LOYALTY, AWARD, OR PROMOTIONAL CARD

LITT Card Program Cardholder Agreement

CUSTOMER SERVICE CONTACT INFORMATION:

Address:              2511 Brigden Road, Pasadena, CA 91104 
Website:               https://home.thelittapp.com/contact/
Phone Number:   1-844-217-6618

IMPORTANT NOTICES:

  • This Card has been issued for loyalty/award/promotional purposes pursuant to a conditional offer and is not a gift card.
  • You can only use this Card for eligible purchases of goods and services (“Qualified Purchase”) as defined by the Corporate Sponsor in connection with your participation in the LITT social media rewards program and use of the LITT App (“LITT Program”). Please refer to the terms and conditions provided by the Corporate Sponsor in connection with the LITT Program to confirm that the product or service you wish to purchase is a Qualified Purchase.
  • This Card will be funded by the Corporate Sponsor at the time you make each Qualified Purchase and will be immediately reduced by the amount of the Qualified Purchase, resulting in a zero dollar balance on the Card. You do not have rights to any funds loaded to the Card by the Corporate Sponsor beyond the authorized use provided for in this Agreement or under the LITT Program. Any funds that the Corporate Sponsor may make available for you to spend using the Card are governed by the terms and conditions provided by the Corporate Sponsor in connection with the LITT Program. All disputes or issues relating to the LITT Program should be directed to the Corporate Sponsor.
  • If you do not agree to these terms, do not use the Card and cancel the Card by contacting Customer Service. Any refunds or exchanges are subject to the policy of the Corporate Sponsor.

Fees and Expiration

This Card will expire as indicated by the expiration date found on the Card. You may not use the Card after expiration, and whether you may obtain a replacement Card is subject to the policy of the Corporate Sponsor. 

Card Fees:  None


This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which a LITT Card (“Card”) has been issued for your use by Pathward, National Association.  By accepting and using this Card,  or authorizing any person to use the Card, you agree to be bound by the terms and conditions contained in this Agreement.  In this Agreement “You” and “your” means the person who has received and is authorized to use the Card.  “We,” “us,” and “our” mean collectively, Pathward, a federally chartered bank, member FDIC, and its affiliates or assignees.   “Corporate Sponsor” means the company who has directly or indirectly established this Card for the purpose of enabling you to make Qualified Purchases in connection with the LITT Program.  The Card may be canceled or revoked at any time without prior notice, subject to applicable law.  Please read this Agreement carefully and keep it for future reference.

1.            ABOUT THE CARD

The Card is a prepaid Card loaded by the Corporate Sponsor, redeemable to make Qualified Purchases where Visa cards are accepted by merchants authorized by the Corporate Sponsor under the LITT Program, which can be found in your LITT Mobile Application. The Card is NOT a credit Card. The Card is not a checking account or connected in any way to any other asset account you may have. 

Pathward, N.A. will act as custodian of your funds upon its receipt of your funds. Once your Card is activated, you will be able to provide Pathward, as custodian, with instructions about the funds accessible through the Card. Activation of the Card authorizes us to hold your funds at Pathward or as custodian to place your funds at one or more participating banks (each a “Program Bank”). If you do not agree to your funds being held by us at Pathward or placed by Pathward as custodian at other Program Banks, please immediately spend all the funds on your Card.

2.            USING THE CARD

a.            Accessing Funds and Limitations

Your virtual Card is activated upon issuance to you. The Corporate Sponsor is fully responsible for ensuring funds are available to be loaded to the Card to pay for a Qualified Purchase. We are not responsible if the Corporate Sponsor fails to fund the Card at the time you attempt to make a Qualified Purchase. Each time you use the Card, you authorize us to reduce the value of funds loaded to your Card by the amount of the transaction.  The Card cannot be: (1) redeemed for cash; (2) used for illegal transactions; (3) used for purchases where recurring payments may occur, such as subscriptions, memberships, rentals, etc.; or (4) used to obtain cash at an automated teller machine (“ATM”).  For security reasons, we may limit the amount or number of transactions you can make on the Card. We may refuse to process any transaction that we believe may violate the terms of this Agreement. YOU ARE NOT ALLOWED TO EXCEED THE VALUE OF FUNDS AVAILABLE ON YOUR CARD.  If you attempt to use the Card when there are insufficient funds available on your Card, the transaction will generally be declined.  Nevertheless, if a transaction that exceeds the value of funds available on your Card occurs due to a systems malfunction or otherwise, you will remain fully liable to us for the amount of the transaction. If you do not have enough funds available on the Card to complete the transaction, you may be able to pay the remaining amount with another form of payment. 

b.            Limits

Spend Limitations

Limit

Maximum amount in Point of Sale Signature or PIN Transactions

$2,500 per Transaction, $2,500 per Day, and $5,000 per Month

* Third parties may impose additional limitations.

 

c.            Authorized Users

You are responsible for all authorized transactions initiated and fees incurred by use of your Card.  If you permit another person to have access to your Card, we will treat this as if you have authorized such person to use the Card, and you will be liable for all transactions and fees incurred by such person, even if they exceed the authorization granted. Transactions will be considered unauthorized only after you notify us that the person is no longer authorized to use the Card. You are wholly responsible for the use of your Card according to the terms and conditions of this Agreement.

d.            Foreign Transactions

If you make a Qualified Purchase in a currency or country other than the currency or country in which the Card was issued, the amount deducted from your funds will be converted by the network or card association that processes the transaction into an amount in the currency of the Card.  The rate they choose is either: (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date.  The conversion rate is selected by the network and is not a fee that we charge as compensation for our services.

e.            Personal Identification Number (“PIN”)

You will receive a PIN number provided by LITT by calling 1-844-217-6618. CARDS ARE NOT ACCEPTED AT ATMS AND CANNOT BE USED TO OBTAIN CASH IN ANY PURCHASE TRANSACTION. You should not write or keep your PIN with the Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious.

f.              Obtaining Card Transaction Information

You may obtain information about the value of funds associated with the LITT Program at no charge by contacting Customer Service. A history of Card transactions may also be available by contacting Customer Service or by visiting our website or by accessing your LITT Mobile Application.

g.            Authorization Holds

You do not have the right to stop payment on any purchase transaction originated by use of the Card.  With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), the Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or incidental expenses.  Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment

amount of your purchase.  Once the final payment amount is received, the preauthorization amount on hold will be removed.  During this time, you will not have access to preauthorized amounts.  If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.

h.            Returns and Refunds

If you are entitled to a refund for any reason for Qualified Purchases made with the Card, the return and crediting of that Qualified Purchase will be handled by the merchant.  If the merchant credits the Card, the credit may not be immediately available.  While merchant credits post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction, and the refund may not be available for a number of days after the date the refund transaction occurs. Any returns or refunds credited to the Card will be transferred to the Corporate Sponsor, and you authorize us to do so.  Returns and refunds transferred to the Corporate Sponsor are subject to the terms and conditions provided by the Corporate Sponsor in connection with the LITT Program.

i.            Receipts

You may wish to retain receipts as a record of transactions.  You may need a receipt in order to verify a transaction with us or the merchant.

3.            REPLACEMENT CARD

If you need to replace the Card for any reason, please contact Customer Service. See the table above for applicable fees, if any.  Please note that there is an expiration date on the front of the Card. You cannot use the Card after the expiration date, and whether you may obtain a replacement Card is subject to the policy of the Corporate Sponsor.

4.            COMMUNICATIONS

You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.

5.            UNAUTHORIZED TRANSACTIONS

If you believe the Card has been lost or stolen or an unauthorized transaction has been made using the information from the Card without your permission, contact Customer Service IMMEDIATELY.  We will ask for the Card number and other identifying details.  We may not be able to assist you if you do not have the Card number.  We may not be able to assist you if you do not contact us within 60 days of the unauthorized transaction. Whether you may obtain a replacement Card or credit for the value of the unauthorized transaction is subject to the policy of the Corporate Sponsor.

6.            NO WARRANTIES AND LIMITATION OF LIABILITY

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services purchased with a Card or for the LITT Program provided by the Corporate Sponsor.  Further, we will not be liable: (1) If, through no fault of ours, you do not have enough funds available on the Card to complete a transaction; (2) If a merchant refuses to accept the Card; (3) If an electronic terminal where you are making a transaction does not operate properly; (4) If access to the Card has been blocked after you reported the Card lost or stolen; (5) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction; or (6) For any other exception stated in our Agreement with you.

7.            LEGAL NOTICES

a.             English Language Controls

Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning.  The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.

b.             Other Terms

You may not assign or transfer the Card or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any related to the Card. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not at all, for any reason does not waive our right to

begin charging the fee as set forth in this Agreement without notice).  If any provision of this Agreement is 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 will not be affected.  This Agreement will be governed by the law of the state of South Dakota except to the extent governed by federal law.

8.            PRIVACY

We may provide information to our employees, auditors, affiliates, service providers, or attorneys as needed, or to any third party if you give us your written permission. We may also collect: (1) Information about purchases made with the Card, such as date of purchase, amount and place of purchase; (2) Information you provide to us when you register a Card, or for replacement Cards, or when you contact us with customer service issues, such as name, address, phone number.

We may also disclose information about the Card or the transactions you make to third parties in order to: (1) complete transactions; (2) verify the existence and condition of the Card for a third party, such as merchant; (3) provide customer services; (4) process claims for lost or stolen Cards; (5) help protect against fraud and to conduct research and analysis; or (5) comply with government agency or court orders, or other legal reporting requirements.

9.            JURY TRIAL WAIVER AND ARBITRATION

Because you have a limited right to use of these funds, any dispute regarding loss of funds should be handled with the Corporate Sponsor. However, to the extent you pursue action or claim against us, you agree to the following clauses.

a. Jury Trial Waiver: To the extent permitted by law, you and we knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this agreement.  This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section.

b. Arbitration Clause: You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card. You must send the opt out notice in writing to Pathward, N.A., Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108 (“Notice Address”). This Arbitration Clause governs any dispute arising under this Agreement, aside from the validity and coverage of this Arbitration Clause. Arbitrations will be conducted under the rules of the arbitration administrator, as chosen by us. Arbitration may be brought by you or us, and we will not demand arbitration if you bring an individual action in small claims court. In addition to the Jury Trial Waiver above, you also waive your rights to be a class member or bring suit in a class action or class arbitration. In order to commence an arbitration, the party bringing the dispute must send the notice and complaint in writing. You must send your notice to the Notice Address. After receiving notice, the other party has 30 days to attempt to resolve the issue before a suit or arbitration commences. We will pay all costs associated with administering an arbitration brought by you in good faith, if you cannot get a waiver and ask us to pay. Further, we will pay legal fees and costs if you win or as required by law or the arbitrator. This Arbitration Clause will stay in force if your Card is closed or we assign our rights under this Agreement. This Arbitration Clause and any rights to appeal or requests for information will be governed by the Federal Arbitration Act and the rules of the arbitrator.

 

LITT Prepaid Card is issued by Pathward, National Association, Member FDIC, pursuant to a license from Visa U.S.A. Inc.

© 2023 Pathward, National Association.