Terms of Use

Linx Card, Inc. Cardholder Agreement

Terms and Conditions/Definitions for Linx Card

IMPORTANT – PLEASE READ CAREFULLY

This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which the Linx Card Prepaid Card (“Linx Card”) has been issued to you by The Security State Bank, St. Paul, Minnesota (“SSB” or “Issuer”). The Issuer is an FDIC insured member institution. “Card” means the Linx Card issued to you by SSB. Linx Card provides support, administration and marketing services for the Card. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement.

“Card Account” means the records we maintain to account for the value of claims associated with the Card. “Account Number” means the 9-digit number used to identify your Card Account. “Card Id” is the unique 16-digit pre-printed number on the back of your Card. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean the Issuer, our successors, affiliates or assignees. “Linx Card” means Linx Card, Inc. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. There is no expiration date for your Card. The Card is a prepaid card. The Card is not connected in any way to any other account you may have. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may close your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.

Our business days are Monday through Friday, excluding federal holidays. Any references to “days” found in this Agreement are calendar days unless indicated otherwise.

Write down your Card Number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD ACCOUNT

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who uses a Card Account. What this means for you: When you use a Card Account, we will ask for your name, and other information that will allow us to identify you, including but not limited to an approved form of U.S. Federally issued identification or State issued driver’s license.

Activate Your Card

You do not need to ativate your Card before it can be used. You activate your Card by use. You will need to provide personal information in order to verify your identity during each transaction.

Personal Identification Number

You will not receive a Personal Identification Number (“PIN”) with your Card. You should treat your card as if it is cash. To load initial funds or add value to your Linx Card, you may use a Linx Kiosk or go to www.linxkiosk.com

Authorized Card Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card Number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

Your Representations and Warranties

By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 21 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 or the District of Columbia; (iii)); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) by use you accept a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.

Loading Your Card

You may add funds to your Card, called “value loading or reloading”, at any time. The minimum amount of the initial value load is $10.00. The minimum amount of each value reload is $10.00. There are no limits on the number of times you may value load your Card. However, you may not load more than $500.00 per day or $2,500.00 per month or have an outstanding balance at any one time greater than $1,000. Please refer to the Usage Limits section.

For purposes of the limits on value loading, your value loads are aggregated with any other Cards you have authorized, via cash load using authorized Linx Kiosks or at a Linx Pay Network Retailer. You will have access to your funds immediately after a cash load. You may find additional information on how to initiate a value load, where to load your Card and the timeframe for each loading method by visiting www.linxkiosk.com. Personal checks, cashier's checks, and money orders sent to Linx Card, Inc. are not an acceptable form of loading. All checks and money orders sent to the Linx Card, Inc. for Card loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Card at our discretion.

Using Your Card

The maximum amount that can be spent on your Card per day and the maximum value on the Card can be found under the Usage Limits section.

If you use your Card ID without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash.

Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card.

Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. The Issuer or Linx Card is not responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

Card Replacement

If you need to replace your Card for any reason, please contact us at 1-866-420-2864 to request a replacement Card. You will be required to provide personal information which may include your Card ID, full name, transaction history, copies of accepted identification, etc.

Transactions Made In Foreign Currencies

All transactions are performed in U.S. dollars; no foreign currencies are supported by Linx Card.

Receipts

You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.

Card Account Balance

You are responsible for keeping track of your Card Account available balance. Merchants generally will be able to determine your available balance and issue you a receipt showing that balance upon making a purchase. You should know your available balance before making any transaction.

You may obtain information about the amount of money you have remaining in your Card Account by calling (866) 420-2864. This information, along with a sixty (60) day history of Card Account transactions, is available online at www.linxkiosk.com. You have the right to obtain a sixty (60) day history of Card Account transactions by calling (866) 420-2864 or by writing us at Linx Card Customer Service, 1990 N. California Blvd., 8th Floor, Walnut Creek, CA 94596. Please note there is a fee for this service. You will not automatically receive paper statements.

Fees and Limitations

All fee amounts will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. NOTE: Fees assessed to your Card Account balance may bring your Card Account balance negative. Any time your Card Account balance is less than the fee amount being assessed on your Card Account, the balance of your Card Account will be applied to the fee amount. THIS WILL RESULT IN A NEGATIVE BALANCE ON YOUR CARD ACCOUNT. If that occurs, funds subsequently deposited or loaded into your Card Account will first be applied to the negative balance.

Information pertaining to cardholder usage fees, service fees and transaction fees is described in Appendix 1.

Monthly Transaction and Card Balance Limit

Card loading and redemptions at Linx Pay network merchants are limited as follows:

  1. $500.00 per day
  2. $2,500.00 per month
  3. $1,000 maximum balance at any one time in the Card Account

Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

  1. Where it is necessary for completing transactions;
  2. In order to verify the existence and condition of your Card for a third party, such as merchant;
  3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;
  4. If you consent by giving us your written permission;
  5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or
  6. Otherwise as necessary to fulfill our obligations under this Agreement.

Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
  2. If a merchant refuses to accept your Card;
  3. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
  4. If access to your Card has been blocked after you reported your Card lost or stolen;
  5. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
  6. If we have reason to believe the requested transaction is unauthorized;
  7. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
  8. Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at (866) 420-2864. Under Linx Card, Inc. Operating Regulations, your liability for unauthorized transactions on your Card Account is limited if you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability applies if you notify us within two (2) business days of any unauthorized transactions, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.

Also, if you become aware of and/or your online statement shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled, “Information About Your Right to Dispute Errors.” If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down.

Other Miscellaneous Terms

The Linx Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

Amendment and Cancellation

We may amend or change the terms and conditions of this Agreement at any time. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. In the event that your Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.

Information About Your Right to Dispute Errors

In case of errors or questions about your electronic transactions, call (866) 420-2864 or write to Linx Card Customer Service, 1990 N. California Blvd., 8th Floor, Walnut Creek, CA 94596, Attention: Disputes. If you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You may report an error up to sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared.

You may request a written history of your transactions at any time by calling us at (866) 420-2864 or writing us at Linx Card Customer Service, 1990 N. California Blvd., 8th Floor, Walnut Creek, CA 94596. You will need to provide the following information:

  1. Cardholder name and Card ID
  2. Description of the error and dollar amount
  3. Date of transaction in question
If you provide this information orally, we will require that you send your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card.

We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at (866) 420-2864. If you need more information about our error-resolution procedures, call us at the telephone number shown above.

English Language

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service

For customer service or additional information regarding your Card, please contact us at support@linxkiosk.com or by calling customer care at (866) 420-2864.

Our Mailing address is:

Linx Card Customer Service
1990 N. California Blvd., 8th Floor
Walnut Creek, CA 94596

Telephone Monitoring and Recording

Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) the Cards of any additional cardholders designated by you; iv) your purchase of the Card; v) your usage of the Card; vi) the amount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; viii) the benefits and services related to the Cards; or ix) transaction on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.

All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL US AT (866) 420-2864 TO CANCEL YOUR CARD AND TO REQUEST A REFUND.

Effective Date

This Agreement is effective October 1, 2015