Terms and Conditions

MONEYPAK® TERMS AND CONDITIONS OF USE


These terms and conditions are effective as of August 2011

and replace any previous MoneyPak terms and conditions.


These terms and conditions (these “Terms and Conditions”) govern the use of the MoneyPak. Green Dot Bank is responsible for your funds from the time the MoneyPak is purchased until the time the funds are loaded to your Green Dot or other prepaid card or account, transferred to the bank that issued your prepaid card or account, or used to make payment to a third party. Green Dot Corporation provides certain support and marketing services for the MoneyPak. Please read these Terms and Conditions carefully.


If you do not agree to these Terms and Conditions, do not use the MoneyPak, save your receipt, and obtain a refund from Green Dot by calling us at 1-800-GREENDOT By using or allowing another person to use the MoneyPak, you thereby agree to these Terms and Conditions. Green Dot may change these Terms and Conditions, with or without notice, in the manner described herein.


Definitions. In this Agreement, the words “you” and “your” mean the holder of the MoneyPak (“Customer”) and any persons authorized by such person to use the MoneyPak (“Authorized Users”). Note: all Authorized Users must comply with all of these Terms and Conditions. “Green Dot”, “we”, “us”, and “our” mean Green Dot Corporation, the third party that administers the MoneyPak. “Sales Agent” means each distribution agent and retail outlet authorized by Green Dot to provide MoneyPaks for sale to the public. “Transaction(s)” means reloading a prepaid card, making a payment, adding funds to an account, or purchasing goods or services using the MoneyPak. “MoneyPak Number” means the unique number printed on the MoneyPak or sales receipt that is used when making Transactions.


Your MoneyPak. INTEREST WILL NOT BE PAID TO YOU FOR ANY VALUE ASSOCIATED WITH YOUR MONEYPAK. THERE IS NO CREDIT CARD, CREDIT LINE, OVERDRAFT PROTECTION, OR DEPOSIT ACCOUNT ASSOCIATED WITH YOUR MONEYPAK. THE VALUE ASSOCIATED WITH YOUR MONEYPAK IS NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC).


Using Your MoneyPak. The MoneyPak has no value until it is activated by the cashier at the time of purchase. You may use the MoneyPak Number to reload a prepaid card, make a payment, add funds to an account, or purchase goods or services with participating Green Do Financial Network Partners (“Partners”). Treat your MoneyPak the same as you would cash. We are unable to replace the funds on your MoneyPak if it is lost or stolen.


Except where prohibited by law, the MoneyPak can be used multiple times until its balance reaches $0, and with multiple Partners. However, a MoneyPak already used to make a payment, add funds to an account or purchase goods or services cannot later be used to reload a prepaid card.


You agree that you will: (i) not use the MoneyPak at gambling web sites (other than authorized, licensed, US-based pari-mutuel wagering services) or to purchase illegal goods or services; (ii) use the MoneyPak only as instructed. We may refuse to process any transaction that we believe may violate these Terms and Conditions.


Your Representations and Warranties. By retaining, using or authorizing the use of the MoneyPak, you represent and warrant to us that: (i) you are at least 18 years of age (or 19 if you reside in a state where the age of majority is 19); (ii) you are a U.S. citizen or legal alien residing in one of the 50 states, Puerto Rico or the District of Columbia; (iii) any and all personal information that you provide to us in connection with the MoneyPak is true, correct and complete; (v) you have received and reviewed these Terms and Conditions and agree to be bound by and to comply with them; and (vi) you accept the MoneyPak.


Information Collection. You may be asked to provide identification information in connection with your use of the MoneyPak for both the applicable Partner and Green Dot. We may use the information to verify your identity and to process your Transactions, and to provide you with offers for additional products and services. Please see our Privacy Policy for further information. Information regarding Green Dot’s privacy policy is set forth below and available at www.moneypak.com. A Partner’s privacy policy may also apply, depending on the nature of your transaction and the Partner’s own policies; for information on a Partner’s privacy policy, please call the applicable Partner or visit its website, as this is outside of Green Dot’s control. Although no credit history is required to obtain a MoneyPak, you authorize Green Dot to obtain information about you from time to time from credit reporting agencies and other third parties.


You agree that we may monitor and record your telephone and electronic communications with us at any time, without further notice to you or any party to the communication.


Adding Value to the MoneyPak. The MoneyPak is a non-reloadable product. Once your MoneyPak’s balance has reached zero (0) Dollars, it cannot be reloaded for future use, and you must then purchase another MoneyPak if you wish to use one for future Transactions. Value will be “loaded” or added to the MoneyPak at the time of its purchase. A purchase fee will apply. The minimum and maximum initial loads will vary by Sales Agent.


Insufficient Balance. You should load sufficient value on your MoneyPak to pay for each Transaction you wish to execute. If a Partner attempts to process a Transaction for more than the value available on the MoneyPak, the transaction will be declined. We are not responsible for any late fees or service terminations by Partner should transactions be declined.


Refunds for Transactions Made With the MoneyPak. Any refund for Transactions with the MoneyPak must be obtained directly from the Partner. Once the Transaction is completed, Green Dot is not able to issue you a refund of the Transaction amount. You can obtain any refund for unused MoneyPak balance by filling out the refund request form on www.moneypak.com.


Disputes with Merchants. We are not responsible for the delivery, quality, safety, legality or any other aspect of products and services provided by Partners. All such disputes must be addressed to the applicable Partner.


Cancellation and Suspension. We reserve the right, in our sole discretion, to limit your use of the MoneyPak. We may suspend the use of the MoneyPak with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your MoneyPak and obtain a refund for the remaining balance, call Green Dot at 1-800-GREENDOT. Our cancellation of MoneyPak privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your MoneyPak privileges through no fault of yours, you will be entitled to a refund of any remaining balance, as provided in this Agreement.


MoneyPak Expiration. There is no pre-set expiration date for the MoneyPak. The MoneyPak is deemed to be expired when the balance reaches zero (0) Dollars.


Life of MoneyPak. Subject to these Terms and Conditions, the MoneyPak is good until the balance reaches zero (0) Dollars.


Our Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of California.


Fees and Charges. We will charge you, and you agree to pay, the fees and charges set forth in the Schedule of Fees and Charges. We normally deduct fees and charges automatically from the MoneyPak balance at the time a fee or charge is incurred.


Unclaimed Property. If we have no record of MoneyPak activity for several years, applicable law may require us to report the balance on the MoneyPak as unclaimed property.


If this occurs, we may try to locate the owner of the MoneyPak. If we are unable to locate you, we may be required to deliver any value remaining on the MoneyPak to the state as unclaimed property.


MoneyPak Information. You can obtain information about the current available balance on your MoneyPak and a description of past Transactions by visiting www.moneypak.com.


Information Given to Third Parties. We may disclose personally identifiable information to third parties (including, but not limited to Partners) about you, the MoneyPak, and the transactions you make: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of the MoneyPak for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer the MoneyPak or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible illegal activity; (vii) in order to issue authorizations for Transactions; and (viii) as permitted by law. Please see our Privacy Policy for further details.


Our Liability for Failing to Make Transfers. If we do not complete a Transaction to or from the MoneyPak on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. Without limiting any other provision in these Term and Conditions, we will not be liable, for example:

(a) if, through no fault of ours, your MoneyPak funds are insufficient for the Transaction or are unavailable for withdrawal (for example, because they have not been finally collected or are subject to legal process);

(b) if a computer system was not working properly and you knew about the problem when you started the Transaction;

(c) if a Partner or other merchant refuses to honor the MoneyPak;

(d) if circumstances beyond our control (such as fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;

(e) if you attempt to use a MoneyPak that has not been properly activated;

(f) if a Sales Agent or an employee of a Sales Agent where the MoneyPak was either purchased or loaded did not properly transmit information to us; or

(h) as otherwise provided in this Agreement.


Recurring Transactions. THE MONEYPAK IS NOT RECOMMENDED FOR MAKING RECURRING TRANSACTIONS. If, however, you intend to use the MoneyPak for recurring transactions, you must monitor your balance to ensure that sufficient funds exist to cover the transactions. “Recurring Transactions” are transactions that are automatically charged to your MoneyPak each month or other periodic basis with or without any action on your part. Examples of merchants that may use recurring transactions include wireless carriers, Internet service providers, health clubs, insurance companies, cable TV services and the like. Because the MoneyPak is prepaid and does not carry a credit line, these merchants may suspend or cancel your service if you don’t have enough value left on the MoneyPak when that recurring transaction comes due. GDC is not liable for any late fees or service disruption.


Governing Law/Jurisdiction. This Agreement will be governed by and interpreted in accordance with Federal law and, to the extent Federal law does not apply, by the laws of the State of Georgia. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California in all controversies arising out of or in connection with the use of the MoneyPak and this Agreement. Note: If our records reflect that the owner of the MoneyPak is a resident of Illinois, the laws of the State of Illinois, rather than Georgia, shall apply to the extent Federal law does not apply, and all controversies arising out of or in connection with the MoneyPak and this Agreement shall be brought by us in the state and federal courts of Illinois.


Void Where Prohibited. Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited.


Non-Assignability. You may not assign or transfer this Agreement or any of your rights or obligations under this Agreement. Any attempt to the contrary shall be null and void. This Agreement shall be binding on you, your executors, administrators, and any permitted assigns.


Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersede any prior or contemporaneous understandings or agreements with respect to their subject matter.


Severability. If any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.


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


Arbitration of Claims. Please read this provision carefully. It provides that certain disputes will be resolved by binding arbitration. Arbitration replaces the right to go to court, the right to a jury, and the right to participate in a class action or similar proceeding. In arbitration, a dispute is resolved by an arbitrator rather than by a judge or jury. Discovery may be more limited in arbitration than in a court proceeding, and the right and grounds to appeal from an arbitrator’s award are more limited than in an appeal from a court proceeding. Arbitration procedures are generally simpler and more limited than court procedures.


Either you or us may, without the other’s consent, elect mandatory binding arbitration for any past, present or future claim, dispute, or controversy between you and Green Dot (or any agent, employee, successor, representative or assign of either party) related to: (i) the MoneyPak; (ii) any service relating to the MoneyPak; (iii) this Agreement, including the application, enforceability or interpretation of this Agreement and this arbitration provision; and (iv) any other agreement or instrument relating to the MoneyPak or any such service (“Claim”). Once arbitration is elected for a Claim, that Claim shall be settled by binding arbitration under the Federal Arbitration Act (the “FAA”). A Claim is subject to arbitration, without regard to the legal theory on which it is based or the remedy (e.g., damages, injunctive or declaratory relief) sought. This includes: a Claim based on contract, tort, fraud, agency, negligence, statute, common law, equity, or regulation; a Claim made as a counterclaim, cross-claim, third-party claim or otherwise; and a Claim made separately or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party.


Unless otherwise required by law: neither party may join or consolidate Claims by or against others in any arbitration; neither party may include a Claim in any arbitration as a representative or member of a class; neither party may act in any arbitration in the capacity of a private attorney general or otherwise for the benefit of the public; the arbitrator shall not have the authority to award relief for or against anyone on a class or representative basis; and neither you nor Green Dot may pursue a Claim in court as a class action, private attorney general action or other representative action. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, co-applicants, Authorized Users and Registered Users of a single MoneyPak and/or related MoneyPaks are considered as one person, and Green Dot, its officers, directors, employees, agents, and affiliates are considered as one person.


Other Claims Subject to Arbitration. In addition to Claims by you and Green Dot, Claims made by or against anyone connected with you or Green Dot or claiming through you or Green Dot, including an Authorized User, Registered User, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy shall be subject to arbitration.


Exceptions. Claims subject to the jurisdiction of the small claims court (or your state’s equivalent court) are not subject to arbitration and may proceed only on an individual (non-class, non-representative) basis, as described above, in such court. This arbitration agreement also does not limit or constrain Green Dot’s right to interplead funds in the event of claims to MoneyPak funds by several parties, to exercise a security interest or lien Green Dot may hold in any property, Green Dot’s compliance with legal process involving MoneyPak funds or other property, or its right of offset.


Broadest Interpretation. Any question about whether a Claim is subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest manner permitted by law to allow its enforcement. Any such questions will be decided by the arbitrator.


How the Arbitration Works:


How does a party initiate arbitration? All Claims shall be resolved by binding arbitration by the American Arbitration Association (the “AAA”), under its Arbitration Rules for the Resolution of Consumer-Related Disputes. You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting:


American Arbitration Association

335 Madison Avenue, Floor 10

New York, New York 10017-4605

Website: www.adr.org


Compelling Arbitration. At any time, you or Green Dot may ask a court of competent jurisdiction to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.


What procedures and law are applicable in arbitration? A single arbitrator will resolve Claims. The arbitrator will be a lawyer with at least ten years experience in private practice or as a judge of a court of record. The arbitration will follow the rules and procedures of the arbitration administrator in effect on the date the arbitration is filed unless they are inconsistent with this Agreement. In that case, this Agreement will control. The arbitrator will take reasonable steps to protect Customer, Transaction and other confidential information if requested to do so by you or Green Dot. In addition to the parties’ rights to obtain information prior to the hearing under the arbitration administrator’s rules, either party may ask the arbitrator for more information from the other party. The arbitrator will decide whether the discovery of such information is warranted in his or her sole discretion, after allowing the other party the opportunity to respond to the request. The arbitrator will apply applicable substantive law, to the extent consistent with the FAA and this Agreement, including applicable statutes of limitations, will honor all claims of privilege recognized by law, and will only have the power to award to a party such damages and other relief, if any, as are supported by substantial evidence and provided under applicable substantive law. Any in-person arbitration hearing will be held at a place chosen by the arbitration administrator in the same city as the U. S. District Court in your state closest to your then current residence address, or at some other place to which you and Green Dot agree in writing. You and Green Dot may choose to be represented by counsel. The arbitrator will make any award in writing and, if requested by you or by Green Dot, will provide a brief statement of the reasons for the award. The award will determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and will not have any bearing on the rights and obligations of any other person or on the resolution of any other dispute.


Who pays? Whoever initiates the Claim pays the initial filing fee, unless you initiate the Claim and you get a fee waiver under the applicable rules of the arbitration administrator. Green Dot will pay any initial filing fee that the arbitration rules require Green Dot to pay. If there is a hearing, Green Dot will pay any fees of the arbitrator and arbitration administrator for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration administrator and applicable law. However, Green Dot will advance or reimburse your fees if the arbitration administrator or arbitrator determines there is good reason for requiring Green Dot to do so, or if you ask Green Dot, in its discretion, agrees to do so. If the arbitrator issues an award in Green Dot’s favor, you will not be required to reimburse Green Dot for any fees Green Dot has previously paid to the arbitration administrator or fees for which Green Dot is responsible, unless the arbitrator finds that you have acted in bad faith or that your Claim was frivolous. The arbitrator may award attorneys fees and costs to the prevailing party in the arbitration. To the extent that fees and costs are not made a part of the award, each party will bear the expense of its experts, attorneys, witnesses and other expenses (except as set forth above), regardless of which party prevails.


When is the arbitration award final? The arbitrator’s award is final and binding 15 days after it is mailed or otherwise sent to the parties by the arbitration administrator. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law. The award of the arbitrator can be enforced in any court having jurisdiction.


Survival. This arbitration provision shall survive: (i) the termination of this Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your MoneyPak, or any amounts owed on your MoneyPak, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.


Acknowledgement. Your MoneyPak is being made available and priced by Green Dot on the basis of your acceptance of this arbitration clause. By accepting your MoneyPak, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.


Limited Liability. WE 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 MONEYPAK; 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 WE ARE 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 GREEN DOT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE MONEYPAK.


Delay of Rights. Green Dot can waive or delay enforcement of any of its rights under this Agreement without losing them.


Change in Terms. Subject to the limitations of applicable law, we may at any time add to, delete or change these Terms and Conditions with or without notice to you. The current Terms and Conditions can be found at www.moneypak.com or by calling 1-800-GREENDOT.


Questions. Please see the information provided by Green Dot (below) regarding the operation of your MoneyPak. If you have questions regarding your MoneyPak, you may call Green Dot at the number on the back of your MoneyPak or write to Green Dot Customer Service, P.O. Box 1187, Monrovia, California, 91017.


SCHEDULE OF FEES AND CHARGES


Monthly Fee - A $4.95 monthly fee will be applied at the beginning of the 13th month after purchase, except where prohibited by law.


Purchase – There is a purchase price for the MoneyPak, which will be collected by the Sales Agent. Check with your retailer for information on these fees before you purchase the MoneyPak.