These are your FirstMerit Visa Gift Card Terms and Conditions. Please
read them carefully and keep them for your records. You should immediately sign the signature panel on the back of your Card. The Card must be signed in order to be valid. By accepting and using your Card, you agree to be bound by these Terms and Conditions. In these Terms and Conditions: “Card” means the FirstMerit Visa Gift Card; “you” or “your” means the person or user of the Card; and “we”, “us”, “our”, or “the Bank” means FirstMerit Bank, N. A.
How to Contact Us
You may contact the FirstMerit Bank Visa Gift Card Customer Service Center 24 hours a day, 7 days a week by calling 1-866-271-3934. You may also contact us by writing to:
FirstMerit Bank, N.A.
295 FirstMerit Circle - OPC805,
About Your Card
Your Card is a prepaid access device issued by FirstMerit Bank, N.A. When you use the Card, the amount available on the card will be reduced by the amount of the purchase or cash withdrawal until it reaches zero. We hold the value of all Cards in an aggregate account. You will not earn interest on these funds and there is no FDIC insurance to your benefit. If you are given value through the use of the Card greater than the balance remaining, you will pay us on demand the amount by which your transactions exceeded the balance remaining. The Card is not a credit card. The Card is not reloadable and cannot be reused after the card balance has been exhausted.
Using Your Card
Your Card will be activated within 24 hours of being issued. You may use the Card to purchase goods and services at merchants that have agreed to accept Visa debit cards and that are equipped with a point-of-sale terminal that can process Visa transactions. If you wish to use your Card for transactions initiated over the Internet or telephone or through the mail, you must first register your Card by calling 1-866-271-3934.
You may use the Card at gas stations with “pay at the pump” capabilities. If you are unable to complete the transaction at the pump, proceed inside and pay the attendant prior to pumping.
When you use your Card to initiate a transaction at certain merchants (e.g., hotels, restaurants, and car rentals), the merchant may request a verification of the Card’s validity and authorization for the transaction. We may place a temporary hold on your Card’s value for the amount specified by the merchant, even if the amount exceeds your ultimate transaction. The funds held will not be available to you for any other purpose. Any excess will be released later when the transaction is settled through the system. We are not responsible or liable to you if a transaction is charged to your Card before a hold expires or if the amount of the hold placed for a reported transaction exceeds the amount of the actual transaction charged to the Card.
When using your Card at a merchant where a tip may be included (such as a restaurant), your transaction may be authorized for an additional 20% above your total bill. However, the tip amount is at your discretion. The actual amount processed to your Card will not exceed the amount of the bill plus the tip added by you. In addition to restaurants, the types of merchants where a tip may be included are bars, taxis, beauty and barber shops, and health and beauty spas.
You may request a “split transaction” from a merchant to make a purchase greater than the remaining balance on the Card. For example, if you wish to make a $25 purchase, but only have $20 remaining on your Card, you may use the Card to pay $20 and pay the remaining $5 balance by other means, such as cash, check or credit card. Please be aware that some merchants may not accept split transactions.
The Card may not be used:
- To obtain cash, money orders, foreign currency, or wire transfers from us, other financial institution offices, money-service businesses or other merchants,
- To obtain cash back from merchants on purchase transactions,
- In an ATM,
- To make regular, preauthorized payments to third-parties (recurring or installment payments),
- To conduct gambling activities or transactions over the Internet, or
- For any illegal transaction.
No Right to Stop Payment
You do not have the right to stop payment on a transaction originated with the Card.
No Limitation on Frequency of Point-of-Sale and Cash Transactions
There is no limitation on the frequency of any of the transactions available for the Card.
Balance & Transaction Inquiries
It is your responsibility to keep track of the balance remaining on your Card. When you use your Card, you should be aware of the unused Card balance to ensure that the amount of your transaction does not exceed your available Card balance. You may check the balance on your Card online at www.firstmerit.com/visa_giftcard or by calling 1-866-271-3934.
Change of Address
You must notify us immediately if your address changes. Failure to do so may result in information regarding your Card being sent to the wrong address.
The Card expires on the expiration date listed on the front of the Card, except where prohibited by law, or when the entire value has been exhausted, whichever comes first. After the Card has expired, it is no longer valid and all transactions will be declined.
Upon expiration, you may claim the unused, outstanding balance on the Card by calling or writing us. You will need to provide us with the card number, the name of the purchaser of the Card, your name and address and a request for a refund of the unused balance. Upon receipt of your request, we will arrange to send you a check for your remaining balance, less outstanding transactions and fees, within two to four weeks.
The Card is and shall remain our property. We may, at any time and without prior notice, cancel your Card and have you return the Card to us. You may terminate your Card by returning the Card to us. Termination of the Card will not affect prior transactions or obligations existing at the time of termination. Upon termination, we will arrange to send you a check for your remaining balance, less outstanding transactions and fees, within two to four weeks.
Any balance on your Card at expiration may become unclaimed funds under applicable state law after a period of inactivity or dormancy requiring us to turn over such funds to a government authority.
Our Liability for failure to make Transfers
If we do not complete a transaction arising from use of the Card on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If through no fault of ours, you do not
have a sufficient balance of funds on your Card
to cover a transaction;
- If the terminal or system was not working properly; or
- If our delay or failure of performance is cause in whole or in part by fire, labor disputes, power failure, acts of terrorism, acts or omissions of civil authorities, civil disturbances, computer failure or any other cause beyond our control.
Your Liability for a Lost Card or Unauthorized Transfers
Tell us at once if your Card has been lost or stolen or if you suspect possible unauthorized use.
You will incur no liability for unauthorized use of your Card provided you notify us within a reasonable time after learning of the loss, theft or unauthorized use of your Card, unless we reasonably determine, based upon substantial evidence, that you were grossly negligent or fraudulent in handling the Card.
Our liability under this policy is limited to reimbursing you for the amount of your loss up to the face amount of any unauthorized transaction.
If your Card is lost or stolen, we can cancel the original card and issue you a replacement card or a check for the value remaining on the Card at that time. You will need to provide us with your name, address, the name of the Card purchaser, and the Card number. Refer to the Fees section for our Check Issuance Fee and Card Replacement Fee.
Redeeming Small Balances
You may redeem any de minimis balance on your card via a split transaction as noted above. Alternatively, we will issue you a check for the value remaining on the Card. Refer to the Fees section for Check Issuance Fee.
Resale of the Card is strictly prohibited.
Disclaimer of Other Liability
We are not liable to you for the failure or refusal of a third-party to honor the Card. We disclaim any duty or responsibility other than those expressly set forth in these Terms and Conditions. In no event shall we be liable for consequential, indirect or special damages.
If a dispute over the ownership of or the right to use the Card arises, we may refuse to authorize transactions until the dispute is resolved.
Merchant Dispute Resolution Procedures
If you use your Card at a merchant and a dispute arises with a merchant, you agree to settle the dispute directly with the merchant. Any unresolved dispute may be sent to us for assistance in settlement through Visa’s chargeback and dispute resolution procedures.
In the event one or more of these Terms and Conditions shall be held invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.
Failure by us to exercise any of our rights hereunder shall not be a waiver of any of our rights.
These Terms and Conditions, the Card and all Card transactions will be governed by the laws of the United States and the laws of the State of Ohio, excluding any such laws that might direct the application of the laws of another jurisdiction.
Disclosure of Card Information
We may disclose information about the Card or transfers made using the Card, to third parties:
- Where it is necessary to complete transfers,
- In order to verify the existence and condition of the Card for a third party such as a credit bureau or merchant,
- In order to comply with government agency or court orders,
- In order to protect you or the interests of the bank,
- If you give us permission to do so,
- If we otherwise deem appropriate, to the extent permitted by law.
Disclosure of Cardholder Personal Data
We may provide your personal data to Visa U. S. A., its Members, or their respective contractors for the purpose of providing Emergency Cash and Emergency Card Replacement Services. You must consent to the release of this information.
Currency Conversion Method
The exchange rate between the transaction currency and the billing currency used by Visa USA for processing international transactions is the rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date.
You agree to pay all fees charged by the Bank for card transactions or services applicable to any use of your Card.
Monthly Maintenance Fee
(Charged for each month there is a balance remaining on the Card. The fee is waived for the first six (6) months after the purchase date.)
Card Replacement Fee
Check Issuance Fee
Express Mail Fee (3 day delivery)
Foreign Transaction Fee
(Charged on transactions made in a country other than the United States. This fee will be assessed on all international transactions whether or not currency conversion is involved.)
All fees, except the Express Mail Fee, will be deducted from Card balance.
We may amend these Terms and Conditions at anytime. We will notify you of any such amendments in accordance with applicable law.