2TOP CARD, INC. CARDHOLDER AGREEMENT
TERMS AND CONDITIONS/DEFINITIONS FOR 2TOP CARD
IMPORTANT – PLEASE READ CAREFULLY
This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which the Linx Prepaid Card (“Linx Card”) has been issued to you by Linx Card Inc. (“Linx”). Linx provides support, administration and marketing services for the Card. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement.
“Card Account” means the records we maintain to account for the values associated with the Card.
“Account Number” means the 9-digit number used to identify your Card Account. “Card Id” is the unique 16-digit pre-printed number on the back of your Card.
“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,” and “our” mean Linx, our successors, affiliates or assignees.
“Linx Card” means the Linx Prepaid Card.
You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded onto the Card Account or have been loaded onto the Card Account on your behalf. There is no expiration date for your Linx Card. The Linx Card is strictly a prepaid card. The Linx Card is not connected in any way to any other account you may have. The Linx Card is not a credit card. Resale of the Linx Card is prohibited. You will not receive any interest on any funds in the Card Account. The Linx Card will remain the property of Linx and must be surrendered upon demand. The Linx Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Linx Card is not designed for business use, and we reserve the right to close your Card Account if we determine that it is being used for business purposes. We reserve the right to refuse to process any transaction that we believe may violate the terms of this Agreement.
Our business days are Monday through Friday, excluding federal holidays. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.
Write down your Card Number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep this information in a safe place. Please read this Agreement carefully and keep it for future reference.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that
identifies each person who uses a Card Account. What this means for you: When you use a Card Account, we will ask for your name, and other information that will allow us to identify you, including but not limited to an approved form of U.S. Federally issued identification or State issued driver’s license.
Activativating Your Linx Card
You do not need to activate your Linx Card before it can be used. You activate your Linx Card by use. You will need to provide personal information in order to verify your identity during each transaction.
Personal Identification Number
You will not receive a Personal Identification Number (“PIN”) with your Linx Card. You should treat your Linx Card as if it is cash. To load initial funds or add value to your Linx Card, you may do so online at www.linx.us
Authorized Linx Card Users
You are responsible for all authorized transactions initiated and fees incurred by use of your Linx Card. If you permit another person to have access to your Linx Card or Linx Card Number, we will assume that 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 Linx Card according to the terms and conditions of this Agreement.
Your Representations and Warranties
By activating the Linx Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 21 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States or the District of Columbia; (iii)); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) by use you accept a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Linx Card.
Loading Your Linx Card
You may add funds to your Linx Card, called “value loading or reloading”, at any time. The minimum amount of the initial value load is $10.00. There is a $3.00 load fee for each value load transaction and you expressly agree to this load fee each time you value load or reload your Linx Card. The minimum amount of each value reload is $10.00. There are no limits on the number of times you may value load your Linx Card. However, you may not value load more than $500.00 per day or $2,500.00 per month or have an outstanding balance at any one time greater than $1,000. Please refer to the Usage Limits section for more information.
For purposes of the limits on value loading, your value loads are aggregated with any other Cards you have authorized, via cash load online or at a Linx Pay Network Retailer. You will have access to your funds immediately after a cash load. You may find additional information on how to initiate a value load, where to load your Card and the timeframe for each loading method by visiting www.linx.us. Personal checks, cashier’s checks, and money orders sent to Linx are not an acceptable forms of value loading. All checks and money orders sent to Linx for value loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Linx Card at our discretion.
Using Your Linx Card
The maximum amount that can be spent on your Linx Card per day and the maximum value on the Linx Card can be found under the Usage Limits section.
If you use your Linx Card ID without presenting your Linx Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Linx Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Linx Card. Your Linx Card cannot be redeemed for cash.
Each time you use your Linx Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable load or other fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Linx Card, you will remain fully liable to us for the amount of the transaction and any applicable fees.
You do not have the right to stop payment on any purchase or payment transaction originated by use of your Linx Card.
Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Linx Card, you agree to accept credits to your Linx Card for such refunds and agree to the refund policy of that merchant. Linx is not responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Linx Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.
Linx Card Replacement
If you need to replace your Linx Card for any reason, please contact us at 1-866-420-2864 to request a replacement Linx Card. You will be required to provide personal information which may include your Linx Card ID, full name, transaction history, copies of accepted identification, etc.
Transactions Made In Foreign Currencies
All transactions are performed in U.S. dollars; no foreign currencies are supported by Linx or the Linx Card.
You should get a receipt at the time you make a transaction using your Linx Card. You agree to retain, verify, and reconcile your transactions and receipts.
Card Account Balance
You are responsible for keeping track of your Card Account available balance. Merchants generally will be able to determine your available balance and issue you a receipt showing that balance upon making a purchase. You should know your available balance before making any transaction.
You may obtain information about the amount of money you have remaining in your Card Account by calling (866) 420-2864. This information, along with a sixty (60) day history of Card Account transactions, is available online at www.linx.us. You have the right to obtain a sixty (60) day history of Card Account transactions by calling (866) 420-2864 Please note there is a fee for this service. You will not automatically receive paper statements.
Fees and Limitations
All fee amounts, including, without limitation, the $3.00 value load fee, will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. NOTE: Fees assessed to your Card Account balance may bring your Card Account balance negative. Anytime your Card Account balance is less than the fee amount being assessed on your Card Account, the balance of your Card Account will be applied to the fee amount. THIS WILL RESULT IN A NEGATIVE BALANCE ON YOUR CARD ACCOUNT. If that occurs, funds subsequently deposited or loaded into your Card Account will first be applied to the negative balance.
Monthly Transaction and Card Balance Limit
Card loading and redemptions at Linx Pay network merchants are limited as follows:
1. $500.00 per day
2. $2,500.00 per month
3. $1,000 maximum balance at any one time in the Card Account
We may disclose information to third parties about your Linx Card or the transactions you make:
1. Where it is necessary for completing transactions;
2. In order to verify the existence and condition of your Linx Card for a third party, such as merchant;
3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;
4. If you consent by giving us your written permission;
5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
6. Otherwise as necessary to fulfill our obligations under this Agreement.
Our Liability for Failure to Complete Transactions
If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for any reasonable, forseeable and directly attributable losses or damages limited to your then current Linx Card balance. However, there are some exceptions. We will not be liable, for instance:
1. If through no fault of ours, you do not have enough funds available on your Linx Card to complete the transaction;
2. If a merchant refuses to accept your Linx Card;
3. 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;
4. If access to your Linx Card has been blocked after you reported your Linx Card lost or stolen;
5. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
6. If we have reason to believe the requested transaction is unauthorized;
7. 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
8. Any other exception stated in our Agreement with you.
Your Liability for Unauthorized Transfers
Contact us at once if you believe your Linx Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Linx Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at(866) 420-2864. Under Linx Card Operating Regulations, your liability for unauthorized transactions on your Card Account is limited if you are not grossly negligent or fraudulent in the handling of your Linx Card. This reduced liability applies if you notify us within two (2) business days of any unauthorized transactions, you can lose no more than $50.00 if someone used your Linx Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Linx Card and we can prove that we could have stopped someone from using your Linx Card without your permission if you had promptly notified us, you could lose as much as $500.00.
Also, if you become aware of and/or your online statement shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled, “Information About Your Right to Dispute Errors.” If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are negligent or fraudulent in the handling of your Linx Card. If your Linx Card has been lost or stolen, we will close your Card Account to minimize losses.
Other Miscellaneous Terms
The Linx Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Linx 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 Delaware except to the extent governed by federal law.
Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time. We may cancel or suspend your Linx Card or this Agreement at any time. You may cancel this Agreement by returning the Linx Card to us. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to cancellation. In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you. Linx reserves the right to refuse to return any unused balance amount less than $1.00.
Information About Your Right to Dispute Errors In case of errors or questions about your electronic transactions, call (866) 420-2864. Attention: Disputes. If you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You may report an error up to sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at (866) 420-2864
You will need to provide the following information:
1. Cardholder name and Linx Card ID
2. Description of the error and dollar amount
3. Date of transaction in question
If you provide this information orally, we will require that you send 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 we need more time, however, 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 Card within ten (10) business days for the amount you think is in error, so that you will have access to the funds during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Linx Card.
We will disclose the results to you within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at (866) 420-2864. If you need more information about our error-resolution procedures, call us at the telephone number shown above.
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
For customer service or additional information regarding your Card, please contact us at [email protected] or by calling customer care at (866) 420-2864.
Telephone Monitoring and Recording
Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Linx Card; iii) the Linx Cards of any additional cardholders designated by you; iv) your purchase of the Linx Card; v) your usage of the Linx Card; vi) the amount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to the Linx Cards, as well as goods or services purchased with the Linx Card; viii) the benefits and services related to the Linx Cards; or ix) transaction on the Linx 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).
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 this Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Linx Card, or any amounts owed on your Linx Card, to any other person or entity; or iv) expiration of the Linx 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 (866) 420-2864 TO CANCEL YOUR 2TOP CARD AND TO REQUEST A REFUND.
This Agreement is effective October 1, 2015