IMPORTANT – PLEASE READ CAREFULLY
ESTEEM PASS DISCOVER® REWARD CARD
Please read this Cardholder Agreement (this “Agreement”) carefully and save it for future reference. This Agreement constitutes the agreement between you and Central National Bank & Trust of Enid, Oklahoma (the “Bank”) outlining the terms and conditions under which the Esteem Pass Discover Reward Card (the “Card”) has been issued to you. The Bank is a member of the Federal Deposit Insurance Corporation (“FDIC”). The Card is issued by the Bank pursuant to a license from Discover Financial Services LLC. In this Agreement, “you” and “your” means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement (also known as “Cardholder”). “We”, “us” and “our” refer to the Bank, our successors, affiliates and assignees. By accepting and using, or authorizing any other person to use your Card, you hereby agree to be bound by the terms and conditions contained in this Agreement and are responsible for all transactions involving the Card. The Card is a non-reloadable prepaid card loaded with a specific amount of funds, redeemable as described below. You acknowledge that you have received this Card for loyalty, award or promotional purposes without the payment of any monetary value or other consideration. The Card is NOT a credit card, charge card or debit card associated with a checking account. You will not receive any interest on your Card balance. The Card is not connected in any way to any other account. The Card is not for resale. The Card will remain the property of the Bank and must be surrendered upon demand. The Card is nontransferable and may be canceled, repossessed or revoked at any time without prior notice subject to applicable law. Retain your Card number and the Customer Service number in a separate place in case your Card is lost or stolen.
Registering Your Card.
You are encouraged to register your Card through the registration website established for the Card at www.mypassinfo.com
. Registration will provide you with certain benefits – including FDIC insurance of the funds underlying your Card, ease of cancelation and replacement of lost or stolen cards – that are only available to registered Cardholders. If you decide to register your Card, federal law requires us to obtain, verify and record information that identifies you as the Cardholder, in order to help the government fight the funding of terrorism and money laundering activities. What that means for you as a registered Cardholder:
when you register, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents. At the time of registration, or at any time following registration, you can choose a confidential User Name and Password which will enable you to access and utilize our website to monitor your Card account balance and transaction history. The funds associated with your Card will not be insured to you by the FDIC or any other government agency unless and until you have successfully registered your Card, following which the funds associated with your Card will be insured to you up to the maximum amounts specified by FDIC regulations.
FEE SCHEDULE. No fees are charged upon activation of your Card. The following Card fees may apply and will be deducted from your available Card balance. Any time your remaining Card balance is less than the fee amount being assessed, the balance on your Card will be applied to the fee amount, resulting in a zero balance on your Card. All fees will only be charged to the extent permitted by law.
Applies each month beginning in the 13th consecutive month following Card activation that your Card does not reflect any purchase activity.
Lost or Stolen Card Replacement Fee
$5.95 + shipping
Applies when a lost or stolen Card is replaced. Registration of your Card may facilitate this process.
Using Your Card. Your Card may be used to make purchases at specific participating merchants (each, a “Merchant”). Participating Merchants are subject to change – go to www.mypassinfo.com or call 1-888-453-8820 for a current list of participating Merchants. The Cards may not be used outside of the United States, including with any internet, mail order or telephone order merchants outside of the United States. You agree that you will use your Card in accordance with the terms of this Agreement and will not use your Card for any illegal transaction. We may refuse to process any transaction that we believe may violate the terms of this Agreement or applicable law. For identification purposes, we recommend that you sign the back of your Card upon receipt of the Card. The Card may not be refunded or redeemed for cash except where required by law. At the time of each purchase using the Card, you will be asked to sign a receipt for the transaction. The dollar amount of each purchase for which you use the Card will be deducted from the funds associated with your Card. If, notwithstanding an insufficient balance, an authorization is received by the Merchant or the Merchant uses other means to proceed with the transaction then you agree to reimburse us for any amount in excess of the available Card balance for such a transaction. Once the balance of the Card has reached zero, all subsequent transactions will be declined. Your Card does not have a PIN, therefore you may not use it at an ATM, at a Merchant for cash back with purchase, or for a PIN purchase. To use your Card online, we encourage registration of your Card, otherwise you risk your transaction being declined.
Some Merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and then 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 of 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 using your Card, your Card is likely to be declined.
Some Merchants (such as restaurants) will obtain an authorization/approval on the Card for an amount exceeding the amount of the total bill to cover any tip or gratuity that you may add to the purchase, and therefore it is important for you to be sure that your available Card balance is sufficient to cover such amount or arrange to pay the tip or gratuity using cash or another payment method. Hotels, car rental agencies, and gas stations may also secure an authorization/approval on the Card in excess of the estimated purchase amount to ensure that adequate funds are available to cover the final purchase. The entire amount of the authorization/approval will remain unavailable until the actual transaction posts to your Card (typically within seven (7) business days), although only the amount you actually authorize will be deducted from the funds associated with your Card. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days. If you authorize a transaction and 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.
For security reasons, we may limit the number or amount of transactions you can make with your Card. You do not have the right to stop payment on any purchase or payment transactions that you originate through the use of the Card. You may not make preauthorized regular payments using your Card.
Using the Card at Gas Stations. There are certain payment situations that may require special or additional steps to use your Card. When using the Card at an automated fuel dispenser (“pay at the pump”), simply insert your Card and follow the instructions. If you pay at the pump, the Merchant may preauthorize the transaction amount up to $100.00 or more. If the transaction is not completed, you will need to go inside and pay the attendant prior to pumping.
Internet, Mail, and Phone Order Purchases. Internet, mail, and phone order purchases may require that we have your zip code on file. If you wish to make internet, mail, or phone order purchases, you will need to register your card as described in the section titled “Registering Your Card” prior to performing an internet, mail, or phone order transaction. If you use your Card number without presenting your Card (such as for mail order, telephone, or internet purchases), the legal effect will be the same as if you used the Card itself.
Returned or Exchanged Merchandise. We are not responsible for the services or merchandise purchased with the Card or any damages resulting directly or indirectly from the use of the Card. If you have a problem with merchandise or services purchased with your Card, that problem should be addressed and resolved directly with the Merchant. Exchanges and returns will be governed by the policies of the Merchants and applicable law.
“Valid Thru” Date. The Card plastic is valid through the expiration date shown on the front of the Card or until the funds on the Card reach $0, except where prohibited or modified by applicable law. You may not use the Card after the “valid thru” date. The available funds on the Card will not expire, but may be reduced by the fees set forth under the Fee Schedule above. If there is a remaining balance after the expiration date, you can call 1-888-453-8820 to request that a new Card be issued if allowable in accordance with applicable law. The new Card will have a value equal to the remaining balance of the expired Card.
Responsibility for Use of Your Card
You are responsible for all transactions initiated and fees incurred by use of your Card, and for using your Card according to the terms and conditions of this Agreement. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions incurred by those persons. You may not request an additional Card for another person.
Customer Service/ Balance Inquiries. To check the available balance on your Card, review recent transactions or obtain other customer service at no charge, you may visit www.mypassinfo.com, or call us at 1-888-453-8820, anytime, 24 hours a day, seven days a week. In order to view your Card transaction history through our website, you must first register your Card (see paragraph above titled “Registering Your Card”) and choose a User Name and Password which will enable you to access and utilize our website. Card registration is not required to obtain your Card transaction history through the toll-free number above.
Error Resolution. If you become aware of and/or your transaction history shows transactions that you did not make, notify us immediately at the toll-free number provided above under the section titled “Customer Services/ Balance Inquires.” We must hear from you no later than sixty (60) days after you first accessed the transaction history on which the problem or error appeared. When you call please be prepared with the following:
Your name and Card number.
Describe the error or questionable transaction and explain as clearly as possible why you believe that is so.
The dollar amount of the suspected error and where and when the transaction took place.
If you contact us by telephone, we may require that you send us your complaint or question in writing within ten (10) business days following your call to us. Generally, you will be told the results of the investigation within ten (10) business days. The error will be corrected promptly unless more time is necessary to complete the investigation. If more time is needed, we may take up to forty-five (45) days to further investigate your complaint or question. If we decided to do this, we will notify you verbally or in writing. If we ask you to submit your complaint or question in writing and you do not provide it within ten (10) business days following your call to us, we many not credit your Card.
Liability for Unauthorized Transactions. The Card can be replaced if it is lost or stolen, with certain restrictions. Contact us at once at the toll-free number provided in the section titled “Customer Service/ Balance Inquiries” if you believe that your Card has been lost or stolen. Under Discover Financial Services Operating Regulations, your liability for unauthorized Discover transactions on your Card is $0.00 if you notify us within two (2) business days and you are not grossly negligent or fraudulent in the handling of your Card. If you notify us of any unauthorized transactions within two (2) business days, you can lose no more than $50.00 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card, you could lose up to the lesser of (i) the balance on your Card or (ii) $500.00. If your Card has been lost or stolen, we will close your Card. Upon your request, we will send you a replacement Card. You will be required to provide us with certain personal information, which may include your Card number, full name, transaction history, copies of accepted identification, and other information. We reserve the right to require a written affidavit from you and to conduct an investigation into the validity of any request for a replacement Card. A replacement Card may take up to 14 days to process and will be subject to the replacement card fee set forth in the Fee Schedule above. The replacement Card will be sent to the address that you provide to us when you notify us regarding the lost or stolen Card.
Our Liability for Failure to Complete Transactions. If we do not properly complete a Card transaction for you on time and in the correct amount, we could be liable for your losses or damages. However, there are some exceptions, for example:
If through no fault of our own, you do not have adequate funds on your Card to complete the transaction;
If an electronic terminal where you are making a transaction does not operate properly,
If circumstances beyond our control (such as fire , flood, or communications, or computer failure) prevent the completion of the transaction, despite our reasonable efforts;
If access to your account has been disabled after you have reported your Card lost or stolen;
If a Merchant refuses to accept your Card;
If there is a hold on your account for any reason;
If your funds are subject to legal process or other encumbrance restricting their transfer;
If your transfer authorization terminates by operation of law; or
as otherwise provided in this Agreement or by law.
Your Representations and Warranties. By activating the Card, or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least eighteen (18) years of age (or nineteen (19), if you reside in a state where the age of majority is nineteen (19)); (ii) you are a U.S. citizen or legal alien residing in the United States, Puerto Rico or the District of Columbia; (iii) if applicable, you have provided us with a verifiable U.S. street address and not a P.O. Box; (iv) if applicable, the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. NEITHER WE NOR OUR SERVICE PROVIDER, SODEXO PASS USA, INC., WILL 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 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 US OR SODEXO PASS USA, INC. SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.
No Warranty of Availability or Uninterrupted Use. From time to time the Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information regarding your Card, including the available balance of funds associated with your Card. Please notify us at the Customer Service number stated above if you have any problems using your Card. You agree that the Bank, Sodexo Pass USA, Inc. and their respective affiliates, employees, or agents are not responsible for any interruption of service.
Website Operation and Our Availability. Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
You agree to act responsibly with regard to our website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, gain any unauthorized entry, or interfere with the website’s systems and integrity. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
Disclosure of Information to Third Parties. We may disclose information to third parties about you, your Card and/or your Card transaction history:
Where necessary or helpful for completing transactions;
In order to verify the existence and conditions of your Card and associated funds for a third party, such as a Merchant;
In order to utilize services of third parties and affiliate entities who assist us in providing the Card and related services;
In order to comply with government agency or court orders, or other legal or administrative reporting requirements;
In order to detect, prevent, investigate or report potential fraud or other illegal activity;
If you give us your permission; or
When otherwise permitted by law.
We may also share information about you, your Card and/or your Card transaction history with our affiliates.
Amendment, Cancellation or Revocation. We may, to the extent permitted by applicable law, amend or change the terms of this Agreement at any time and from time to time. We will notify you thirty (30) days prior to the effective date of any such change. If we are unable to contact you for any reason, we will post the changes on our website at the address provided under the section titled “Customer Services/ Balance Inquires.” You will be deemed to have received proper notice thirty (30) days after the changes are posted. We encourage you to review the website regularly to monitor changes in the terms of this Agreement. Please note that if a change is made for security or regulatory reasons, we can implement it without prior notice to you.
We may cancel or suspend your Card at any time without cause or notice. In the event that your Card is cancelled, closed, or terminated for any reason, you may request the unused balance in your account to be returned to you via a check to the mailing address we have in our records or an address provided to us after we properly identify you in accordance with the identification procedures similar to those set forth under the section titled “Liability for Unauthorized Transactions.” Any request for a return of funds will, to the extent permitted by law, be processed within a reasonable period of time after your request.
Unclaimed Property. If you do not use your Card for several years, applicable law may require us to report the balance on the Card as unclaimed property. If this occurs, we may try to locate you at the address last shown in our records. If we are unable to locate you, we may be required to deliver any remaining funds associated with your Card to the appropriate state as unclaimed property.
Governing Law. This agreement shall be governed by, and construed in accordance with the laws of the State of Oklahoma and any actions or proceedings with respect to this Agreement or any services hereunder shall, to the extent not subject to arbitration pursuant to the section below, be brought only before a federal or state court in the State of Oklahoma.
Entire Understanding. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.
Other Terms. This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to the subject matter. In the event that any provision of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the other provisions of this Agreement. Your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. We do not waive our rights by any delay or failure to exercise them at any time. Discover and the Discover acceptance mark are services marks used by the Bank under license from Discover Financial Services LLC.
The Esteem Pass Discover® Reward Card is issued by Central National Bank & Trust Company, Enid, Oklahoma under license from Discover Financial Services LLC. Esteem Pass™ is part of a program covered by and licensed under U.S. Patent Nos. 5,689,100 and 5,956,695.