WHAT IS A PICOMOPAY VIRTUAL GIFT CARD
A PicomoPay Virtual Gift Card (“Card”) is a merchant branded prepaid stored value card that can be used for online, over the telephone, and mail-order purchases. The Card can also be printed and brought to the merchant location to make purchases. Instead of a plastic gift card, recipients are given a gift card number, which can be printed off or saved in their PicomoPay wallet. Unless required by law, the Card cannot be redeemed for cash, and it may only be used at the merchant whose brand or logo appears on the virtual gift card.
PICOMOPAY TERMS AND CONDITIONS
This is the Agreement between you and PicomoPay for your PicomoPay-distributed, merchant-branded and merchant–issued Card. Please read this Agreement carefully and retain it for future reference. By signing, clicking on the Terms and Conditions (“T&C”s) or using your Card, you agree to be bound by these terms and conditions. In this Agreement, "we", "us" and "our" means PicomoPay, the distributor of the Card and/or the merchant-issuer of the Card. Available funds (“Available Funds") on your virtual gift card signifies the monetary value of your Card. These terms and conditions apply to both the purchaser and any other user of the Card. It is the purchaser’s obligation to provide these terms and conditions to the Card recipient.
The Card, which is denominated with a predetermined value, may be used by the Cardholder to make purchases (up to the predetermined value) at the merchant who issued the Card and whose brand or logo appears on the Card. The Card is neither a credit card nor an FDIC-insured deposit account.
USE OF YOUR PICOMOPAY MERCHANT BRANDED VIRTUAL GIFT CARD
The following additional terms and conditions apply:
1. Each time you use your Card, you represent and warrant to us that you are either the Cardholder or an authorized user of the Card.
2. Your Card is non-refundable. Each Card transaction is a final, non-cancellable, and a nonrefundable transaction.
3. You may use any number of Cards subject to the imposition of reasonable policies by the Card issuer or us as the distributor.
4. Certain merchants may require that we verify your address when a Card user attempts to make certain types of transactions. Merchants may require authorization approval and, in some cases, may check to make sure the name and mailing indicated address satisfies the merchant’s use terms and applicable law. Therefore, if the Card has not been registered or you do not supply the required information, you may not be able to complete a transaction.
5. To activate your Card, you will be required to enter certain information into PicomoPay’s site as required by Federal and State laws. You can check your Available Funds by creating a PicomoPay wallet. You are responsible for all transactions on your Card. It is therefore important for you to keep track of the Available Funds. If you permit others to use your Card, you are solely responsible for monitoring both the nature and amount of their purchases.
6. Your Card has a predetermined value and cannot be used for purchases in excess of that value, except where the merchant allows you to make up the difference with another form of payment. You cannot add monetary value to your Card. Your Card is intended for use at retail locations in the U.S. and can be used with Internet merchants. As with cash, you cannot "stop payment" on Card transactions.
7. The use of your Card to purchase good and services from Merchants constitutes a simultaneous debit to your Available Funds. If you authorize a transaction and then fail to make a purchase as planned, the authorization will result in a hold against your Available Funds for up to 31 days.
SPECIAL USE RESTRICTIONS
Your Card may not be used to access cash at an ATM or merchant location. The Card is only good for goods and services that are offered by the merchant who issued the card and whose brand or logo appears on the Card.
USE AND TRANSFER OF THE CARD IS ONLY PERMITTED IN THE UNITED STATES
Your Card is transferable to others and, subject to applicable laws of the US or their respective States that govern prepaid cards. Your Card may only be used within the U.S. and should not be transferred to anyone located outside the U.S.
RETURNS AND DISPUTES
Please familiarize yourself with the merchant-issuer’s return policy prior to completing a Card transaction. If you wish to return any merchandise purchased with the Card, you will be subject to the merchant’s return policies. Merchants may credit your returns back to the Card. For this reason, it is very important that you keep your Card and purchase and redemption receipts, even after you have used all of your Available Funds, until you are sure that you are not expecting a merchant refund to your Card. You are responsible for resolving all disputes (including disputes related to the quality, safety or legality of merchandise or services) arising out of Card transactions directly with the appropriate merchant and you agree that we accept no liability in this regard.
LOSS THEFT OR DAMAGE OF THE CARD
Treat you Card like cash. You should protect your Card against theft with the same level of care that you use to protect the cash in your wallet. We cannot prevent the unauthorized use of your Card by others and cannot replace funds used by any unauthorized user.
We do not share the information we collected from you with the social networks. We will not share information we collect with respect to Card purchases except as needed to complete the transactions or to comply with US or State laws, government agency regulations and policies, and applicable court orders.
Your Card does not contain an expiration date. Therefore, the available Funds on the Card will never expire due to the passage of time.
TRANSACTIONS IN EXCESS OF AVAILABLE FUNDS – SPLIT TENDER TRANSACTIONS
If you attempt to use the Card when there are insufficient Available Funds for the particular transaction (e.g., $100 purchase when the Card only has $75 in Available Funds), and the merchant does not fulfill a request to process a "split tender" transaction, the transaction will usually be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Available Funds on the Card (creating a negative amount on the Card, referred to herein as a "Shortage"), you agree to reimburse the merchant (upon request) for the amount of the Shortage.
REFUSAL OF CARDS
We are not responsible or liable to you if any merchant refuses to honor the Card or for any other problems you may have with any merchant. If a merchant fails to honor the Card, please call the Customer Service number to report the incident.
NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE
From time to time, the Card service may be inoperative; and if this happens, you may be unable to use your Card or obtain information about your available Funds. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
CHANGING THESE TERMS AND CONDITIONS/CARD CANCELLATION
We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without cause, and without giving you notice, in accordance with applicable law. In addition, we may suspend, cancel, add, modify or delete any feature offered in connection with your Card at our sole discretion at any time, with or without cause, and without giving you notice, subject to applicable law.
Except as provided below, this agreement is governed exclusively by the laws of the State of California.
LIMITATION OF LIABILITY
You agree that we have no liability with respect to any merchandise or services you purchase, or for any direct, indirect or consequential damages with respect to your use of the Card.
ARBITRATION OF DISPUTES
In the event of any past, present or future claim, dispute or controversy (whether based upon contract, tort, statute, common law or equity) between you and us arising from or relating to your Card, any prior Card you have had with us, the relationships which result from your Card, or the enforceability or scope of this arbitration provision, of this Agreement, or of any prior agreement, you or we may elect to resolve the claim, dispute or controversy by binding arbitration. This election includes claims, dispute or controversies that arise from or relate to (a) a Card; (b) the amount of Available Funds on the Card; (c) advertisements, promotions or oral or written statements relating to the Card; (d) goods or services purchased with the Card; (e) any benefits and services related to the Card; and (f) your application for or activation of the Card.
Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to the American Arbitration Association ("AAA"). For a copy of the procedures, to file a Claim or for other information about these organizations, contact the AAA.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party's notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party's submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
The arbitrator's decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant's written notice. The decision of the panel shall be by majority vote and shall be final and binding. This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us.
IF EITHER YOU OR WE ELECT ARBITRATION, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. PRE-HEARING PICOMOPAYY RIGHTS AND POSTHEARING APPEAL RIGHTS WILL BE LIMITED. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CARDHOLDERS WITH RESPECT TO OTHER CARDS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY ("Class Action Waiver"). Notwithstanding anything else to the contrary in this arbitration provision, only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit, and nothing undertaken therein shall constitute a waiver of any rights under this arbitration provision.
If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator's authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator's authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you 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.
Time is of the essence in this Agreement, and therefore the number of days set forth herein may not be changed or waived except in a written agreement between the parties.
Any arbitration hearing that you attend shall take place in the federal judicial district of your legal residence.