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Gift Cards Terms & Conditions

FIRST CITIZENS BANK VISA® GIFT CARD CARDHOLDER AGREEMENT

This Gift Card Cardholder Agreement (the "Agreement") applies to the purchase, receipt and/or use of the Visa® Gift Card, which is issued by, and the property of, First-Citizens Bank & Trust Company (the "Gift Card" or "Card"). Use of the Card is subject to and governed by this Agreement and applicable law. By accepting and using the Card, you agree to the terms of this Agreement; therefore, please read it carefully and keep it with your important records for future reference. As used in this Agreement, "Bank," "we," "our," and "us" refer to First-Citizens Bank & Trust Company; "you," "your," and "Cardholder" refer to the purchaser, recipient or user of the Card.

  1. About the Card.The Gift Card is a non-personalized, non-reloadable, prepaid debit card, which is "loaded" on the purchase date with an amount in U.S. dollars. The Card is not redeemable for cash. Each time the Card is used, the value of the Card (the "Card balance") will decrease by the amount of the transaction. The Card is not linked to or issued in connection with any deposit account established in your name at any bank and does not create any such account at any bank. The value of the Card is not insured by the Federal Deposit Insurance Corporation ("FDIC"). Gift Cards are available for use the business day (Monday through Friday) following the day of purchase.
  2. Card Usage: Limits. You may use the Card an unlimited number of times per day for purchases subject to the following:
    1. Purchase Transactions: You may use the Card to purchase goods and services at merchants that have agreed to accept Visa debit cards ("point of sale" or "POS" transactions) on either signature-based (i.e., require a signature) or PIN-based (i.e., require a personal identification number or "PIN") transactions.
    2. PIN-Based Transactions: In order to make a PIN-based transaction you must first register the Card and select a PIN by visiting firstcitizens.com/giftcards or by calling the toll-free number on the back of the Card (866.594.6438).
    3. Internet Purchases: You may use the Card to make Internet purchases, but must first register the Card with your mailing address at firstcitizens.com/giftcards.
    4. Gasoline Purchases: The Card cannot be used at the pump at gas stations with pay-at-the-pump capabilities; you must present the Card to an attendant.
    5. Foreign Currency Transactions: You may use the Card to conduct transactions in foreign currency. If you conduct a Card transaction in currency other than U.S. dollars, Visa will convert the transaction to U.S. Dollars by multiplying the transaction amount in the non-U.S. dollar currency by a currency conversion rate that is either (i) the government-mandated rate in effect on the central processing date, or (ii) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives. The resulting U.S. dollar transaction amount will be charged to the Card.
    6. Prohibited Uses: You may not, and agree not to, use the Card: (i) for Internet lottery, betting, gambling transactions, or for any illegal transactions: (ii) to request cash back at merchants or to obtain cash from ATMs; (iii) to make advance reservation or guarantee any purchase of goods and services (for example, to make rental car or hotel reservation guarantees); or (iv) for transactions that exceed the Card balance.
  3. Monthly Inactivity Service Fee. We will charge your Card a monthly Inactivity Service Fee after each twelve (12)-month period of continuous inactivity, and will continue to charge this fee until the Card has a zero balance. Continuous inactivity will be counted from the date the Card was issued or the date the Card was last used, whichever is later. This fee, as well as all other fees associated with your Card, is set forth in the Fee Schedule at the end of this Agreement. If the Card balance is reduced to zero as a result of this fee or other fees, we will cancel the Card.
  4. Payment for Card Transactions. You agree that use of the Card with any merchant, whether or not you have signed any sales or debit authorization, will constitute a simultaneous debit from the Card balance. You agree not to use the Card for a transaction that exceeds the Card balance, and you will be liable to us for any amounts we pay in excess of the Card balance. You may check your Card balance online at firstcitizens.com/giftcards or by calling the toll-free telephone number on the back of the Card.
  5. Lost or Stolen Cards. The Card is like cash and may be used whenever and wherever accepted without identification. You agree that if you give your Card to someone else to use, you are authorizing that person to use the Card. You agree to protect the Card against loss, theft or unauthorized use. If you lose your Card it is like losing cash and we may not reissue the Card or refund you money. However, if you notice your Card is lost, we advise you to report the loss of the Card IMMEDIATELY by calling us at the toll free number on the back of the Card. If we do reissue the Card, we will charge you any applicable fees, including the Card Replacement Fee, set forth in the Fee Schedule at the end of this Agreement. Notwithstanding the foregoing, you will not be liable for unauthorized transactions processed through the Visa network if you notify us promptly as stated above and you have not been grossly negligent or acted fraudulently in the handling or use of the Card.
  6. Merchant Requests for Authorization. When a merchant requests authorization from us for a Card transaction, we may authorize the transaction if the Card balance is sufficient to cover it at the time of the request or deny the transaction if the balance is not sufficient to cover it. When we authorize a transaction, we will automatically place a "hold" on the Card balance for the amount authorized, the available Card balance will be reduced by that amount, and that amount will not be available for subsequent Card transactions. We will release the hold placed on the Card balance when we receive documentation matching the authorized transaction or the hold period expires, whichever occurs first. You agree to release us from all liability arising out of our authorization of a transaction and the resulting holds placed on the Card balance, including our refusal to authorize subsequent transactions. We are not responsible for failure of a merchant to complete a transaction with the Card. We may limit the number of authorizations in a day or deny an authorization if we suspect fraudulent activity or for other security reasons.
  7. Refunds; Returns. You must handle directly with the merchant any claims for refunds or returns with respect to goods or services purchased with the Card. We will not make cash refunds to you. Your assertion of a claim will not entitle you to any reimbursement from us of the total amount of the sales draft or any charges we are authorized to make against the Card balance. Any refunds the merchant makes to you of amounts charged by use of the Card must be made on a credit voucher, which the merchant will present to us. You are not permitted to stop payment on any sales draft or withdrawal voucher originated by use of the Card. We will not be liable to you for any claims you have against any merchant arising from any Card transaction.
  8. Errors. We may adjust the Card balance to correct any errors made by us in debiting or crediting the Card. You agree to promptly repay us any amount we credit to the Card in error. In case of any suspected errors in your Card balance, call us at the number on the back of the Card. You agree to provide information we request to investigate your inquiry.
  9. Expiration. The underlying funds on the Card expire five (5) years from the date money was last added to the Card, which is the date the Card was purchased. Prior to the expiration date, and if there are funds on the Card, the Card can be used through the last day of the month of the "Good Thru" date printed on the face of the Card. You agree not to use the Card after this date.
  10. Rights in the Card. The Card is our property and we may refuse to issue a Card to anyone. You agree to surrender the Card immediately to us upon our request. We reserve the absolute right to revoke Card privileges with or without cause or notice, unless otherwise required by law. When we revoke a Card, the Card cannot be used to effect any transactions. You agree that we or any POS terminal operator or owner may keep the Card upon notice or suspicion that the Card has been used in violation of this Agreement or law, or has been used by an unauthorized person.
  11. Cancellation of Card; Unclaimed Funds. We may suspend use of the Card or terminate electronic access to the Card (permanently or temporarily) with or without cause and without prior notice to you. You may cancel the Card at any time by cutting it in two and mailing it to us. Upon cancellation of the Card, whether by us or by you, you agree to return the Card to us at: Card Services Center, 1004 NW 65 Avenue, Miami, FL 33126. You agree that the Card may not be used after it is canceled (but we may honor any such use, at our option). The balance remaining on the Card may become unclaimed funds escheatable to the applicable state, if, as shown by our records, you have not, within the applicable statutory period, corresponded with us concerning the Card, or transacted any business on the Card.
  12. Disclosure of Account Information. You agree that in accordance with our Privacy Notice and to the extent permitted by applicable law we may from time to time disclose information regarding you or the Card. For example, we may disclose information that we believe is necessary (i) to effect, administer or enforce a Card transaction; (ii) in connection with servicing or processing the Card; (iii) to certain service providers that perform services for us or function on our behalf (including, without limitation, marketing of our own products or services or financial products or services offered pursuant to joint agreements between us and one or more financial institutions); (iv) to protect the confidentiality or security of your records; (v) if we suspect the Card has been used in connection with illegal activity or if we believe disclosure will result in the prevention of illegal activity or for other security, fraud, liability, or institutional risk control purposes; (vi) to persons holding a legal or beneficial interest relating to you, or to persons acting in a fiduciary or representative capacity on your behalf; (vii) to a consumer reporting agency in accordance with the Fair Credit Reporting Act or from a consumer report reported by a consumer reporting agency; (viii) in response to an order, summons, subpoena, investigation, request or rule of a court or a government agency or regulatory authority, or any local authority; (ix) with your consent or at your direction, or as otherwise provided under this Agreement or any other agreement between you and us; or (x) as otherwise required or permitted by applicable law.
  13. Disclaimer of Liability for Terminal Operation. We do not warrant, guarantee or otherwise assure to you that any particular point of sale electronic terminal or related computer or communications systems is available or operating properly when you attempt to use it, and we expressly disclaim any such warranty. You agree that, except as may otherwise be required by applicable law, we will have no liability to you for any costs, losses or damages, including consequential damages, which you may suffer due to the unavailability at any time of any terminal. You agree not to attempt any transaction at a terminal that appears not to be operating properly.
  14. Arbitration Provision; Arbitration of Disputes. Please read this provision. It provides that certain disputes may be resolved by binding arbitration at the election of either party. Arbitration replaces the right to go to court, including the right to a jury trial and the right to participate in a class action lawsuit. In arbitration, an arbitrator rather than a judge or jury resolves a dispute. The right to appeal the arbitrator's decision maybe limited or unavailable.
    1. Agreement to Arbitrate. Except as provided below in "Exceptions," either you or we may require that any "Claim" (as defined below) be resolved exclusively and finally by binding arbitration, even if suit already has been filed in court. "Claim" means any claim, controversy or dispute (whether pre-existing, present, or future) based on any theory of law or remedy, made by you or anyone connected with you or claiming through or for you (including a representative or trustee in bankruptcy) that arises from or relates to: (i) this Agreement, any prior agreements relating to the Card, or the relationships that result from this Agreement; (ii) the Card; (iii) this Arbitration Provision; or (iv) any disclosures of information about you or your use of the Card.
    2. Exceptions. This Arbitration Provision does not limit your or our right to seek temporary injunctive relief from a court pending any arbitration proceeding. We may also retain the right and option to exercise our right of set off under applicable law or contract and to exercise judicial remedies to enforce any monetary obligations incurred in connection with the Card.
    3. No Class Action Claims. No Claim may be arbitrated on a class action basis. Arbitration shall proceed on an individual basis, including Claims made and remedies sought as part of a class action, private attorney general or other representative action. No Claim may be consolidated with the dispute of any other person. With arbitration, you cannot act as a class representative or participate as a member of a class, even if the Claim has been asserted in court.
    4. General. (i) Any Claim subject to arbitration shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") before a single neutral arbitrator in the state of North Carolina. Any court having jurisdiction may enter judgment on the arbitrator's award. The AAA Rules for Resolving Commercial Financial Disputes, including (as applicable) the Supplementary Procedures for Large, Complex Commercial Disputes ("Rules"), in effect on the date arbitration is filed, shall govern the arbitration, subject to this Arbitration Provision. (ii) The arbitrator may allow discovery of relevant non-privileged documents. (iii) The arbitrator does not have authority to award punitive, exemplary, statutory or consequential damages or damages for lost profits. (iv) The party initiating arbitration pays the initial filing fee. The parties share expenses and fees of the arbitrator equally unless the arbitrator specifically assesses all or part of the expenses and fees in the award. (v) Award or denial of a claim must be made in writing and generally state the reasons for the decision. (vi) This Arbitration Provision is made pursuant to a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. This Arbitration Provision survives termination of or changes (including the addition of new terms) to this Agreement, the Card, or your relationship with us concerning your Card; and your transfer of the Card or this Agreement.
  15. Amendments to this Agreement. We may modify the terms of this Agreement from time to time and will update the disclosure online at firstcitizens.com/giftcards with changes. Amendments required by a bank regulatory authority will be effective according to the applicable regulation with no further notice.
  16. Miscellaneous.
    1. Severability. If any provision(s) of this Agreement are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, but will not affect the validity and enforceability of any remaining provisions of this Agreement.
    2. No Waiver. Our failure to enforce the performance of a provision of this Agreement does not constitute a waiver of our right to later enforce such provision or other provision of this Agreement.
    3. Governing Law. This Agreement, the Card, and all Card transactions will be governed by Visa Rules and Regulations, the laws of the United States and the laws of the state of North Carolina, without regard to conflict of law principles.
    FEE SCHEDULE
    The following fees and charges apply upon issuance of the Card:
    Monthly Inactivity Service Fee
    (after 12 months of continuous inactivity)
    $5.00
    Card Replacement Fee for Lost/Stolen Cards
    $15.00
    Express Delivery Fee
    $22.00
    Card Purchase Fee
    $3.95 per card
    Shipping Fee for Large Orders and Web Sales
    • 20 - 50 cards
      $35.00
    • 51 - 100 cards
      $50.00
    • 101 - 200 cards
      $75.00
    • Over 200 cards
      $100.00

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