IYap Card Terms

PREPAID VISA® IYAPCaSh CARDHOLDER AGREEMENT

IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY BINDING ARBITRATION.

This Cardholder Agreement ("Agreement"), effective on February 19th, 2016, outlines the terms and conditions under which the Prepaid Visa IYapCash has been issued to you by Bank® ("Bank" or "Issuer"). By accepting, signing or using the Card, you agree to be bound by the terms and conditions contained in this Agreement. "Card" or "IYapCash" means the Prepaid Visa IYapCash. "Card Account" means the records maintained to account for the funds associated with the Card. "Load" means adding funds to your Card, including without limitation direct deposits. "Unload" means to remove funds from your Card by any means, including without limitation making purchases or withdrawals. "You" and "your" mean the person who applied for the Card and is authorized to use the Card as set forth in this Agreement. "We," "us," and "our" mean the Issuer, our successors, affiliates or assignees. "Designated Loading Point" is any participating establishment that will accept cash value loads to be credited to your Card as specified atwww.iYap360.com. "Program Provider" or "IYap" means IYap, LLC. IYap offers the Card program to consumers and is an Independent Sales Organization ("ISO") pursuant to an agreement with the Issuer. The Card will remain the property of the Issuer and must be surrendered upon demand. You may not transfer the card to any other person. The Card may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law.

  1. 1. Using a IYapCash

You acknowledge and agree that the funds available on the Card are limited to the funds that you have loaded or have been loaded on your behalf minus any pending loads or pending authorizations and funds unloaded from the Card which includes any and all applicable fees. You should safeguard your IYapCash with the similar care you would give to cash. Keep the Card in your possession and do not give the Card to anyone else to use. You agree to sign the back of the Card promptly upon receipt. The Card is a prepaid card which allows you to access the available funds on your Card. The Card is not a checking or savings account and is not connected in any way to any other accounts. The Card is not a credit card. The Card is not a gift card and should not be used for gifting purposes. The Card is not for resale. You will not receive any interest on your funds loaded on the Card. The Card is not designed for business use and we may close your Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. All funds are insured by the Federal Deposit Insurance Corporation ("FDIC") subject to applicable limitations and restrictions of such insurance. Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any reference to "days" found in this Agreement are calendar days unless indicated otherwise.

Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.

  1. 2. Opening a IYapCash

Important information for opening a Card: To help the government fight the funding of terrorism and money laundering activities, the USA PATRIOT ACT requires all financial institutions and their third parties 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, street address, date of birth, and other information that will allow us to identify you. We may ask to see a copy of your driver’s license or other identifying documents. Even after you receive your Card and after you have used the Card, we may limit your ability to use the Card or certain Card features including without limitation loads until we are able to successfully verify your identity. You agree, represent and warrant that (1) you are 18 years of age or you are at least 13 years of age and have your parent’s or guardian’s consent to open a Card; (2) your personal information is true, correct, and complete; (3) you are a U.S. citizen or legal alien residing in the United States (excluding Vermont) or the District of Columbia; (4) you have provided us with a verifiable U.S. street address (not a P.O. Box); and (5) you have read this Agreement and agree to be bound by and comply with the terms of this Agreement.

  1. 3. IYapCash Activation

Your IYapCash will be initially activated when you successfully set a PIN (defined below) and load funds onto it in accordance with the rules applicable to the Card program in an amount greater than or equal to the Card One-Time Card Fee. See the Fee Schedule for details. If you load funds onto your Card without setting up a PIN, you will not be able to access to the funds until you set up your PIN. After the initial activation, if your Card has to be reissued for any reason, including expiration, you may activate the Card by following the instructions that accompany the Card. The expiration date of the Card is identified on the front of your Card.

  1. 4. Fee Schedule

All fees will be unloaded from the funds on your Card. Fees will be assessed as long as there is a remaining balance on your Card, except where prohibited by law. Any time your remaining Card balance is less than the fee amount being assessed, the balance of your Card will be applied to the fee amount. With the exception of an ATM Balance Inquiry Fee, International ATM Balance Inquiry Fee, or Expedited Card Fee, this will result in a zero balance on your Card. With respect to an ATM Balance Inquiry Fee, International ATM Balance Inquiry Fee, or Expedited Card Fee, this will result in a negative balance on your Card. If that occurs, funds subsequently deposited into your Card will be applied to the negative balance. If your Card has a negative balance, to the extent permitted by law, we may, at our option and without waiving any of our rights, offset any direct loss up to the amount suffered by us as a result of such use from any balance on your Card or any other IYapCash(s) you may have, or you may open in the future. We reserve the right to immediately close your Card and any other Prepaid Visa IYapCash(s) with us you may have without notice to you.

1 The combined total of Transaction Fees and International Transaction Fees is limited to $10.00 in each calendar month and is based on the date the transaction is posted to your card account as reflected on your statement.

4 Currency Conversion Fee also applies. 2 Fees can be found at www.iYap360.com;fees





  1. 5. Personal Identification Number

When you activate your IYapCash, you must select a Personal Identification Number ("PIN") to be assigned to your Card. Protect your PIN as you would protect your Card. You should not write or keep your PIN with your Card. Never share your PIN with anyone. When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should notify us immediately. Also, please review the paragraph labeled "Your Liability for Unauthorized Transfers."

  1. 6. Authorized Card Users

You may not permit another person to have access to your Card or Card number. If you provide access or permit another person to use your Card or Card number then you are liable for all transactions and fees incurred by such use of your Card.

  1. 7. Secondary Cardholder/Companion Cards

Your IYapCash is for use by you. You may not request an additional Card for another person. We do not offer companion or secondary Cardholder Cards. You may not attempt to load your Card with direct deposits designated to another person and no one but you may load funds to the Card.

  1. 8. Cash Access

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine ("ATM") or any Point-of-Sale ("POS") device, as permissible by a merchant that bears the Visa, Interlink®, Plus®, Maestro®. ATM network. See www.iYapCash.com for a complete list of all ATMs. All ATM transactions are treated as cash withdrawal transactions. You may use your Card at an ATM. The maximum withdraw from an ATM in one transaction is $500.00. The maximum cumulative amount that may be withdrawn from multiple ATMs per 24 hour period is $500.00. You may use your Card to withdraw cash from a bank (over the counter withdrawal). The maximum amount of one over the counter withdrawal is $1,500.00. The maximum cumulative amount that may be withdrawn from multiple over the counter withdrawals per 24 hour period is $1,500.00.

  1. 9. Loading a IYapCash

 Load Type

Load Limit

 Cash

$1,000.00 total per 24 hour period

 Card-to-Card transfer between two Cardholders

$2,000.00 total per month

 Card-to-Card transfer - one Cardholder with two or more Cards

$2,000.00 total per 24 hour period & $5,000.00 total per month

 ACH/Direct Deposit via employer issued payroll

$5,000.00

 ACH via PayPal, Government Benefits, or Child Support

$2,000.00

 ACH - Tax Refund

$9,999.99

You may add funds to your Card, called "value loading", at any time. You may add value or load your Card via direct deposit, ACH transaction from your checking or savings account, Card-to-Card transfers, PayPal, or cash at any Designated Loading Point. See www.iYapCash.com for a complete list of Designated Loading Points. You may also obtain information on how to load your Card at www.iYapCash.com. The minimum amount of the initial value load and each value reload is $0.01. The maximum amount of each load is below.

 Load Type 

Access

 Direct Deposit/ACH

Usually same day as received; maybe up to 2 days early based upon source of the direct deposit and the timing of the payer funding

 Cash Load

Usually within one (1) hour, but no later than the next business day

 IYapCash to IYapCash Transfer (1 or 2 Cardholders)

Usually on the date specified by you, but no later than the next business day

 PayPal

Same day as received

You will have access to your funds at the times noted below. The access times vary with each load method.

All checks (personal, payroll, cashiers) and money orders sent to the Issuer for Card loading will be returned unless we decide in our discretion to load the full amount to apply the check or money order towards a negative balance. Remote check deposit is available through Ingo Money, Inc. (a third party under contract with IYap to provide you this service) via our mobile app. Terms and conditions apply to the remote check deposit. Visit the mobile app for more details.

  1. 10. Direct Deposit

The direct deposit account number associated with your Card cannot be used for payment (preauthorized direct debits from merchants or from utility or Internet service providers). Instead, please use IYap Bill Pay for payments to merchants, utility or internet service providers, see section 11 for details. If a merchant or provider presents the direct deposit number for a payment, this will be declined and your payment to the merchant or provider will not be processed. The bank routing number and direct deposit account number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are not authorized to give the bank routing number and direct deposit account number to anyone other than your employer or payer. YOU AGREE THAT ONLY DIRECT DEPOSITS IN YOUR NAME WILL BE LOADED TO THE CARD. ALL DIRECT DEPOSITS IN THE NAME OF ANYONE ELSE WILL BE DECLINED AND RETURNED.

  1. 11. Card Features/Usage Details

Card Details. The maximum combined amount that can be unloaded from your Card per 24 hour period is $2,500.00. The maximum combined value on your Card is $9,999.99. For security reasons, we may further limit the amount, type, or number of transactions you can make on your Card at any time in our discretion. Your Card cannot be redeemed for cash. You may not use your Card for online gambling or any illegal transaction.

Purchase Details. You may use your Card to purchase or lease goods or services anywhere debit cards, Interlink cards and Maestro cards are accepted as long as you do not exceed the value available on your Card. If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself.

Funds Available. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction.

Split Transactions. Some merchants do not allow Cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount you request to be withdrawn from the funds available on the Card to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

Authorization Holds. If you use your Card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount (place a hold) on your Card Account of up to $75.00 or more. This may cause your Card to be declined even though you have sufficient funds on your Card to pay for the transaction. If this happens, pay for your purchase inside and tell the cashier exactly how much you want to spend. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant or we may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Any preauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on "hold" will be removed. It may take up to thirty-five (35) days for the "hold" to be removed. During the hold period, you will not have access to the preauthorized amount. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

Preauthorized credits: If you have arranged to have direct deposits made to your IYapCash at least once every 60 days from the same person or company, you can call us at1-855-685-6821or email us at agent@iYapCash.com to find out whether or not the deposit has been made.

Right to Stop Payments. If you have set up regular payments from your Card, you may stop any of these payments. Here is how: Stop the Payment in IYap Bill Pay or call customer service at1-855-TOKOVA-1 (855-865-6821) and request a stop payment at least 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to send us your request in writing within 14 days after you call. Notice of varying amounts. If these regular payments may vary in amount, the party you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

iYap Bill Pay. We make available to you a bill payer system, IYap Bill Pay, which allows for payment to third parties via a pre-authorized electronic deduction or by issuing a paper check. Any payments made through this system will be deducted from the funds on your Card within twenty-four (24) hours or on any future date specified by you. If you do not have the funds available at the time we attempt to make the payment from your Card, the payment will not be made. If you have scheduled multiple payments to be made and the funds on your Card are not sufficient at the time we attempt to complete all of the scheduled payments, we pay only those for which your balance is sufficient to cover, starting with the lowest dollar amount payment. We will notify you by email of any failed attempts to make payments from your Card.

  1. 12. Non-Visa Debit Transactions

New procedures are in effect that may impact you when you use your Card at certain merchant locations. In the past, transactions have been processed as Visa transactions unless you entered a PIN. Now, if you enter a PIN, transactions may be processed as either a Visa debit transaction or as a Maestro transaction.

Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the Maestro network when making a transaction with a PIN, different terms may apply, such as MasterCard® zero liability, see section 20 for more details. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the Maestro network. Please refer to the paragraph labeled "Your Liability for Unauthorized Transfers" for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions. To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.

  1. 13. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant. Neither the Issuer nor IYap are responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

  1. 14. Card Replacement

If you need to replace your Card for any reason, please contact us at1-866-IYAPCASH (866-787-4227)to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. There may be a fee to replace your Card. See Fee Schedule for additional information.

  1. 15. Transactions Made In Foreign Countries/Currencies

If you obtain your funds or make a purchase in a currency other than in US dollars, the currency which your Card was issued, the amount deducted from your funds will be converted by the network or payment association into US dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by the network or payment association from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate the network or payment association itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, you will be assessed a foreign currency conversion fee of 3% of the transaction amount unloaded from the funds on your Card and will retain this amount as compensation for its services. Transactions made outside of the 50 United States and the District of Columbia are also subject to this conversion fee even if they are completed in U.S. currency. For security reasons, Issuer or IYap may limit or deny use of your Card in certain foreign countries or charge you a fee for such usage, see the Fee Schedule for additional information.

  1. 16. Receipts

You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.

  1. 17. Card Balance/Periodic Statements

You are responsible for keeping track of your Card’s available balance. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction. You may obtain information about the amount of funds you have remaining on your Card by calling the phone number on the back of your Card or visiting us online at www.iYap360.com. Balance information, along with a sixty (60) day (or more) history of Card transactions is also available online at no additional cost at www.iYap360.com. You also have a right to obtain a sixty (60) day written history of Card transactions by calling the phone number on the back of your Card or by writing us at IYap LLC, 99 Peachtree Street, Atlanta, GA 30303 and requesting the Card history. There is a fee to receive your Card history in writing, see the fee schedule for details. You will not receive paper statements in the mail unless you request paper statements be mailed to you and pay the applicable fee.

  1. 18. Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

    1. Where it is necessary for completing transactions;

    2. In order to verify the existence and condition of your Card for a third party, such as a merchant;

    3. In order to comply with government agency, court order, or other legal or administrative reporting requirements;

    4. If you consent by giving us your written permission;

    5. To our employees, auditors, affiliates, service providers, or attorneys as needed; or

    6. Otherwise as necessary to fulfill our obligations under this Agreement.

  1. 19. Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your 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:

    1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;

    2. If a merchant refuses to accept your Card;

    3. If an ATM where you are making a cash withdrawal does not have enough cash;

    4. 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;

    5. If access to your Card has been blocked after you reported your Card lost or stolen;

    6. If access to your Card has been blocked by us for suspected fraud.

    7. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;

    8. If we have reason to believe the requested transaction is unauthorized;

    9. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

    10. Any other exception stated in our Agreement with you.

  1. 20. Lost or Stolen Cards/Your Liability for Unauthorized Transactions

Network transactions. Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone else has transferred or may transfer money from your Card, call us at1-855-TOKOVA-1 (855-865-6821).

Under Visa U.S.A. Inc. Operating Regulations, your liability for unauthorized Visa debit transactions on your Card is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card. This reduced liability does not apply to PIN transactions not processed by Visa or ATM cash withdrawals.

Under MasterCard zero liability rules, your liability for unauthorized MasterCard debit transactions using your PIN on the Maestro network with your Card account is $0.00 if you notify us within two (2) business days and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as a method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period.

If your Card has been lost or stolen, we will close your Card to keep losses down.

Your Liability for Unauthorized Transfers on your Card.

Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning toll-free at1-866-787-4227is the best way of keeping your possible losses down. You could lose all the money in your Card account. If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. Also, if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically accessed your account (if the unauthorized transfer could be viewed in your electronic history), or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.

  1. 21. In case of errors or questions about your Electronic Transfers on your Personalized Card

In case of errors or questions about your Card, call us at the number provided on the back of your Card, write to Cardholder Services at IYap LLC, 99 Peachtree Street, Atlanta, GA 30303, or email agent@iYapCash.com as soon as you can. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at the number provided on the back of your Card or writing us at IYap LLC, 99 Peachtree Street, Atlanta, GA 30303. Fees may apply, see the Fee Schedule for details.

    1. You will need to tell us:

      1. Your name and Card number.

      2. Why you believe there is an error, and the dollar amount involved.

      3. Approximately when the error took place.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any 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 money during the time it takes us to complete our investigation. This type of credit is referred to as a "provisional" (or temporary) credit. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three 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 we used in our investigation. If you have any further questions regarding our error resolution procedures, please contact us by calling us at1-866-787-4227or via email at agent@iYapCash.com.

IMPORTANT: If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not provide a provisional credit to your Card.

  • Miscellaneous Terms/Governing Law

The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

  • Amendment and Termination/Cancellation

We may amend or change the terms and conditions of this Agreement at any time. Please review the latest Agreement online at www.iYapCash.com. If required by applicable law, you will be notified of any change prior to the effective date of the change. If the change is made for certain reasons such as security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

For security or other reasons, we may consider your Card inactive or dormant after a certain period of time as determined by us (such period normally being not less than 45 days) during which time you have not used your Card for any transactions or during which time you have maintained a zero or negative balance on your Card. If your Card is inactive, we may close or cancel the Card at our discretion. The Card and the funds loaded on your Card also may be deemed abandoned after a period of time specified by applicable law. Card funds that are presumed to be abandoned will be escheated to the appropriate state in accordance with applicable law. If your Card is closed with a negative balance, we may in our discretion (1) close your other Cards and/or (2) block you from applying for a new Card until you bring the Card with the negative balance positive, or (3) to the extent permitted by law, we may, at our option and without waiving any of our rights, offset any direct loss up to the amount suffered by us as a result of such use from any balance on your Card or any other Prepaid Visa IYapCash(s) you may have, or you may open in the future.

In the event that your Card is cancelled, closed, or terminated for any reason, you may request the unused balance, to be returned to you via a check to the mailing address we have in our records. We reserve the right to refuse to return any unused balance amount less than $1.00.

If we identified any fraudulent, illegal or any other use of your Card which is not permitted by this Agreement, to the extent permitted by law, we may, at our option and without waiving any of our rights, offset any direct loss up to the amount suffered by us as a result of such use from any balance on your Card or any other Prepaid Visa IYapCash(s) you may have, or you may open in the future. We reserve the right to immediately close your Card and any other Prepaid Visa IYapCash(s) with us you may have without notice to you.

As Program Provider for your Prepaid Visa IYapCash, IYap has certain responsibilities with respect to you and your Card Account as described in this Agreement. One of those responsibilities is to choose the issuing bank for your IYapCash and to direct the funds in your Card Account to be deposited at that issuing bank. By accepting and using your IYapCash you appoint IYap as custodian for your Card Account solely for the purpose of choosing the issuing bank for your IYapCash and directing the funds in your Card Account to be deposited at the issuing bank. You acknowledge and agree that IYap may choose to change the issuing bank for your IYapCash at any time in IYap’s sole discretion and direct the issuing bank to transfer the funds in your Card Account to the successor issuing bank selected by IYap. IYap will send written notice to you either electronically (if you have agreed to receive notices from IYap electronically) or at the mailing address IYap has on file for you, at least thirty (30) days before IYap chooses to change the issuing bank for your Prepaid Visa IYapCash and direct the transfer of funds to the successor issuing bank. The notice will include instructions describing how and when you may opt-out of the transfer of the funds in your Card Account. Opting-out of such a transfer will result in the closing of your IYapCash and IYap will return any funds in your Card Account, in excess of $1.00, by issuing a check to you. Under these circumstances, no fee will be charged for the check.

  • English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

  • Customer Service

For customer service or additional information regarding your Card, please contact us at1-855-TOKOVA-1 (855-865-6821) or:

IYap, LLC
99 Peachtree Street
Atlanta, GA 30303
Email: agent@iYapCash.com

For your security, please DO NOT send the following information via e-mail:

Your 16 digit Account number
Your Personal Identifiable Information – such as Social Security Number or Birthdate
Your IYapCash logon information (User ID or password)
Images of Identification (your state issued ID or social security card)

Customer Service agents are available twenty-four (24) hours a day, seven (7) days a week.

  • Telephone Monitoring/Recording/Calling & Solicitation

We may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law. To the extent permitted by applicable law, you consent and agree that IYapCash and service providers under contract to provide services for IYapCash may contact you at any telephone number(s) that you provided or any number IYapCash has for you in its records, including your cellular or other wireless device to service your Card. IYapCash has your permission to contact you by any means available, including by text message. You also agree that IYapCash may contact you using prerecorded messages or automatic dialers.

  • No Warranty Regarding Goods or Services

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. You understand and agree all issues with the quality, safety, legality or any other aspect or services you purchase with an IYapCash must be addressed and handled directly with the merchant from whom those goods or services were provided.

  • Your Change of Address

You are responsible for notifying us promptly upon a change to your address. If your address changes to a non-US address or a US address in the state of Vermont, we may close your Card and return or make the available funds to you.

  • Privacy and Data Protection

Information We Collect ("Cardholder Information")

    1. Information about purchases made with the Card, such as date of purchase, amount and place of purchase;

    2. Information provided to us when the Card is requested; and

    3. Information you provide when you call about the Card.

Information Security:

Only those persons who need it to perform their job functions are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information.

Disclosure:

We may use Cardholder Information to provide customer service, to develop marketing programs, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services on our behalf. We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas.

Other Important Information

If you are a resident of California or Vermont, we will not share with non-affiliates except for our own marketing purposes, our everyday business purposes, or with your consent. Nevada residents: We are providing this notice pursuant to Nevada law.

  • ARBITRATION

Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: (i) this Agreement; (ii) your Card; (iii) the Cards of any additional cardholders designated by you; (iv) your purchase of the Card; (v) your usage of the Card; (vi) the amount of available funds on the Card; (vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; (viii) the benefits and services related to the Cards; or (ix) transaction on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).

We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.

ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.

For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.

NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.

This arbitration provision shall survive: (i) the termination of the Agreement; (ii) the bankruptcy of any party; (iii) any transfer, sale or assignment of your Card, or any amounts owed on your Card, to any other person or entity; or (iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force

IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. SAVE YOUR RECEIPT AND CALL US AT THE NUMBER PROVIDED ON THE BACK OF YOUR CARD TO CANCEL AND TO REQUEST A REFUND.

  • Disclaimer of Warranties

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  • Limited Liability.

UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, METABANK OR IYap WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT EITHER METABANK OR IYap IS HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY THE BANK OR IYap SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

This Cardholder Agreement is effective 02/19/2016.

This Card is issued by , Member FDIC.
Bank address

For customer service or additional information regarding your Card, please contact us at1-855-TOKOVA-1 (855-865-6821)

iYap, LLC
99 Peachtree Street
Atlanta, GA 30303

© 2016 Bank name

 

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