TERMS AND CONDITIONS
This Agreement is effective as of August 1, 2011 and replaces any previous agreement with respect to the subject matter of this Agreement.
This Agreement (“Agreement") is the agreement between you and Capitol Federal Savings Bank, (“Bank”) with respect to the issuance and use of the enclosed VISA® Prepaid True Blue Money Card ("Card"). You will be deemed to have accepted the terms of this Agreement and the Schedule of Fees if: (a) you have requested and received your Card, (b) you use your Card or allow another person to use your Card; or(c) you activate your Card. Your Card is a general purpose reloadable prepaid Card. It cannot be used to access a deposit account and is not a credit card. The issuance of the Card does not establish an account relationship between you and us. You are entitled only to any rights or benefits that are contained in this Agreement.
Capitalized terms used in this Agreement have the meaning set forth above or in the following section.
"Available Balance" shall mean the balance of funds that have been loaded to your Card, less the amount of any previously authorized transactions or withdrawals from your Card which are pending plus the amount of any disputed transactions while the dispute is pending plus the amount of any returns that are credited back to your Card.
"Bank" shall mean Capitol Federal Savings Bank, a federally chartered savings bank headquartered in Topeka, KS, which may also be referred to as the "Issuer", "we," "our"or "us", as issuer and owner of the Card.
"Card" shall mean the VISA® Prepaid True Blue Money Card issued to you by the Bank –whether or not such card carries a personalization imprint with your name – or the account number printed on the face of the Card.
"Transaction" shall mean a request by you (1) to withdraw cash or obtain information about the amount of unused value remaining on the Card at an ATM; (2) to purchase or lease goods and services at a third party merchant location (including via the telephone or the Internet) using the Card, which is authorized or denied by the Bank; or to withdraw cash through a cash advance at a financial institution.
"Website" shall mean www.visaprepaidprocessing.com/truebluemoney.
"You" and "your" shall mean the person who requested the Card and/or the person whose name appears on the face of the Card or to whom the Card is registered and is the person authorized to use it as provided for in this Agreement.
Please read this Agreement and the Schedule of Fees carefully and keep it for future reference. Your Card is the property of the Bank, and we may revoke your Card at anytime without cause or notice. However, you may not use an expired or revoked Card.
Your Card is not a gift card. The Card is classified as "general purpose reloadable card" and may be used for any purpose you choose such as budgeting, travel, online shopping or general purchases, except if stated otherwise in this Agreement or in the Schedule of Fees at Section 14 of this Agreement (the "Schedule of Fees"). The Card is not a gift or award card.
Transferability and Assignment. The Card is for your personal use only. You may not transfer, resell, assign, pledge or otherwise transfer your interest in the Card or the Available Balance.
Fees. Your Card is subject to the fees and other conditions and limitations set forth In the Schedule of Fees. Bank fees associated with your Card, including any monthly fees, are listed in the Schedule of Fees. You agree to pay all of these fees, which will be deducted from the Available Balance. These fees are imposed by and retained by us. You may be charged other fees for the use of your Card – for example, a fee or "surcharge" charged by the owner of an ATM for use of the ATM. These fees are not imposed by us and, therefore, are not specifically disclosed in this Agreement.
Business Days. For purposes of this Agreement, our "Business Days" are Monday through Friday, excluding federal holidays.
USA Patriot Act. Pursuant to requirements of law, including the USA PATRIOT Act, the Bank is obtaining your personal Information and will take necessary actions to verify your identity. You authorize the Bank to use credit bureaus or other services or databases to perform such verification.
Minimum Load to Open. There is a minimum initial load of $25 required for us to issue a Card.
Interest. You will not be paid or earn interest on the Available Balance of the Card.
FDIC Insurance. Your Available Balance is FDIC insured in the aggregate together with all of your other accounts that you hold at the Bank, up to a maximum of $250,000.
(back to top)
Reloading Your Card. You may load additional funds to your Card in the amount of $25 or more at any Capitol Federal Savings Bank office during our regular business hours,provided such funds are in U.S. currency (cash) or are transferred from available funds from a Capitol Federal Savings Bank account and your Card is active and in good standing. Additional loads of funds to your Card also are permitted at VISA® ReadyLink locations, but you may be charged a fee by the participating merchant. You may find VISA® ReadyLink locations at http://usa.visa.com/locators/readylink-locations.jsp.
(back to top)
Use of Your Card and PIN. Your Card and Personal Identification Number ("PIN" are provided for your use and protection and you agree that you will: a. Not disclose your PIN or record it on your Card or otherwise make it available to anyone else; b. Use your Card, your PIN and any ATM only as instructed; c. Promptly notify us of any loss or theft of your Card or PIN; and d. Be liable for the authorized or permitted use of your Card and PIN.
Limits on use. We may impose limits on Transactions. The maximum permitted cash withdrawal at an ATM is the lesser of $500/day or the Available Balance on the Card (subject to the currency denomination limitations at the ATM), less any fees associated with that transaction. The maximum permitted withdrawal at a merchant location is the lesser of $2,500/day or the Available Balance of the Card, less any fees associated with that transaction. We may adjust these amounts at any time for security purposes without prior notice to you.
When you use your Card at a merchant, the merchant requests a preauthorization for the amount of the Transaction. We will place a hold on your Available Balance equal to the preauthorization for three days or until the Transaction posts to your Available Balance, whichever occurs first. If the preauthorized amount does not match the amount of the settling Transaction, the hold may not be released until the three days expire. When using your VISA® prepaid card at a merchant where a tip may be included (such as at a restaurant), your Transaction may be authorized for an additional 20% above your total bill. However, the tip amount is at your discretion. The actual amount processed to your Card will not exceed the amount of the bill plus the tip added by you. In addition to restaurants, the types of merchants where a tip may be included are, among others,bars, taxis, beauty and barber shops, and health and beauty spas.
Note that some self-service pay-at-the-pump gasoline transactions may be denied if your Available Balance is less than $75 and the merchant does not participate in the partial authorization program.
If we suspect that irregular, unauthorized, or unlawful activities may be involved with your Card, we may "freeze" (or place a hold on) the Available Balance pending an investigation of such suspected activities. If we freeze your Card, we will give you any notice required by law.
No Preauthorized Payments. You may not make preauthorized regular payments or PIN-less bill payments through the use of your Card.
Point-Of-Sale Transactions. You may use your Card to purchase goods and services and obtain cash at merchants that accept VISA® debit cards. Some Transactions may require use of your PIN. We reserve the right to restrict certain Transactions. If your purchase amount is greater than the remaining value on your Card, most merchants will permit you to pay the difference with alternative methods. You must inform the merchant before beginning your Transaction and you must know the remaining value.
You do not have the right to stop payment on any point-of-sale Transaction originated by use of your Card. You agree that we are not responsible for goods or services purchased with your Card, if any merchant refuses to accept your Card, or for any other actions of the merchant. You will resolve disputes directly with the merchant, and accept any refund on purchases made using your Card as a credit to your Card.
Cash Access. You may use your Card and PIN to obtain cash or make balance inquiries at any Automated Teller Machine ("ATM") displaying the Visa logo. You may also use your Card to obtain cash at offices of financial institutions that accept VISA® cards, including our offices (an Over the Counter, or OTC, transaction). You will be charged a fee for every withdrawal or balance inquiry at any ATM, including those displaying the Capitol Federal Savings Bank name and/or logo, as set forth in the Schedule of Fees.
Minimum and Maximum ATM or Cash Transactions. Most ATMs require that cash withdrawals be made in multiples of a dollar amount (e.g. $10 or $20). In addition, some ATM operators have maximum amounts that may be withdrawn at a machine in one transaction. Many merchants limit the amount of cash that may be obtained In connection with a purchase transaction. Your daily limit of cash from an ATM shall be$500/day. Your daily limit of cash from a cash advance shall be $1,500/day. These limits are subject to your Available Balance, and will be reduced by any fees connected with the Transaction.
Foreign Transactions/Fees. If you use your Card to purchase goods or services (or to obtain cash from an ATM) in a currency other than U.S. dollars, VISA® will convert the charge into a U.S. dollar amount. The conversion rate on the processing date may differ from the rate on the Transaction date. The currency conversion exchange rate used by VISA® will either be (1) a rate selected by VISA® from a range of rates available In wholesale currency markets for the applicable central processing date, which rate may vary from the rate VISA® receives, or (2) the government-mandated rate in effect for the applicable central processing date.In each instance, we will also charge and deduct from the available balance a 2% (two percent) International Transaction Fee on the U.S. dollar amount of any Transaction that is made in a foreign currency. If you use the Card to purchase goods or services outside the United States even if you pay in U.S. Dollars, we may charge and deduct from the amount on the Card a 2% (two percent) International Transaction Fee on the amount of the Transaction.
Negative Balances. The amount available on your Card will be reduced by the amount of your Transactions plus applicable fees. Any Transaction that will create a negative Available Balance on your Card is not permitted, and we may decline the Transaction. However, if we authorize or settle a Transaction for more than your Available Balance,you will be charged an Overdraft Fee, and you agree (a) that we may take the amount of the negative Available Balance from subsequent loads to your Card or (b) to pay us on demand the amount of the negative Available Balance.
Legal Transactions. You agree that you will use your Card only for Transactions that are legal. You agree not to use the Card for Internet gambling Transactions. Display of a Visa® or other logo by an on-line merchant does not mean that the Transaction is legal where you conduct it. You agree that we may decline Transactions we believe may be illegal or in violation of the applicable network rules. You also agree that if we do not decline the Transaction, we may charge your Card and we are not liable to you if you engage in an illegal Transaction.
(back to top)
Terminal Receipts. You usually can get a receipt at the time you make any transaction with your Card at an ATM, OTC or point-of-sale terminal; except that you may not get a receipt if the amount of the transaction is $15 or less.
Electronic Statements and Notices. Information regarding your Transactions, Available Balance, and all other notices under this Agreement will be available electronically at our website, www.visaprepaidprocessing.com/truebluemoney (the "Website"). You may also obtain information regarding Transactions and your Available Balance by calling us at the phone number in Section 6 of this Agreement. You will not receive a physical statement.
(back to top)
You agree that we are authorized at any time to set-off your Available Balance against debts and liabilities owed to us. This applies whether the debts or liabilities are yours alone or joint with one or more persons or entities. We may exercise this right of set-off without notice to you. We are not liable if we refuse to approve a Transaction for insufficient funds caused by exercise of our right of set-off.You agree to hold us harmless from any claims arising as a result of our exercise of our right of set-off.
(back to top)
Tell us AT ONCE if you believe your Card has been lost or stolen, or if you believe that it has been used without your permission. Telephoning is the best way of keeping your possible losses down. You could lose your entire Available Balance. If you tell us within two (2) Business Days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission. If you do NOT tell us within two (2) Business Days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500. Also, the Website or a telephone inquiry of your Available Balance shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after information concerning the Transaction becoming available to you on the Website or via telephone inquiry, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. If you believe your Card has been lost or stolen, call us at the number below, or write at the address below.
The paragraph above reflects the limits of your liability under federal law and regulations. VISA® has imposed certain restrictions on the amount a Card issuer may charge a cardholder for unauthorized use of a Card. Subject to the limitations below,under the VISA® rules, when the Card is used for a Transaction, you generally have no liability, if you exercised reasonable care in safeguarding your Card, and you have not been grossly negligent or acted fraudulently in handling your Card. The VISA® policy does not apply to Transactions made outside the U.S., or if a PIN is used as the verification method for the Transaction. If the VISA® rules change, those changes will become applicable to your Card under this Agreement upon notice to you as provided by law.
(1-888-822-7333) (toll free from the USA)
Or 1-785-233-0547 from outside the USA (toll charges may apply)
Or by fax 24 hours daily to
1-785-231-6364 (toll charges may apply from outside the USA)
Or by email to email@example.com
Or write to:
Capitol Federal Savings Bank
700 S. Kansas Avenue
(back to top)
If we do not complete a transfer to or from your Card on time or in the correct amount according to this Agreement, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(a) If, through no fault of ours, your Available Balance is insufficient to complete the transaction;
(b) If the ATM where you are making the transaction does not have enough cash;
(c) If the ATM or POS terminal was not working properly and you knew about the breakdown when you started the transaction;
(d) If circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the transaction, despite reasonable precautions that we have taken; or
(e) If your Card or PIN has been reported to be, or suspected of being, lost or stolen, and we have taken action to prevent transactions with your Card or PIN.
We have no liability for our failure to provide an authorization when the failure is a result of an act of God, failure of a public utility, computer or equipment failure, accident,outdated or erroneous data regarding your Available Balance, strike, war, disaster, act of terrorism, failure of communication links or facilities, or other circumstance beyond our control. Any liability that we may have for any failure to complete a Transaction that was not intentional and that resulted from a bona fide error, notwithstanding procedures to avoid such error, shall not exceed actual direct damages proven and shall specifically exclude any indirect or consequential damages.
(back to top)
Call or write us at the phone number or address in Section 6 above as soon as you can if you think your Transaction information on the Website or receipt is wrong or if you need more information about a Transaction listed on the Website or receipt. We must hear from you no later than sixty (60) days after the information about the Transaction is first available to you on the Website or by the automated customer service number.
(a) Tell us your name and Card number.
(b) Describe the error or the Transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(c) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit your Available Balance within 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 10 Business Days, we may not credit your Available Balance.
For errors involving new Cards, point-of-sale terminals, or foreign-initiated transactions,we may take up to 90 days to investigate your complaint or question. For new Cards,we may take up to 20 Business Days to credit your Available Balance for the amount you think is in error.
We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of documents that were used in the investigation.
(back to top)
(back to top)
Amendments. Unless prohibited by applicable law, we may, at any time, change the terms and conditions in this Agreement, including the amount of any fee. We may add new terms and conditions and we may delete or amend existing terms and conditions.We generally send you advance notice of an adverse change. If a change is not adverse to you, however, we may make the change at any time without advance notice. Amendments will be posted on the Website and we will send notices of changes to your address as it appears in our records, or at the Bank’s option, by providing an email alert to you that the changes have been posted to the Website. If you do not agree with the change, you may cancel your Card. However, if you continue to use your Card, you accept and agree to the change. If we change the amount of fees, we will provide you30 days prior notice to you.
Card Expiration. Your Card expires on the date listed on the front of your Card or when the remaining balance is $0 for a period of 30 days. If you have an Available Balance remaining on your Card after expiration, we may provide you a replacement card or the Available Balance will be sent to you in the form of a check.
Our Cancellation or Suspension of Your Card. We may cancel or suspend your Card at any time. Once your Card has been canceled, you agree to discontinue using your Card. Your Card remains our property. If we cancel your Card, we may, at our option,either apply the Available Balance to a new Card for your benefit or send you a check for the remaining balance.
Your Cancellation of Your Card. You may cancel your Card at any time. If, at the time you cancel your Card, all transactions have cleared and there is no remaining Available Balance, your Card will be canceled from further use. If there is a remaining Available Balance, you may use your Card to reduce the Available Balance to zero before canceling your Card. Alternatively, you can contact us and request a check for the remaining Available Balance, less the Card Cancellation Fee. You understand that you are responsible for negative balances that occur after your notice of cancellation to the same extent as provided in this Agreement. You agree to destroy your Card after cancellation.
(back to top)
Any remaining unclaimed balance after expiration or closure of your Card will be reported and remitted as unclaimed property to the appropriate state as required by state law after a period of time defined by that state's law. After we turn the funds over to the state, we have no further liability to you for the funds and you must apply to the appropriate state agency to reclaim your funds.
(back to top)
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 Kansas. A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement.
(back to top)
We may waive any of the terms or conditions of this Agreement but any such waiver shall be effective only on that occasion and shall not be viewed as a continuing waiver on any other occasion. We can delay enforcing our rights under this Agreement without losing them.
(back to top)
ATM Surcharge or Cash Advance Fees. When you make a withdrawal at certain ATMs or point-of-sale terminals, or request a teller cash advance at a financial institution, you may be charged a "convenience fee" or "surcharge fee" for that service or the use of that device. If the terminal owner does charge such a fee, you will be notified of the amount of that fee before you complete the transaction and you may cancel the transaction before the fee is assessed. The Bank does not determine nor receive these fees and they are paid to the terminal owner by the network.
Card and Transaction Fees. You agree to pay all fees listed below. Fees will be deducted from your Available Balance as they occur.
Monthly Service Charge - Free in the calendar month of initial purchase (regardless of the date of purchase within the month) and the next two following calendar months, then $4/month thereafter. The monthly service charge includes these services: