Terms & Conditions
First Security Visa Gift Card
FIRST SECURITY BANK Visa Gift Card Agreement
This Gift Card agreement ("Agreement") is the terms and conditions governing our issuance and your use of the enclosed First Security Bank 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 the Agreement. In this Agreement, "you" and "your" mean: (a) the person to whom we issue the Card; (b) the person receiving the Card; and (c) the person using the Card. The terms "we", "us", and "our" mean First Security Bank (Bank).
1. About your Card. You have received the Card with a U.S. Dollar amount fixed at the time of purchase. You acknowledge and agree that the amount available on the Card is limited to the prepaid U.S. Dollars fixed at the time of purchase. Your Card is a pre-paid access device and not a credit card. Your Card does not have a line of credit. Your use of the Card is subject to these Terms and Conditions. There is no separate deposit account established in your name at the Bank. The value of your Card is held in an aggregate account and there is no FDIC insurance to your benefit. You may not make any deposit or any other transaction except as described in these Terms and Conditions. The prepaid funds will decrease as you use the Card, or you incur, or we assess, a fee or charge. We do not pay interest on the prepaid funds on your Card. The amount of funds shown on the records of the Bank on your Card will determine the balance on the Card unless you can show the Bank information is wrong. The Card is our property and we reserve the right to cancel, repossess, or revoke its use at any time without prior notice, subject to applicable law. 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 with your Card, with or without your knowledge. Purchases of Cards are final, and resale of Cards is strictly prohibited.
2. Using Your Card. Your Visa Gift Card may be used for purchases everywhere that Visa debit cards are accepted to obtain goods and services up to the prepaid funds on the Card. Each time you use your Card, we will deduct the amount of the transaction from the remaining prepaid funds associated with the Card. The card is not reloadable and cannot be used after its prepaid funds reaches zero. Your Card may not be used to obtain cash, except in the event of a one-time cash withdrawal to remove all available funds on the Card, which will result in termination of the Card. In the event such a withdrawal is made, the cash that you receive will be equal to the balance of funds on the Card at the time of withdrawal less a $5 cash out termination fee. If the balance remaining on the Card is $5 or less at the time of withdrawal, no cash out withdrawal will be made. When using your Card at gas stations with "pay at the pump" capabilities, the Card cannot be authorized directly at the pump. Present the Card to the attendant for payment. You must have the amount available on the Card to pay for all transactions. If your purchase amount is greater than the amount available on your Card, the difference can be paid for with cash, check, credit or debit card, subject to the policy of the merchant. If a merchant attempts an authorization on the Card for an amount greater than the current balance on your Card, the transaction may not be approved by the Bank. The Bank is not responsible for the failure of any merchant to complete a transaction with your Card. If you exceed the amount of funds stored on your Card, you agree to pay Bank the excess amount upon demand. The funds are available for use until the valid 'thru date' shown on the front of the Card.
3. Signing your Card. You should sign the back of your Card as soon as you receive it to help protect your Card from unauthorized use. However, your responsibility for transactions with the Card does not depend on whether or not you sign your Card. Your Card is a signature based debit card and the bearer is entitled to use it therefore your signature on the back is important to help prevent fraud. PROTECT YOUR CARD LIKE CASH. A PIN is not needed in order to purchase goods or services at merchant locations that accept Visa cards.
4. Limitation on Frequency of Transfers. You may use your Card up to 25 times per day for purchases. You agree not to make transactions that exceed the amount of funds stored on your Card. Bank may limit the number of authorizations in a day or deny an authorization if Bank suspects fraudulent activity or for other security reasons.
5. Foreign Currency Transactions. If you make a transaction in currency other than U.S. dollars, Visa will convert the transaction into a U.S. dollar amount. The conversion rate will be determined using Visa currency conversion procedures then in effect. The conversion rate on the processing date may differ from the rate on the date of your transaction. Currently, Visa uses a currency conversion rate of either: (1) a wholesale market rate, or (2) a government mandated rate. In each case, Visa uses the rate in effect one day before the conversion date, plus one percent. Bank will charge your Card the converted U.S. dollar amount determined by Visa as described above.
6. Documentation of Card Transactions. You will receive a receipt each time you make a merchant Point Of Sale (POS) transaction. You can determine the balance of funds available on your Card (i) by calling 866-353-1275 or 877-611-3118; or (ii) by visiting a First Security Bank location.
7. Disputes with Merchants. If you use your Card at a merchant, and a dispute with the merchant arises, you agree to make a good faith effort to settle the dispute with the merchant. Any unresolved dispute may be sent to us in writing for assistance in settlement. See Section 17 below of these Terms and Conditions for additional details regarding unauthorized transactions. You cannot stop payment to merchants for transactions made through the use of your Card.
8. Preauthorized Transfers. You may not make pre-authorized recurring payments with your Card.
9. Illegal, Gambling, and High-Risk Transactions. You agree that you will not use your Card for any transaction that is illegal in the jurisdiction where you live, in the jurisdiction where the transaction is consummated, or in any other ju¬risdiction affected by the transaction. You agree that it is your responsibility to determine the legality of each trans¬action in all applicable jurisdictions before entering into such transaction. Display of the Visa® logo or any other logo by any person accepting the Card does not indicate that the transaction is legal in all applicable jurisdictions. You acknowledge and agree that we have no obligation to monitor, review or evaluate your Card transactions for legality and that we may presume that all of your Card transactions are legal in all applicable jurisdictions. You also agree that you will not use your Card in connection with any Internet or on-line gambling transaction, whether or not gambling is legal in any applicable jurisdiction. We reserve the right to decline any transaction that we believe is an illegal transaction, an Internet or on-line gambling transaction or a high-risk transaction. To the fullest extent permitted by law, you further agree that we are not respon¬sible for the recovery or reimbursement to you of any funds transferred in connection with any transaction authorized by you that is determined to be illegal.
10. Disclaimer of Liability. In providing the Card and related services to you, the Bank disclaims any duty or responsibility other than those expressly set forth in these Terms and Conditions.
11. Termination of Card. The Card shall remain the property of the Bank. You agree to `return` your Card upon our request. The Bank may revoke or cancel your Card without prior notice and terminate these Terms and Conditions. If you request, we will send you any balance remaining on the Card. You may terminate these Terms and Conditions at any time by returning your Card to the Bank. Termination, whether by you or the Bank, shall not affect prior transactions or obligations relating to your Card existing at the time of termination.
12. Amendment of Terms and Conditions. These Terms and Conditions may be amended from time to time by Bank.
13. Severability/No Waiver. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The Bank's failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver the Bank's right to subsequently enforce such provision or any other provisions of these Terms and Conditions.
14. Telephone Monitoring. Bank may listen to and record telephone calls between you and the Bank for the purpose of monitoring and improving the quality of service you receive.
15. Governing Law. These Terms and Conditions, the Card and all Card transactions are subject to the laws of the state of Arkansas.
16. Lost/Stolen Cards. We are not responsible for lost or sto¬len Cards, and we have no ability to identify the person using a Card at the point of purchase. If you believe your Card has been lost or stolen, call us immediately at Customer Service 1-877-611-3118 or 866-353-1275 after hours. You can also write to: First Security Bank Gift Card Security, P.O. Box 1009, Searcy, AR 72145-1009. Visa's Zero Liability policy protects you from liability for unauthorized use of your Card. Keep a record of your Card number in a safe place, separate from the Card. Any remaining balance after the Card has been cancelled will be re-issued to you on a replacement Card after deducting a $5.00 service fee subject to applicable law. If the remaining balance after the Card has been cancelled is $5.00 or less, no replace¬ment Card will be issued.
17. Unauthorized Transactions and Error Resolution Procedures. If you believe your Card has been stolen, or that someone has used your Card or made purchase transactions without your permission, call us immediately at Customer Service 1-877-611-3118 or 866-353-1275 after hours. You can also write to: First Security Bank Gift Card Security, P.O. Box 1009, Searcy, AR 72145-1009. You will not be liable for unauthorized transactions on your Card if you notify us promptly and you are not grossly negligent or fraudulent in the handling of your Card. If you fail to notify us promptly and you are grossly negligent or fraudulent in the handling of your Card, you could lose all the value available on your Card Record.
When calling please be prepared with the following information:
• Cardholder's name and Card number
• Original value and most recent transactions
In order to conduct a complete investigation, you may need to provide a signed affidavit. Any transaction we identify as unauthorized which you promptly report and are determined not to be grossly negligent or fraudulent in the handling of your card will not be held against the Card Record.
18. Business Day Disclosure. Bank's business days are Monday through Friday. Saturdays, Sundays and holidays are not included.
19. Expiration of Card. Your Visa Gift Card is valid until the expiration date shown on the front of the card or until the amount of funds is exhausted, whichever comes first. Any transactions that are attempted after the card is no longer valid will be declined.
20. Schedule of Fees and Charges.
The following fees and charges are imposed by the Bank on your use of the Card.
Cash Out Termination Fee $5.00
Lost or Stolen Card Re-issue Fee $5.00
Monthly Inactivity Fee $5.00*
* You will be charged an inactivity fee of $5 per month after 12 consecutive months of no activity. This fee will be deducted from any remaining balance on the Card until the balance reaches zero or activity occurs. No more than one
inactivity fee will be imposed during any given calendar month.
For additional information regarding fees and charges please call 877-611-3118.
21. Bank Liability to You for Failure to Complete Transactions. If Bank does not complete a transaction on your Card on time or in the correct amount, Bank will be liable or your losses and damages. However, there are some exceptions. Bank will NOT be liable, for instance, if:
a. Through no fault of the Bank, you do not have enough money on your Card to complete the transaction.
b. The transaction would exceed the value on your Card.
c. Circumstances beyond Bank's control (such as acts of God, fire, or flood) prevent the transaction, despite reasonable precautions that Bank has taken.
d. Bank is prohibited by law from completing the transaction.
e. There may be other exceptions stated in Bank's Terms and Conditions with you.
22. Disclosure of Account Information to Third Parties. Bank will disclose information to third parties about account transfers you make:
a. Where it is necessary for completing a transaction;
b. In order to verify the existence and condition of your account to a third party, such as a credit bureau or merchant;
c. In order to comply with a governmental agency or court order; or
d. If you give Bank your written permission.
23. Limitation of Liability. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT OR BY APPLICABLE LAW, YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS, INJURY, OR DAMAGE ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, CONSE-QUENTIAL, OR INCIDENTAL DAMAGES, EVEN IF WE HAVE BEEN SPE¬CIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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