IMPORTANT—PLEASE CAREFULLY READ
This Cardholder Agreement and Disclosure (this “Agreement”) covers your rights, our rights, and the rights of our affiliates and representatives, relating to your purchase of a Downtown Newark Partnership (“DNP”) Gift Card, and, the issuance to you, and your use of, the Card (the “Card”). This card is issued by First California Bank (“FCB”). First California Bank is a member of the Federal Deposit Insurance Corporation (“FDIC”) and all cardholders funds are insured by the FDIC in accordance with the FDIC’s applicable terms and conditions. This card is distributed and serviced by either CheckFreePay Corporation a licensed money transmitter, or CheckFreePay Corporation of New York, which is licensed as a Money Transmitter for payment services by the New York State Department of Financial Services. In this Agreement, “you” and “your” means the person or persons who have either purchased and use the Card or who has received the Card as a gift and are authorized to use the Card as provided for in this Agreement. As used herein, “we”, “us” and “our” mean Downtown Newark Partnership our successors, affiliates or assignees or First California Bank (“FCB”)
By using, or authorizing any other person to use your Card, you hereby understand and agree to the following terms and conditions:
1. Receipt of Funds via the Card. You have delivered funds to us (the “Funds”) to be used at the specified merchants that belong to our group for goods and services. The Funds transferred to you will be placed into an account maintained at FCB which is a depository institution. You can in turn access your Funds through your use of the Card.
2. Availability of Funds. You may use your Card only to the extent that you have available Funds. You can call us at 1-866-510-2983 to get your current card account balance or you may go to our website https://www.thecardcenter.com/. If the merchant attempts to process the Card for more than your available funds, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges.
3. Expiration Date of the Card. This Card will expire five (5) years from the date it was purchased. The Card will be valid until the sooner of the date all value has been used or the expiration date. The expiration date can be found by visiting our website at https://www.thecardcenter.com/. If the card balance is zero or becomes zero we will close the account.
4. No Interest on your Funds. You will not receive any interest on the Funds.
5. Card Usage. You may use your Card to purchase goods and services only at a participating DNP merchant’s retail location. A current list of participating merchants is available at the DNP’s website www.enjoydowntownnewark.com. You may not use the Card for ATM withdrawals; you may not deposit the value into your bank account; and you may not use the Card for internet purchases.
6. Fees. If this Card becomes inactive for twelve consecutive months, there will be a Monthly Maintenance fee of $ 2.95 per month commencing on the thirteenth month. This fee will be charged each and every month thereafter that the card is inactive until such time as the balance is depleted or the card expires. If the card balance is zero or becomes zero we will close the account. In the event the card is lost or stolen and you request a replacement card there will be a Replacement Card fee of $ 9.95.
7. Receipts at Electronic Terminals. You will get a receipt at the time you use your Card to purchase goods or services through a merchant at any DNP retail or other establishment.
8. Balance & Transaction Information. You may access our website at https://www.thecardcenter.com/ to obtain balance information or to see a history of your transactions for the past twelve months. We will not issue any paper statements that show transaction history. On our website you may also access this agreement, any amendments to this agreement, including, without limitation, any changes in the Cardholder usage, and fees set forth thereon or any other terms or conditions of your use of the Card; as well as all other disclosures, notifications and information relating to the Card and the terms of your use of the Card.
9. Lost or Stolen Cards. You must notify us immediately if you believe that your Card has been lost or stolen or that someone has learned the Card number. Telephoning us at 1-866-510-2983 is the best way of minimizing your possible losses.
10. Our Liability for Failure to Complete Transactions. If we do not properly complete a Card transaction for you on time and in the correct amount, we could be liable for your losses or damages. However, there are some exceptions.
· If through no fault of our own, you do not have adequate Funds available to complete the transaction;
· 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;
· If circumstances beyond our control (such as fire, flood or communications or computer failure) prevent the completion of the transaction, despite our reasonable efforts;
· If access to your account has been blocked after you have reported your Card lost or stolen;
· If a merchant refuses to accept your card:
· If there is a hold on your Card Account for any reason;
· If your Funds are subject to legal process or other encumbrance restricting their transfer; or
· If your transfer authorization terminates by operation of law.
· There may be other applicable exceptions not listed above, but stated elsewhere in other agreements between you and us.
11. Error Resolution. In case of errors or questions about electronic Card transactions, please notify us as soon as possible if you think the website information or a receipt is wrong, or you need more information about a transaction listed on our website or receipt. You can notify us via telephone at 1-866-510-2983 or via courier or mail at Downtown Newark Partnership c/o CheckFreePay Corporation, 15 Sterling Drive, Wallingford, CT 06492
We must hear from you no later than sixty (60) days after you first viewed the information on our website on which the problem or error appeared. When you notify us:
· Tell us your name and Card number.
· Describe the error or transaction that you are unsure about, and explain as clearly as possible why you believe that it is an error or why you need more information.
· Tell us the dollar amount of the suspected error and where and when the transaction took place. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.
· Within ten (10) business days after we hear from you, we will determine whether an error occurred, and if so, we will correct the 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 use of the money during the time that it takes us to complete our investigation. If we ask you to put your complaint or questioning in writing and we do not receive it within ten (10) business days, we may choose not to credit your Card.
· We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
12. Confidentiality. We may disclose information to third parties about your Card transaction history:
· Where it is necessary for completing transactions;
· In order to verify the existence and conditions of your Card and Funds for a third party, such as a credit bureau or merchant;
· In order to comply with government agency or court orders, or other legal reporting requirements;
· If you give us your written permission; or
· Within our organization and to FCB, information concerning your Card transaction history may be shared within our organization and with FCB. Other information you have given us in connection with obtaining a Card, or information we may receive from other third party, also may be shared within our organization and with FCB.
13. Business Days. Our business days are Monday through Friday, 8:00 am – 5:00 pm, Eastern Time, with the exception of any state or federal banking holidays.
14. Cancellation. You may cancel your Card and this Agreement at any time by contacting us directly. In addition, we may cancel this Agreement, the Card and the related services at any time by giving you written notice. If you cancel your card and want your available balance returned please write to us at Downtown Newark Partnership, c/o CheckFreePay Corporation, 15 Sterling Drive, Wallingford, CT 06492 and we will send you the available balance less a Processing Fee of $ 9.95.
15. Amendment. We may amend or change the terms of this Agreement at any time and from time to time. We will notify you thirty (30) days prior to the effective date of any such changes by posting them on the website at https://www.thecardcenter.com/. You will be deemed to have proper notice thirty (30) days after the changes are posted. We encourage you to review the website regularly to monitor changes in the terms of this Agreement. However, if a change is made for security or regulatory reasons, we can implement it without prior notice.
16. Severability. In the event that any provision of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the other provisions of this Agreement.
17. Governing Law. This agreement shall be governed by, and construed in accordance with the laws of the State of California. Any actions or proceedings with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Delaware.
This card is issued by First California Bank. CheckFreePay is a registered ISO of First California Bank.
This card is distributed and serviced by either CheckFreePay Corporation a licensed money transmitter, or CheckFreePay Corporation of New York, which is licensed as a Money Transmitter for payment services by the New York State Department of Financial Services.
