SORBET CARD PROGRAM AGREEMENT
Last Updated: January 6th, 2023
This Sorbet Card Program Agreement (“Card Agreement”) sets forth the terms and conditions governing your virtual Visa Prepaid Card (“Card”) issued by Stripe as part of the Sorbet Card Program (“Program”). This Card is provided to you as part of the Program sponsored by Sorbet (“Sorbet”).
In the Card Agreement, the words “you” and “your” mean the person who received the Card and/or the person who has been authorized to use the Card. “We,” “us,” “our,” “Issuer” or “Stripe” mean Stripe, the issuer of the card.
By accepting, activating and/or using the Card, you represent that you have read and understand and agree to this Card Agreement. The Card can be used on the Visa Network (“Payment Network”) to spend funds loaded into the account associated with your Card in which we account for the transactions, fees and other claims associated with your card (“Card Account”). You may use the Card to make a request to make a payment with a Card to a merchant for the purchase of goods and services (“Card Transaction”).
1. Registering for the Card Program. To participate in the Program, you must (a) accept and agree to this Card Agreement and the Sorbet Program Terms and Conditions, (b) register on the Sorbet website (“Website”) or in the Program's mobile app (the “App”); (c) be a U.S. citizen (or a legal resident with a U.S. tax ID number) of at least 18 years of age (or older if residing in a state where the majority age is older) (except if we provide you a written exception to this requirement); (d) provide us with a verifiable address (not a P.O. Box); and (e) provide all requested information, such as your name, date of birth, address, email address and social security number, and such other information as we may request from time to time (collectively, “User Information”). You represent and warrant that all information, including User Information, you provide us from time to time is truthful, accurate, current and complete. You agree to notify us promptly of changes to any User Information.
2. Communications. We and/or Sorbet may contact you from time to time regarding your Card. We may contact you in any manner we choose unless the law says that we cannot. For example, we may:
(1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit;
(2) contact you by using an automated dialing or similar device (“Autodialer”);
(3) contact you at your home and at your place of employment;
(4) contact you on your mobile telephone;
(5) contact you at any time, including weekends and holidays;
(6) contact you with any frequency;
(7) leave prerecorded and other messages on your answering machine/service and with others; and
(8) identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.
Our contacts with you about your Card are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using an Autodialer and can also leave prerecorded and other messages. We may do these things whether we contact you or you contact us.
If you ask us to discuss your Card with someone else, you must provide us with documents that we ask for and that are acceptable to us.
3. USA PATRIOT Act. To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify and record information that identifies each person who opens a Card Account. When you open a Card Account, we will ask for User Information, including, but not limited to, your name, address, date of birth, Social Security Number, phone number 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 identification documents. After your Card Account is opened, we may ask again to see a copy of your driver’s license or other identifying documents at any time if we deem it is necessary to verify your identity, address or transactions on your Card Account. If we ask for specific identifying documents, we will have the right to immediately close or suspend your Card Account if those specific documents are not provided. These measures are specifically designed to help us protect your identity and identify possible fraud on your Card Account.
CARD ACCOUNT TERMS
4. Activating the Card. You cannot use your Card to perform transactions until you have activated your Card. By activating your Card or participating in the Program in any way you represent that you have read, understand and agree to be bound by this Card Agreement. You may activate a Card by logging into [www.getsorbet.com]. To activate a Card, you will need to provide certain information so we can verify your identity.
5. Prepaid Card. This is a prepaid card usable wherever prepaid debit cards bearing the Visa brand on your Card are accepted in the United States subject to your available Card Account balance and other terms and conditions of this Card Agreement. This Card is not a gift card. This Card is not a device that accesses money in an individual checking and savings account. When you use your Card, you are redeeming the value on the Card and not making a withdrawal from a checking or savings account.
6. Card Usage Terms. You may only use the Card for valid and lawful purposes, and must not use Card for cash advances or withdrawals. We may cancel, revoke, repossess or restrict the use of Card at any time. We may decline to authorize or reverse charges, and we may suspend the Card, for any reason including violation of this Card Agreement, suspected fraud or other issues. We are not responsible for losses resulting from declined or reversed charges. Merchants accepting cards typically accept all Visa-branded Cards; however, we are not responsible and will have no liability if a merchant refuses to honor a Card or accept a Card Transaction. You may not use your Card for online gambling or illegal transactions.
7. Declined Card Transactions. We reserve the right to decline Card Transactions with prohibited merchants. When you use a Card (or Card number) to initiate a Card Transaction at a hotel, restaurant, gas station, rental car company or another merchant where the final charge is unknown at the time of authorization, a hold may be placed on the available funds in the Card Account for an amount equal to or in excess of the final Card Transaction amount. The funds subject to the hold will not be available to you for any other purpose until the hold is released.
8. Card Security. You are responsible for securing the Card, account numbers and Card security features (including the card verification value (“CVV”)).
9. Funding of the Card. The only funds available to be accessed through the Card are the funds as described in the Sorbet Program Terms and Conditions. You may not directly add funds to your Card Account by any other method. You cannot add funds to your Card Account by sending us any personal checks, cashier’s checks or money orders. We will return any checks and money orders unless your Card Account has a negative balance, in which case we may, in our sole discretion, apply the proceeds of the check or money order towards the negative balance of your Card Account and return the balance to you.
11. Foreign Transactions. The Card may not be used for transactions outside the United States.
12. Change in Terms. We may, to the extend permitted by applicable law, amend the terms and conditions of this Card Agreement (or add additional terms) at any time by posting the amended terms on the website, [insert Program website] and any such amended shall be effective upon such posting to the website. If the change is made for security purposes, we can implement such change immediately and without prior notice and before such change may be posted on the website. The most up to date Card Agreement may be found athttps://www.getsorbet.com/sorbet-card-agreement.
13. Card Account Holds. We may decline Card Transactions with prohibited merchants or place a hold on available funds in the Card Account for certain Card Transactions, or both. When a hold is placed on a Card Account, the funds subject to the hold will not be available to you until the hold is released.
14. Card Account Balance/Account Information. It is important to know the amount available in your Card Account before initiating a Card Transaction using the Card. You may obtain information about the amount of funds remaining on the Card Account online at [insert Program website] If you do not have sufficient funds available in your Card Account to cover the Card Transaction amount, the Card Transaction will be declined. If you do not have sufficient funds in your Card Account, you can request that the merchant charge a part of the purchase to your Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. You acknowledge and agree that the funds available to perform Card Transactions are limited to the available funds that have been added to your Card Account. You are not authorized to use any funds added to your Card Account in error. You agree not to engage in any Card Transaction that could create a negative balance in your Card Account.
15. Expiration Date. The expiration date of your Card will be sent to you when your Card is activated and is available with your Card information online at [insert Program website address]. If there is a positive balance of funds in your Card Account upon expiration of your Card and your Card Account is in good standing, we may issue you a new Card. We may also issue you a new Card when your Card expires even if you have no funds in your Card Account.
16. Errors or Questions About Your Card Account Transactions. Call Sorbet Customer Service at 732-289-7852, or email us at email@example.com as soon as you think an error has occurred involving your Card Account. We must hear from you no later than 60 days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic transaction history, or the date we sent the first written transaction history on which the error appeared. When you send notification of an error involving your Card Account, you will need to tell us: (a) your name and Card number; (b) why you believe there is an error and the dollar amount involved; and (c) approximately when the error took place. You agree to assist us in determining the facts relating to any possible unauthorized use or an error associated with your Card. We will review the information submitted in a commercially reasonable manner. If you need more information about our error resolution process, contact Sorbet Customer Service at firstname.lastname@example.org. If you have other questions about your Card Account Transactions, you may contact us online at www.getsorbet.com, by phone during our business days and times of operation – [generally Monday through Friday from 8am-9pm Eastern time, and Saturday and Sunday from 10am-6pm Eastern time, excluding federal holidays, at 732-289-7852, or by writing us at email@example.com.
17. Suspension and Termination. We reserve the right, in our sole discretion, to limit your use of the Card. We may refuse to issue a card or may suspend or terminate Card privileges with or without cause or notice, other than as required by applicable law. You may terminate this Card Agreement by notifying us at firstname.lastname@example.org. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Termination of your Card privileges will not otherwise affect your rights and obligations arising under this Card Agreement or the Program Terms and Conditions prior to termination. If your Card privileges are suspended or terminated through no fault of yours, you will receive a refund of any remaining balance on your Card to which you are entitled.
18. Entire Agreement. This Card Agreement constitutes the complete understanding of you and us with respect to the Card portion of the Program and supersedes all prior understandings, arrangements or agreements, whether written or oral, regarding the Card portion of the Program.
19. Cumulative Rights, Construction, Waiver. Our rights and remedies under this Card Agreement are cumulative, and we may enforce any of our rights or remedies under this Agreement, along with all other rights and remedies available to us at Law, in equity or under the rules of the Payment Network. No provision of this Card Agreement will be construed against us on the basis of Issuer being the drafter. Unless expressly stated otherwise, the use of the term “including” or “such as” is not to be interpreted as limiting the generality of the text preceding the term. No waiver by any party of any breach of any provision of this Card Agreement to be performed by a party will be construed as a waiver of any succeeding breach of the same or any other provision of this Card Agreement. We do not waive our rights by delaying or failing to exercise them at any time.
20. Severability. If one or more provisions of this Card Agreement (or the application thereof) is determined invalid, illegal or unenforceable in any respect in any jurisdiction, we will have the right either to continue this Card Agreement as severed or to terminate this Card Agreement in whole.
21. Assignment. We may transfer, sell or assign the Card Account, Card, this Card Agreement or any other rights or obligations under this Card Agreement without providing you notice. You may not transfer, sell or assign your Card Account, Card, this Card Agreement or any of your obligations under this Card Agreement to another person or entity without our prior written consent. Any assignment in violation of the foregoing will be null and void from the beginning.
22. Force Majeure. Neither you nor us will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures or equipment failures; labor strife, riots, war or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.
23. Additional Services. From time to time, we may offer you additional features or services that may be subject to additional or different terms of service. You may not use these additional services unless you agree to the applicable agreement or terms for those services. We may also provide you access to services identified as “beta” or pre-release services. You understand that these services are still in development, may contain bugs or errors, may be feature incomplete, may materially change prior to a full commercial launch, or may never be released commercially. We provide beta services AS IS, and without warranty of any kind, and your use of, or reliance on beta services is at your own risk.
24. Governing Law. This Card Agreement will be governed by and construed in accordance with the laws of the state of New York, consistent with the Federal Arbitration Act which alone governs Section 26, without giving effect to any internal principles of law that provide for the application of the law of another jurisdiction.
25. Limitation of Liability. Except as otherwise expressly provided in this Card Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer your Card, Card Account and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary or punitive damages arising out of or relating in any way to any Card, your Card Account, any products or services purchased using a Card or the Card Account, or this Card Agreement.
26. Arbitration and Waiver of Jury Trial Provision. For purposes of Section 26, “we,” “us” or “Issuer” is defined to include both Stripe and Sorbet.
(1) Disputes: For questions or complaints about this Card Agreement, you can contact us at email@example.com. If you have an issue with your Card or a dispute arises between you and us, you agree to contact us to try and resolve. If you are not able to resolve your dispute directly with us, either you or Issuer may elect to resolve any dispute by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or start or take part in a class action. In arbitration, an arbitrator resolves disputes, not a judge or jury. Arbitration procedures are simpler and more limited than in court. The Federal Arbitration Act (“FAA”) applies to this provision. You may reject this provision by mailing a signed rejection notice to us at 168 Main St. Goshen, NY 12409. You must send this notice within 30 calendar days of the date you sign this Card Agreement. Your notice must include your full name, address, e-mail address and telephone number.
(2) Covered Claims: We or you may arbitrate any Claims. A “Claim” is a claim, dispute or other disagreement between us and you. If we or you choose arbitration then you or we will not have the right to take that Claim to court or have a jury trial. Claims are subject to arbitration no matter what they are based on or what remedy they seek.
(3) Arbitration Limits: Claims filed in a small claims court are not subject to arbitration, if the dispute stays in small claims court. We will not start arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you make a Claim against us, we can choose to arbitrate. You may arbitrate Claims only on an individual basis. An arbitrator has no authority to arbitrate any Claim on a class basis. If a party chooses arbitration, neither you nor we may pursue a Claim as part of a class action or other representative action. An arbitration cannot combine the Claims of 2 or more persons.
(4) How Arbitration Works: The American Arbitration Association (“AAA”) shall conduct any arbitration according to this provision. The AAA arbitration rules in effect when the claim is filed apply (“AAA Rules”), except where those rules conflict with this provision. You can get copies of the AAA Rules at the AAA’s website (www.adr.org) or by calling 800-778-7879. Issuer or you may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. The arbitration hearing will be conducted in the county of your residence, in the county where this Card Agreement was signed, or in such other place as ordered by the arbitrator or required by law. You or Issuer may ask for arbitration at any time, except if a trial has begun or a final judgment entered. The arbitrator shall not apply any federal or state rules of civil procedure for discovery. The arbitrator shall apply the law consistent with the FAA and statute of limitations that may apply. The arbitrator may award damages or other relief allowed by law. Any award must be in writing. An award shall not have any bearing on any other person or dispute.
(5) Paying for Arbitration: We may advance a share of the arbitration fee for an arbitration of Claims of $3,000 or less if they are unrelated to debt collection at your request. Otherwise, arbitration fees will be distributed according to the applicable AAA Rules. If we win, we may recover our arbitration fees if the arbitrator decides your Claim was frivolous. All parties handle their own legal fees.
(6) Final Award: Any award by an arbitrator is final unless a party appeals it in writing to the AAA within 30 days of notice of the award. A panel of 3 arbitrators will decide any arbitration appeal. Fees for an appeal shall be paid according to the applicable AAA Rules. An award by a panel on appeal is final but a court can review it if the law allows. This provision shall survive the Card Agreement and the termination of your relationship with us for any reason. This provision may not be changed, ended or waived, except in a written provision between you and us.
27. Reporting Lost or Stolen Cards. To report a lost or stolen Card, contact :732-289-7852