VISA® Gift Card Terms and Conditions
These are your Gift Card Terms and Conditions. Please read them carefully and keep
them for your records. Please sign your card immediately. In these Terms and Conditions,
"Gift Card" and "Card" means the VISA® Gift Cards issued by CenterState Bank of
Florida, NA. "You" and "Your" means the person who has received the Gift Card. "We",
"Us" and "Our" means CenterState Bank of Florida, NA, our successors, affiliates
or assigns. By accepting and using your Gift Card, you are agreeing to these Terms
and Conditions. The Gift Card is neither a credit card nor an FDIC-insured product.
Card Access: The Gift Card is a prepaid card
that can be used at retail establishments that have agreed to accept the Card and
can process VISA® point-of-sale transactions.
Card Limitations: You must have sufficient,
available funds to pay for all Gift Card transactions. If the purchase amount is
greater than the available funds, the difference may be paid for with cash, check
or credit or debit card, subject to the policy of the merchant. If the merchant
attempts to process the Gift Card for more than the available funds, the transaction
will be declined. You may confirm your available balance or transactions 24 hours
a day, seven days a week at
or by calling us toll free at 1-866-244-5360.
You may only use your card in the manner and for the purposes described in these
Terms and Conditions. Certain types of merchants, such as restaurants, gas stations,
car rental agencies, and hotels, may obtain an authorization that exceeds the actual
amount of your purchase. If the amount of an authorization exceeds the value remaining
on your Card, the transactions may not be honored, even though the value remaining
on your Card is sufficient to cover the actual amount of your purchase. The Card
may not be used to obtain cash from automated teller machines (ATMS) or for any
other type of cash advance. Your Card may not be used for illegal transactions or
for any type of pre-authorized transaction such as recurring monthly dues or fees.
Foreign Transactions: If you obtain your
funds (or make a purchase) in a currency other than the currency in which your Card
was issued, the amount deducted from your funds will be converted by VISA U.S.A.
Inc. into an amount in the currency of your Card. The exchange rate between the
transaction currency and the billing currency used for processing international
transactions is a rate selected by VISA U.S.A. Inc. from the range of rates available
in wholesale currency markets for the applicable central processing date, which
may vary from the rate VISA U.S.A. Inc. itself receives, or the government-mandated
rate in effect for the applicable central processing date.
Fees. Your Gift Card will be charged:
1. $5.00 inactivity fee, assessed on the first day of each month after 12 full months
2. $5.00 cash-out or lost-stolen fee (new-card-issuance fee may also apply)
All fees are automatically deducted from your Card balance. If your Card balance
is zero or becomes zero as a result of any fees, the Card will be terminated.
Documentation of Transactions. At the time
of purchase, you will receive a receipt for the transaction. Retain the receipt
for your records.
Disclosure of Information to Third Parties.
We will disclose information to third parties about your Card or a transaction that
you make: where it is necessary for completing the transaction; in order to verify
the existence and condition of your Card; in order to comply with government agency
or court orders; in connection with examinations by banking authorities; for analytical
purposes; if you give us written permission; and as otherwise permitted by law.
Disputes with Merchants. You agree to make
a good faith effort to settle all disputes about purchases you make using your Card
with the merchant who accepted the card.
Your Liability For Card Use. Tell us AT ONCE
if you believe your Card has been lost or stolen. Telephoning is the best way of
keeping your possible losses down. Call us toll free at 1-866-244-5360, 24 hours
a day, seven days a week; write to: Cardholder Services, P.O. Box 550160, Ft. Lauderdale,
FL 33355-0160 or visit www.harlandclarkegiftcard.com. If your Card is used in connection
with an unauthorized transaction that was processed through the VISA® Network, your
liability will not exceed $0 if you report the loss or theft of your Card and,
you do not act grossly negligent or fraudulently in handling your Card.
Disclaimer of Liability. In providing the
Gift Card service to you, we disclaim any duty or responsibility other than those
expressly set forth in these Terms and Conditions.
Expiration. Your Card expires on the expiration
date listed on the front of the Card, or when the entire value has been exhausted,
whichever comes first. After the Card has expired, it is no longer valid. All transactions
will be declined and funds are no longer available. Your Card may be subject to
State law requiring us to turn over remaining funds on your Card to a government
authority after a period of inactivity or dormancy.
Termination. The Card shall remain our property.
We may, at any time and without prior notice, cancel your Card and have you return
the Card to us. You may terminate your Card by returning the Card to us. Termination
of the Card will not affect prior transactions or obligations existing at the time
of termination. Upon termination, we will arrange to send you a check for your remaining
balance, less outstanding transactions and fees, within six to eight weeks.
Amendment. We may amend these Terms and Conditions
by mailing notice to you at your last address on our records at least 21 days prior
to the effective date of any amendment that results in an increased fee or charge,
an increase in your liability, a reduction in Card services, or stricter transaction
Assignment. You may not transfer or assign
your Card rights to any other person without our prior written consent. We may assign
our obligations to you under these Terms and Conditions without your consent or
notice to you.
Severability/No Waiver. If any provision
of these Terms and Conditions shall be deemed unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and
Conditions and shall not affect the validity and enforceability of any remaining
provisions. Our failure to enforce the strict performance of any provision of these
Terms and Conditions will not constitute a waiver of our right to subsequently enforce
such provision or any other provisions of these Terms and Conditions.
Governing Law. These Terms and Conditions,
the Gift Card and all transactions hereunder are subject to the laws of the State
of Florida, the laws of the United States and VISA® rules and regulations.
Notice of Errors. If you think a receipt
is wrong or you have a question concerning a Card transaction, call us toll free
at 1-866-244-5360, 24 hours a day, seven days a week; write to: Cardholder Services,
P.O. Box 550160, Ft. Lauderdale, FL 33355-0160; or visit
as soon as you can. We must
hear from you no later than 60 days after the transaction date and you must provide
the following information: a) your name and Gift Card number; b) a description of
the error or the transaction you are unsure about, and an explanation as to why
you believe it is an error or why you need more information c) the dollar amount
of the suspected error. If you tell us orally, we may require that you send us your
complaint or question in writing within 10 business days.
Arbitration. Any controversy or claim arising
out of or relating to these Terms and Conditions or the provision of services shall
be settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim shall
be arbitrated on an individual basis and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall be conducted
in the State of Florida, and judgment on the arbitration award may be entered in
any court having jurisdiction thereof. Either you or we may seek any interim or
preliminary relief from the court of competent jurisdiction in the State of Florida
necessary to protect the rights or property of you or us (or our agents suppliers,
and subcontractors) pending the completion of the arbitration.