Commerce Bank Gift Card Cardholder Agreement

The Card becomes active no later than the end of the next business day after the purchase.  For more information, please refer to commercegiftcard.com. 

The following terms and conditions (“Agreement”) govern the use of your Commerce Bank Visa Gift Card (“Card”). In this Agreement, the words “you” and “your” mean: (a) the person to whom we issue the Card; (b) the person receiving the Card; and (c) the person using the Card. The words “we,” “us,” “our” and “Bank” mean Commerce Bank, N.A. a national banking association. Please read this Agreement carefully and keep it for your records.  You will be deemed to have accepted the terms of this Agreement if any of the following are done by you or by another person with your consent or authorization: (a) purchase the Card; (b) sign the back of the Card; (c) use the Card; (d) authorize any other person to use the Card; (e) retain the Card; or (f) activate the Card.  Please read this Agreement carefully and retain it with the Card.

No Waiver

The Bank’s failure to enforce the performance of any provision of this Agreement will not constitute a waiver of the Bank’s right to subsequently enforce such provision or any other provision of this Agreement.

Card Description

Please sign your Card immediately. Your Card is issued by Commerce Bank, N.A. a national banking association. The Card is a non-reloadable prepaid Visa debit card that may be used to make signature-based purchases at retailers, restaurants, coffee shops, drug stores, sporting events, movie and other theaters, spas, salons and businesses or venues (including mail order, online and brick and mortar establishments) that accept Visa debit cards (“Merchant”). The Card is not a credit card and does not have a line of credit attached to it.  There is no separate deposit account established in your name at the Bank for the Card, and the Card is not linked to any of your checking, savings, debit card or credit card accounts.  The Card does not have a personal identification number (“PIN”), is not enabled for PIN transactions and may not be used to obtain cash at ATM machines. The Card cannot be exchanged for cash or be used to withdraw cash from tellers at Bank branches or other financial institutions.  To use the Card at a Merchant, present the Card at the time of payment and sign the receipt with the same signature you used when you signed the back of the Card. Retain the receipt as a record of the transaction.

Available Funds on the Card

The value of the funds available on the Card at any given time is referred to in this Agreement as the “Balance.” No interest will be paid on the Card Balance and such Balances are not deposits and are not FDIC-insured.  You acknowledge and agree that the Balance on the Card is limited to the dollar value established when the Card was purchased. The Balance will decrease each time you use the Card to make an authorized transaction or you incur, or we assess, a fee or charge.  As you use the Card, the Balance will be reduced by the full amount of each purchase including taxes, and any other fees (“Transaction Amount”).  You agree that the amount of funds shown on the Bank’s records will determine the Card Balance.  Once the Balance is depleted, the Card is no longer valid and you agree (a) not to use the Card; and (b) after you are sure that you do not intend to return any merchandise purchased with the Card, to cut it in half and discard it.  Whenever you use the Card to make an authorized transaction, you are authorizing us to reduce the Card Balance by an amount equal to the Transaction Amount.  At the time of each purchase the Merchant will obtain an approval for the Transaction Amount to ensure adequate funds are available.  The amount of the approval may remain unavailable for up to seven (7) days or in the case of a Hold-Oriented Merchant the amount held may remain unavailable for up to thirty (30) days.  You agree to keep track of the Balance on your Card by using our website or by calling toll free within the United States - 1-866-767-9119 (“Customer Service Number”) and not to use the Card for any purchase that exceeds the Balance except as permitted by this Agreement (see the section – “Purchases Exceeding the Card Balance” in this Agreement).

Tracking the Card Balance

You must keep track of the Card Balance.  To obtain your Balance or to view previous transactions, visit commercegiftcard.com or call the Customer Service Number.  Your Balance will reflect all authorization requests that have been submitted by Merchants. If you have a question about your Balance (e.g., the same transaction has been posted twice or for the incorrect amount), you agree to notify us immediately but no later than 60 days from the date of the transaction, by calling the Customer Service Number.  While the Card may no longer be used after the “Good Thru” date printed on the Card, the Balance on the Card does not expire.  The Balance may be reduced by service fees or other fees as described in this Agreement. If a Balance remains on the Card after the “Good Thru” date, call the Customer Service Number to obtain a replacement Card. We may wait up to 10 business days following your request to send your replacement Card in order to allow for pending transactions to be posted.

Unclaimed Funds

We encourage you to use your Card as soon as possible and to use the entire Balance amount. A “split-tender” transaction may be used to deplete the entire Card Balance (see the section - “Purchases Exceeding the Card Balance” in this Agreement).  The Balance remaining on the Card may become unclaimed funds escheatable to the state, if as shown by the Bank's records, you have not, within the applicable statutory period, requested refund of unused funds on your expired or canceled Card, corresponded with the Bank concerning the Card, or transacted any business on the Card. If that occurs, the funds will escheat to the state in which your last known address was located, according to Bank's records or the state where the Card was purchased.

Before Using the Card

The Card becomes active no later than the end of the next business day after its purchase.  Before using your Card, you must sign it on the back where indicated. Write down the Card number and the Customer Service Number on a separate piece of paper in case the Card is lost or stolen. If you are required to activate the Card, instructions will accompany the Card. During activation or any customer service call, we may request that you provide the 3-digit Card security code printed on the back of your Card, as well as additional identification information. We strongly encourage you to register your Card at commercegiftcard.com.  Registering your Card identifies you as the owner of the Card.  Information provided during registration, including your name, address and phone number, may be used to authorize online purchases and is required to process requests to replace a lost or stolen Card.

Card Usage and Limitations

The Card becomes active no later than the end of the next business day after its purchase. You agree to use the Card only at Merchants and only for lawful purposes.  Your Card can be used to make purchases at any Merchant that accepts Visa debit cards including mail order and online Merchants. The Card may be used when there is a remaining value on it, up to the amount that remains. Purchases will be deducted from your Card until the value reaches zero. If insufficient funds remain on your Card to complete a transaction, the transaction will be declined. If you want to make a purchase that exceeds the amount available on your Card, you may be able to pay the difference with another form of payment, depending on the Merchant's policy. If, for some reason, a transaction that exceeds the value on the Card is completed, you will be liable for the negative Balance.  The Card is not transferable and you agree not to permit any other person to use your Card after it is signed. If you believe your Card has been lost or stolen, you agree to notify us immediately. Any problems or disputes you may have regarding a product or service purchased with the Card should be addressed directly with the Merchant.  The Card does not have a PIN and is not enabled for PIN transactions.  It cannot be used to obtain cash at ATM machines or at Bank branches, or at point-of-sale terminals that require the use of a PIN.  Your Card also cannot be used for any cash advances, for Internet lottery, betting, or gambling transactions or for any illegal transactions.

Purchases Exceeding the Card Balance

If you wish to use your Card to purchase an item for more than your Card Balance, depending on the Merchant's policy, you may be able to use your Card toward a portion of the final purchase price, and then use another form of payment to pay the balance of the final purchase price.

Gasoline Purchases

If you use your Card to purchase gasoline, we recommend that you pay inside, not at the pump. If you pay at the pump, the terminal may be pre-programmed to seek a pre-authorization for $75 and this amount could increase from time to time (“Pre-Authorization Request”).  TO AVOID A DECLINE OF, OR A HOLD ON, YOUR GIFT CARD, WE RECOMMEND THAT YOU PREPAY FOR YOUR GASOLINE INSIDE THE STATION.  This hold will be released when documentation matching the authorized Transaction Amount has cleared processing. You agree that we will not be liable to you for failure to authorize subsequent transactions and/or the failure to pay other items drawn on your Balance as a result of the hold.

Purchases at Tip-Oriented Merchants

When a restaurant or other “tip” oriented Merchant (e.g., spas, hair salons, etc.) requests approval from us to complete your transaction, the Merchant will often add a fixed percentage (approximately 20%) to the amount reflected on the bill presented to you prior to payment. This additional amount is meant to cover the tip that they expect you will add to the bill.  In addition, because Merchant policies and procedures vary, Merchants may not always add a percentage to cover the expected tip.  In order to prevent a negative Balance on the Card, we add a fixed percentage (approximately 20%) to the amount reflected on the bill presented to you.  TO AVOID A DECLINE OF, OR A HOLD ON, YOUR GIFT CARD, YOU CAN ASK THE MERCHANT TO AUTHORIZE A SPECIFIC DOLLAR AMOUNT. WE DO NOT GUARANTEE THAT THE MERCHANT WILL FULFILL THIS REQUEST.  This hold will be released when documentation matching the authorized transaction amount has cleared processing. You agree that we will not be liable to you for failure to authorize subsequent transactions and/or the failure to pay other items drawn on your Balance as a result of the hold.

Purchases at Other Hold-Oriented Merchants:

When a hotel, car rental, cruise line, or mail order Merchant requests approval from us to complete your transaction, the Merchant will often add a fixed percentage (approximately 15%) to the amount reflected on the bill presented to you prior to payment. This additional amount is meant to cover any potential additional costs that can be incurred depending on the Merchant’s policy. In addition, because Merchant policies and procedures vary, Merchants may not always add a percentage to cover the expected additional costs.  In order to prevent a negative Balance on the Card, we add a fixed percentage (approximately 15%) to the amount reflected on the bill presented to you. TO AVOID A DECLINE OF, OR A HOLD ON, YOUR GIFT CARD, YOU CAN USE ANOTHER FORM OF PAYMENT WHEN RESERVING THESE SERVICES AND ASK THE MERCHANT TO AUTHORIZE A SPECIFIC DOLLAR AMOUNT WHEN PAYING FOR THE SERVICES. WE DO NOT GUARANTEE THAT THE MERCHANT WILL FULFILL THIS REQUEST.  This hold will be released when documentation matching the authorized transaction amount has cleared processing. The amount held may remain unavailable for up to thirty (30) days.  You agree that we will not be liable to you for failure to authorize subsequent transactions and/or the failure to pay other items drawn on your Balance as a result of the hold. 

Returns and Exchanges

The Bank, Visa and their affiliates, employees and agents are not responsible for the services or merchandise purchased with the Card and are not responsible for the return or exchange of merchandise purchased with the Card.  By use of this Card, you agree that we are not liable for any consequential damages, direct or indirect. If you think an error has occurred involving a transaction, the error needs to be adjusted and resolved with the Merchant at whose establishment the transaction was made. Exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each Merchant and applicable law. Return and refund policies are dependent on the Merchant from whom the purchase was made. At the time of any exchange or return, you should present both the merchandise receipt and the Card.  Availability of credits added to the Balance may vary by Merchant.

Foreign Transactions

If a Card is used to make a purchase outside the United States, the network that handles the transaction will convert the local currency amount of the transaction to U.S. dollars. If the network converts the currency, it will use either a rate selected by the network from the range of rates available in wholesale currency markets for the applicable processing date, which may vary from the rate the network itself receives, or the government-mandated rate in effect for the applicable central processing date. For each purchase transaction in a foreign currency, we may also charge a Foreign Currency Conversion Fee, which is 1% of the network transaction amount.

Service Fees

We encourage you to use your Card as soon as possible and to use the entire Balance. A “split-tender” transaction may be used to deplete the entire Card Balance (see the section- “Purchases Exceeding the Card Balance” in this Agreement). There is a monthly service charge for the Card that begins on the first day of the month immediately following the 365th day after the date your Card was purchased. While you may leave Available Funds, as defined herein, on the Card, starting on the first day of the month immediately following the 365th day after the date your Card was purchased, and subject to applicable law, we will deduct a monthly service fee of $2.50 from your Balance. If we send you a replacement Card for a lost or stolen Card, the initial 365-day period is still tracked from the date your original Card was purchased. The monthly service fee continues until the Card has a zero Balance. If the Card Balance is zero or becomes zero as a result of this fee, the Card will be cancelled. Any fees or charges authorized by this Agreement will be charged to the Card.

Cancellation

We retain the right to amend or discontinue the Commerce Bank Visa Gift Card program and this Agreement at any time and at our discretion. We may cancel your right to use the Card at any time and have you return the Card to us. If that occurs, a check will be mailed to your last known address according to the Bank's records for the remaining value.

Lost or Stolen Cards

You agree to safeguard your Card and treat it like cash.  We strongly encourage you to register your Card online at commercegiftcard.com.  If your Card is lost, stolen or damaged, if you suspect that it has been used without your authorization, or if you think there is an error involving a transaction made with your Card, contact us immediately at 1-866-767-9119.  To receive a new Card for the remaining Balance you will have to provide us with information, including your Card number or other identifying details that confirms that you are the legitimate owner of the Card. We cannot provide a replacement Card if you do not have your Card number available.  If our records show that a Balance remains on the Card, we will cancel the Card and send you a replacement Card at no charge.  The replacement Card will be in the amount of the Card Balance on your lost/stolen Card at the time you notified us that it was lost/stolen.  No refunds will be provided for amounts debited from your lost/stolen Card before you notify us.  If you believe that your Card was used without your permission, or if you think there is an error involving a transaction made with your Card, we will ask you to provide information, in writing, that enables us to investigate the transaction(s). In most cases, we will complete this investigation within sixty (60) days of receiving the requested information. If more time is needed, we will notify you in writing, and we will complete the investigation within an additional thirty (30) days. If we can validate your claim, we will credit your Card if we have not reissued a new Card for the amount of the unauthorized purchase(s) or erroneous transaction once the investigation is completed.

Confidentiality

We may disclose information to third parties about your Card or the transactions that you make if it is necessary to complete a transaction, to verify the existence and condition of your Card, to resolve an error or an inquiry as to an alleged error, to comply with a legal subpoena or other mandatory disclosure requirements, or if you give us permission.

Governing Law; Venue; Severability. 

This Agreement will be governed by the laws and regulations of the United States and, to the extent not governed by federal laws and regulations, by the laws and regulations of the Commonwealth of Pennsylvania notwithstanding any choice of law principles.  You and the Bank each hereby irrevocably consent to the exclusive jurisdiction of the Courts of the Commonwealth of Pennsylvania sitting in the Eastern District of Pennsylvania or in the United States District Court for the Eastern District of Pennsylvania in any and all actions and proceedings arising under or related to this Agreement, the Card or its use.  A determination that any part of this Agreement is invalid or unenforceable will not impact the validity or enforceability of the remainder of this Agreement.