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Read this Giftaccount Agreement carefully and print it for future reference. The
MetaBank Simon Giftaccount® is a prepaid Visa® virtual purse
available from MetaBank. Signifying your consent to these terms and conditions,
using the Giftaccount, or allowing someone else to use the Giftaccount means
that you accept this Agreement and you are responsible for all transactions. In
this Agreement, the terms "we", "us", and "our" mean MetaBank and "you" or
"your" mean anyone who has opened the Giftaccount or is authorized to use it.
Keep a record of your Giftaccount number. You agree not to use your Giftaccount
for any illegal transaction. We may, but are not obligated to, decline
authorization for any illegal transaction or Internet gambling transaction or
if the transaction amount exceeds the balance available on your Giftaccount.
There are no fees when using the Giftaccount to purchase goods and services from merchants located in the United States. The
following MetaBank fees may apply and will be deducted from the balance of the
Giftaccount, except where prohibited or modified by applicable law:
Using This Giftaccount
The Giftaccount may be used when making purchases on the Internet, by telephone,
or by mail order from any merchant that accepts Visa debit. The Giftaccount may
not be refunded or exchanged for cash, cash equivalents (such as money orders or travelers checks), or credit. At the time of each purchase
using the Giftaccount, the dollar amount of the purchase will be deducted from
the balance of the Giftaccount.
Some merchants may perform a "pre-authorization" to validate the Giftaccount
before completing a purchase transaction. The amount of the pre-authorization
will remain unavailable until a transaction in the same amount is posted to the
Giftaccount or for 3 business days, whichever is sooner. As a result,
pre-authorizations may cause the "available" balance of your Giftaccount to be
lower than the actual balance.
Transactions that exceed the available balance of the Giftaccount will be
Customer Service/Balance Inquiries
To check the available balance on the Giftaccount, review recent transactions,
or obtain any other customer service at no charge, you may visit
www.simongiftaccount.com or call 1-866-885-6320 anytime, 24 hours a
day, seven days a week.
Returned or Exchanged Merchandise
You agree that MetaBank and Visa, and their affiliates, employees, and agents,
including but not limited to Simon Property Group and its affiliates,
employees, and agents, are not responsible for the services or merchandise
purchased with the Giftaccount or any damages resulting directly or indirectly
from the use of the Giftaccount. If you have a problem with merchandise or
services purchased with a Giftaccount, that problem needs to be adjusted and
resolved with the merchant from whom the purchase was made. Exchange or return
of merchandise purchased in whole or in part with the Giftaccount will be
governed by the procedures and policies of each merchant and applicable law. If
you receive a credit, the credit may not be added to the available balance of
the Giftaccount for seven business days.
Foreign Transaction Conversion and Fee
Transactions made in a foreign currency will be converted to U.S. Dollars under the
applicable rules of Visa U.S.A. As of the effective date of this Agreement, Visa rules provide
that the amount of your transaction in dollars will be the amount of the foreign currency times
either (a) a rate selected by Visa from the range of rates available in wholesale currency markets
for the applicable central processing date, which rate may vary from the rate Visa itself receives,
or (b) the government-mandated rate in effect for the applicable central processing date.
All transactions in which the merchant is located in a country other than the U.S. may be subject
to a fee equal to 3% of the transaction amount, even if the transaction does not require currency to be converted.
Liability and Error Resolution Procedures
MetaBank is not liable for any failed transactions if you do not have enough
money in your Giftaccount to cover a transaction, the payment system is not
working properly, circumstances beyond our control prevent the transaction, or
the merchant authorizes an amount greater than the purchase amount.
If there is a problem or dispute with the purchase of goods or services, you
must address it directly with the merchant involved. Refunds and returns are
subject to the merchant’s policies or applicable laws. In case of other errors
on your Giftaccount, or if you need more information about a transaction or
about our error resolution procedures, please call Giftaccount Services
immediately at 1-866-885-6320. You must call within 30 days of the date of any
transaction you are questioning.
We may require that you send your complaint or question in a signed affidavit so
that we receive it within 10 business days from the date of your telephone
call. Generally, we will tell you the results of the investigation within 10
business days after hearing from you and will correct any error promptly. If we
need more time, however, it may take up to 45 calendar days to investigate your
complaint or question.
Liability for Unauthorized Transactions
You should call 1-866-885-6320 immediately to report unauthorized transactions.
You will be required to provide your name, the Giftaccount number, original
value, and transaction history. We reserve the right to require an affidavit
and conduct an investigation into the validity of any alleged unauthorized
transaction. You will not be liable for transactions identified by us as
Disclosure of Information to Third Parties
We may disclose information to third parties about your Giftaccount or the
transactions you make: (a) where it is necessary for completing transactions;
(b) to verify the existence and condition of your Giftaccount to a third party;
(c) to utilize services of third parties and affiliate entities who assist us
in providing the Giftaccount and related services; (d) to comply with
government agency rules or court orders; (e) if you give us your permission;
(f) if you owe us money or there are legal proceedings in connection with your
Giftaccount, in which case information may be released to attorneys,
accountants, collection bureaus, financial institutions, and others involved in
collection, adjustment, settlement or reporting; (g) to protect against
potential fraud and other crimes; or (h) when otherwise permitted by law. We
may also share information about you and your Giftaccount, based upon our
transactions and experiences with you, with our parent, affiliate and
subsidiary companies, and with Simon Property Group and its affiliates.
Liability for Failure to Complete Transactions
MetaBank may be liable for failure to complete transactions. We will not be
liable under certain circumstances, however, such as:
Preauthorized / Recurring Payments
You agree not to make preauthorized or recurring regular payments through the
use of the Giftaccount. We reserve the right to close any Giftaccount that we
believe is being used for preauthorized or recurring payments.
The Giftaccount is valid through the expiration date shown on the front of the
reference card provided to you when the Giftaccount was opened and in the "My
Accounts" section of www.simongiftaccount.com or until the value on the
Giftaccount reaches zero, except where prohibited or modified by applicable
law. When the Giftaccount expires it will be closed and any unused balance will
be handled according the state escheatment law. If there is a balance remaining
after the expiration date, you may call 1-866-885-6320 to request that a new
Giftaccount be opened as allowed in accordance with applicable law. The new
Giftaccount will have a value equal to the remaining balance of the expired
Giftaccount minus an Expired Account Fee in the amount shown in the section of
this Agreement captioned "MetaBank Fees". The expiration date on the new
Giftaccount will be at least 20 months from the date the new Giftaccount is
MetaBank may close the Giftaccount at any time without cause or notice. You may
not use a closed Giftaccount to make purchases. Unless we have closed the Giftaccount
due to suspected fraud, illegal activity, or breach of this Agreement, any remaining balance will be
sent to you by check as long as you discontinue any use of the Giftaccount and
send your name and mailing address to, Attn: Giftcard Department, 225 W.
Washington St., Indianapolis, IN 46204.
Conversion To Physical Simon Visa Giftcard®
Giftaccounts are intended to be used primarily for electronic commerce, mail
order, and telephone order purchases. No physical card is issued. If you wish,
you may convert a Giftaccount to a plastic Simon Giftcard issued by MetaBank.
The new Giftcard will have a value equal to the remaining balance of the
Giftaccount minus a Conversion Fee in the amount shown in the section of this
Agreement captioned "MetaBank Fees". The expiration date on the Giftcard will
be at least 20 months from the date the card is issued. When you request
conversion to a Giftcard, your Giftaccount will be closed and you will not be
able to access the funds until you receive and activate the Giftcard.
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