These Card Noir Pre-Paid Card Terms and Conditions ("Terms and Conditions") set forth the terms and conditions under which you may use the Card Noir Card to obtain cash goods, and services through automated-teller-machine ("ATM") and point-of-sale ("POS") transactions. The Card Noir Card is issued to you by Hallmark Trust, via Card Noir Ltd (also referred to in these Terms and Conditions as the "Bank," "we," or "us"). In these terms and conditions, the words "you" and "your" refer to the person to whom the Card Noir Card is issued and any other person you've authorized to use the Card Noir Card. The Card Noir Card will be issued to you upon completion of your application and our acceptance for the Card Noir Card. You must sign the Card Noir Card before using it. By receiving and using the Card Noir Card, you agree with us that you, the Card Noir Card, and the money or funds stored on the Card Noir Card, are subject to these Terms and Conditions.
The Card Noir Card is only offered to individuals over the age of 18 who can lawfully enter into and form contracts under applicable law; by applying for or using the Card Noir Card, you represent and warrant to the Bank that you are such an individual. We may at our sole discretion refuse to issue the Card Noir Card to anyone for any reason.
Your Card Noir Pre-paid Card and Loading Value on the Card
The Card Noir Card is a prepaid stored value Card and is an access device for funds on the card account.
You may only access the funds in this stored-value account with your Card Noir Card in accordance with these Terms and Conditions. You may not make any deposit, withdrawal, or any other transaction with the Card Noir Card or the account, except for the Card Noir Card transactions described in these Terms and Conditions.
Once the funds are loaded onto the Card Noir Card, the funds belong to you, and you may use the Card Noir Card for the types of transactions described in these Terms and Conditions.
The Bank does not pay any interest on the funds in the Card Noir Card account. The Card Noir Card has a $10.00 minimum balance requirement.
The amount of funds shown on the Bank's records, and as stored on the Card Noir Card, will determine the balance on the Card Noir Card, unless you can support a dispute to our satisfaction.
You hereby authorize us to deduct any applicable fees, as set forth and defined in these Terms and Conditions for your Card Noir Card. There is no credit line associated with your Card Noir Card. This means that you must have a sufficient balance of funds on the Card Noir Card at the time of a transaction to pay for the transaction. If a merchant or an ATM operator attempts to submit a transaction on the Card Noir Card for an amount that is greater than the current balance on your Card Noir Card, the transaction may not be approved by the Bank. In the event that the Bank, in its sole discretion, settles or pays a transaction with your Card Noir Card when there are insufficient funds stored on the Card Noir Card to pay for the transaction, this will result in an overdraft on your Card Noir Card. You agree to pay the Bank the amount of the overdraft and any related fee. We may deduct the overdraft amount and related fee from your Card Noir Card.
Consent and Use of Personal Data
By your acceptance and use of the Card, and your provision to us of your Personal Data, you hereby consent to and approve of the collection of your Personal Data and its storage and its use for identity verification. You acknowledge the need for us to monitor the use of services in order to offer you needed services, and you hereby consent to and approve of the use of your Personal Data for this purpose.
Funds Availability
Funds deposited in the Bank for credit to your Card Noir Card are available when the bank receives the deposit.
Your Personal Identification Number/Signature on the Card Noir Card
To protect the use of your Card Noir Card for ATM transactions, a personal identification number ("PIN") will be required to conduct a transaction with your Card Noir Card at ATMs. This PIN will be provided to you at or around the time your Card Noir Card is issued. You should not disclose your PIN to anyone. If the security or confidentiality of your PIN is compromised, you should notify the us at once. You are liable for any transactions made by a person you authorize or permit to use your Card Noir Card and/or PIN. If you permit someone else to use your Card Noir Card, we will treat this as if you have authorized this person to use your Card Noir Card and you will be responsible for any transactions initiated by such person with your Card Noir Card or Card Noir Card number.
There is a panel on the back of the Card Noir Card for your signature. You should sign this panel as soon as you receive your Card Noir Card because it helps protect your Card Noir Card from unauthorized use. However, your responsibility for Card Noir Card transactions, as described in these Terms and Conditions, does not depend on whether you sign your Card Noir Card.
Card Noir Ltd
Card Noir Ltd may retain the right to deduct funds stored on the Card Noir Card to correct a previous error or overpayment to you or for other legal reasons. You hereby authorize the Bank to accept instructions from Card Noir Ltd to add or deduct funds from your Card Noir Card account, or in the case of a deduction to return those funds.. If you have a dispute with Card Noir Ltd about the amount of your proceeds, or the amount that is loaded onto or deducted from the Card Noir Card account, you agree to not involve the Bank in the dispute and to resolve the dispute solely with Card Noir Ltd and it's customer service affiliates.
Transactions with Your Card Noir Card
Your Card Noir Card may be used to access the funds stored in your Card Noir Card Account. Provided that funds are available in your Card Noir Card account, you may use your Card to perform the following types of transactions in accordance with these Terms and Conditions: At any ATM displaying the VISA logo, you may use your Card Noir Card (subject to the transaction limits specified in these Terms and Conditions) to (I) make withdrawals of cash up to the amount of funds in your Card Noir Card account, or to obtain Card Noir Card account balance information. The Card Noir Card can only be used at ATMs displaying the appropriate network identification.
At any merchant location displaying the VISA logos, you may use your Card Noir Card (subject to the transaction limits specified in these Terms and Conditions) to purchase goods and services (and obtain cash) up to the amount of funds in your Card Noir Card account.
Daily Transaction Limits
The following daily withdrawal and purchasing limits will apply to your use of your Card Noir Card: $5,000.00 withdrawal limit per day, five transactions per day at any ATM that accepts Visa Cards.
$5,000.00 purchase limit per day at any merchant that accepts Visa Cards.
Foreign-Currency Transactions
If you make a transaction in currency other than US dollars Visa (the network) will convert the debit or credit into a US dollar amount. The conversion rate will be determined using the network currency-conversion procedures then in effect. The conversion rate on the processing date may differ from the rate on the date of your transaction. Currently, the network uses a currency conversion rate of either a wholesale market rate or a government-mandated rate, increased by all adjustment factor determined by it. In each case, the network uses the rate in effect one day before the conversion date. We will post the converted U.S.-dollar amount determined by the network, as described above, to your Card Noir Card account.
Documentation of Card Noir Card Transactions
You will receive the following documentation with your Card Noir Card transactions:
At the time you make a Card Noir Card ATM transaction or merchant POS transaction, you will obtain a receipt for the transaction.
You can determine the balance of funds available in your Card Noir Card account (I) at any ATM displaying the Visa logos, (ii) by calling us, or (iii) via the Internet at www.cartenoir.com You also can call us to find out whether other proceeds have been deposited into your Card Noir Card account.
Disputes with Merchants
If you use your Card Noir Card at a merchant and a dispute with the merchant arises, you agree to make a good-faith effort to settle the dispute with the merchant. Any unresolved dispute may be sent to us in writing for assistance in settlement. Except as expressly provided for preauthorized payments in these Terms and Conditions, you cannot stop payment to merchants for transactions made with your Card Noir Card.
Your Card-Use Liability
Contact us IMMEDIATELY if you believe your Card Noir Card has been lost or stolen. You could lose all the money stored on your Card Noir Card. If your Card Noir Card is used in connection with an unauthorized transaction that was processed through the Visa Network.
Bank Liability
We will not be liable:
If, through no fault of ours, you do not have enough money in your Card Noir Card account to make the transaction.
If the ATM where you are making the Card Noir Card transaction does not have enough cash.
If the terminal or system was not working properly and you knew about the breakdown when you started the Card Noir Card transaction.
If we are prohibited by law from completing the transaction.
If circumstances beyond our control (such as fire or flood or other Force Majeure) prevent the Card Noir Card transaction, despite reasonable precautions that we have taken.
Disclaimer of Liability
In providing the Card Noir Card and related services to you, the Bank and Card Noir Ltd disclaims any duty or responsibility other than those expressly set forth in these Terms and Conditions.
Bank Right of Set-Off
You agree that the Bank and us are authorized at any time to set-off the funds deposited into your Card Noir Card account against your debts or liabilities owed to the Bank. The Bank and us may exercise this right of set-off without notice to you.
Termination
The Card Noir Card shall remain the property of the Bank, and you agree upon demand to return your Card Noir Card to the Bank. At any time and without prior notice we may revoke or cancel your Card Noir Card and thereby terminate these Terms and Conditions and demand return of your Card Noir Card. You may terminate these Terms and Conditions at any time by returning your Card Noir Card to us. Termination whether by you or by us, shall not affect prior transactions or obligations relating to your Card Noir Card existing at the time of termination. Upon termination, we will arrange to transfer any remaining funds stored on the Card Noir Card to you.
Amendment
We may amend these Terms and Conditions by delivering notice of the amendment to you in the manner agreed to, or to your last electronic address as shown on our record. You will be given at least 21 days' notice prior to the effective date of any amendment that results in an increased fee or charge, an increase in your liability, a reduction in services offered by us, or stricter limitations on transaction or withdrawal rights.
Assignment
You may nor transfer or assign these Terms and Conditions to any other person without our prior written consent. We may assign our obligations to you under these Terms and Conditions without your consent or any prior notice.
Severability/No Waiver
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our rights to subsequently enforce such provision or any other provisions of these Terms and Conditions.
Governing Law
These Terms and Conditions, the Card Noir Card, and all transactions hereunder are subject to the laws of the Turks and Caicos Islands.
Communication and Notice of Errors
Any electronic communication will take place according to the provisions of this section. The term "electronic communication" means any communication of instructions by telephone, wire or other method of telecommunication or electronic transmission, including a facsimile transmission or personal computer.
We will consider any electronic communication apparently received from you or in your name to be duly authorized by you. You authorize Card Noir Ltd and the Bank to rely and act on any such communication. If the communication is by facsimile transmission, we will be entitled to act upon any signature purporting to be your signature. If Card Noir Ltd or the Bank tries to verify your signature on a facsimile transmission or the validity of any instructions electronically communicated and is unable to do so to its satisfaction, we may delay in acting on or refuse to act on such instructions.
In case of errors or questions about your Card Noir Card transactions, telephone us at +1 (305) 560-5395, or email us at support@cartenoir.com. If you think your statement or receipt is wrong, or if you need more information about a Card Noir Card transaction listed on the statement or receipt, notify us as soon as possible. We must hear from you no later than 45 days after problem or error appeared.
Electronic consent
By using the Card Noir Card or depositing funds to the Card Noir Card, you are agreeing to these Terms and Conditions. Your use of the Card Noir Card is also your acknowledgment that you have received a copy of these Terms and Conditions in either paper or electronic form and that you have read, understand and acknowledge this agreement.
Disclaimer
You agree to indemnify and hold the Bank, the Processor and Card Noir Ltd and its subsidiaries affiliates, officers, agents and other partners and employees harmless from any claim or demand including reasonable legal fees, made by you or any third party due to or arising from misuse of your Card Noir Card, violation of any of these terms and conditions or other illegal or fraudulent card activity.