First Horizon Bank Visa Prepaid Gift Cardholder Agreement
Please read this Cardholder Agreement and keep it for future reference.
Effective10/26/2019
The First Horizon Bank Gift Card ("Gift Card" or "Card") is a prepaid Card that can be used to purchase goods and services at any merchant that accepts Visa® debit cards. The card is issued by First Horizon Bank (“Bank”). This Gift Card is not linked to and does not access any other account at the Bank that the Gift Cardholder may have. The balance on the Gift Card does not earn interest and is not FDIC insured.
Authorized Users. By signing the back of the Card, using the Card to make purchases or allowing someone else to have use of this Card, you agree to be bound by this Agreement and are responsible for all transactions. In the Agreement, the terms “we,” “us,” and “our” mean First Horizon Bank and “you” or “your” mean anyone who has purchased the Gift Card and anyone who is authorized to use the Gift Card as provided in this Agreement. You should keep a record of your Gift Card number in case of loss or theft.
Using your Gift Card. When registering your Card, you must select a Personal Identification Number (PIN) prior to use. Once you selected your PIN, you will have the ability to pay for goods or services at merchants accepting Visa Debit cards by selecting the “debit” option and entering your PIN number in the merchant sales terminal. You will also have the ability to pay for goods or services at merchants accepting Visa debit cards by selecting the “credit” option and signing to authorize your purchase. You will not have the ability to withdraw available funds from an ATM.
Limitations on Use. Your Gift Card cannot be used for cash advances, purchases of money orders or traveler’s checks, or to make regular, pre-authorized payments to a third party. You agree NOT to use your Card for internet gambling or illegal transactions. This Card is not reloadable, so transactions should be declined once the balance reaches zero. If a transaction is completed that exceeds the remaining balance on the Gift Card, you agree to pay us, immediately upon demand, the amount of the transaction in excess of the remaining balance. This Card cannot be re-sold and is available for domestic use only. Transactions occurring in or seeking authorization from a foreign country will be declined.
Expiration of Gift Card. Funds do not expire. Your Gift Card will be available for use until the earlier of the expiration date printed on the front of your Card or the date the Gift Card balance reaches $0.00. If an available balance remains at the time of Card expiration and you registered the Card or have the Card number available, you may contact us by calling 855-847-2033 to request a replacement at no fee.
Funding of Gift Card. First Horizon Bank does not permit Prepaid Cards to be purchased or funded by another Prepaid Card. Any such transactions will be declined or reversed.
Fees. A $3.00 Card Activation Fee was charged for the activation and funding of this Card. Purchases made with your Gift Card are not subject to fees. Your Gift Card is subject to the following account fees that will be deducted from the Gift Card balance:
Card Replacement Fee. Lost, stolen or damaged Cards will be replaced only if registered. A card replacement fee of $5.00 will be deducted from your available Gift Card balance. Card reissued due to expiration are not subject to the replacement fee.
Card Registration. Activate and register your Gift Card at www.firsthorizon.com/gift or by calling Customer Service at 855-847-2033. Registering your Card will allow you to monitor your available Gift Card balance, track purchase activity, and selection a PIN. Gift Card registration may also be necessary to limit liability for lost Cards and unauthorized transactions and to facilitate online, mail or phone purchases since these purchases often require a name and address verification along with the Card number.
Liability for Failure to Complete Transactions. First Horizon Bank is not liable for transactions that fail through no fault of our own or because of circumstances beyond our control, such as insufficient funds, merchant terminal or authorization system failures, merchant refusal to accept your Gift Card, or exceptions noted elsewhere in this Agreement such as illegal or internet gambling transactions.
Liability for Lost Cards and Unauthorized Transactions. Notify us immediately if your Gift Card is lost, stolen or used without your authorization by calling us at 855-847-2033. You will be required to provide your name and Card number. If you do not have that information and failed to register your Card, you will be liable for the full amount of the loss. All claims must be submitted in writing for investigation. Provisional credit will be credited within 5 days of the date we receive your signed verification of the claim information. If the claim is rejected following investigation, the provisional credit will be reversed. If this results in a negative balance, you agree to pay us the amount of the negative balance. If you provide us with the required information we can block future transactions on the lost or stolen Gift Card. If there is an available balance remaining on the Card, we can issue a replacement Card for a $5.00 Card Replacement Fee.
Returns or Exchanges of Merchandise. If you have a dispute with a merchant over purchased goods or services, you should contact the merchant directly. Exchanges or returns of merchandise and refunds will be subject to the policy and terms of the merchant.
Dispute Transaction(s). In the event you believe anything in your transaction history is incorrect, you must notify us within 60 days of the initial transaction in question. Notify us by calling Customer Service at 855-847-2033. Investigation may take up to 45 days and you may be required to provide additional information. If we find in your favor, your Card will be credited within 5 business days of the conclusion of our investigation. If the investigation results in a finding of no error, the Card will not be credited and you will be notified in writing of our findings within 5 business days of the conclusion of our investigation.
Use at Gasoline Merchants. Use of the Card at an automatic fuel pump may result in a hold of $75 against the available balance for the lesser of 3 days or until the transaction settles. If you do not have at least $75 available balance, your automated fuel pump authorization request may be declined. You may elect to pay the merchant inside for the exact amount of your purchase to avoid this hold or decline.
Use with Certain Service Merchants. For certain service merchants (such as car rental agencies, restaurants and hotels) an increase of up to 20% may be added to the amount of your purchase at the time of authorization to cover any anticipated tips or other additional charges. Your purchase may be declined if the amount of the requested authorization is more than your available balance.
Split Tender Transactions. If you wish to use the Card for a purchase greater than the balance of the funds on the Card, you must inform the merchant prior to completing the transaction. Failure to do so may result in the transaction being declined. The merchant will require payment for the difference in cash or some other means of payment, thus splitting the purchase between your Card and another form of payment. Some merchants may not accept split transactions.
Privacy. We will disclose information to a third party about your Account or transactions as described in our Privacy Notice that can be found here or at https://www.firsthorizon.com/About/Privacy Policy/. One of the third parties to who we report information is Visa Prepaid Clearinghouse Service (PCS) whose contact information is listed below:
Visa Prepaid Clearinghouse Service
Customer Service Department
5005 Rockside Road, Suite 600-27
Independence, OH 44131
Phone: 844-263-2111
Fax: 844-432-3609
PCS Customer Service Department’s business hours are Monday – Friday, 9 am – 5 pm Eastern Time.
Verification of Identity. The USA PATRIOT Act is part of a federal law (the Bank Secrecy Act) that requires all financial institutions to obtain, verify and record information that identifies each person who opens a Card. What this means for you: When you open a Card, we will ask for your name, physical address, date of birth, an unexpired government issued ID number and other information that will allow us to reasonably identify you. We may also ask to see your driver’s license, Social Security card, or other identifying documents at any time. Upon successful verification, you will be able to load and reload, if applicable, funds to your Card via the methods detailed within this Agreement.
Arbitration
PLEASE READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY. IT PROVIDES FOR MANDATORY ARBITRATION OF CONSUMER CLAIMS (SUBJECT TO SOME EXCEPTIONS), INSTEAD OF COURT PROCEEDINGS. IF YOU OR WE ELECT ARBITRATION OF A CLAIM, NEITHER WILL HAVE THE RIGHT TO PURSUE THAT CLAIM BEFORE A JUDGE OR JURY IN COURT OR TO PARTICIPATE IN A CLASS ACTION PROCEEDING. RIGHTS YOU WOULD HAVE IN COURT THAT MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION INCLUDE THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL. FEES AND EXPENSES OF ARBITRATION MAY BE HIGHER THAN THOSE ASSOCIATED WITH COURT PROCEEDINGS. THE ARBITRATOR’S DECISION WILL BE BINDING, EXCEPT AS PROVIDED BELOW.
Agreement to Arbitrate. Upon the election of either you or us, any Claims (as defined below), except for Claims filed in a small claims court, may be resolved by mandatory, binding arbitration. The small claims court exclusion applies only so long as the dispute remains in the small claims court and is an individual (non-class, non-representative) Claim. If a Claim asserted in small claims court is transferred or appealed to a different court, either you or we may then elect mandatory, binding arbitration pursuant to this Arbitration Provision. For purposes of this Arbitration Provision, the word Claim means any claim, controversy, or dispute of any kind arising from or relating to the Gift Card or any relationship arising from or related to the Gift Card. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the FAA).
Initiation of Arbitration. The party electing arbitration must use the arbitration administrator shown below and follow its rules and procedures, except as otherwise stated in this Arbitration Provision. Copies of its current rules, procedures, forms, and related information, including information about how to file a Claim, may be obtained by contacting the Administrator as follows:
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Toll free number: 877-495-4185
http://www.adr.org
Class Action and Jury Waiver. You and we hereby knowingly and voluntarily (1) waive the right to proceed as part of any class action and (2) waive the right to a trial by jury of any and all Claims. No Claim submitted to arbitration is heard by a jury or may be brought as a class action. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver).
Arbitration Procedure and Law. Any Claim resolved by arbitration shall be arbitrated on an individual basis by a single arbitrator chosen by the Administrator. Claims may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. The arbitrator shall resolve Claims pursuant to the rules and procedures of the Administrator and this Arbitration Provision. This Arbitration Provision will govern in the event of conflict with the Administrator’s rules and procedures. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and honor legally recognized claims of privilege. The arbitrator will have the power to award any damages or other relief that would be available in court, but only with respect to the named parties and the Claims being arbitrated. Either party may choose to have an arbitration hearing and to be represented by counsel. An arbitration hearing may be conducted by telephone if the parties agree. Any arbitration hearing that you attend in person will occur at a place designated by the Administrator within the federal judicial district that includes your billing address or at some other place agreed upon by you and us. The arbitrator will use reasonable efforts to protect confidential information if requested to do so. The arbitrator will make any award in writing and, upon a timely written request, provide a written statement of reasons for the award.
Costs of Arbitration. You and we will be responsible for paying the fees of the arbitrator and any administrative fees charged by the Administrator according to the rules and procedures of the Administrator. We will also pay or reimburse you for all or part of other arbitration fees, if the arbitrator determines there is good reason to do so, and we will pay any fees and costs, which we are required to pay by law or by the rules and procedures of the Administrator.
Finality of Arbitration. The arbitrator’s decision is final and binding on the parties, except for any right of appeal or judicial review provided by the FAA. An arbitration award will be enforceable under the FAA by any court having jurisdiction.
Survival of Arbitration Provision. This Arbitration Provision shall survive: (i) termination or changes in the Cardholder Agreement and/or related agreements or programs, the account, and the relationship between you and us concerning the account and related programs; (ii) bankruptcy of any party; and (iii) any sale, assignment or other transfer of the account, or any amounts owed on the account. Any different agreement regarding arbitration of Claims must be agreed in writing.
