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These are the terms and conditions that apply to your Alpine Bank Instant Issue Gift Card. Please read them carefully and keep them for your records. Please sign your Card immediately. By accepting and using your Card you agree to be bound by these Terms and Conditions. In these Terms and Conditions, Alpine Bank Visa Instant Issue Gift Card means the Gift Cards issued by Alpine Bank. “You” and “Your” means the person who has received the Card account. “We”, “Us”, and “Our” means Alpine Bank, our successors, affiliates or assigns. “Business days” are Monday through Friday, and “Business Hours” are 24 hours a day, 7 days a week.
The Card is a prepaid card access device that can be used at retail establishments that have agreed to accept Visa branded cards. The value of all cards is held in an aggregate account and there is no FDIC insurance to your benefit. The Card is non-reloadable and cannot be reused.
Be careful with your Card. The Card is like cash. It may be used without a Personal Identification Number (PIN) to make purchases. If you lose your Card, someone may be able to use all the remaining value.
Agreement; Amendments
We agree to maintain the Card for you and to perform according to this Agreement. By signing, activating, or 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, and you further agree that this Agreement is binding on your successors, representatives and assigns. We may from time to time adopt new or amended provisions of this Agreement, which will be effective after notice has been posted on our website as indicated on the back of your Card or as otherwise permitted by law. Provisions changed pursuant to bank regulatory authority shall be effective pursuant to such regulation without further notice.
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. Pursuant to federal law governing transactions with sanctioned countries, you may not be able to complete transactions with or in countries as determined by the United States Department of the Treasury’s Office of Foreign Assets Control.
Card Activation
Your card will be activated at the time of purchase and ready for use immediately. A PIN will NOT be issued and is NOT needed to use the card for purchases. If you authorize someone else to use your Card, you will be responsible for any transactions initiated by such person ward.
Types of Available Transfers and Limits on Transfers
Card Access
You may use your Card to pay for purchases at retail establishments that have agreed to accept the Card, and are equipped with a point-of-sale terminal that can process Visa transactions. If you permit someone else to use your Card, we will treat this as if you have authorized this person to use your Card and you will be responsible for any transactions initiated by such person with your Card. Upon any purchase via a point-of-sale (POS) device, mail order, telephone order or other purchase transaction, the amount available on the Card will be reduced by the amount of such withdrawal or purchase. You may use your Card only in the manner and for the purposes authorized by these Terms and Conditions. You do not have the right to stop payment or seek a refund on any point-of-sale transaction originated by use of your Card. You are responsible for all authorized transactions initiated by use of your Card.
You or your authorized user must contact us at once if you believe your Card has been lost or stolen. You agree that if you give your Card to someone else to use, you are authorizing that person to act on your behalf and you will be fully responsible for any and all use of the card by that person.
Pre-authorized Transfers
You may not make pre-authorized regular payments through the use of your Card.
Limitation on Frequency of Transfers/Cash Transactions
Your use of the Card at a retail establishment using a point-of-sale terminal is unlimited. You may obtain up to $500.00 in cash from financial institutions that accept Visa branded cards for cash advance transactions. Applicable fees for these types of transactions will be charged to your card as described in the Schedule of Fees and Charges.
Charges For Transfers or Right to Make Transfers
Any applicable fees or charges will be charged to your Card. See the Schedule of Fees and Charges below for more information. If you use your Card to make a purchase or access cash greater than the remaining balance, you must tell the merchant before completing the transaction. The merchant will require payment for the excess by cash or credit. In any case where you are given value through the Card greater than the remaining balance, you will pay us on demand the amount by which your transactions exceeded the amount stored on the Card plus any charge for excessive use as listed in the Fees and Charges.
Bank’s Liability For Failure to Make Transfers
If we do not complete a transaction arising from the use of your Card on time or in the correct amount according to our Agreement with you, which we reasonably should have been able to complete, we will be liable for your losses or damages, subject to certain exceptions. We will not be liable, for instance:
- If through no fault of ours, you do not have enough money on your Card to cover a transaction; or
- If the terminal or system was not working properly; or
- If circumstances beyond our control (such as flood or fire) prevent the transaction, despite reasonable precautions that we have taken; or
- For any transfer which would be in violation of this Agreement.
Special Usage Situations
Restaurants and hotels may authorize your Card for 10% to 20% more than the purchase amount in order to cover any anticipated gratuity or incidental hotel charges. Because this authorization may be greater than the balance available on your Card, it is possible that your Card may be declined. In addition, to use your Card at a gas station, you must pay inside because your Card cannot be used at the pump. If needed, you may request a “split transaction” from a merchant to pay for any remaining balance exceeding the available balance on your Card. For example, if you wish to make a $20 purchase, but only have $15 remaining on your Card, you may use your Card to pay $15 and pay the remaining $5 balance by other means such as cash, check or credit card.
Conversion to U.S. Dollars
The exchange rate between the transaction currency and the billing currency used for processing international transactions is 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, plus 1%.
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. We will not be liable for any dishonor of a transaction that results.
Our Security Interest in the Card
You grant a security interest in the Card to us 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.
Notices
Notices from you to us will be effective upon our receipt and reasonable time to process. Notices to you from us will be effective upon mailing to the last known address shown by our records or as otherwise provided in this Agreement.
Documentation of Transactions
The Cardholder can get a receipt at the time the Cardholder enters into any transaction using the Card at a POS terminal. 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, we, in our discretion, may refuse to authorize transactions or refund any portion of the balance until the dispute is settled.
Card is Not Transferable
Any rights in the Card are not transferable except in accordance with applicable federal regulations. No assignment, encumbrance or other transfer of the Card will be valid unless our written consent has first been obtained and a memorandum thereof is entered on our records.
Card Expiration/Termination; Refund
The Card shall expire and no longer be valid for use upon the expiration date on the face of the Card; provided, no Card shall expire sooner than twelve (12) months from the date of issue. However, prior to the expiration date, we may terminate your use of the Card at any time and for any reason without prior notice to you. Upon expiration or termination, you may claim any portion of the unused monetary value of the Card by writing to us at Bankcard Services, P.O. Box 1481, Madison, WI 53701, for a refund of the remaining funds, less applicable fees. The refund will be sent to you unless prohibited by law, at your address on our Card records, or, if there is no address on our Card records, at the address you provide in your letter. See Schedule of Fees and Charges for applicable fees.
Card Balance; No Periodic Statement
To learn the amount of unused monetary value available with your Card, or for other information regarding your Card, you may call the number provided on the back of your card for assistance 24 hours a day, 7 days a week. Additionally, you may obtain the amount of the unused monetary value via www.alpinebank.com. We will not issue any periodic statement showing transactions performed or the unused monetary value left on your Card. However, if you make a request in writing to us and include your Card address where you would like the transaction summary sent, we will send you a written summary of transactions made with the Card.
Schedule of Fees and Charges
You agree to pay the fees and charges assessed by us according to this Agreement. All fees and charges (when applicable) will be automatically assessed against the Card, and you will be responsible for any deficiency. You acknowledge and agree that we may use our sole discretion in determining the amount of the fees charged, all fees and charges mentioned in this Agreement are related to the costs of providing you with a service. Since our costs change over time, our fees and charges may also vary. Accordingly, all fees and charges are subject to being changed by us at any time. Notice of these changes will be given by mail to you at the most recent address that we have for you. The changes will be effective upon mailing of notice unless otherwise provided by state or federal law.
Cash Advance Fee $5.00
This is a fee that will be imposed each time you obtain a cash advance from a financial institution that accepts Visa branded cards.
Monthly Fee $2.50
This is a monthly fee that will be imposed against any unused monetary value each month. This fee is waived for the 6 months after the Card is activated.
Expired Card Fee $10.00
This is a monthly fee that will be imposed against any unused monetary value each month after the Card has expired. This fee commences at the expiration date.
Replace/Reissue Fee $10.00
This is a fee that will be imposed to reissue a Card against any unused monetary value when reported lost, stolen or damaged. Cards are delivered by regular mail; express shipment available at the then current fee.
Refund Processing Fee $10.00
This is a fee that will be imposed for processing the return by check of any unused monetary value upon the expiration of the Card.
Use of Card in Excess of Amount Stored $25.00
This is a fee that will be imposed each time you use your card for more than the value of the Card.
Telephone Inquiry Fee $0.50
This is a fee that will be imposed for each inquiry by telephone for balance or trans-action information. You may receive two balance inquires per month via telephone at no charge. Card balance inquiries can also be obtained via www.alpinebank.com at no charge. Other fees may apply and will be disclosed when service is provided.
Electronic Fund Transfers Disclosure Statement
Since this Card is not a deposit account, the Alpine Bank Instant Issue Gift Card is not subject to the provisions of the Electronic Fund Transfer Act and/or Regulation E.
Telephone Number and Address for Notification in Event of a Lost Card or Unauthorized Transfer
Tell us AT ONCE if your Card has been lost or stolen. If you believe your Card has been lost or stolen, or if you believe there has been an unauthorized transfer, call or write to us through our processor at the telephone number and address listed as follows: Bankcard Services, P.O. Box 1481, Madison, WI 53701 Customer service representatives are available at 1-866-490-0644, 24 hours a day, 7 days a week. (They provide services 365 days per year.)
Your Liability for a Lost Card or Unauthorized Transfers
Telephoning us is the best way of keeping your possible losses to a minimum. You may also write us at the address listed above. If you tell us within two (2) business days after you discover the loss or theft of your Card or an unauthorized transfer, you will not be liable for any losses resulting from the use of your Card without your permission. If you do not tell us within two (2) business days after learning of the loss or theft, you may be liable for up to $50 if someone used your Card without your permission.
Error Resolution Procedures
In case of errors or questions about transactions arising from the use of your Card or if you think your receipt is wrong or if you need more information about a transfer listed on the receipt: Call us at 1-866-490-0644, or write us at Bankcard Services, P.O. Box 1481, Madison, WI 53701 as soon as you can. We must hear from you no later than 60 days after the date of the transaction in question and you must provide the following information:
- Your name and Card number;
- A description of the error or the transfer you are unsure about, and an explanation as to why you believe it is an error or why you need more information; and
- The dollar amount of the suspected error.
If you tell us orally, we may require that you send your complaint or question in writing within ten (10) business days. Generally, we will tell you the results of our investigation within ten (10) business days after we hear from you and will promptly correct any errors. If we need more time, however, we may take up to 45 calendar days to investigate your complaint or question. If we decide to do this, we will re-credit your Card within ten (10) business days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not re-credit your Card. If notice of an error involves a transaction that was not initiated in the United States, the District of Columbia, or the Commonwealth of Puerto Rico, or involves a transaction resulting from a point-of-sale.
debit transaction, or occurred within 30 days after the Card was issued, the applicable time period for completing an investigation will be 90 calendar days in place of 45 calendar days. A written explanation will be sent to you within three (3) business days after the investigation of the alleged error has been completed. You may ask for copies of documents that we used in our investigation.
Address of Card Purchaser
The address associated with your Card will be the address you provided us upon purchase of the Card. However, if the user is other than the purchaser of the Card, the user will need to update the address information on-line at www.alpinebank.com to receive information regarding the Card or to report the Card lost or stolen.
Disclosure of Information to Third Parties
You agree that we will disclose information to third parties about your Card or the transaction you make:
- Where it is necessary for completing the transaction; or
- In order to verify the existence and condition of your Card; or
- In order to comply with government agency or court orders or as otherwise required by law or in connection with examinations by banking authorities; or
- For analytical purposes; or
- If we conclude that disclosure is necessary to protect you or the interests of the Bank; or
- If you give us permission.
Unclaimed Funds
The balance remaining on your Card may become unclaimed funds escheatable to the state pursuant to Colorado law, if, as shown by our records, you have not, within the applicable statutory period, requested refund of unused funds on your expired Card, corresponded with us concerning the Card, or transacted any business on the Card. If that occurs, the funds will escheat to the state pursuant to Colorado law.
Waiver
Failure by us to exercise any of our rights under this Agreement shall not be a waiver of any of our rights.
Severability
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.
Limitation of Liability
Our liability shall be limited to the amount of a failed transaction. In no event will we be liable for more than the dollar value remaining on the card at the time of the transaction in question. Additionally, in no event will we be liable for any consequential, indirect or special damages.
Governing Law/Venue/Attorney’s Fees/Waiver of Jury Trial
This Agreement will be governed by the laws of the United States and the laws of the state of Colorado, without regard to conflict of law doctrine principles. The venue for any litigation arising out of this Agreement shall be the courts of Garfield County. The prevailing party in such litigation shall be entitled to an award of reasonable attorney’s fees. Neither party shall be entitled to a jury, and any litigation shall be tried by the court.
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