Fondue Award Prepaid Mastercard Cardholder Agreement

Customer Support: support@getfondue.com

This Cardholder Agreement (“Agreement”) outlines the terms and conditions under which this Fondue Award Prepaid Mastercard (“Card”) has been issued to you. The Card is issued by Patriot Bank, N.A., Member FDIC (the “Issuer”). The Card is issued pursuant to a license by Mastercard International Incorporated. The Card can be used everywhere Mastercard debit cards are accepted. Mastercard is a registered trademark of Mastercard International. Cards are not FDIC insured.

Stodge Inc. d/b/a Postscript (“Fondue”) is the entity administering the Card and can be reached at the contact information above.

For purposes of this agreement, “you” and “your” refer to the person who has received and is authorized to use the Card. “We,” “us,” and “our” refer to the Issuer and its successors or assigns and Fondue, as appropriate.

IMPORTANT

This Card has been issued for loyalty, award, or promotional purposes and is not a gift card. Any funds remaining after the expiration of the Card will not belong to you or be available to you for additional use. 

You do not have rights to the funds beyond the authorized use provided for in this Agreement. 

Always know the exact dollar amount available on the Card. Merchants may not have access to determine the Card balance. You may view your Card balance by contacting customer support at the contact provided above.

If you do not agree to this Agreement, do not use the Card and cancel the Card by contacting Customer Support. Any refunds or exchanges are subject to the policy of the Issuer.

THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND CONTAINS A CLASS ACTION WAIVER. THE TERMS OF THE ARBITRATION CLAUSE APPEAR IN SECTION 9 (DISPUTE RESOLUTION).

1. Fees and Expiration.

a. Expiration. Your Card will expire on the date shown on the front of the card. Any funds on a Card which are not ultimately spent by the Card’s expiration, or funds attributable to refunds or chargebacks that are not spent by the Card’s expiration, will expire and will not be available for Your use.

b. Fees. You will not be charged any fees in connection with your use of the Card.

2. About the Card. The Card is a prepaid card loaded by Fondue with a specific amount of funds. The Card is not a credit or charge card, and is not connected to any other account.

a. No Cash Value. The Card cannot be redeemed for its cash value, used for illegal transactions or gambling transactions, used for recurring payments, or used to obtain cash at ATMs or point-of-sale devices.

b. Limits. We may impose limits on the merchant category as well as the amount or number of transactions you may make on the card for security reasons. We may refuse to process any transaction that we believe may violate the terms of this Agreement. You are not allowed to exceed the balance of funds available on the card. You may not add to your Card balance, or combine your Card balance with other prepaid cards, payment instruments, or stores of value. If you make or attempt to make any transaction with your Card that would cause you to exceed or breach applicable limits, we may decline the transaction and/or suspend your Card.

c. Balance. You may obtain information about the amount of funds remaining at no charge by contacting customer support at the contact provided above. A history of transactions may also be obtained by contacting customer support at the contact above

d. Authorization Hold. You do not have the right to stop payment on any purchase transaction originated by use of the Card. 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.

e. Usage Restrictions. The Card cannot be used at automated fuel dispensers (“pay at the pump”).  Fuel purchases must be completed inside with the cashier. Additionally, the Card cannot be used at restaurants, hotels, rideshares or similar establishments associated with gratuities or incidentals.   

f. Returns and Refunds. If you are entitled to a refund for any reason for goods or services obtained with the Card, the return and refund will be handled by the merchant. If the merchant credits the 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.

g. Receipts. You may wish to retain receipts as a record of transactions. You may need a receipt in order to verify a transaction with us or the merchant.

3. Replacement. If you need to replace the Card for any reason, please contact Customer Support at the contact at the beginning of this Agreement. Please note you cannot use the Card or have access to the funds after the expiration date.

4. Communications. You agree that we may monitor and record any calls or other communications between us and you. 

5. Unauthorized Transactions.

a. Contact Us Immediately. If you believe the Card has been lost or stolen or an unauthorized transaction has been made using the information from the Card without your permission, contact Customer Support IMMEDIATELY. We will ask for the Card number and other identifying details. We may not be able to assist you if you do not have the Card number. We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction.

b. Zero Liability. Under Mastercard’s Zero Liability Policy, your liability for unauthorized transactions on your Mastercard-branded Card is $0.00 if you notify us promptly upon becoming aware of the loss or theft, and you exercised reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This policy limiting your liability does not apply to debit transactions not processed by Mastercard, certain commercial transactions, or unregistered cards. You understand that the Card is a “loyalty, award, or promotional gift card” as defined by Regulation E, so the Card is not subject to the Electronic Funds Transfer Act and Regulation E protections that apply to general-use prepaid cards.

6. No Warranties; Limitation of Liability. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with a Card. Further, we will not be liable: (1) if, through no fault of ours, you do not have enough funds available on the Card to complete the transaction; (2) if a merchant refuses to accept the Card; (3) if an electronic terminal where you are making a transaction does not operate properly; (4) if access to the Card has been blocked after you reported the Card lost or stolen; (5) if circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction; or (6) for any other exception stated in our Agreement with you. WE ARE NOT LIABLE TO YOU FOR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR CARDS. YOU ACKNOWLEDGE THAT WE PROVIDE CARDS SOLELY TO AND FOR THE BENEFIT OF FONDUE FOR THE PURPOSE OF ADMINISTERING A LOYALTY, AWARD, OR PROMOTIONAL PROGRAM, AND THAT WE WILL HAVE NO LIABILITY TO YOU WHATSOEVER IN CONNECTION WITH ANY BREACH, FAILURE OR OTHER PROBLEM OR ISSUE WITH RESPECT TO CARDS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY FONDUE IN CONNECTION WITH YOUR USE OF A CARD DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY OR (B) $10.

7. Indemnification. You agree to indemnify us and hold us harmless from and against any losses, liabilities, damages, claims, costs or expenses (including reasonable attorneys’ fees) arising out of or relating to claims, proceedings, suits, or actions brought by or initiated against us or any of the other indemnitees specified above by any third party due to your use of the Card or violation of law, fraud, gross negligence, or willful misconduct. We may defend any claim subject to indemnification hereunder, using counsel of our choice, and you will pay or promptly reimburse us for the reasonable fees of such counsel and all related costs and reasonable expenses.

8. Privacy. 

a. General Privacy Provisions. We may provide information to our employees, auditors, affiliates, service providers, or attorneys as needed, or to any third party if you give us your written permission. We may also collect: (1) information about purchases made with the Card, such as date of purchase, amount and place of purchase; and (2) information you provide to us when you register a Card, or for replacement Cards, or when you contact us with customer support issues, such as name, address, phone number. We may also disclose information about the Card or the transactions you make to third parties in order to: (1) complete transactions; (2) verify the existence and condition of the Card for a third party, such as merchant; (3) provide customer support; (4) process claims for lost or stolen Cards; (5) help protect against fraud and to conduct research and analysis; or (6) comply with government agency or court orders, or other legal reporting requirements. 

b. Issuer Privacy Policy. The Issuer’s GLBA Privacy Policy is available at: https://bankpatriot.com/getmedia/c2d55f13-41c7-454f-8119-d5dd274c1569/Privacy_Policy_1.pdf. 

c. Fondue Privacy Policy. Fondue will process your information as described in its privacy policy. Fondue’s privacy policy is available at: https://www.getfondue.com/privacy-policy.

9. Jury Trial Waiver and Arbitration. Because you have a limited right to use of these funds, any dispute regarding loss of funds should be handled with Fondue as set forth in the Reward Program Terms available at: https://www.getfondue.com/terms-of-service. However, to the extent you pursue action or claim against us, you agree to the following clauses.

a. Jury Trial Waiver. To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this agreement. This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section, which contains its own jury trial waiver.

b. Arbitration Clause. You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card. You must send the opt out notice in writing to Stodge Inc. d/b/a Postscript, ATTN: Legal Department, 3370 N Hayden Road, Suite 123-251, Scottsdale AZ 85251, with a copy via email to legal@postscript.io (“Notice Address”). This Arbitration Clause governs any dispute arising under this Agreement, aside from the validity and coverage of this Arbitration Clause. Arbitrations will be conducted under the rules of the arbitration administrator, as chosen by us. Arbitration may be brought by you or us, and we will not demand arbitration if you bring an individual action in small claims court. In addition to the Jury Trial Waiver above, you also waive your rights to be a class member or bring suit in a class action or class arbitration. In order to commence an arbitration, the party bringing the dispute must send the notice and complaint in writing. You must send your notice to the Notice Address. After receiving notice, the other party has 30 days to attempt to resolve the issue before a suit or arbitration commences. We will pay all costs associated with administering an arbitration brought by you in good faith, if you cannot get a waiver and ask us to pay. Further, we will pay legal fees and costs if you win or as required by law or the arbitrator. This Arbitration Clause will stay in force if your Card is closed or we assign our rights under this Agreement. This Arbitration Clause and any rights to appeal or requests for information will be governed by the Federal Arbitration Act and the rules of the arbitrator.

10. Miscellaneous. This Agreement (including any additional terms incorporated by reference herein) constitutes the entire understanding between you and us regarding the subject matter of this Agreement, and no other agreements, representations, or warranties other than those provided in this Agreement will be binding unless in writing and signed by you and us. If you allow another person to use the Card, you will be responsible under this Agreement for all transactions made by that person. You may not assign or transfer the Card or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in the Card. 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 is 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 will not be affected. This Agreement will be governed by the law of the state of Connecticut, without regard to its conflict of law principles, except to the extent governed by federal law.

11. Changes to This Agreement. You may not modify this Agreement without Fondue’s prior written consent. Fondue may modify this Agreement at any time Fondue deems to be reasonable in the circumstances, including as required by the Issuer. We may notify you of any modifications to this Agreement by email to the email address we have on file for you, posting on the landing page accessible via the link provided to you by email, or through any other reasonable form of notice. If you do not accept any such modification, you must stop using the Card. If you continue to use the Card, you will be deemed to have consented to the modifications of this Agreement.