Card Agreement – Terms and Conditions
Licensed under U.S. Patent Nos. ———? Add Numbers ?—— by a third party who sublicenses to us
Section 1. General Information
This Agreement contains the terms and conditions of your gift card (“Card”), or a Virtual Card, the Gift Card, referred to hereafter collectively as the “Card”, which is issued by MetaBank, Member FDIC. (“we”, “us” or “our”). Please read this Agreement carefully and keep it for your records. By purchasing, accepting or using the Card, you agree to be bound by this Agreement. “You” and “your” means the person who has received the Card.
The Card is a payment card that can be used to purchase goods and services at www.Wushack.com. The Card is not a credit card, charge card or bank debit card and can only be used for the amount of funds loaded onto the Card. The funds loaded on the Card are collected by Wushack and deposited with and held by us in a pooled account with funds associated with other cards. You will not be paid or earn interest on the amount of the Card. The issuance of the Card does not establish an account relationship between you and MetaBank, Member FDIC. Except if there is a change to applicable law after the Card is issued, neither the Card nor funds loaded to the Card are insured by the Federal Deposit Insurance Corporation.
The Card may be subject to deductions required by law, including deductions, if any, resulting from the escheat of Card funds under applicable state laws governing unclaimed property. You may not add any funds to the Card. Your ability to make purchases with the Card will end when the Card amount reaches zero.
Section 2. Types of Available Transactions and Limits on Transactions
Unclaimed Funds – Escheat. If our records show that you have not used the Card within a time period set by state law, the amount remaining on the Card may become unclaimed property subject to escheat under state unclaimed property laws. If the amount remaining on the Card becomes unclaimed property subject to a state unclaimed property law, we will be required to escheat the available balance to the state in an amount and at the time required by the state law. At that time, you will lose the ability to use the Card. If escheat occurs, you may inquire about the status of the Card funds by contacting our Support Team.
Legal Transactions. You agree that you will only use the Card for transactions that are legal. You agree that MetaBank, Member FDIC or Wushack may decline transactions we believe may be illegal or in violation of the applicable network rules. You also agree that if we do not decline the transaction, we may charge the Card and we are not liable to you if you engage in an illegal transaction.
Limitations on Use. You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement. The Card may be canceled, repossessed, locked or revoked at any time without prior notice. You may not use the Card to pay a seller fee or purchase additional Gift Cards.
Authorized Use of Card. If you authorize someone else to use the Card, you will be responsible for any transactions initiated by such person(s) with the Card even if you intended to limit that person’s use of the Card to a particular amount or particular time. You agree to safeguard the Card, and to report any suspected unauthorized use of the Card immediately by contacting our Support Team.
Section 3. Email Address to be Notified in Event of a Lost or Stolen Card
If you believe that the Card has been lost or stolen: contact our Support Team. Subject to acceptable proof of Card ownership, we will make reasonable efforts to lock a lost or stolen Card from further use. If you notify us promptly of a lost or stolen Card and we are able to lock it from further use, you will not be liable for any further transactions associated with the lost or stolen Card.
You may request a replacement Card for a lost or stolen Card at www.wushack.com/giftcards or by contacting our Support Team. A replacement Card will not be issued unless you present adequate proof of purchase, the Card number, and your full identification. Requests to replace a Card may be denied by us or Wushack, in either’s discretion, in the event we or Wushack suspect fraudulent or unlawful activity or improper Card use. If the replacement is approved, a new Card will be issued and activated in the amount remaining on the Card, if any, at the time of the replacement. Replacements may take up to 30 days to process.
Section 4. Bank’s Liability; Limitation of Liability; Error Resolution Procedures
a. Bank’s Liability
If we do not complete a transaction arising from the use of the Card on time or in the correct amount according to this Agreement, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
i. if, through no fault of ours, the Card funds are insufficient for the transaction (for example, because there is a hold on your funds or your funds are subject to legal process);
ii. if a computer system was not working properly and you knew about the problem when you started the transaction;
iii. if circumstances beyond our control (such as fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
iv. if any failure or malfunction is attributable to your equipment, to merchant equipment, or to any internet service or payment system;
v. If the Card has been reported as lost or stolen, if the Card has been suspended by us, or we have reason to believe the transaction is not authorized by you; or
vi. As otherwise provided in this Agreement.
b. Unauthorized Transactions or Errors
You agree to safeguard the Card against unauthorized use by taking all reasonable precautions. If you believe that someone has made an unauthorized transaction with the Card (or may attempt to use the Card without permission) or you believe an error has occurred with the Card, you agree to contact our Support Team and in no event later than thirty (30) days of the date of the transaction at issue. When you notify us, you must provide your name, Card number and other identifying details, and describe the error or transaction that you are unsure about. We cannot assist you if you do not have the Card number. In the event of actual or suspected unauthorized use, we will lock the Card, and if our records show that available funds remain on your Card, we will issue you a replacement Card loaded with the remaining value. We reserve the right to decline to issue you a replacement Card in accordance with applicable law. You agree to assist us in determining the facts relating to any possible unauthorized use or error associated with the Card, and to comply with the procedures we may require for our investigation. Following our investigation, if we determine that unauthorized use or an error has occurred with the Card, we will credit the Card in the amount of the unauthorized use or error. It may take up to thirty (30) days to process a request for a replacement, however, we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.
Section 5. Disclosure of Information to Third Parties
From time to time, subject to any applicable financial privacy laws or other laws or regulations, we may provide information about you (to the extent we obtain any information about you) and the Card to our service provider, EML Payments USA, LLC . We, including EML Payments USA, LLC, may provide information about you and the Card (a) in response to any subpoena, court or administrative order, or process which we believe requires our compliance; (b) in connection with collection of indebtedness or to report losses incurred by us; (c) in compliance with any agreement between us and a professional, regulatory or disciplinary body; (d) to carefully selected service providers where it is necessary to complete a transaction or to verify the existence and conditions of your Card; (e) as otherwise provided or allowed by law; and (f) to any third party to which you give us your permission to provide information about you and the Card. We, including EML Payments USA, LLC, also may collect information about you and take actions necessary to verify your identification. You agree that any of us may disclose information to any third party about the Card when such information is aggregated with other information and does not specifically identify you.
Section 6. Recording and Monitoring Telephone Calls
The telephone calls between you and us or our service providers may be recorded or monitored. We need not remind you of the recording or monitoring before each call unless we are required to do so by law.
Section 7. Governing Law; Severability; Amendment
This Agreement will be governed by the laws and regulations of the United States and, to the extent not so covered, any contract issues shall be interpreted and enforced in accordance with the laws and regulations of the State of South Dakota A determination that any part of this Agreement is invalid or unenforceable will not affect the remainder of this Agreement. All provisions of this Agreement are void where expressly and to the extent prohibited by applicable law. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be eliminated or adjusted to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Unless prohibited by applicable law, we may amend or change this Agreement at any time. MetaBank, Member FDIC or Wushack will notify you of any change in the manner required by applicable law; however, if the change is made for security purposes, we can implement such change without prior notice to the extent permitted pursuant to applicable law.
Section 8. Your Limited Right to Cancel
Purchasers of the gift card can cancel the purchase up to 30 days post-sale if the Card has not been redeemed. Refunds will be issued to the credit or debit card associated with the purchase. Information concerning this cancellation program may be obtained by contacting our Support Team.
Section 9. Termination of Program
MetaBank, Member FDIC or Wushack have the right to terminate the Card program at any time. If we have terminated the program and the Card can no longer be used, a refund request for the remaining amount on the Card can be made by contacting our Support Team. Requests for refunds may take up to 60 days to process. For inquiries concerning surrenders and redemptions, contact our Support Team.
Section 10. Assignment
We may assign, without recourse, our duties and obligations as issuer of the Card to another entity.
Section 11. Privacy Notice
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.
The types of personal information that we collect and share depend on the product or service you have with us. This can include:
- Address of Residence and Transaction History
When you are no longer our customer, we continue to share your information as described in this notice.
All Financial Companies need to share customers’ personal information to run their everyday business. Below is a list of reasons financial companies can share information and if MetaBank, Member FDIC shares this type of information. For the types of information we share, you cannot limit this type of sharing.
Reasons we can share your personal information:
- For our everyday business purposes – such as to process your transaction, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus. MetaBank, Member FDIC shares this type of information.
- For our marketing purposes – to offer our products and services to you. MetaBank, Member FDIC shares this type of information.
- For joint marketing with other financial companies. MetaBank, Member FDIC shares this type of information.
- For our affiliates’ everyday business purposes – information about your transactions and experiences. MetaBank, Member FDIC shares this type of information.
- For our affiliates to market to you. MetaBank, Member FDIC does not share this type of information.
- For non affiliates to market to you. MetaBank, Member FDIC does not share this type of information.
How does MetaBank, Member FDIC 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 MetaBank, Member FDIC collect my personal information? We collect personal information, for example, when you
- Open a Card Account and use your Card
- Make a purchase
- Give us your contact information
We also collect your personal information from others, such as 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 creditworthiness,
- 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.
Section 12. Form of E-Communications Disclosure
We suggest you read this document and print a copy for your reference.
Note: This 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 gift card (“Card”), or in lieu of a Card, the virtual Gift Card, referred to hereafter collectively as the “Card” and any related products and services (“E-Communications”). This Disclosure supplements and is to be construed in accordance with the terms contained in the Card Agreement (“Agreement”) you received from MetaBank, Member FDIC. The words “we,” “us,” and “our” refer to MetaBank, Member FDIC, the issuer of your Card. The words “you” and “your” mean you, the individual(s) who has received the Card.
Scope of Communications to be Provided in Electronic Form
When you use the Card to which this Disclosure applies, you agree that we may provide you with any required communications or disclosures in electronic format, and that we may discontinue sending paper communications and disclosures to you, unless and until you withdraw your consent to E-Communications as described below. Your consent to receive E-Communications includes, but is not limited to:
- All legal and regulatory disclosures and communications associated with the Card
- The Card Agreement and any notices about a change in the terms of the Card Agreement
- Privacy policies and notices
Method of Providing Communications to You in Electronic Form
All E-Communications that we provide to you will be provided by e-mail or by posting such E-Communications on our website at www.wushack.com.
How to Withdraw Consent
You may withdraw your consent to receive E-Communications at any time by contacting our Support Team. We will not impose any fee to process the withdrawal of your consent to receive E-Communications. Any withdrawal of your consent to receive E-Communications will be effective only after we have a reasonable period of time to process your withdrawal. In the meantime, you will continue to receive E-Communications from us. If you withdraw your consent, the legal validity and enforceability of prior required disclosures and 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, your contact information, and other information related to this Disclosure and your Card, and to maintain and update promptly any changes in this information. You can update this information by logging onto your Wushack.com account.
Hardware and Software Requirements
In order to access, view, and retain E-Communications that we make available to you, you must have:
- An Internet browser that supports 128 bit encryption
- Microsoft Internet Explorer 4.7 or above, Netscape Navigator 4.7 or above, 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 personal computer (for PCs: Pentium 120 Hhz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor: 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing E-Communications received from us in via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above
- Adobe Reader version 9.0 or higher
Requesting Paper Copies
We will not send you a paper copy of any E-Communication unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an E-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 E-Communication to you. To request a paper copy, contact us by contacting our Support Team. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any required disclosure or communication that you have authorized us to provide electronically.
Communications in Writing
All required disclosures and communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other E-Communication that is important to you.
You acknowledge and agree that your consent to E-Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
We reserve the right, in our sole discretion, to discontinue the provision of your E-Communications, or to terminate or change the terms and conditions on which we provide E-Communications. We will provide you with notice of any such termination or change as required by law.
Last updated on January 12, 2021