RELLEVATE GIFT CARDHOLDER AGREEMENT
CARDHOLDER AGREEMENT / TERMS & CONDITIONS
RELLEVATE GIFT CARDHOLDER AGREEMENT
CARDHOLDER AGREEMENT / TERMS & CONDITIONS
IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“ARBITRATION CLAUSE”) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION AND WAIVING A RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN CLASS ACTIONS. You may reject the arbitration provision by sending us written notice within 45 days after your first card purchase.
IMPORTANT – GIVE THIS AGREEMENT TO THE GIFT CARD RECIPIENT
TREAT CARD LIKE CASH. NEVER PROVIDE CARD OR CARD/ACCOUNT INFORMATION TO SOMEONE YOU DON’T KNOW – YOU MAY LOSE YOUR MONEY WITH NO RECOURSE.
CUSTOMER SERVICE CONTACT INFORMATION:
Address: Rellevate, 845 Canal Street, 3rd Floor, Stamford CT 06902
Toll-Free Customer Service Number: 1-866-304-9106
This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which a Rellevate Visa® Gift Card (“Card”) has been issued to you. The Rellevate Visa Gift Card is a gift Card issued by Sutton Bank. All Cards are issued by Sutton Bank and distributed and serviced by Rellevate, which may be contacted by phone at 1-866-304-9106 or by mail at Rellevate, 845 Canal Street, 3rd Floor, Stamford CT 06902. By accepting and using this Card, signing the back of the Card, activating the Card or authorizing any person to use the Card, you agree to be bound by the terms and conditions contained in this Agreement. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of Sutton Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. These terms and conditions apply to both the purchaser and any other user of the Card. It is the purchaser’s obligation to provide these terms and conditions to any user; however, new terms and conditions may be provided, or any other questions or concerns answered, by calling 1-866-304-9106.
For purposes of this Cardholder Agreement, Sutton Bank’s business days are Monday through Friday, excluding federal holidays.
- ABOUT YOUR CARD
The Card is a gift Card loaded with a specific amount of funds, redeemable to buy goods and services in the U.S. anywhere Visa is accepted. No additional funds may be added to this Card. In this Agreement “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We”, “us”, “our”, and “Bank” mean Sutton Bank, our successors, affiliates or assignees. The Card is NOT a credit card. The Card is not a checking account or connected in any way to any account other than a stored value account where your funds are held. You will not receive any interest on the funds in your Card.
- USING YOUR CARD
You may use your Card to obtain goods or services wherever the Visa Debit Card is honored. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. Your Card is welcome at millions of locations worldwide where Visa is accepted. Virtual Accounts may be used for electronic commerce, mail order and/or telephone order purchases only and will not be accepted for purchases at physical retail locations.
For security reasons, we may limit the amount or number of transactions you can make on your Card.
The Card cannot be used to obtain cash, for illegal transactions or on-line gambling activity. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
- Deposit Network Services Acknowledgement
By utilizing the services, your beneficial funds may be held at Sutton Bank in an omnibus custodial account (“Omnibus Account”). In its ordinary course of business, Sutton Bank may utilize a “Deposit Network Service” to deposit funds from the Omnibus Account into other FDIC insured banks (“Network Banks”). In the event funds from the Omnibus Account are deposited into Network Banks via the Deposit Network Service, Sutton Bank will deliver funds to a custody bank (“Custodian Bank”) participating in the Deposit Network Service. By utilizing the services, you authorize Sutton Bank to utilize a Deposit Network Service as described.
- SETTING A PERSONAL IDENTIFICATION NUMBER (“PIN”)
To setup a PIN for your card, either go to www.rellevate.com, or call 1-866-304-9106. Choose a PIN that you can remember easily. If you need to reset the Card’s PIN, please call 1-866-304-9106. You will be required to provide information about the Card (account number, expiration date and security code) to reset the PIN.
You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that there has been unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled “Lost or Stolen Cards; Your Liability for Unauthorized Transactions.” CARD ARE NOT ACCEPTED AT ATMS AND CANNOT BE USED TO OBTAIN CASH IN ANY PURCHASE TRANSACTION.
- CHECKING YOUR BALANCE
You should keep track of the amount of value loaded on Cards issued to you. You may obtain information about the amount of money you have remaining in your Card account and recent transaction activity by calling 1-866-304-9106 or visiting www.rellevate.com. It may also be possible to request a written copy of account transactions by calling 1-866-304-9106 or by writing us at Rellevate, 845 Canal Street, Stamford CT 06902 .
- AUTHORIZED USERS
Until you sign or use the card, you may present the Card to another person. You are responsible for all transactions initiated and fees incurred by use of the Card. If you permit another person to have access to the Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.
- AUTHORIZATION HOLDS
You do not have the right to stop payment on any purchase transaction originated by use of your Card. With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.
- RETURNS AND REFUNDS
If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs.
- FOREIGN CURRENCY TRANSACTIONS
If you obtain your funds or make a purchase in a currency other than U.S. dollars, the amount deducted from your Card Account will be converted by the Card Network into U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by the Card Network from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate the Card Network itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a currency other than U.S. dollars, the Bank may assess a foreign currency conversion fee of 3% of the transaction amount and will retain this amount as compensation for its services. Transactions made outside of the 50 United States, the District of Columbia, Puerto Rico, and other U.S. territories may also be subject to this conversion fee even if they are completed in U.S. currency.
If you conduct a transaction in a currency other than U.S. dollars, the merchant, the Card Network or other entity that processes the transaction may convert any related debit or credit into U.S. dollars in accordance with its then-current policies. Mastercard and Visa currently use a conversion rate that is either: (a) selected from a range of rates available in the wholesale currency markets (note: this rate may be different form the rate the association itself receives), or (b) the government-mandated rate. The conversion rate may be different from the rate in effect on the date of your transaction and date it is posted to your account.
You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipt to verify your transactions.
- SPLIT TRANSACTIONS AND OTHER USES
If you do not have enough funds available in your Card account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.
If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself. The ability to use your Card to pay at the pump will vary by merchant. We recommend that you prepay for gas inside at the register to avoid an authorization hold on your funds for more than the purchase amount.
YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON YOUR CARD. If you attempt to use the Card when there are insufficient funds associated with it, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction.
- OBTAINING A REPLACEMENT CARD
The funds on your Card do not expire. The “valid thru” date indicated on the front of your Card is not an expiration date, but is intended primarily to allow your Card to be used with certain Internet or mail/telephone order merchants, where such information may be required. After the “valid thru” date, your available funds will be temporarily unavailable until you contact 1-866-304-9106 for a replacement Card with a new “valid thru” date. You will not be charged a replacement Card fee of $4.95 if you are ordering a replacement Card due to your Card expiring in order to continue accessing unused funds. If your Card still has unused funds on it after your Card expires, you may order a new Card by calling 1-866-304-9106.
- FEE SCHEDULE
RELLEVATE GIFT CARD FEE SCHEDULE
Gift Card Purchase Fee
Per Card Order
Customer Service Calls/ Live Agent
One Call Free, after $1.95 Per Occurrence
Lost / Stolen Card Replacement
*No charge for calls to the IVR
The Gift Card Purchase Fee per Card is paid by the purchaser at the time of the card order.
- LOST OR STOLEN CARDS; YOUR LIABILITY FOR UNAUTHORIZED TRANSACTIONS Contact us at once by calling 1-866-304-9106 if you believe the Card has been lost or stolen. You must provide your name, address, Card number, CID, and other details as requested by us to replace your Card. We cannot assist you if you do not have the Card number or do not provide us with the requested information. If we issue a replacement Card, the replacement Card will have a value equal to the Available Balance on the Card at the time you notified us of the loss or theft. Any Available Balances will be temporarily unavailable until you activate your replacement Card. NO REFUNDS WILL BE PROVIDED FOR AMOUNTS DEBITED FROM THE LOST OR STOLEN CARD BEFORE YOU NOTIFY US. You acknowledge that purchases made with gift card or virtual accounts, such as the Card, are similar to those made with cash. You cannot “stop payment” or “lodge a billing dispute” on such transactions. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant.
- OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS
If we do not complete a transaction to or from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough funds available in your Card account to complete the transaction;
- If a merchant refuses to accept your Card;
- If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
- If access to your Card has been blocked after you reported your Card lost or stolen;
- If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
- Any other exception stated in our Agreement with you.
- NO WARRANTY
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
- AMENDMENT AND CANCELLATION
We may amend or change the terms of this Agreement at any time, subject to applicable law. You will be notified of any change in the manner required by applicable law prior. However, if the change is made for security purposes, we can implement such change without prior notice.
We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
- OTHER TERMS
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Ohio except to the extent governed by federal law.
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: (i) this Agreement; (ii) the Card; (iii) your acquisition of the Card; (iv) your use of the Card; (v) the amount of available funds in the Card account; (vi) advertisements, promotions or oral or written statements related to the Card, as well as goods or services purchased with the Card; (vii) the benefits and services related to the Card; or (viii) transactions on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA
CODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 335 Madison Avenue, New York, NY 10017, or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made finally and exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE. This arbitration provision shall survive:(i) the termination of the Agreement; (ii) the bankruptcy of any party; (iii) any transfer, sale or assignment of the Card, or any amounts owed on the Card, to any other person or entity; or (iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
You may reject this Arbitration provision by sending a written rejection notice to us at: 845 Canal Street, 3rd Floor, Stamford CT 06902. Your rejection notice must be mailed within 45 days after your first card purchase. Your rejection notice must state that you reject the Arbitration provision and include your name, address, Account number and personal signature. No one else may sign the rejection notice. If your rejection notice complies with these requirements, this Arbitration provision and any other arbitration provisions in the cardmember agreements for any other currently open Rellevate Gift accounts you have will not apply to you, except for any claims subject to pending litigation or arbitration at the time you send your rejection notice. Rejection of this Arbitration provision will not affect your other rights or responsibilities under this section or the Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL 1-866-304-9106 TO CANCEL THE CARD AND TO REQUEST A REFUND.
This Agreement is effective January 5, 2021.
This Card is issued by Sutton Bank, Member FDIC, pursuant to license from Visa U.S.A. Inc.