This is your AT&T Promotion Card Agreement ("Agreement"). Please read it carefully and keep it for your records. Please sign your AT&T Promotion Card immediately. By accepting and using your Card you agree to be bound by these terms and conditions. In this Agreement "Card" means your AT&T Promotion Card issued by the issuing bank (BANK). "You" and "Your" mean the customer to whom we issue one or more AT&T Promotion Cards and anyone else authorized to use the AT&T Promotion Cards. "We", "us", and "our" mean the issuing bank (BANK), our successors, affiliates or assignees.
Using your Prepaid Card: This Prepaid Card is not a credit card. The Prepaid Card is not connected in any way to any other account and is not FDIC insured. The amount of your Prepaid Card denomination, less the amount of any purchases you make and any charges you incur pursuant to this Agreement is called your Available Funds. You may only use your Prepaid Card when you have Available Funds, and only up to the amount of your Available Funds. You may perform point-of-sale or over-the-counter transactions everywhere Visa® debit cards are accepted with this Prepaid Card. However, for any such transaction, the vendor or merchant must process this Prepaid Card as a credit transaction. This Prepaid Card cannot be used to obtain cash, illegal transactions, and on-line gambling activity. The Card may be used to pay for wireless services from AT&T. The Prepaid Card will remain the property of the BANK and must be surrendered upon demand. The Prepaid Card is non-transferable and non-refundable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.
You may be able to use your Prepaid Card to:
1) Pay for purchases everywhere Visa debit cards are accepted;
2) Access your Available Funds information;
3) Make on-line Available Funds inquiries.
Use of Prepaid Card: The Prepaid Card is provided for your use, and you will (a) not make it available to anyone else; (b) use the Prepaid Card as instructed; (c) promptly notify us of any loss or theft of the Prepaid Card. Treat your Prepaid Card as you would cash. If your Prepaid Card is lost or stolen, it cannot be replaced. You should keep your Prepaid Card in a safe place. You are wholly responsible for the use of each Prepaid Card according to the terms of this Agreement.
Limitations on Transactions: You must have sufficient Available Funds to pay for all Prepaid Card transactions. If your purchase amount is greater than your Available Funds, the difference can be paid for with cash, credit card, or a personal check, subject to the policy of the merchant. However, you must know your Available Funds and inform the merchant to process the card for no more than that amount. If the merchant attempts to process the Prepaid Card for more than your Available Funds, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Prepaid Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction and any applicable charges.
Confirmation of Available Funds: You may confirm the amount of your Available Funds remaining on your Prepaid Card by visiting our website www.att.com/RewardsAndRebates or by calling the number on the back of your card.
Funds Availability: Your Prepaid Card funds are available through the Valid Thru date printed on the front of the card, except in states where prohibited by law. If a merchant attempts to process the Prepaid Card after the Valid Thru date, the transaction will not be approved. If you attempt to return merchandise after the Prepaid Card "Valid Thru" date, you are subject to the policy of the merchant.
Failure to Complete Transactions: If we do not complete a Prepaid Card transaction on time or in the correct amount according to this agreement with you, we may 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 Available Funds to make the transaction;
2) If a merchant refuses to accept your Prepaid Card;
3) 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;
4) If access to your Prepaid Card has been blocked after you reported your Prepaid Card lost or stolen;
5) If circumstances beyond our control (such as fire or flood or computer or communication failure) prevent the transaction, despite reasonable precautions that we may have taken; and
6) Any other exception stated in our Agreement with you.
No Warranty Regarding Goods and Services: We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Prepaid Card.
Privacy of Information: We may disclose information to third parties about your Prepaid Card or the transactions you make:
1) Where it is necessary for completing transactions; or
2) In order to verify the existence and conditions of your Prepaid Card for a third party such as a merchant; or
3) In order to comply with a government agency request, court orders, or other legal reporting requirements; or
4) If you give us your written permission; or
5) To our employees, auditors, affiliates, service providers, or attorneys as needed.
Disputes: You agree to settle all disputes about purchases you made using the Prepaid Card with the merchant who honored the card.
Returns: If you are entitled to a refund for any reason for goods or services obtained with a Prepaid Card, you agree to accept credits to your Prepaid Card for such refunds. Return and refund policies are dependent on the merchant from whom the purchase was made.
Amendment, 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. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend this Agreement at any time. You may cancel this agreement by returning the Prepaid Card to us. Cancellation will not affect any of our rights or your obligations arising under this Agreement prior to cancellation.
Other Terms: Your Prepaid Card and your obligations under this agreement may not be assigned. We may transfer our rights under this agreement. Use of your Prepaid 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 Prepaid Card is issued by BANK pursuant to a license from Visa U.S.A Inc. This Agreement will be governed by the law of the State of South Dakota or Florida except to the extent governed by federal law. You must notify us immediately, in writing, if your address has changed. Write to us at Customer Service, P.O. Box 928678, San Diego, CA 92192, call the number on the back of your card or contact us at our website at www.att.com/RewardsAndRebates. Failure to do so may result in information regarding your Prepaid Card being sent to the wrong person. In such event, we shall not be responsible for any resulting misuse of your Available Funds. If any term of this agreement is found by a court to be illegal or non-enforceable, all other terms will still be in effect.
The Following Notice Contains Information About Your Right to Dispute Errors:
In case of errors or questions about your transactions, call or write as soon as you can if you think your receipt is wrong or if you need more information about a transaction listed on the receipt. We must hear from you no later than 60 days after you obtained the receipt on which the problem or error appeared. The following information must be contained in that notice:
1) Tell us your name and Card number;
2) 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; and
3) Tell us the dollar amount and transaction date of the suspected error.
If you tell us orally, we require that you send us your complaint or questions in writing within 5 business days (Monday-Friday, excluding holidays). We will tell you the results of our investigation within 30 days. Write to us at Customer Service, P.O. Box 928678, San Diego, CA 92192.
Your Liability for Unauthorized Transactions: Contact us at once if you believe your Prepaid Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. Call the number on the back of your card or write to us at Customer Service, P.O. Box 928678, San Diego, CA 92192. While we are happy to answer your questions about transactions, please remember that your Prepaid Card is like cash, and you will be considered to have authorized any transaction by anyone using your Prepaid Card or Prepaid Card number.