Legal Documents - ECARDINC

ECARD UnionPay Prepaid Card Cardholder Agreement

IMPORTANT NOTICES:

  1. PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“DISPUTE CLAUSE” SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
  2. BY ACCEPTING, SIGNING, OR USING THIS CARD, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the ECARD UnionPay Prepaid Card has been issued to you. By accepting, activating, signing, or using this Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, “Card” means the ECARD UnionPay Prepaid Card issued to you by Global Bank, 8 Catherine Street, New York, NY 10038, Member FDIC (the “Bank”). “Card Account” means the records we maintain to account for the value of claims associated with the 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 ECARD INC., our successors, affiliates or assignees. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of Global Bank, 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. Please read this Agreement carefully and keep it for future reference.

ABOUT YOUR CARD

Your Card is a prepaid card, which means you must add funds to the Card Account in order to use it. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded onto the Card Account. You should treat your Card with the same care as you would treat cash. Your Card Account does not constitute a checking or savings account and is not connected in any way to any other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. You will not receive any interest on the funds in your Card Account. This Card is not designated for business use and we may close your Card if we determine that it is being used for business purposes. We may close your Card or refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal, gambling or fraudulent activity. You cannot sell your Card to anyone else. The card can only be used by you. The fund associated with your Card Account are insured by the Federal Deposit Insurance Corporation (”FDIC”) for up to the maximum amount as published by the FDIC.

FEES

All fees will be withdrawn from your Card Account and will be assessed as long as there is a reminding balance on your Card Account, except where prohibited by law. If your Card Account balance is less than the Monthly Service fee, we will apply the balance of your Card Account to the Monthly Service fee amount resulting in a zero balance on your Card Account and collect the remaining balance of the Monthly Service fee from the next load of funds to your Card Account. The Monthly Service fee will be assessed on the same day each month beginning 30 days following your Card activation. Any other fees incurred will be in addition to the Monthly Service fee. If your Card Account balance does not contain sufficient fund to cover the accumulated fees and your Card Account balance will eventually become zero, your Card may be closed if the zero/negative account balance is not cured within 120 days. Please refer to the TABLE OF FEES and LOADING METHODS AND LIMITS set forth in Exhibit A below.

OPENING A CARD AND IDENTIFY VERIFICATION

Important information for opening a Card: To help the federal government combat terrorism financing and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a Card Account.

What this means for you: When you open a Card Account, we will ask for your name, street address, date of birth, government identification number and other information that will allow us to identify you. We may also ask to see a copy of a valid government issued picture identification card, proof of current address or other documents at any time. We may limit your ability to use your Card or certain Card features until we have been able to successfully verify your identity.

Eligibility and Activation: To be eligible to use and activate your Card, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) the personal information that you have provided to us is true, correct and complete; (iii) you have read this Agreement and agree to be bound by and comply with its terms. Secondary Cardholders must be at least 13 years of age. To activate your Card, call the number printed on your card or visit the web-site provided in the open card disclosure package. You will need to provide personal information in order to verify your identity for Card registration.

USING YOUR CARD

  1. Loading Your Card
  2. You may add funds to your Card Account, called “loading,” at any time subject to the methods and limitations describe in Exhibit A below. Your initial fund loading must be at least $100.00. If you arrange to have funds transferred directly to your Card Account from a third-party service provider through an Automated Clearing House (“ACH”) load, you must enroll with the third party by providing Global Bank’s routing number and direct deposit account number that we provide you. The ACH depoisit received must indicate that the deposit is intended for your account.  We will reject any loads that exceed the maximum loading amount allowed on your Card. You agree to present your Card and meet identification requirements to complete loading transactions as may be required from time to time.

    FEDERAL PAYMENTS: THE ONLY FEDERAL PAYMENTS THAT MAY BE LOADED TO YOUR CARD VIA AN ACH CREDIT ARE FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY CARDHOLDER. IF YOU HAVE QUESTIONS ABOUT THIS REQUIREMENT, PLEASE CALL CUSTOMER SERVICE.

  3. Accessing Funds and Limitations
  4. Each time you use your Card, you authorize us to reduce the funds available in your Card Account by the amount of the transaction and applicable fees. Your Card cannot be redeemed for cash. You may not use your Card for any illegal transactions. You may use your Card to:

    1. withdraw cash from your Card Account via ATM – with your Personal Identification Number (“PIN”), you may use the Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the UnionPay, Discover or NYCE acceptance mark. All ATM transactions are treated as cash withdrawal transactions. You may use the Card at an ATM and withdraw funds from a participating bank (over the counter withdrawal). Any funds withdrawn from a POS device will be subject to the maximum amount that can be spent on the Card per day. Please see our limits associated with withdrawing cash from the Card as set forth in Exhibit A;
    2. load funds to your Card Account through the supported fund loading methods set forth in Exhibit A. At our discretion, we may allow a load in excess of the limits disclosed in Exhibit A, including the maximum value limit, to post to the Card Account. However, if such a load payment is permitted to post on one occasion, there is no guarantee that any load(s), in any form (including Mobile Check Capture), in excess of the disclosed limit will be permitted in the future. While checks made payable to you as payee may be deposited to the Card Account using Mobile Check Capture, any personal checks, cashier’s checks, or money orders sent to the Bank are not an acceptable form of loading. All such checks and money orders sent to the Bank for Card loading will be returned unless the full amount may be applied toward a negative balance, in which case the check or money order may or may not be loaded to the Card at the discretion of the Bank;
    3. transfer funds between your Card Accounts whenever you request, and
    4. pay bills directly from your Card Account in the amounts and on the days that you request.

    You may use your Card to purchase or lease goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account. Some of these services may not be available at all terminals.

    Your card shall not be used for any purpose prohibited by local laws applicable in your jurisdiction. 

    You are not authorized and cannot use the Global Bank’s routing number and account number to make a debit transaction with a paper check, check-by-phone or other item processed as a check, or if you do not have sufficient funds in your account; these debits will be declined, and your payment will not be processed.

  5. Personal Identification Number (“PIN”)
  6. You will receive a PIN when you activate your Card. You can reset your PIN online on our Web-application or on our Mobile App. Please visit www.ecardinc.com for more information about Mobile App and provided Web-Application. You will need to enter your PIN when you use your Card to withdraw cash from ATM. If you use your Card in a Credit Signature POS transaction, a PIN is not required. You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in “Lost or Stolen Cards; Unauthorized Transfers” section below.  You should never share your card account information or PIN with anyone unless required by law.  If you do, you shall bear the risks associated with disclosing your account information and/or not safeguarding your PIN. 

  7. Obtaining Card Balance Information
  8. You may obtain information about the amount of money you have remaining in your Card Account by contacting Customer Service, online on our website or on our Mobile App. Along with this information, a 12 month transaction history is also available; please refer to our website, ecardinc.com, and the materials in the Card package for information. You may also call the Customer Service number which is printed on the Card.

  9. Secondary Cards
  10. For each Card initially requested by you, you may request up to two additional Cards for persons who are 13 years of age or older (each, a “Secondary Cardholder”). You are the Primary Cardholder of your Card Account. If you request a Card for a Secondary Cardholder, we will treat this as if you have authorized the Secondary Cardholder to use your Card and Card number, as applicable, and you, as the Primary Cardholder, will be liable for all transactions and fees incurred by such Secondary Cardholder, except as provided in this subsection and in “Lost or Stolen Cards; Unauthorized Transfers” section below.

    You must notify us to revoke permission for any authorized Secondary Cardholder. Transactions will be considered unauthorized only after you notify us that a Secondary Cardholder is no longer authorized to use his or her Card, as applicable. If you tell us to revoke the authorization, we may cancel your Card, close your Card Account, and issue you a new Card with a different number. Any negative balances on a secondary card may be the resonsibiltiy of the primary account holder.  Secondary Cardholders cannot load funds to any Card Account.

  11. Authorization Holds
  12. You do not have the right to stop payment on any purchase transaction originated by use of your Card. With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.

  13. Preauthorized Transfers
  14. Preauthorized credits: If you have arranged to have direct deposits made to your Card Account, it may take the third party up to 30 days to begin such transations. You can contact Customer Service to find out whether the deposit has been made.

    Right to stop payment and procedure for doing so: To stop a recurring payment to a Merchant you have preauthorized to debit your Card Account, you must first contact the applicable merchant to request the recurring payment be cancelled. If the merchant with whom you have arranged recurring payments from your Card Account is unable or unwilling to stop your payment, you can contact Customer Service. If you have told us in advance to make recurring payments out of your Card account, you can stop any of these payments. Contact Customer Service in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. There may be a fee associated with each stop payment order you give. For information about the fee, please see the section entitled Managing Funds in Exhibit A.

    Liability for failure to stop payment of preauthorized transfer: If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

  15. Returns and Refunds
  16. If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. Neither we nor the Bank is responsible for the delivery, quality, safety, legality or any other aspects of goods or services you purchase from others with the Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.  Receiption of returned funds when the original purchase was not made on this card will result in blocking your account until you can provide a copy of the sales receipt showing that you made the original purchase. 

  17. Receipts
  18. You may wish to retain receipts as a record of transactions. Receipts will be required if you need to verify a transaction.

  19. Split Transactions and other uses
  20. If you do not have enough funds available in your Card Account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment (“Split Transactions”). Some merchants do not allow cardholders to conduct Split Transactions. Some merchants will only allow you to do a Split Transaction if you pay the remaining amount in cash.

    If you use your Card number without presenting your Card (such as for an Internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself.

    YOU ARE NOT ALLOWED TO EXCEED THE AVAILABLE AMOUNT IN YOUR CARD ACCOUNT THROUGH AN INDIVIDUAL TRANSACTION OR A SERIES OF TRANSACTIONS.

  21. Transactions Made In Foreign Currencies
  22. If you obtain funds or make a purchase in a currency other than the currency in which the Card was issued, the amount deducted from the available balance of the Card Account will be converted into an amount in the currency of the Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by UnionPay from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate UnionPay itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain funds or make a purchase in a currency other than the currency in which the Card was issued, we may assess a foreign currency conversion fee of [1.49%] of the transaction amount and will retain this amount as compensation for its services. Transactions made outside the fifty (50) U.S. States are also subject to this conversion fee even if they are completed in U.S. currency.

  23. Card Account Balance/Periodic Statements
  24. You are responsible for keeping track of the available balance of the Card Account. Merchants generally will not be able to determine your available balance. It is important to know your available balance before making any transaction. You may obtain information about the amount of money remaining in the Card Account online on our website or on our Mobile App. You can also contact Customer Service. You will not automatically receive paper statements.

    This is a prepaid card and is not intended to allow the balance to go negative.  In the event that the card balance is negative, it is your responsibility to load funds into the account to bring the balance back to positive.  Failure to do so may result in collection attempts using, but not limited to, all information provided by you. 

  25. Bill Pay
  26. You must access the Bill Pay Service before 11:00 PM Pacific Time on the business day that the bill payment is going to be initiated. The funds are removed from your Card immediately; however, you must allow 2-7 business days, before the due date, for each bill payment to reach the payee.

  27. Card to Card Transfers
  28. You may use your card to transfer funds to your Family Cards or to another ECARD account holder.  Be careful when making these transfers and treat them like cash as the transfers will not be reversed.  If you make a transfer to an incorrect individual, you may not be able to relaim those funds. 

  29. ECARD Life® Cashback Bonus
  30. You may be eligible to receive a percentage of a purchase transaction made at a participating ECARD Life® Program merchant.  Purchase means the use of your 16-digit card number or physical card to buy or lease goods or services.  If your purchase is made using a Secondary Card, the cashback bonus will be credited to the primary cardholder account. Cashback bonuses will be credited 30 days from the date of purchase and the qualifying purchase must occur prior to the card valid thru date. 

    Participating merchants are subject to change and the cashback bonus amount is subject to change without notice.  For more information on participating merchants and cash back amounts go to https://merchant.ecardinc.com.

    In Case of Errors or Questions about your ECARD Life Cashback Bonus, call ECARD, Inc Customer Service at 1-866-ECARD-88 or the telephone the number on the back of your Card or contact us through the ECARD Prepaid Card website app.ecardinc.com,  or write to ECARD, Inc., ECARD Prepaid Card Customer Service, 142-34 Roosevelt Ave., Room 201, Flushing, NY 11354 as soon as you can.  You shall have 7 days following the deposit to notify us about any errors.  Errors will be researched and resolved within 30 days of notice. 

    CARD REPLACEMENT

    If you need to replace your Card for any reason except a Card expiration, please contact Customer Service to request a replacement Card. You will be required to provide personal information which may include the 16-digit Card number, your full name, the transaction history, copies of acceptable identification, etc. There is a fee for replacing a lost, stolen or damaged Card. For information about the fee, please see Exhibit A. A fee may also be assessed for expedited delivery of an additional Card; for more information about delivery options and applicable fees, see Exhibit A.

    EXPIRATION

    Please note that your Card has an expiration date on the back of the Card. You may not use the Card after the expiration date. A replacement Card will automatically be mailed to you prior to the expiration of the soon-to-expire Card as long as your card has been recently used. However, even if such date has passed, the available funds on your Card do not expire. You will not be charged a fee for replacement cards that we send due to expiration of your Card. It is your responsibility to keep your address updated on your account.  If an expired card is sent to the wrong address and returned, it will be destroyed.  You will be charged a fee to replace your card to have a second card sent to your updated address. 

    LOST OR STOLEN CARDS; UNAUTHORIZED TRANSACTIONS.

    Your Liability for Unauthorized Transfers or errors

    Tell us AT ONCE if you believe your Card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission.  You may call Customer Service at 1-866-ECARD-88 or write to us at ECARD Inc., 142-34 Roosevelt Ave., Room 201, Flushing, NY 11354. 

    Tell us AT ONCE if you believe your Card or other access device has been lost or stolen, or if you believe that an electonric fund transfer has been made without your permission.  Telephoning us is the best way to keep your possible losses down.  If you tells us within 2 business days of learning of the loss or theft of your Card or access device, you can lose no more than $50 if someone used your Card or access device without your permission.  You will not be liabie for any transactions that occure after you have notified us. 

    If you do NOT tell us within 2 business days, and we can prove that we could have stopped someone from using your Card, PIN or access device without your permission if you had told us, you could lose as much as $500. 

    Also, if your statement or transaction history shows purchases, withdrawals, or transfers that you did not make, tell us at once.  If you do not tell us within 60 days after the statement was mailed to you or within 60 days of viewing your transaction history on an access device, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.  If an extenuating circumstance, such as a hospital stay, kept you from telling us we may extend the time period. 

    Your Liability for Unauthorized UnionPay International Prepaid Card Transactions

    Your liability for unauthorized purchase transactions and ATM Withdrawals using the UnionPay International Network on your Card Account is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card. These provisions limiting your liability do not apply to debit transactions not processed by UnionPay International Co. Ltd., ATM withdrawals (“International ATM withdrawal in-network”) or foreign ATM withdrawals.  Tell us AT ONCE if you believe your Card has been lost or stolen or that someone has made a cash withdrawal or purchase using your account without your permission.  You may call Customer Service at 1-866-ECARD-88 or write to us at ECARD Inc., 142-34 Roosevelt Ave., Room 201, Flushing, NY 11354. 

    CUSTOMER SERVICE CONTACT INFORMATION

    For customer service or additional information regarding your Card, please contact:

    ECARD Inc.

    142-34 Roosevelt Ave., Room 201, Flushing, NY 11354
    www.ecardinc.com

    1-866-ECARD-88

    You can contact us to receive your account information 7 days per week, 365 days per year, and 24 hours per day by calling 1-866-ECARD-88, or by logging into your account through our website at www.ecardinc.com or our Mobile App. You may also call us to speak with an agent, Monday – Friday, 7 a.m. to 7 p.m. ET. There are no costs or fees to use these Account Support services, other than the costs charged by your wireless or other telecommunications provider.

     

    OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

    If we do not complete a transaction to or from your Card Account on time or in the correct amount according to this Agreement, we will be liable for your losses and damages proximately caused by us. 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 in your Card Account to complete the transaction;
    2. If a merchant refuses to accept your Card;
    3. If an ATM where you are making a cash withdrawal does not have enough cash;
    4. 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;
    5. If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
    6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
    7. If we have reason to believe the requested transaction is unauthorized;
    8. 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
    9. Any other exception stated in our Agreement with you.

    CHANGE OF ADDRESS

    You are responsible for notifying us immediately upon any change to your address. If your address changes to a non-US address, we may cancel your Card and return funds to you in accordance with this Agreement.

    NOTICE OF VARYING AMOUNTS

    If a recurring preauthorized payment will vary in amount from the previous payment under the same authorization or from the preauthorized amount, the person you are going to pay should tell you, at least 10 days before such payment, when the payment will be made and how much it will be. You may choose instead to get this notice only when the payment differs by more than a certain amount from the previous payment or when the amount falls outside certain limits.

    BUSINESS DAYS

    For purposes of this Agreement, our business days are Monday through Friday, excluding federal holidays and banking holidays in the state of New York. 

    OTHER TERMS

    Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules of any association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice) 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 New York except to the extent governed by federal law. Should your Card have a remaining balance after a certain period of time, we may be required to remit the remaining funds to the appropriate state agency.

    AMENDMENT AND CANCELLATION

    You will be notified of any change in the manner required by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. You may close your Card at any time by contacting Customer Service. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Should your Card account be closed, we will issue you a check for any unpaid balances, subject to fees as disclosed in this Agreement.

    UNCLAIMED PROPERTY

    If your Card Account becomes inactive (e.g., if you do not use the funds in your Card Account or access your Card Account for a certain period of time), applicable law may require us to report funds in your Card Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Card Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Card Account to a state varies by state, but usually ranges between 2 and 5 years.

    TELEPHONE MONITORING/RECORDING

    We may monitor and/or record telephone calls between you and us to assure the quality of our Customer Service or as required by applicable law.

    NO WARRANTY REGARDING GOODS AND SERVICES

    We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

    LIMITATION OF LIABILITY

    Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer your Card, your Card Account, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to your Card, your Card Account, any products or services purchased using your Card or your Card Account, or this Agreement (as well as any related or prior agreement that you may have had with us).

    ENGLISH LANGUAGE CONTROLS

    Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. In the event that there is any conflict between these translations and the original English version of this Agreement, the English version of this Agreement shall prevail.

    DELIVERY OF ELECTRONIC COMMUNICATIONS

    The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically and failure to consent will result in a declined application for an ECARD Prepaid Debit Card, except as provided below. 

    Scope of Communications to Be Provided in Electronic Form.  When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.  Your consent to receive electronic Communications includes, but is not limited to:

    • All legal and regulatory disclosures and communications associated with your Card Account and any related products or services
    • Your Cardholder Agreement and any notices about a change in terms of your Cardholder Agreement
    • Privacy policies and notices
    • Error resolution policies and notices
    • Responses to claims filed in connection with your Card Account
    • Notices regarding insufficient funds or negative balances

     

    Method of Providing Communications to You in Electronic Form 

    All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications on our website at www.ecardinc.com.

     

    How to Withdraw Consent

    You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 1-866-ECARD-88 or write to ECARD Inc. at 142-34 Roosevelt Ave., Room 201, Flushing, NY 11354.  If you do withdraw your consent, we will close your Card Account, except where prohibited by law.  We will not impose any fee to process the withdrawal of your consent to receive electronic Communications.  Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal.  In the meantime, you will continue to receive Communications in electronic form.  If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected. 

    How to Update Your Records.  It is your responsibility to provide us with a true, accurate and complete e-mail address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information.  You can update information (such as your e-mail address) through www.ecardinc.com or by contacting us at 1-866-ECARD-88.

    Hardware and Software Requirements

    In order to access, view, and retain Communications that we make available to you electronically, you must have:

    • An Internet browser that supports 128-bit encryption
    • The latest version of Microsoft Edge, Google Chrome or the equivalent software
    • Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit
    • An e-mail account with an Internet service provider and e-mail software
    • A computer, operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in via a plain text-formatted e-mail or by access to our web site using browser specified above or equivalent software.
    • Adobe Reader DC

     

    Requesting Paper Copies

    We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling 1-866-ECARD-88 or writing to ECARD Inc. at 142-34 Roosevelt Ave., Room 201, Flushing, NY 11354. 

    ARBITRATION

    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, if any; (iv) your acquisition of the Card; (v) your use 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) transactions 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).

    We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.

    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 this organization, contact it at: AAA, 50 E 42nd St 17th floor, 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. CALL 1-866-ECARD-88 TO CANCEL YOUR REQUEST FOR THE CARD AND TO REQUEST A REFUND, IF APPLICABLE.

    ECARD’s PRIVACY NOTICE

    ECARD Inc. may disclose information to third parties about you, your Card Account or the transactions you make.  Information we share may include any information submitted by you during the application process, any information you share with us over the phone, in writing, or electronic communications during the tenure of your account, and information about your account usage and transactions.  This information is used:

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

    We do not share or sell your information to unaffiliated third parties.  You may opt out of sharing your information at any time by contacting Customer Service.  Upon opting out of sharing your information, we will close your account.  After your account is closed, your information will be retained in our system to meet our regulatory requirements in the United States. 

     

    GLOBAL BANK’S PRIVACY NOTICE

    FACTS

    WHAT DOES GLOBAL Bank DO WITH YOUR PERSONAL INFORMATION?

    Why?

    Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing.  Federal law also requires us to tell you how we collect, share, and protect your personal information.  Please read this notice carefully to understand what we do.

    What?

    The types of personal information we collect and share depend on the product or service you have with us. This information can include:

    ·          Social Security Number

    ·          Account Balances

    ·          Credit History

    and Name and address

    and payment history

    and credit scores

    When you are no longer our customer, we continue to share your information as described in this notice.

    How?

    All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Global Bank chooses to share; and whether you can limit this sharing.

    Reasons we can share your personal information

    Does Global Bank share?

    Can you limit this sharing?

    For our everyday business purposes –

    Such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus

    Yes

    No

    For our marketing purposes-

    To offer our products and services to you

    No

    We don’t share

    For joint marketing with other financial companies

    No

    We don’t share

    For our affiliates’ everyday business purposes

    Information about your transactions and experiences

    No

    We don’t share

    For our affiliates’ everyday business purposes-

    Information about your creditworthiness

    No

    We don’t share

    For non-affiliates to market to you

    No

    We don’t share

    Questions?

    Call 1-212-991-6666 or visit  www.globalbankny.com

    Who We Are

    Who is providing this notice?

    Global Bank

    What We Do

    How does Global Bank protect my personal information?

    To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

    How does Global Bank collect my personal information?

    We collect your personal information, for example, when you

    ·          Open an account

    ·          Pay your bills

    ·          Use your credit or debit card

    or deposit money

    or apply for a loan

    We also collect your personal information from others, such as credit bureaus, affiliates or other companies

    Why can’t I limit all sharing?

    Federal law gives you the right to limit only:

     

    ·      sharing for affiliates’ everyday business purposes – information about your credit worthiness

    ·      affiliates from using your information to market to you

    ·      sharing for non-affiliates to market to you

     

    State laws and individual companies may give you additional rights to limit sharing.

    Definitions

    Affiliates

    Companies related by common ownership or control. They can be financial and non-financial companies.  Global Bank does not share with our Affiliates so they can market to you.

    ·          Global Bank has no Affilliates

    Non-affiliates

    Companies not related by common ownership or control. They can be financial and non-financial companies. Global Bank does not share with non-affiliates so they can market to you.

    ·          Global Bank does not share with non-affiliates so they can market to you. 

    Joint Marketing

    A formal agreement between non-affiliated financial companies that together market financial products or services to you. Our joint marketing partners include credit card account companies.

    ·          Global Bank does not jointly market

                     


     

    Exhibit A

    FEE TABLE

     

     

    I. ENROLLMENT

    FEE

    Primary Card Purchase

    No Charge

    Family Card Purchase

    $4.99 Per Card

     

    II. ADDING FUNDS TO YOUR CARD

    FEE

    ACH Direct Deposit

     

    No Charge

    Cash Loading*

    No Charge

    Bank to Card Transfer

    No Charge

    Card to Card Transfer

    No Charge

     

    III. REMOVING FUNDS FROM YOUR CARD

    FEE

    Domestic POS transaction

    No Charge

    ATM Withdrawal (domestic) NYCE SUM Network

    No Charge

    ATM Withdrawal (domestic) out-of-network*

    $0.99

    ATM withdrawal (international) NYCE SUM Network

    No Charge

    ATM withdrawal (international) out-of-network*

    $0.99

    Bill Payment – Electronic Payment

    $2.00 /per payment

    Bill Payment – Paper Check Payment

    $2.00 /per payment

    International Transaction Currency Conversion Fee on Top of Other Fees

    1.49%

     

     

    III. OTHER FEES

    FEE

    Monthly Service

    No Charge

    Customer Service

    No Charge

    Paper Statement by Mail

    $5.00

    Bank to Card Transfer Decline

    $15.00

    Card Replacement (Standard Delivery)

    $4.99

    (1 free per calendar year)

    Card Replacement (Expedited Delivery)

    $25.00

    Domestic ATM Decline – NYCE SUM Network

    No Charge

    Domestic ATM Decline – Out-of-network

    $1.00

    International ATM Decline – NYCE SUM Network

    No Charge

    International ATM Decline – Out-of-network

    $1.00

    ATM Balance Inquiry

    $1.00

    Teller Assisted Withdrawal

    $5.00

    Inactivity Fee

    $4.99**

     

    *Third party surcharge may apply

    ***This fee goes into effect on August 15, 2019. The Inactivity Fee is charged monthly after 180 days of inactivity even if your last activity was before the effective date. For example, if your last activity was April 1, the inactivity fee will start on September 29, 2019. The fee will stop being charged once activity resumes on the card and the 180 day timeframe will be reset.

     

    TRANSACTION LIMITS FOR PRIMARY CARD

     

    The dollar amounts and other limits may be modified for security and regulatory reasons when needed.

     

    I. ADDING FUNDS TO YOUR CARD

    Daily (Amount/Number)

    Monthly (Amount/Number)

    Bank-to-Card Transfer

    $2000/2

    $20,000/10

    Direct Deposit

    $5,000/5

    $20,000/20

    Cash Loads

    $999/3

    $9,999/30

    Card to Card Transfers

    $500/5

    $5,000/25

     

    II. REMOVING FUNDS FROM YOUR CARD

    Daily

    Monthly

    ATM withdrawal

    Ø  Domestic

    Ø  International

    * ATM withdrawal limit may vary from bank to bank.  

    *$2,500 is the combined monthly ATM withdrawal

     

    $400/3

    $400/5

     

    $2,500/15

    $2,500/15

    POS purchases

    Ø  Domestic

    Ø  International

     

     

    $5,000/10

    $3,000/15

     

    $10,000/100

    $10,000/100

     

    III. LIMITATIONS

    Limit

    Maximum number of Primary Card per person

    1

    Maximum number of Family Cards per Primary Card

    2

    Maximum PrImary Card Balance

    $10,000

    Maximum Family Card Balance

    $2,500

     

    TRANSACTION LIMITS FOR FAMILY CARD

     

    The dollar amounts and other limits may be modified for security and regulatory reasons when needed.

     

    I. ADDING FUNDS TO YOUR CARD

    Daily (Amount/Number)

    Monthly (Amount/Number)

    Direct Deposit

    Not Available

    Not Available

    Cash Loads

    Not Available

    Not Available

    Card to Card Transfers

    $500/5

    $5,000/25

     

    II. REMOVING FUNDS FROM YOUR CARD

    Daily

    Monthly

    ATM withdrawal

    Ø  Domestic

    Ø  International

    * ATM withdrawal limit may vary from bank to bank.  

    *$2,500 is the combined monthly ATM withdrawal

     

    $400/3

    $400/5

     

    $2,500/15

    $2,500/15

    POS purchases

    Ø  Domestic

    Ø  International

     

     

    $5,000/10

    $3,000/15

     

    $5,000/25

    $5,000/25

    For more information about prepaid cards, visit www.cfpb.gov/prepaid.  If you have a compliant about this prepaid card, you may visit www.cfpb.gov/complaint or call 1-855-411-2372.

     

     

    Register your card for FDIC insurance eligibility and other protections. Your funds will be held at or transferred to Global Bank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event Global Bank fails, if specific deposit insurance requirements are met and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.

    No overdraft/credit feature.

    This cardholder agreement was last updated on June 19, 2019