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General terms and conditions (T&Cs) for the paysafecard gift card ticket

Version: May 2021

 

1.GeneralProvisions.

TheseTermsandConditionsgovernyouruseofthepaysafecard gift card ticket(the"Ticket").EachTicketallowsyoutopurchasecertaingoods/servicesat our proprietary network of participatingonlinemerchants which are listed on the Website ("Participating Partners") andcanbeusedSOLELYONLINE.Bypurchasingthe TicketorusingtheTicketonline, youareagreeingtotheseTermsandConditions.TheseTermsandConditionsareavailabletobereviewedand/ordownloadedatanytimebyvisitingwww.paysafecard.com/us(the"Website").PleasereadtheseTermsandConditionscarefully.Theterms"you"and "your"refertothe personwhopurchasedtheTicketand/orthepersonwhoisusingtheTicket. Theterms"we","our"and"us"referto The Bancorp Bank(the "Bank")astheIssueroftheTicketanditsagents and contractors, including Paysafecard.com USA Inc. ("Paysafecard.com")who mayperformorprovideservicesinconjunctionwiththeTicket.Theterm"AvailableBalance"referstothe LoadAmount associated with each Ticket, lessanypurchaseorothertransactionsandanyfees,thatisusablebyyouto makepurchases.Youmusthaveacomputer (or mobile device)andInternetconnectioninordertouseyourTicket.

The Ticket will remain the property of the Bank and must be surrendered upon demand. The Ticket may be cancelled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read these Terms and Conditions carefully and keep them for future reference. THE TICKET IS SUBJECT TO CERTAIN FEES. SEE FEES BELOW FOR MORE DETAILS. THESE TERMS AND CONDITIONS ALSO REQUIRE ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION (INCLUDING PROVISIONS WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP, REPRESENTATIVE, OR SIMILAR CLAIM) UNLESS YOU OPT-OUT WITHIN THE SPECIFIED TIME FRAME. SEE SECTION 17 BELOW FOR MORE DETAILS.

 

2.TheTickets.

Ticketsare issued in paper form only and are availableindenominationsof$10,$25,$50,or$100 USDandcanonlybepurchasedfromcertainretailoutlets(the"Distributors").AlistofDistributorsisavailableontheWebsite.TicketsareissuedbytheBankandsoldbyaDistributoruponpaymentbyyouofthe valueprintedontheTicket(the"Load Amount") plus a Convenience Fee, detailed in Section 4 below.Ticketscannotbereloadedorredeemed for cash.Ticketsdonotexpire butmaybesubjectto cancellationassetforthinSection7below, administrationandother feesassetforthinSection4below, or applicable escheatment laws as set forth in Section 18 below.

 

3.TicketPINs.

EachTicketisallocateditsownuniquePersonalIdentificationNumber("PIN").WhenyoupurchaseapaperTicket,thePINwillbeprintedonapapervoucher, whichtheDistributor willprovideatthetimeofpurchase.

 

4.Fees.

Subjecttoapplicablelaw,thefollowingfeesapplyto yourTicketandaresubjecttochangeatanytime.Anychangesto thesefeesoradditionalfeescanbefoundbyvisitingtheWebsite. All fees are listed in U.S. dollars.

The following fee will be debited by a Distributor on the initial issuance of the Ticket and is based on the denomination purchased:

Convenience Fee:

Denomination: $10 | Convenience Fee: $1.49

Denomination: $25 | Convenience Fee: $2.49

Denomination: $50 | Convenience Fee: $3.49

Denomination: $100 | Convenience Fee: $3.49

 

The following feeswillbedebitedfromthe AvailableBalanceremainingontheTicket:

BalanceUpdate: No charge

Ticket Cancellation and Available Balance Refund Fee: $7.50

Monthly Administration Fee (Applicable after 24 months of inactivity, subject to applicable law. Such fee will be applied as of the first day following the expiry of the 24-month period of inactivity): $2.00

 

5.UsingaTicket.

Tickets mayonlybeusedonlineforpurchasesatonline Participating Partners,which Participating Partnersaresubjecttochangeatanytime.TicketspurchasedintheUnitedStatescanonlybeusedonlineforpurchasesatparticipatingU.S. Participating Partners. If you wish to use your Ticket at a Participating Partner for sports betting or gambling purposes, the following terms and conditions shall apply: (i) gambling and sports betting is permitted only in states that have authorized such activity; (ii) gambling and sports betting must be conducted via licensed operators; and (iii) minimum age restrictions shall apply to gambling and sports betting. Check your state law for detail.

Youmayuse yourTicketasoftenasyouliketo purchase goodsorservicessolongasthereisanAvailableBalance.Youmayuse uptothree (3) Ticketsonthesametransaction and no Transaction may exceed $300 U.S. dollars.WhenyoupayusingyourTicket,youwillbeaskedtoentertheTicket'sPIN.UponenteringthePIN,youirrevocablyauthorizethe Participating Partnerto deductthevalueofthattransactionimmediatelyfromyourTicket.OnceyouenteryourPIN,wecannotstopthattransaction.AlldebitsfromtheTicketshallbeinU.S.dollars.Youmaycheckyour AvailableBalanceatanytimeontheWebsite.

IfyoufindthatyourTicketisdefective, youshouldtellusimmediatelybyphoneat+1-877-638-6920.Ifitisnotpossibletoremedythedefect, wewill,atyouroption,issue youanewTicketorrefundtheAvailableBalanceontheTicket.Ticketsmayonlybeissuedinpredetermineddenominations.Therefore,ifthevalueofthereplacementTicketishigherthantheAvailableBalanceonthedefectiveTicket,youwillberequiredtopaythedifferencetouspriortoissuanceofthereplacementTicket.

 

6.Refund.

Tickets may not be used to access cash. However, if you elect to cancel your Ticket, youmayrequestarefundoftheAvailableBalanceonyourTicketprovidedthatyouhavemorethan$10remainingontheTicket.Todoso,callcustomerserviceat+1-877-638-6920. The refund will be given by check issued by the Bank. BeforewecanrefundtheAvailableBalancetoyou, wewillneedyoutoprovideus witha copy of the Ticket, theAvailableBalanceofyourTicket,your fullname,streetaddress, a copy of a valid government issued I.D., ande-mailaddress. In order to enableustocomplywithourlegalobligations,wemayaskyoutoprovideuswithcertainotherinformationbeforewecanprocessyourrefundrequest.An Available Balance Refund Feewillapply(seeFeessectionabove), whichwillbedebitedfromtheAvailableBalanceremainingontheTicket.

 

7.Ticket Misuse and Cancellation.

Wemayblockor cancela Ticketimmediatelyifwesuspectanyfraud or misuse ofaTicket,ifwehaveothersecurityconcerns, or ifweneed to dosoto complywithapplicablelaw. We have no obligation to refund or issue you a replacement if in our reasonable determination, there is evidence of fraud or misuse. Otherwise, wewillissue youwithareplacementTicketor arefund, atyouroption,ifyoucontactusandifwebelieve no fraud or misuse has occurred.Tickets mayonlybeissuedinpredetermineddenominations.Therefore,ifthevalueofthereplacementTicketishigherthantheAvailableBalanceonthecancelledTicket,youwill berequiredtopaythedifferencetouspriortoissuanceofthereplacementTicket.

 

8.Security and Unauthorized Transactions.

8.1.UponpurchaseofaTicket,youshouldcheckyourTicketreceipttoensureithasbothaPINandaserialnumber.IfyoucannotreadyourPINoryourserialnumberor youbelieve yourTicket,PINorserialnumberiscorruptedinanyway,thenyoumustinformusimmediatelyat+1-877-638-6920andprovideustheserialnumberofyourTicket.Once wehaveverifiedthattheTicket,PINorserialnumberiscorrupted,we willthensendyoua newTicket.IfyouareunabletoreadtheserialnumberoftheTicket,thenyoumustinformusimmediatelyat+1-877-638-6920.YouwillberequiredtosendusacopyoftheTicketreceipt by photographing the Ticket and sending it to us via email  asinstructedbythecustomerserviceagent.Once we haveverifiedthatboththePINandtheserialnumberareillegible we willsend youanewTicket.

8.2.Youmust keep yourTicketandPINsafeandprotectitfromaccessbyunauthorizedthirdparties.Donotgive yourPINtoanyunauthorizedthirdparty.

8.3.Youshouldtreat yourTicketlikecash.Ifyoulose your Ticket,it will notbereplaced.

WEARENOTRESPONSIBLEFORLOSTORSTOLENTICKETSorPINS.

8.4.IfyoubelieveyourTickethasbeenlostorstolen,youmustinformusimmediatelyat+1-877-638-6920 sothatanyremainingAvailableBalanceontheTicketcanbeblocked.ToenableustoblockaTicket, we will   requiretheserialnumber andthePIN.Itmaytakeuptoonebusinessdayfromthetime weareinformedoftheabuse/theftforustosuccessfullyblockaTicket.IftheAvailableBalanceissuccessfullyblocked,andunlesswe havereasontosuspectfraud,deliberateornegligentbehavioronyourpart, wewill,atyouroption,eitherissue youwithanewTicketorrefundthe AvailableBalanceontheTicket.Ticketsmayonlybeissuedinpredetermineddenominations.Therefore,ifthevalueofthereplacementTicketishigherthantheAvailableBalanceonthestolenTicket, youwillberequiredtopaythedifferencetouspriortoissuanceof thereplacementTicket.

 

9.TicketCustomerServiceandComplaints.

IfyouhavequestionsregardingyourTicket,pleasevisittheWebsiteorcall+1-877-638-6920. We offer 24/7 automated support, and live support between the hours of 3h00 and 16h00, Monday through Friday, and from 3h00 to 15h00 Saturday and Sunday, all in Eastern Time. Ifyou areunhappyinanywaywiththe Ticketorthe wayourserviceismanaged,pleasecallusat+1-877-638-6920 so wecan investigatethecircumstancesfor you. Anycomplaintsyouhavewillbedealtwithquicklyandfairly.

 

10.DisputesWithParticipating Partners.

Ifyouhaveanydisputesaboutpurchasesyouhave made withyourTicketataparticipatingonline Participating Partner,youmustsettlethese disputes directly withthe Participating Partner.Wearenotresponsibleforthequality,safety,legality,receiptofthe goodorservicepurchased,oranyotheraspectofanygoodsorservicespurchased withaTicket.

 

11.Liability.

11.1.Innoevent willwebeliableforlossofgoodwillorforspecial,indirect,consequentialorincidentaldamagesarisingfromyourpurchaseoruseoftheTicketorotherwiserelatingtotheTicket,regardlessofwhethersuchclaimarisesintortorincontract.

11.2.Wearenotliableandhavenoresponsibilityifa Participating Partner refusestohonoratransactionusingaTicketor ifthe Participating Partnerfailstocancelanauthorization.

11.3.Wewillnothaveanyliabilityifweareunabletoperformourobligationspursuanttothese Terms and ConditionsoriftheTicketisnotuseable,inwholeorinpart,asaconsequenceofanactofGod,fire,explosion,publicutilityfailure,accident, epidemics, pandemics, acts of a governmental authority, strikes,floods,embargo,war,terrorism,nucleardisaster,riot,failureofcommunicationlinksorfacilities,malfunctionofacomputeroperatedbyoronbehalfofus, or any other circumstances or events beyond our control, or the control of Bank, a Distributor, Participating Partner or athirdpartyengagedbyanyoftheforegoing (each, a "Force Majeure Event").

11.4.WedonotguaranteethepermanentavailabilityoftheTicketsystem,including,butnotlimitedto,theavailabilityofthesystemsofDistributorsor Participating Partners.

 

11.5.Our Liability for Failure to Complete Transactions

If we do not complete Ticket transaction in the correct amount, we will be liable for the erroneous amount. However, there are some exceptions. We will not be liable for failing to complete a transaction, for instance:

(1)If, through no fault of ours, the Available Balance on your Ticket is insufficient for the transaction;

(2)If the terminal or system was not working properly and you knew about the breakdown when you started the transaction;

(3)If circumstances beyond our control (such as a Force Majeure Event) prevent the transaction, despite reasonable precautions that we have taken.

(4)If a Participating Partner refuses to honor the Ticket; or

(5)As otherwise provided in these Terms and Conditions.

 

12.PrivacyofPersonalData.

Wedonotcollectanypersonaldata whenyoupurchaseaTicketfromaDistributor orwhenyouuseaTicketata Participating Partner.Personaldataiscollected whenyouprovidepersonaldatatoourWebsite,customerservicecenterand,ifrequiredbythe Participating Partner, whenyouprovidepersonaldatatoa Participating Partner aspartofatransaction.AllpersonaldataishandledinaccordancewithourPrivacyPolicywhichcanbeviewedonthe Website.

 

13.Your Representations and Warranties

By retaining or using or authorizing the use of the Ticket, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the United States; (iii) you have read these Terms and Conditions and agree to be bound by and to comply with its terms; and (iv) you accept the Ticket in accordance with these terms.

 

14.AmendmentofTermsandConditions

WemaychangetheseTermsandConditionsatanytime. All noticesandchangeswillbepostedontheWebsite.YoushouldchecktheWebsiteregularlyforsuchnoticesandchanges.YouruseofaTicketfollowingachangeshallbeconsideredas youracceptanceoftheamendedTermsandConditions.Ifyoudonotacceptanysuchchangethat we make, youmaynotifyusofyourobjectionandseekarefundofyourAvailableBalanceonyourTicketpursuanttoSection6above.Insuchcircumstances,youwillnotbechargedan Available Balance Refund Fee.

 

15.Assignment.

Wemay assign theseTermsand Conditionsatanytime, without notice.

 

16. Limitation of Liability

IfyouhaveanyclaimsregardingtheTickets,theamountofyourclaimisstrictlylimitedtotheLoadAmountoftheTicketinvolved.

 

17.Governing Law, Arbitration of Disputes and Waiver of Class Claims

PLEASE READ THIS SECTION 17 (THE "ARBITRATION PROVISION") CAREFULLY BECAUSE IT REQUIRES YOU AND US (AS SUCH TERMS ARE DEFINED BELOW) TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH EACH PARTY CAN SEEK RELIEF FROM EACH OTHER.

17.1.Definitions. As used in this Arbitration Provision, the terms "we", or "us" shall for all purposes include Bank's and Paysafecard.com's parents, wholly or majority-owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns and all of their respective agents, employees, directors, and representatives. In addition, "we", and "us" shall also encompass any third party using or providing any product, service, or benefit in connection with any Ticket (including, but not limited to Paysafecard.com Distributors and Participating Partners who accept the Ticket, third parties who use or provide services, and all of their respective agents, employees, directors and representatives), in each case, in connection with a Claim asserted by you, if, and only if, such third party is named as a co-party with either Bank or Paysafe or files a Claim with or against either Bank or Paysafe. As solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all persons or entities who have or use a Ticket, including but not limited to all persons or entities contractually obligated under any of these Terms and Conditions.

17.2.Claims Shall Be Settled by Arbitration. These Terms and Conditions and any past, present and future claim or controversy arising out of or relating thereto, including any claim against us in connection with or relating to the Ticket (each, a "Claim"), are governed by this Arbitration Provision.

Any Claim, including questions involving the scope, interpretation, or enforceability of this Arbitration Provision, will be settled by binding individual arbitration administered by the American Arbitration Association pursuant to its then-current Consumer Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") (available at www.adr.org/Rules), and will be arbitrated in Miami-Dade County, Florida, unless you elect to conduct proceedings telephonically or via other remote electronic means, or unless otherwise required under applicable AAA Rules. Each party will bear its own attorneys', experts' and witness fees. The AAA Rules will govern payment of all arbitration fees.

 

17.3 Collective Arbitration.

Arbitration proceedings may not be consolidated with those of other Ticket holders. Neither you nor we will have the right to participate as a member of any class of claimants pertaining to any Claim and each party expressly waives its right to assert or to participate as a part of any group, class, collective, mass, representative, or consolidated claim (each, a "Collective Arbitration"). Third parties' claims will not be joined in any arbitration between you and us.

Without limiting the generality of the foregoing, a Claim will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees, or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

17.4 Federal Arbitration Act. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. 1-16 ("FAA"), notwithstanding any other choice of law set out in this Agreement. Except to the extent needed to enforce this Arbitration Provision or any arbitral award issued hereunder, the parties waive all rights to a court or jury trial to resolve any Claims.

17.5 Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting legal.departmentNA@paysafe.com within thirty (30) days of first accepting these Terms and stating that you (include your first and last name) decline this Arbitration Provision. By opting out of the agreement to arbitrate, you will not be precluded from using the services but neither you nor we will be permitted to invoke the mutual agreement to arbitrate to resolve Claims under the terms otherwise provided herein.

17.6 Survival.This Arbitration Provision shall survive termination of your Ticket as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms and Conditions or any prior agreements you have had with us, each of which shall be enforceable regardless of such invalidity.

17.7 Class Action and Collective Arbitration Waiver.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE SHALL BE ENTITLED TO CONSOLIDATE, JOIN, OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY CLAIM, ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF THIS SECTION 17.7 ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.

 

18.Unclaimed Property

If we have no record of Ticket activity for two or more years, applicable law may require us to report and pay any unclaimed funds associated with the Ticket as unclaimed property. If this occurs, we may try to locate the owner of the Ticket. If we are unable to locate you, the owner, we may be required to deliver the unclaimed funds to where our records indicate is the state of your residence, or if our records do not so indicate, to the state where we are incorporated.

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