Effective August 22nd, 2010
Read this Gift Card Agreement carefully and keep it for future reference
This Gift Card Agreement is the terms and conditions governing our issuance and your use of the enclosed Liberty Bank MasterCard® Gift Card ("Card"). Please read this Agreement carefully and keep it for your records. By purchasing, signing, or using the Card, or authorizing another person to use the Card, you are agreeing to the terms and conditions in this Agreement.
The Card is a prepaid access device issued by Liberty Bank and may be used at any merchant that accepts MasterCard® debit cards. You have received a Card with a U.S. Dollar amount fixed at the time of purchase. Unless we otherwise agree, we sell Cards with a minimum value of $15.00 and a maximum value of $500.00. The balance on your Card does not earn interest. You acknowledge and agree that the amount available on the Card is limited to the prepaid U.S. Dollar value fixed at the time of purchase. The Card is not a credit card, debit card or an automated teller machine card subject to the Electronic Funds Transfer Act and Regulation E. The prepaid value is not an account and is not insured by the Federal Deposit Insurance Corporation or any other federal or state agency. You have no separate, distinct deposit account established for you with us that is associated with the Card. Your Card's prepaid value cannot be increased after the Card is issued or replaced after the value is used. Purchase of Cards is final, and resale of Cards is strictly prohibited.
You are responsible for all authorized transactions initiated by the use of your Card. If you permit someone else to use your Card, we will treat this use as if you have authorized that person to use your Card and you will be responsible for any transactions initiated by such person(s) with your Card, with or without your knowledge.
When you use your Card for a Card Transaction, you are authorizing a reduction in your Card Balance in order to cover the Card Transaction. The full amount of each Card Transaction, including applicable taxes and fees, if any, will be deducted from your available Card Balance if such Card Balance is sufficient to complete the Card Transaction. A Card Transaction will not be authorized if your available Card Balance is not sufficient to cover such transaction. Credit will not be extended to you in connection with the use of your Card. If your Card Transaction amount is greater than your Card Balance, however, you may pay the difference in cash, or another form of payment offered by you (for example, cash, check or credit card), subject to the payment policy of the merchant.
The use of your Card to purchase goods and services from merchants is a withdrawal from the value stored on your Card. You cannot "stop payment" on any transaction after it has been completed. If you have a problem with a purchase you make with the Card, or if you have a dispute with a merchant, you must deal directly with the merchant involved. We are not responsible if any Merchant does not honor your Card or for defects in or non-delivery of any goods or services you purchased using the Card. In the case of disputes, you may need to present a copy of your receipt. Therefore, you should keep receipts for purchases in a safe place. If you are entitled to a refund for any reason relating to a Card transaction, you agree to accept a credit to your Card in lieu of cash.
MasterCard® imposes fees if you use your Card in a foreign country, including a Card Transaction you initiate in the U.S. with an entity located in a foreign country. The fee is a cross-border assessment and currency exchange fee. On foreign Card Transactions, the fee is 1% of the transaction amount, which transactions include, without limitation, for the purchases of goods and services. If you use your Card to make a Card Transaction in a foreign currency, MasterCard® will convert the Card Transaction amount into U.S. dollars and will assess a currency exchange adjustment charge in the manner set forth in its operating regulations, which provide that the currency exchange rate be a wholesale market rate selected by MasterCard® or a government mandated rate in effect one (1) day prior to the processing date, increased by an adjustment factor established by MasterCard®. In any case, the currency exchange rate in effect on the processing date may differ from the rate in effect on the Card Transaction date or the posting date. The currency exchange rate used may be the same as, greater than or less than the amount that would be calculated by conversion through a financial institution in the country in which the Card Transaction occurred. We collect these fees and forward the fees to MasterCard®. We do not retain any portion of the fees for our benefit.
The Card cannot be used to pay for automated fuel purchases (pay at the pump) or any gambling transaction. You cannot make regularly recurring payments from the Card. The Card cannot be used to access cash through ATMs, banks or any other cash advance. A merchant may refuse to accept a "Split transaction" where part of the purchase is paid with the Card and the remaining amount with another form of payment offered by you (for example, cash, check or credit card). You agree that we are not liable if any Card transaction cannot be processed at a merchant.
It is your responsibility to keep track of your Card Balance. When you use your Card to make a Card Transaction, you should be aware of the unused Card Balance to ensure that the amount of your Card Transaction does not exceed your available Card Balance. The full amount of each Card Transaction, including applicable taxes, tips and fees will be deducted from your Card Balance if such balance is sufficient to complete the Card Transaction.
Expiration and Termination
Your Card is valid until the expiration date shown on the face of the Card, or until the entire value on the Card has been exhausted, whichever comes first. The Card is Bank property, and we may terminate the Card at any time without cause or notice. You must surrender a terminated Card. In the event of termination, a replacement Card may be issued for any unused dollar amount of more than $15.00.
Disclosure of Information to Third Parties
We will disclose information to third parties about your Card or transaction that you make using the Card:
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, if any, we will be liable to you for losses or damages. However, there are some exceptions. We will not be liable, for instance:
Lost or Stolen Cards
You Card is like cash. You agree to use your best efforts to protect your Card against loss, theft, or unauthorized use. You assume all risks from a lost or stolen Card. Your only remedy in the event the Card is stolen or lost is to report the theft to us at once by telephoning us at 417-888-3000 so we can terminate the Card. We require a reasonable time to act on your report. If the value of the Card is exhausted prior to the time we are able to terminate it, then you must bear the entire loss, and we will not be liable to you. You agree that this must be the rule between us, because the Card is like cash. If there is value remaining on the Card by the time we are able to terminate it, then we will refund any unused value as provided in the Section entitled Refund of Unused Value, or we may issue a replacement Card.
Refund of Unused Value
Upon expiration or termination of your Card, you may obtain a refund of any unused balance value on the Card via issuance of a replacement Card. The Bank does not grant cash refunds. You must request the replacement Card not later than thirty (30) days after the expiration date or date of termination. We will not automatically reissue a Card; you must request it. We have no obligation to issue replacement Cards that are not timely requested. To obtain the replacement Card, mail us your Card with a signed letter requesting the replacement Card and the address to which you want the replacement Card sent. Send your original Card and letter to Liberty Bank Gift Card Services, P.O. Box 14350, Springfield, MO 65814. Of course, we will not require that you send us your original Card if the reason for the replacement is termination due to the loss or theft of the Card, but in such cases, you must provide us with the Card number. Because the Card is a bearer Card, replacement Cards may be issued, regardless of who the Purchaser is, as long as the Card has been registered. We have up to eight (8) weeks to process your request, and we may take longer if there are special circumstances. There is a fee for processing your replacement request, as more fully explained in the Schedule of Fees and Charges section of this agreement.
The Bank may amend this Agreement from time to time. Amendments will be effective after notice has been posted on our Web site at www.therisingstar.com/giftcard.asp or as otherwise required by law. Provisions changed pursuant to bank regulatory authority will be effective according to applicable regulation without further notice and we can make changes to the Agreement without prior notice to you if such changes are related to security of the Card or Card usage as required by MasterCard® or by law.
If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The Bank's failure to enforce the performance of any provision of this Agreement will not constitute a waiver of the Bank's right to subsequently enforce such provision or any other provision of this Agreement.
This Agreement will be governed by the laws and regulations of the United States and, to the extent not so covered, by the laws and regulations of the State of Missouri.
Schedule of Fees and Charges
We encourage you to use your Card immediately. There are no fees when using the Card to purchase goods and services within the U.S. The Bank will charge the Card for transactions and fees according to this Agreement. You agree to pay the fees and charges assessed by Bank according to this Agreement. All fees and charges will be automatically assessed against the Card, and you will be responsible for any deficiency. The following fees and charges are imposed by Bank upon the issuance and for use of the Card.
Purchase Price of the Card
A $3.00 fee will be charged for the purchase of the Card.
Monthly Card Fee
A monthly maintenance fee of $2.50 will be charged after 12 months of no activity. If you still have a balance on the card after twelve months of no activity, your card will be charged a maintenance fee every month that a balance remains on the card.
A $15.00 fee will be charged to your Card if the Card is reissued or replaced. If the balance on the Card is less than $15.00, a replacement Card will not be issued.
Cash Balance Inquiries and Customer Service
Web Inquiries - Free
VRU-Toll Free 866-770-2318 - Free
Representative Assistance - $1.25