Chase Gift Card Agreement
This agreement (the “Agreement”) sets forth the terms and conditions between you and JPMorgan Chase Bank, N.A. governing the issuance and use of the Chase Visa® Gift Card (the “Card”). By signing, using or permitting anyone to use this Card, you agree to the terms and conditions of this Agreement and, if you purchased this Card for another person, you further agree to provide this Agreement to that person. The terms “we,” “us,” and “our” mean JPMorgan Chase Bank, N.A. and “you” or “your” mean the person who purchased the Card from us, anyone receiving the Card and anyone using the Card.
1. Activation, Card Registration & Important Information
- Activation: In order to use the Card, you must activate the Card by calling us at 1.866.466.0079. When you activate the Card, we will provide you with a Personal Identification Number (“PIN”) for you to use if you select “Debit” (see Section 3 below) when you make a Card purchase. If you prefer, you can select your own four digit PIN when you call to activate the Card.
- Card Registration & Important Information: You agree to (1) register the Card at www.chase.com/GiftCard, (2) keep a record of your Card number, (3) sign the back of your Card in permanent ink, and (4) keep a copy of this Agreement and the information provided with your Card for reference. The registration of the Card is necessary to replace your Card if it is lost, stolen or damaged, to make claims if you have unauthorized purchases, to make purchases by phone, mail or the Internet, and to receive notices of any amendments to the Agreement as described in Section 12.
2. Description of the Card
The Card is a prepaid Visa “debit” card issued by us. You agree that no additional value can be added to the Card; you will not resell the Card; the balance cannot be pledged or assigned as collateral for any obligation; and it expires on the date embossed on the Card. You agree that the Card is our property and you will surrender it to us upon our request. The Card balance is considered a deposit and is subject to FDIC insurance.
3. Debit or Credit?
A merchant may ask you if your Card purchase is “Debit” or “Credit.” You have two choices. In both instances, your purchase will be subtracted directly from the remaining balance on your Card.
- If you choose credit: Select “Credit” and sign the receipt if required. For some small dollar purchases and when you pay at the gas pump, you may not need to provide a signature.
- If you choose debit: Select “Debit” and you must enter your PIN.
4. Uses and Limitations of the Card
General Use: The Card is not active when purchased. You, or the person you purchased this Card for, agree to sign the Card upon receipt, activate and register the Card as described in Section 1. The Card can only be used for purchases at participating merchants. You agree not to use the Card at any automatic teller machines (ATMs), at merchants or financial institutions to obtain cash back, to transfer funds by wire, or to initiate Internet gambling or any illegal transactions. You agree not to use the Card to make preauthorized or recurring regular payments. You may use the Card for purchases up to the balance on the Card, subject to the special purchases described below and the other terms and conditions of this Agreement. You agree not to use your Card to make purchases that exceed your balance and you understand that such purchases will ordinarily be declined; however, you agree to pay us if your purchases exceed your balance. The balance of the Card will decrease as you use it. You should know your Card balance before each purchase. You can check your balance 24 hours a day, 7 days a week, at www.chase.com/GiftCard or toll free at 1.866.466.0079. If permitted by a merchant, you may be able to use your Card to make a purchase that exceeds your balance by using your Card balance and another form of payment, such as cash, check or other payment card, for the remaining amount of the purchase price. You will need to know the precise amount of your Card balance and if the merchant allows so-called split tender or split purchases. Many merchants do not permit these types of purchases and we do not represent that you will be able to use your Card in this manner.
Special Purchases at Restaurants, Salons, Spas, Gas Stations, Hotels &
In some circumstances, your transactions may be declined because the authorization amount exceeds the final amount of the transaction. This typically happens at gasoline stations, restaurants, salons, spas, hotels, cruise lines, rental car agencies and other similar merchants. The reason for this temporary difference is that the final amount of your purchase may not be known at the moment when you or your merchant “swipes” your Card or otherwise attempts to authorize your purchase. For example, at restaurants, salons and spas, where tipping is customary, the authorization amount may be up to 20% more than the original purchase, which will temporarily reduce your balance by this amount until the actual purchase amount is received by us up to 7 days later. Similarly, at gasoline stations, if you “pay-at-the-pump,” the final amount of the purchase is not known when you “swipe” or insert your Card at the pump. Therefore, the gas station authorization may be $75 or more even if your purchase amount is much less, which will temporarily reduce your balance by this amount until the actual purchase amount is received by us up to 7 days later. You agree we have the right to temporarily reduce your Card balance in an amount equal to the authorization amount processed through the payment authorization system, and agree that in these circumstances, an attempted transaction for the amount of the remaining balance may be declined. It is important to register your Card at www.chase.com/GiftCard to make purchases by phone, mail or the Internet.
5. Customer Service/Balance Inquiries
Go to www.chase.com/GiftCard to register your Card, check the balance on your Card, learn more about using your Card, review recent transactions, obtain other information, and refer to the terms and conditions of this Agreement. You may also call Customer Service toll free at 1.866.466.0079 anytime, 24 hours a day, 7 days a week to check the balance on your card, review recent transactions and obtain other information. You will not receive any statements or other record of your transactions from us.
6. Returned or Exchanged Merchandise
You agree that we (and the card networks) and our affi liates, employees and agents are not responsible for the services or merchandise purchased with the Card, or any damages resulting directly or indirectly from the use of the Card, including, but not limited to, special or consequential damages, even if we have been advised of the possibility of such damages. If you have a problem with merchandise or services purchased with a Card, that problem needs to be adjusted and resolved with the merchant at whose establishment the transaction was made. Exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each merchant and applicable law. At the time of any exchange or return, you should present both the merchandise receipt and the Card. If you receive a credit, the credit may not be added to your balance for seven business days after we receive credit from the merchant.
7. Liability for Not Completing Transactions
If a transaction is not completed by us on time or in the correct amount, we will reimburse you for your loss. However, we are not liable for any failed transaction if you do not have enough money on your Card to cover a transaction, any terminal or system is not working properly, circumstances beyond our control prevent the transaction, the merchant authorizes an amount greater than the purchase amount, or if there are other exceptions stated in this Agreement or as provided by law.
8. Liability for a Lost/Stolen Card or Unauthorized Transactions
In order for the replacement of a lost or stolen card to be issued to you, or for you to be reimbursed for any unauthorized transactions, you must register the Card. If you have registered your Card and your Card has been lost, stolen or has been used for unauthorized transactions, immediately call us toll free at 1.866.466.0079, 24 hours a day, 7 days a week. You must notify us NO LATER than 60 days after the transaction history has been made available to you. You will be required to provide:
- Your name and Card number;
- A description of the error or the transfer you are unsure about and why you believe it is an error; and
- The dollar amount of the suspected error.
If you initially provide this information to us via the telephone, we may require that you send your complaint or question in writing within 10 business days. We will advise you of the results of our investigation within 10 business days (20 business days if your Card was purchased less than 30 days prior to the suspected error) after we hear from you and, if we have made an error, we will correct it promptly. If we need more time to research your complaint or problem, we will provisionally recredit your Card for the amount that you think is in error pending the conclusion of our investigation. If we ask you to put your question or complaint in writing and do not receive it within 10 business days, we may not recredit your Card. Our investigation will be completed within 90 days. At the conclusion of our investigation, we will inform you of our results within three (3) business days. If we determine that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. You are liable for all transactions that occur on your Card until you report it lost or stolen. You may also be liable for transactions that occur on your Card after you report your Card lost or stolen unless you (1) had signed the signature panel on the back of the Card in permanent ink, (2) promptly reported to us all facts relating to a loss or theft of your Card, and (3) fully cooperated with any request we make of you.
9. Replacement of a Lost/Stolen Card
The Card can be replaced if it is lost or stolen if you have registered your Card, subject to certain restrictions. We reserve the right to require an affi davit and conduct an investigation into the validity of any request for replacement. A replaced Card may take up to 30 days to process.
10. Disclosure of Information to Third Parties
We may disclose information to third parties about your Card or the transactions you make as necessary for completing transactions, in connection with the investigation of any claim you initiate, to comply with government agency rules or regulations or court orders, in accordance with your written permission, to utilize services of third parties and affi liate entities that assist us in providing the Card and related services, to protect against potential fraud and other crimes, or as otherwise permitted by law. We may also share information about you and your Card, based on our transactions and experiences with you, with our parent, affi liate and subsidiary companies.
11. Good Thru Date, Expiration Date, Revocation & Accessing
The Card may not be used for purchases after the Good Thru Date on the front of the Card. The Good Thru Date means that the Card and any balance on the Card expires on the last day of the month and year stated as the Good Thru Date. If there is any balance on the Card after the Good Thru Date, and before we escheat the balance according to applicable state laws, you may call us toll free at 1.866.466.0079 to request a check for the balance. In addition, we may revoke the Card at any time without cause or notice, and you agree not to make any purchases after such revocation and to surrender the Card to us. Any remaining balance will be sent to the address you registered at www.chase.com/GiftCard.
12. Amendments, Waiver & Severability
Except for fees and expiration of the Card, we may amend this Agreement, which amendments will be effective after notice has been sent to your last known address on our records, posted on www.chase.com/GiftCard, or as otherwise permitted by law. You will have accepted any such changes if you use the Card or do not cancel the Card after the effective date. We may change any term of this Agreement or terminate this Agreement without notice to you to comply with any law or regulation of any appropriate federal or state authority. We may waive any term or condition of this Agreement, which will not constitute a waiver of our right to subsequently enforce such term or condition. If any term or condition of this Agreement shall be deemed unlawful or unenforceable, such term or condition will be severable and will not affect the validity and enforceability of any remaining terms or conditions of this Agreement.
13. Applicable Law
This Agreement, the issuance and use of the Card are governed by federal laws and regulations, by the laws of the State of Ohio to the extent they are not pre-empted by federal law, and Visa rules and regulations. If any conflict exists between any term of this Agreement and any statements made by any employee of ours or any third party, the terms of this Agreement will control.
14. ARBITRATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED. EXCEPT AS OTHERWISE PROVIDED, THOSE RIGHTS ARE WAIVED.
This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. 1-16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court.
For the purposes of this Arbitration Agreement, “we,” “us” and “our” also include our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additionally, “we,” “us” and “our” shall include any third party providing benefits, services, or products in connection with the Card if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us.
Either you or we may, without the other’s consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Agreement, your Card, or the advertising, application or approval of your Card (“Claim”). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision or any legal theory of law such as respondent superior, or any other legal or equitable ground, and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitration Agreement or the validity of the entire Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning.
Claims subject to arbitration include Claims that are made as counterclaims, cross claims, third-party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties.
As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim that is within that court’s jurisdiction and proceeds on an individual basis. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed on such basis. This means that even if a class action lawsuit or other representative action, such as that in the form of a private attorney general action, is filed, any Claim between us related to the issues raised in such lawsuits will be subject to an individual arbitration claim if either you or we so elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1) those brought by us against you, any other user of your Card, or your heirs or your trustee in bankruptcy or (2) those brought by you, any other user of your Card, or your heirs or your trustee in bankruptcy against us.
Initiation of Arbitration
The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association or National Arbitration Forum. These administrators are independent from us. The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows:
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605, Web site: www.adr.org, 800.778.7879; or
National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, 800.474.2371.
Procedures and Law Applicable in Arbitration
A single, neutral arbitrator will resolve Claims. The arbitrator will either be a lawyer with at least 10 years experience or a retired or former judge. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed, unless those procedures and rules are inconsistent with this Arbitration Agreement, in which case this Agreement will prevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply the applicable substantive law of the state of Delaware consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. The arbitrator will take reasonable steps to protect customer information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award.
We will reimburse you for the initial arbitration filing fee paid by you up to the amount of $500 upon receipt of proof of payment. Additionally, if there is a hearing, we will pay any fees of the arbitrator and arbitration administrator for the first two days of that hearing. The payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party’s attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party.
Enforcement, Finality, Appeals
Failure or any delay in enforcing this Arbitration Agreement at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals in writing to the arbitration organization within 30 days of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization. The panel will reconsider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will bear its own fees, costs and expenses for any appeal, but a party may recover any or all fees, costs and expenses from another party, if the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction.
This Arbitration Agreement shall survive: (i) termination or changes in the Agreement, the Card, and the relationship between you and us concerning the Card; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
© 2013 JPMorgan Chase Bank, N.A. Member FDIC Effective 6/2013