for more details.
d. Telephone Monitoring/Recording.
From time to time, we may monitor and/or record telephone calls between you and us to ensure the quality of our customer service or as required by Applicable Law.
18. Confidentiality and Disclosure of Information.
We will disclose information to third parties about your Account (including your Reserve), Sub-Account, Card, Sub-Account Card, and related transactions: (i) where it is necessary for completing transactions; (ii) in order to verify the existence and condition of your Account or Sub-Account for ourselves or for a third party, such as a credit bureau or merchant; (iii) in order to verify your identity or any accounts you hold (including wireless service accounts); (iv) in order to comply with government agency or court orders; (iv) if you give us your written permission; or (v) in accordance with our Privacy Notice and Privacy Statement, which can be found on the Prepaid REDcard Site. We may disclose your first name, last name and email address to the individual or User that you are seeking to transact with or are transacting with via the Service (e.g., if you initiate a Request Money transaction, we will share your first and last name and email address with the individual or User you are requesting the money from). We may also show your name in that User's transaction history.
Additionally, we may share your address and contact information with a merchant from whom you purchased goods/services using the Service to allow the merchant to process your order and perform any related customer service function.
a. Contact Information.
You may contact us by calling Customer Service at 1-877-486-5990 (International Collect: 1-801-449- 4016), 24 hours a day, 7 days a week or by writing to us at American Express, Card Dispute Forum, 4315 S 2700 W, MC 02-04-40, Salt Lake City, UT 84184-0440. Complaints or questions submitted in writing should be mailed to the above address.
b. Transactions Made in Foreign Currencies.
Where permitted, if you use your Card or Sub-Account Card to make a purchase at an establishment in a currency other than U.S. dollars, the transactions will be converted to U.S. dollars. The exchange or currency conversion rate between the transaction currency and the billing currency will be either (i) a rate selected by us from the range of rates available in wholesale currency markets for the applicable central processing date or (ii) the government-mandated rate in effect for the applicable central processing date. The exchange or currency conversion rate on the transaction processing date may differ from the rate in effect at the time of the transaction or the date the transaction is posted to your Account or Sub-Account. You agree to accept the converted amount in U.S. dollars. Please note international access is not available to Accountholders residing in Vermont.
c. Business Days.
For purposes of this Agreement, business days are Monday through Friday, other than federal banking holidays.
d. Change of Address; Notices.
Tell us immediately if your U.S. mail or postal address changes or if your email address changes. If you do not notify us about an address change, information regarding your Account or Sub-Account may be mailed or emailed to the wrong person.
Any notice we send to you shall be deemed delivered three (3) business days after mailing it to you at the last U.S. mail or postal address you provided for your Account or Sub-Account or one (1) business day after emailing it to you at the last primary email address you provided for your Account or Sub-Account. You agree we may accept changes of mail or postal address from the U.S. Postal Service.
e. Unclaimed Property.
If your Account or Sub-Account becomes inactive, we may be legally required to report the balance in your Account or Sub-Account as unclaimed property and forward the unclaimed funds to a state in accordance with Applicable Law. The specified period of time to report and send such funds in an inactive Account or Sub-Account to a state vary by state, but usually range between two (2) and five (5) years.
f. Attorneys' Fees and Costs.
Except as may be provided in Section 20, you agree to pay all costs incurred by us or our successors or assigns in collecting unpaid indebtedness or in enforcing this Agreement, including attorneys' fees and costs, as well as those costs, expenses and attorneys' fees incurred in appellate, bankruptcy, and post-judgment proceedings, except to the extent such costs, fees, or expenses are prohibited by Applicable Law.
g. Governing Law.
This Agreement, the Service, and your Account (including your Reserve), Sub-Account, Card, and Sub-Account Card(s), and any claim, Dispute or controversy arising from or relating to this Agreement, the Service, or your Account, Sub-Account, Card or Sub-Account Card are governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and received under this Agreement will be governed by such laws. This Agreement is entered into between you and us in New York.
To the extent permitted by Applicable Law, you waive and release us from all defenses, rights, and claims you have or may have against us arising from or relating to this Agreement, the Service, or your Account, Sub-Account, Card or Sub-Account Card or any use thereof.
i. Delay of Rights.
We can waive or delay enforcement of any of our rights under this Agreement without losing them.
j. Void Where Prohibited.
Not all services described in this Agreement are available to all persons or at all locations. We reserve the right in our sole discretion to limit, restrict or prohibit the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited.
You may not assign or transfer this Agreement or any of your rights, obligations, duties, responsibilities, or liabilities under this Agreement without our prior written consent, and any attempt to the contrary without our prior written consent shall be null and void. This Agreement shall be binding on you and your respective executors, administrators, and permitted assigns. We may assign all or portions of our rights and obligations under this Agreement without your approval to any entity which acquires all or substantially all of our assets or to any Affiliate or successor.
If any provision of this Agreement is determined to be invalid or unenforceable under any Applicable Law, the validity or enforceability of any other provision of this Agreement shall not be affected, and, in lieu of such invalid or unenforceable provision, there shall be added automatically, as part of this Agreement, a provision as similar in terms as may be valid and enforceable, if possible.
m. Entire Agreement.
This Agreement (including all agreements and policies referenced in this Agreement) sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter.
Sections 1, 12, 15, 16, 17, 18, 19 and 20 will survive: (i) the closure of your Account (including your Reserve) and/or Sub-Account(s); (ii) the bankruptcy of any party; and (iii) any permitted transfer, sale or assignment of this Agreement, if any.
20. Agreement to Arbitrate Disputes.
This Section 20 sets forth the circumstances and procedures under which Claims (defined below) that arise between you and us will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.
As used in this Section 20, the term "Claim" shall mean and include any claim, Dispute or controversy of every kind and nature, whether based in law or equity, between you and us arising from or relating to this Agreement, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements ("Agreements"), including the validity, enforceability or scope of this Section 20 or the Agreements. "Claim" also includes claims by or against any third party using or providing any product, service or benefit in connection with the Card or Sub-Account Card (including, but not limited to, third parties who accept the Card or Sub-Account Card, third parties who use, provide or participate in programs accessed with the Card or Sub-Account Card, enrollment services and rewards programs, debt collectors and all of their agents, employees, directors and representatives) if and only if, such third party is named as a co-party with you or us (or files a Claim with or against you or us) in connection with a Claim asserted by you or us against the other. As used in this Section 20, "you" and "us" also includes any corporate parent, or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, service or benefit in connection with the Card or Sub-Account Card.
b. Initiation of Arbitration Proceeding/Selection of Administrator.
Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Section 20 and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the "Code"), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS ("JAMS") or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of either of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614; www.jamsadr.com, and/or AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.
c. Class Action Waiver and Other Restrictions.
Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any Dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement (including the "Continuation" provision below), and without waiving either party's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Section 20 (other than this sentence) shall not apply.
d. Arbitration Procedures.
This Section 20 is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended ("FAA"), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator's sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator's written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within thirty (30) days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within one hundred and twenty (120) days of the date of the appellant's written notice. The panel's majority vote decision shall be final and binding.
e. Location of Arbitration/Payment of Fees.
The arbitration shall take place in the federal judicial district of your residence. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. We will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the JAMS or AAA.
This Section 20 shall survive termination of this Agreement, your Account, Sub-Account or the relationship between you and us concerning your Account or Sub-Account, any permitted transfer, sale, or assignment of your Account or Sub-Account, or any amounts owed on your Account or Sub-Account, to any other person or entity as well as voluntary payment in full of any shortages, any debt collection proceeding by or between you and us, and any bankruptcy by you or us. If any portion of this Section 20, except the "Class Action Waiver and Other Restrictions" provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, this Agreement or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
For purposes of this Agreement, the following defined terms shall have the meanings set forth below:
- "Account" means a Target Prepaid REDcard account established in connection with the Service.
- "Accountholder" means the individual who registered for and established an Account.
- "Affiliate" means a person or entity that directly or indirectly controls, is controlled by, or is under common control with us, including our subsidiaries.
- "Applicable Law" means all applicable local, state, federal, and foreign laws, regulations, ordinances, and statutes, as well as any applicable rules, policies, and procedures established by the National Automated Clearinghouse Association or any applicable electronic payment network or card association or network.
- "ATM" means automated teller machine.
- "Authorized User" means you and any other person whom you have authorized to use or access your Account or Card, including, as applicable, any Sub-Account User or Sub-Account Card User.
- "Card" means any card, account number, barcode, digital representation, or other access device issued by us to you for the purpose of conducting transactions on your Account through the Service, including any card that is co-branded with the American Express logo and Target's "REDcard" or other logos.
- "Charge" means a purchase or a payment made with a Card.
- "Dispute" means a Charge or transaction about which a claim, complaint, or question has been brought.
- "Internet Electronic Delivery Transaction" means a transaction which occurs when goods or services are ordered online and electronically delivered online (e.g., images or software downloads, virtual goods).
- "Main Accountholder" has the meaning set forth in Section 3.f.
- "Payment Funding Source" shall have the meaning set forth in Section 5.b.
- "Prepaid REDcard Site" means the Prepaid REDcard website, currently located at www.Target.com/prepaidredcard.
- "Reserve" has the meaning set forth in Section 8.b.
- "Service" means the service provided by us which, among other things, facilitates the ability to make payments and transfer funds online and offline using electronic payment networks, allows Users to open, fund and manage stored-value accounts, and includes a Reserve, any widgets, applications, payment features and other mechanisms we now or in the future may provide and you may use to conduct such payments and transfers.
- "Sub-Account Card" means any card, account number, barcode, digital representation, or other access device issued by us for the purpose of conducting transactions through a Sub-Account.
- "Sub-Account User" means any person authorized to use a Sub-Account.
- "Mail a Check" has the meaning set forth in Section 3.g.
- "TRS" or "AXP" means American Express Travel Related Services Company, Inc.
- "User" means any person authorized to use the Service via a Target Prepaid REDcard® by American Express-branded reloadable prepaid account.
- "we," "us," and "our" refers to American Express Travel Related Services Company, Inc. and Serve Virtual Enterprises, Inc., a wholly-owned subsidiary of American Express Travel Related Services Company, Inc., and where applicable, their successors, assigns or service providers.
- "you" and "your" mean the individual who opens the Account or is authorized to use the Account, Card, or where applicable Sub-Account or Sub-Account Card.
22. Additional Plans and Services
As a Cardmember you can enjoy retail and travel benefits such as Roadside Assistance*, Purchase Protection◆, and Global Assist® Hotline** coverage. Please note that, as a holder of the Card, you are a "Cardmember" for purposes of the Purchase Protection◆ Description of Coverage.
a. Roadside Assistance Hotline
* Roadside Assistance Hotline is a 24-hour dispatch hotline that can send a tow operator or locksmith to assist in an emergency situation. While Roadside Assistance Hotline is available at no additional charge, the Card Member will be charged for any services or goods provided. Tow operator or locksmith can provide the following services: towing, winching, jump starts, flat tire change when Card Member has a workable spare, lockout service when key is in vehicle and delivery of up to 2 gallons of fuel. Services are available when traveling within the 50 United States, the District of Columbia, Canada, Puerto Rico and the U.S. Virgin Islands and only when Card Member is present with the eligible vehicle. This product does not cover some vehicles, e.g. rental vehicles, motorcycles, taxicabs, unlicensed vehicles, tractors and trucks over 10,000 lbs gross vehicle weight. Other important exclusions apply. We may be unable to provide you with coordination and assistance services in case of inclement weather or on roadways which restrict access to certain service providers. Lockout service may be unavailable for vehicles with transponder keys. Subject to additional important terms, conditions and exclusions. For full Terms and Conditions, call 855-431-1156 or see americanexpress.com/RAterms.
b. Purchase Protection
♦ Purchase Protection is underwritten by AMEX Assurance Company, Administrative Office, Phoenix, AZ under Policy AX0951, Policy AX0951-PR, Policy AX0951-VI, or Policy PP-IND. Coverage is determined by the terms, conditions, and exclusions of the Policies applicable to your Card and is subject to change with notice. This document does not supplement or replace the Policy. Shipping and handling costs for the purchase will not be refunded. Certain purchases are not covered, e.g. items lost by Card Member, consumable and perishable items, motorized vehicles and their parts or accessories, or normal wear and tear. Other important exclusions apply. You will only be reimbursed for the amount charged to your eligible Card; coverage is limited up to $1,000 per occurrence; not to exceed $50,000 per Card Member account per calendar year. You may be required to send the purchased item to us, in which case we will reimburse you for that shipping cost. This product provides secondary coverage. This means it pays eligible benefits not paid by any primary insurance that you have. For full Terms and Conditions, see americanexpress.com/PPterms.
c. Global Assist® Hotline
** While Global Assist® Hotline coordination and assistance services are offered at no additional charge from American Express, Card Members are responsible for the costs charged by third-party service providers. For full Terms and Conditions, see americanexpress.com/GAterms.
©2017 American Express Travel Related Services Company, Inc.