Terms and Conditions
This document constitutes the agreement “Agreement” outlining the terms and conditions under which a MAP Visa® Prepaid Gift Card has been issued to you by TwinStar Credit Union, member NCUA. By accepting using or allowing someone to use the Card, you agree to be bound by the terms and conditions of this Agreement. Please read this Agreement carefully and keep it for future reference. For your convenience some information and documents may be provided in Spanish; however, most customer correspondence and other important items, including the Terms and Conditions, are provided only in English.
“Agreement” means these Terms and Conditions.
“We” “us” “our” and “TSCU” refer to TwinStar Credit Union, the issuer of this card.
“You” and “your” refer to the person who has obtained a Card from us.
“Card” means the MAP Visa ® Prepaid Gift Card. The Card does not constitute a checking, savings or other banking account and is not connected in any way to any other account. The Card is not a credit card. You will not receive any interest for funds on the Card. The Card is not redeemable for cash.
Our “Business Days” are Monday through Friday; Federal holidays are not included.
“State” means the State of Washington.
“MAP” means Member Access Pacific, LLC, the third party that administers the Card program. MAP provides certain support and marketing services for the Card.
“POS” means Point of Sale.
“Card Value” means the dollar value that is available from time to time for you to access by use of the Card.
“PIN” means the personal identification number which may be required in certain circumstances to access Card Value or use the Card.
“Credentials” mean User ID, tokens and/or passwords associated with the Card.
“Authorized User” means any person you give access to your Card, PIN or Credentials.
We agree to maintain the Card for you and to perform according to this Agreement. By obtaining a Card from us, by using the Card or by permitting anyone else to use the Card, you agree to the provisions of this Agreement, which is subject to amendment upon notice by us to you, and further agree that this Agreement is binding on your successors, representatives and assignees.
Ownership and Use of the Card
The Card is and will remain our property. However, you will be solely and completely responsible for the possession, use and control of the Card. You must surrender the Card to us immediately upon request. The Card may not be used for Internet lottery, betting, or gambling transactions or for any illegal transactions.
Any person you give access to your Card, PIN or Credentials is an Authorized User. To the extent permitted by law, you are liable for all transactions arising from the use of the Card or access to the Card Value by an Authorized User, even if that person exceeds the authority. It is your sole responsibility to revoke permission of any Authorized User previously authorized. Failure to notify us of such revocation may limit any recourse. If you tell us to revoke another person’s use of your Card we may revoke your Card and issue a new Card to you with a different number.
Your PIN and Credentials
You need a 4-digit personal identification number (“PIN”) for use with the Card to perform any transactions at a POS terminal. We may, at our option, give you or allow you to obtain a PIN. You authorize us to follow any instructions entered through use of the Card with or without the PIN. Because the Card, PIN and Credentials can be used to access money on the Card and to access information about the Card, you agree to treat the Card, PIN and Credentials with the same degree of care and secrecy that you use to protect other sensitive financial data, but not less than reasonable care. You should not write or keep your PIN or Credentials with the Card. Never disclose you PIN or Credentials to anyone. If you forget your PIN or Credentials or believe that anyone has gained unauthorized access to your PIN or Credentials, you should advise us immediately following procedures in Lost or Stolen Card or Unauthorized Transfers
The Card Value is limited to the funds that have been loaded onto the Card. The Card Value will decrease each time you use the Card to make a purchase, pay bills, or move funds to another account, and each time a fee is charged against the Card Value in accordance with provisions in Service Charges for Transfers; Fees and Penalties. You are not allowed to exceed the Card Value. If a transaction exceeds the balance of funds available on your Card (creating a “Negative Balance”) you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges. You agree to pay us promptly for the Negative Balance and any applicable Negative Balance fees. You are not entitled to receive, and we do not pay, any interest on the Card Value.
You should get a receipt at the time you make a transaction using your Card. You agree to retain your receipts to verify your transactions.
Each Card shall have an expiration date displayed on the front of the Card. Cards will not automatically renew upon expiration. Upon Expiration, the Card will no longer be valid and all funds associated with the Card will no longer be accessible.
Honoring Transactions; Negative Balances
We will honor all transactions initiated or authorized by you or the Card holder. We shall dishonor a transaction when the Card has an insufficient balance to cover such transaction. We may dishonor a transaction for Internet lottery, betting, or gambling transactions or for any illegal transactions.
Please be advised that there are certain types of merchants that sell goods or services where the final amount the merchant will charge to the Card is unknown at the time the merchant first accepts the Card. Typical merchants in this category include gas stations (“pay at the pump”), rental car companies, hotels, Internet service providers, certain time-based or variable cost merchants and others where the final purchase amount is not known up front. Therefore, the Card may be “authorized” or have “funds held” for more than the actual amount of the purchase until the final transaction is complete, which means that those “authorized dollars” are not available for you to spend elsewhere. Furthermore, transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or a “hold” on your available balance for up to ninety (90) days, which means you will not have access to the authorized dollar amount of these funds during that entire time. This is done to prevent fraud by Card users who may incur transaction amounts in excess of the amount first approved. Please note that we cannot manually release legitimate authorizations.
If the amount of any authorization exceeds the value remaining on your Card, your transaction shall not be honored, even though the value remaining on your Card is sufficient to cover the actual amount of your purchase.
Types of Available Transfers
In order for you to make purchases via mail order, phone order, or via Internet, you must first register your card. You or an Authorized User may use the Card and/or PIN to:
Pay for purchases or services at places that accept Visa
Make balance inquiries on the Card.
Some of these services may not be available from us at all times or at all terminals at all times.
Limitations on Transfers
All debits are limited to the Card Value. Certain daily limits exist on
the frequency, amount and timing of transfers you may arrange with third parties or make from POS terminals with the Card, PIN or Credentials
There may be other limitations on the types, frequency, timing and amount of purchases or transfers established by us from time to time, without notice, for security purposes.
Our Obligation for Failure to Make Transfers
If we do not complete a transfer to or from the Card on time and in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
If, through no fault of ours, you do not have enough money on the Card to make the transfer. This shall include an insufficient balance due to our disclosed fees set forth in the Fee Schedule.
If the terminal or system was not working properly.
If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
The rate of exchange for international transactions using the Card is calculated using a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. We may also charge an International Transaction Fee as stated in the Fee Schedule.
Our Right of Offset
We have the right to offset against the Card for any indebtedness owed by you to us, whether individually or jointly owed. We may offset against the Card either before or after your death and without demand or notice to you. This includes the right to debit any fees assessed in accordance with these Terms and Conditions.
Our Security Interest in the Card
You grant a security interest in the Card to us and our affiliates for any and all indebtedness owed by you to us or to our affiliates, however and whenever incurred or evidenced. Such security interest is not in derogation or substitution of our right to offset against the Card.
General Notice of modifications to this Agreement shall be posted in a manner provided by applicable law and shall take effect after thirty (30) days. It is your responsibility to monitor the website for any changes. Notices to you from us will be effective upon mailing to the last known address or email address shown by our records or as otherwise provided in this Agreement. However, if the change is made for security purposes, we can implement such change without prior notice.
Notices from you to us will be effective upon our receipt and reasonable time to process.
Cancellation of the Card; Terminating Access
We may cancel, repossess or revoke the Card or terminate electronic access to the Card with or without cause and without prior notice to you subject to applicable law.
Documentation of Transfers
You can get a receipt at the time you make any transfer from the Card using a POS terminal. Card activity and Card Value will be available electronically. The Card Value at any time shall be determined by us from our books and records of transactions. Such information can be obtained at MAP-Gift.com.
A monthly Card statement will be made available to you electronically, showing Card activity and Card Value. A statement is deemed made available to you when such statement or notice of the availability of the statement is electronically transmitted as shown by our records for the Card or as otherwise agreed. You also have a right to obtain a 60-day written history by contacting us 1-800-711-1806 (fees may apply). You will be assessed a fee for each such request you make as stated in the Fee Schedule. In the event an electronic or paper statement is returned to us, then each subsequent statement is deemed made available to you at the time we would have produced such statement. Receipts and statements will constitute admissible evidence.
Ownership and Withdrawal Disputes
If ownership of or the right to use the Card becomes in dispute for any reason, in our discretion, we may refuse to authorize transactions or refund any portion of the balance until the dispute is settled.
Service Charges for Transfers; Fees and Penalties
We will charge the Card for transactions and service charges according to this Agreement, which may be modified by us from time to time. You agree to pay the fees and penalties assessed by us according to this Agreement. (Please see the Fee Schedule provided with your Card at the time of purchase.) All fees and penalties (when applicable) will be automatically assessed against the Card Value, and you will be responsible for any deficiency. You understand and agree that federal law governs financial institutions as to the fees charged by financial institutions for their services. Any Card business transacted at a merchant or financial institution will be governed by this Agreement. You may be charged an additional fee or surcharge by the owner of the POS terminal for its use.
Your Duties and Liabilities
You agree to examine each statement (and enclosures) and any Card information provided to discover any unauthorized transactions or errors, and you agree to notify us without delay by calling 1-800-711-1806 (fees may apply). We may ask that you submit your discovery in writing. You agree to make timely claim against all applicable policies of insurance and, if requested by us, to file a police report. You agree not to assign to any third party any claim of yours against us relating to any transaction, and any such assignment shall be void.
No Warranty Regarding Goods or Services as Applicable
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
Lost or Stolen Card or Unauthorized Transfers
Tell us AT ONCE if you believe your Card, PIN or Credentials have been lost or stolen or that someone has moved or may move funds from the Card without your permission. Telephoning us at 1-800-711-1806 (fees may apply) is the best way of keeping your possible losses down. You may be liable for unauthorized use of your Card.
If you tell us within two business days after you learn of the loss or theft of your Card, PIN or Credentials, you can lose no more than $50 if someone used your Card, PIN or Credentials without your permission. If you do not tell us within two business days after you learn of the loss or theft of your Card, PIN or Credentials, and we can prove that we could have stopped someone from using your Card, PIN or Credentials without your permission if you had told us, you could lose as much as $500.
Any unauthorized use does not include use by a person to whom you have given authority to use the Card, PIN or Credentials. You will be liable for all such uses by such person.
You will generally not be liable for unauthorized use that occurs after you notify us of the loss, theft, or possible unauthorized use.
In Case of Errors or Questions About Your Electronic Transfers
If you think an error has occurred in your Card account or if you need more information about a transfer listed on the Card statement or receipt telephone us at: 1-800-711-1806 (fees may apply) as soon as you can. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. You may request a written history of your transactions at any time by calling us at 1-800-711-1806 (fees may apply). You need to tell us:
Your name and Card number.
The error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
The dollar amount of the suspected error.
The date, time and location of the suspected error.
If you tell us orally, we will require that you send us a confirmation of your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 calendar days (or 90 calendar days for a new account, Point of Sale transaction or a transaction initiated outside the U.S.) to investigate your complaint or question. If we decide to do this, we will provisionally credit the Card within 10 Business Days (or 20 Business Days for a new account) for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we do not receive your complaint or question in writing within 10 Business Days, we may not credit the Card.
We will tell you the results within 3 Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation and reverse any provisional credit. You may ask for copies of the documents that we used in our investigation.
If you need more information about our error-resolution procedures, call us at 1-800-711-1806 (fees may apply) or visit MAP-Gift.com
The balance on the Card may become unclaimed funds escheatable to the State if, as shown by our records, you have not, within the statutory period, caused any activity or received any payments with regard to the Card, corresponded with us concerning the Card, or otherwise indicated an interest in the Card as evidenced by a writing on file with us or business transacted with us.
Disclosure of Card Information
We may disclose information about the Card or the transfers made to third parties:
Where it is necessary for completing transfers, or
In order to verify the existence and condition of the Card for a third party such as a credit bureau or merchant, or
In order to comply with government agency or court orders, or
If we cancel the Card due to a deficient balance or to protect or enforce our legal rights, or
If granted permission and/or requested by you, or
If we otherwise deem appropriate, to the extent permitted by law.
Credit Bureau Reporting Notice
You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a consumer (credit) reporting agency, such as ChexSystems, if you fail to fulfill the terms of your obligations under this Agreement. If you believe that we have information about you that is inaccurate or that we have reported or may report to a credit reporting agency information about you that is inaccurate, please notify us of the specific information that you believe is inaccurate by contacting us at 1-800-711-1806 (fees may apply).
From time to time, we may monitor and/or record telephone calls between you and us.
Failure by us to exercise any of our rights under this Agreement shall not be a waiver of any of our rights.
Limitation of Liability
You agree that in performing the duties imposed under this Agreement in no event will we be liable for any consequential, indirect or special damages.
We will have no liability for any delays or failure of performance caused in whole or in part by fire, labor disputes, power failures, acts or omissions of civil authorities, civil disturbances, computer malfunction, or any causes beyond our control.
Attorneys’ Fees and Costs
Except as may be provided in the Arbitration section of this Agreement, you agree to pay all costs incurred by us, 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 law.
This Agreement will be governed by federal law and where not in conflict with federal law, the laws of the State of Washington, without regard to conflict of law principles.
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) the Cards of any additional cardholders designated by you; iv) your purchase of the Card; v) your usage of the Card; vi) the amount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; viii) the benefits and services related to the Cards; or ix) transaction 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 when you initially activated your card.
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 these organizations, contact them as follows: AAA, at 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 final 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 your Card, or any amounts owed on your 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.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL US AT 1-800-711-1806 TO CANCEL YOUR CARD AND TO REQUEST A REFUND.
In the event that one or more provisions of this Agreement shall for any reason be held invalid or illegal, such holding will not affect the enforceability of any other provision.
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.