Cardholder Agreement

Nationwide Bank® Visa Prepaid Card

Cardholder Agreement

IMPORTANT - PLEASE READ CAREFULLY

Terms and Conditions for the prepaid card

This document constitutes the agreement ("Agreement") outlining the terms and conditions under which a Prepaid Visa Card ("Card") has been issued to you. By accepting and using this Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement "You" and "your" mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean NATIONWIDE BANK our successors, affiliates or assignees. You agree to sign the back of the Card immediately upon receipt. The Card will remain the property of NATIONWIDE BANK and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

Definitions

The Card is a Prepaid Card loaded with a specific claim on goods and services, redeemable anywhere Visa debit cards are accepted. The Card is not connected in any way to any other account and the value associated with your Card is not FDIC insured. The unused balance on your Card does not earn interest.

Authorized Users

You may permit another person to have access to the Card or Card number. However, if you do, you are liable for all charges and fees incurred by any other person you have authorized. You are wholly responsible for the use of the Card according to the terms of this Agreement.

Activating the Card

Web Sales and Large Company orders for Visa Gift cards must be activated before they can be used. Please follow the activation instructions provided with your card. Cards purchased from branch stock are activated upon purchase and may be used immediately. These cards will not have an activation label affixed to the front of the card. If your Card requires activation, you must activate it by calling toll-free 1-866-236-7969. We urge you to register the Card in your name at www.nationwide.com/visa-gift-card-online.jsp promptly, upon receipt. By registering the Card we can establish your relationship to the Card in the event it is lost, stolen, or destroyed. In addition, Internet, mail and phone order purchases may require that the Card first be registered in order to use it for such a transaction.

Using Your Card

You may use the Card to obtain goods or services wherever Visa Cards are honored. This Card does not have a personal identification number ("PIN") and cannot be used to obtain cash at an ATM or branch location, or to make preauthorized regular payments. This Card is not reloadable and cannot be reused once the funds have been depleted. Except for Internet, mail or phone order purchases, you must sign for purchases made with your Card. If you use the Card number without presenting the Card (such as for an Internet, mail or phone order purchases), the legal effect will be the same as if you used the Card itself. For security reasons, we may limit the amount or number of transactions you can make on the Card. You may not use the Card for any illegal transaction. You do not have the right to stop payment on any transaction made with the Card. Each time you use the Card, you authorize us to simultaneously deduct the amount of the transaction from the balance of the funds associated with the Card, even though transactions may not actually be posted until a later date. You are not allowed to exceed the balance of the funds available on the Card, through an individual transaction, or a series of transactions. Merchants often will not be able to determine the available balance on your Card, so you should know the exact balance.

Point-of-Sale Transactions

If you wish to use your Card for purchases at merchants that accept Visa debit cards, you should use it as you would a credit card, by selecting the "credit" payment option and signing the sale receipt. Although your Card is a debit card, it will not work with debit payment systems that require a (PIN). You should use the Card only at the time of an actual Point Of Sale transaction and you may not use the Card for an advance reservation or guarantee of any purchase of goods and services (i.e., rental car or hotel reservation guarantees).

Split Tender Transactions

If you wish to use the Card for a purchase which is greater than the balance of the funds available on the Card, you must first inform the merchant before completing the transaction. If you fail to inform the merchant prior to completing the transaction, the Card may be declined. The merchant will require payment for the difference in cash or some other means of payment. This is called a "split tender" transaction because you would be "splitting the purchase between your Card and another form of payment". Some merchants may not accept split transactions.

Gas Stations

If you use your Card to purchase gas, you must pre-pay inside the station. The Card will not work at the Pay-at-the-Pump terminal.

Gratuities

Restaurants, spas, hair salons, and other merchants with employees receiving tips, may add a percentage to the amount to be authorized to cover tips, and other possible additional charges that they anticipate you will add to the bill. As a result of this increased authorization request, if you have insufficient available balance on your Card to cover the amount that the merchant requested us to approve, your Card may be declined. If you have more than sufficient available balance on your Card to cover the amount that the merchant requested us to approve, it may result in a "hold" on your available balance for the additional amount if you do not add the amount they anticipate. Once the merchant sends us the final transaction amount you designate, we will remove the "hold" on your available balance for any additional amount exceeding the final transaction amount. This may take 3 to 7 days and during this period you will not be able to use any Available Funds in a "hold" position. To avoid a decline of, or a hold on, the available balance on your Card, you can ask the merchant to authorize a specific dollar amount. We do not guarantee that the merchant will fulfill this request.

Internet, mail, phone orders

Internet, mail, and phone order purchases may require that we have the correct name and home address of the Card owner on file. If you wish to make Internet or mail order purchases, you will need to go to www.nationwide.com/visa-gift-card-online.jsp and register your Card by entering your name and home address prior to performing an Internet, mail or phone order transaction.

Gaming and Wagering Transactions

The Card is not to be used for any gaming or wagering transactions, including transactions for casino chips, bets, wagers, Internet gambling or any other gaming or wagering transaction. We will decline transactions for casino chips, bets, wagers, Internet gambling or any other gaming or wagering transaction.

Card Activity Information

You can review the Card balance and transaction activity by calling toll-free 1-866-236-7969 or by visiting www.nationwide.com/visa-gift-card-online.jsp. This information is available to you 24 hours a day, 7 days a week. You are responsible for keeping track of the available balance on your Card. We strongly urge you to review regularly your Card's online transaction history. Your failure to review could affect your rights with regard to unauthorized transactions or transaction errors. The Card account number and some of the information requested when you activated the Card are required for authentication.

Card Expiration

The Card will expire on the expiration date that is printed on the front of the Card. After the expiration date, the Card may no longer be used. Your Card can be used to make purchases until the entire value has been used or the expiration that appears on the front of the Card, whichever occurs first.

Card Liquidation

You may elect to have the remaining balance on your Card sent to you by check before the Card expiration date by calling 1-866-236-7969. We will deduct a $10.00 liquidation fee from your available Card balance.

ID Theft

To protect our accountholders, we will verify the accountholder's identity during the account opening process or at other times that we deem reasonable. If we are not able to form a reasonable belief as to the accountholder's identity, or if we have reason to suspect potential identity theft, we will notify the accountholder of the needed information:

(A) At the accountholder's current address; or

(B) By any other means of communication that we and the accountholder have previously agreed to use.If you have any questions regarding our procedures, please notify us by calling our customer service center (1-877-422-6569).

Replacement Cards

If the Card is lost or stolen or damaged please call us at 1-866-236-7969 so the card can be disabled. If our records show that there is still an available balance remaining on the Card, we will cancel the original Card and send you a replacement Card by regular mail. The replacement Card will be in the amount of the available balance on your lost or stolen Card at the time you notified us. We will deduct a $10 replacement fee from your available balance. We cannot provide a replacement Card if you do not have your Card number available.

Address Changes

As part of our processes to protect our cardholders, we will verify all address change requests so that we may form a reasonable belief that only authorized address changes are processed. As one of our safeguards, we will not issue a debit card or other access device until we have successfully verified any requested address changes. In accordance with our policies and procedures, and for the purpose of assessing the validity of requested address change, we will notify the cardholder of the address change request:

(A) At the cardholder's former address; or

(B) By any other means of communication that we and the cardholder have previously agreed to use.If your address changes, we have an incorrect address for you, or if you have any questions regarding our procedures, please notify us by calling our customer service center (1-877-422-6569).

Inactivity Fee

After 12 months of no account activity, an Inactivity Fee of $5.00 will be assessed each month. This fee will be assessed until the balance on the Card reaches $0.00.

Returns and Refunds

If you are entitled to a refund, for any reason, for goods or services obtained with the Card, you agree to accept credits to the Card for such refunds.

Transactions Made in Foreign Currencies

If a transaction is made in a foreign currency, we and Visa International will convert the transaction into a U.S. dollar amount. Visa will act in accordance with their operating regulations and conversion procedures in effect at the time the transaction is processed. A 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, in each instance, plus or minus any adjustment determined by the Issuer. The currency conversion rate calculated in this matter that is in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. When any transaction must be converted back into a foreign currency because of a refund or other reversed transaction, the same currency conversion formula will apply.

Receipts

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

Privacy

Please refer to the Nationwide Bank Notice of Privacy Policy concerning information collection and sharing, a copy of which can be obtained on our website at www.nationwidebank.com or by calling us at 1-877-422-6569.

Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from 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 enough funds available on the Card to complete the transaction;
  • If a merchant refuses to accept the Card;
  • 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;
  • If access to the Card has been blocked after you reported the Card lost or stolen;
  • 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;
  • Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transactions

Contact us AT ONCE if you believe the Card has been lost or stolen. Call 1-866-236-7969 toll-free immediately to report a lost or stolen card. If you tell us within 2 business days after you discover the loss or theft of the Card you may not be responsible for any losses. If you fail to notify us within 2 business days you will be responsible for up to $50 of any losses resulting from the loss or theft.

Other Terms

The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the 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 anytime. 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 card is issued by NATIONWIDE BANK, pursuant to a license from Visa U.S.A. Inc. This Agreement is governed by Federal law and the laws of the State of Ohio to the extent that Federal law is not controlling.

Amendment and Cancellation

We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change by sending a notice to you to your last address as shown on our records. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend the 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.

Information About Your Right to Dispute Errors

Telephone us at 1-866-236-7969, as soon as you can, if you think your receipt is wrong or if you need more information about a transaction. We must hear from you no later than 60 days after the date of the transaction in question and you must provide the following information:

  • Provide your name and Card number.
  • Describe the error or the transaction you are unsure about, and explain as clearly as you can, why you believe it is an error or why you need more information.
  • Provide the dollar amount of the suspected error.

If you provide this information orally, we may require that you send your complaint or question in writing within 10 business days. We will determine whether an error occurred within 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 45 days to investigate your complaint or question. If we decide to do this, we will credit the Card within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within 10 business days, we may not credit the Card. For errors involving a recently issued Card, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. We will tell you the results within three business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that were used in the investigation.

Schedule of Fees and Charges

There are no fees to use the card to purchase goods or services. Except where prohibited by law, the following fees may apply and may be deducted from the balance available on the card:

Inactivity Fee: $5.00 per month beginning in the month immediately following 12 consecutive months of account inactivity and continuing until there is a zero balance on the Card (regardless of the expiration date of the Card)

Card Replacement: $10.00

Value Unload/Check Issuance Fee: If a check is issued upon the Cardholder’s request or revocation, a $10.00 fee is applicable

Express Delivery Fee: $15.00

Terms of Use

Intellectual Property

Intellectual property is protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in the Terms and Conditions. The Terms and Conditions grant you no right, title or interest in Nationwide's intellectual property and create no relationship between you and Nationwide. You may address all inquiries concerning use of Nationwide's intellectual property to: Nationwide Office of General Counsel, Intellectual Property Department, One Nationwide Plaza, Columbus, OH 43215-2220 (e-mail address: trademark@nationwide.com).

Trademark Notice

The trademarks, service marks, slogans, logos, trade dress and other identifiers ("Marks") displayed on the Site are the property of Nationwide, unless otherwise disclosed. You are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the written permission of Nationwide. The following are some of the most commonly used, federally registered service marks of Nationwide that may appear on the Site: Nationwide® , the Nationwide framemark, On Your Side® , Nationwide is On Your Side® , Life Comes at You Fast® , and 1-877- On Your Side® . Other Marks (whether registered or not), which are the property of Nationwide, also exist throughout the Site.

Copyright Notice

© 1997-2007 Nationwide Mutual Insurance Company. All rights reserved. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes, without the prior written permission of Nationwide.

License and Reproduction

Original materials of Nationwide posted on the Site are protected by intellectual property laws. You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate the Site solely for your personal, non-public use. You are also granted a limited and revocable license to print copies of the Content, but solely for your personal, non-public use. Except as expressly provided above, all rights are reserved. Any commercial or public use of the Site or any of its Content is strictly prohibited without written permission from Nationwide.

Except as expressly provided above, no portion of the Site, its Contents or any copyright, trademark, trade name, service mark or any other proprietary information of Nationwide (collectively, the "Intellectual Property") displayed on the Site or on any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of the Nationwide. Use of any Nationwide trademarks as metatags on any third-party Web site is strictly prohibited. You may not Co-Brand the Site or display the Site in frames (or any of the Content via in-line links) without prior written permission from Nationwide. "Co-brand" means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of Nationwide in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute the Site or any of its Content. You agree to cooperate with Nationwide in causing any unauthorized co-branding, framing or linking to immediately cease.