Sorbet Card Terms & Conditions
Last Updated: August 14, 2020
Pursuant to your application to activate your SORBET card for the purposes of paying for activities during your Paid Time off Breaks (“Request”), Shift Time Inc. (“SORBET”, "we" or "us") is happy to provide you with a virtual prepaid card (the“card”) under the following terms and conditions that apply to your SORBET Card. By buying, loading, or using your SORBET Card, you agree to these terms.
This Agreement includes an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision will:
Eliminate your right to a trial by jury; and
Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your SORBET Card by electronic means, including posting such materials on our Website.
About Your Account
We issue the SORBET Card to you. The dollar value loaded onto your SORBET Card is a prepayment for the goods and services of our third party Providers. We offer the SORBET Card to make it easier for us to provide you with the best offers, rewards and discounts. Unless otherwise required by law or permitted by this Agreement, the dollar value on your SORBET Card is nonrefundable and may not be redeemed for cash. The value on your SORBET Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest. SORBET Cards are not targeted towards, nor intended for use by, anyone under the age of 18.
From time to time, we may in our sole discretion, run promotional programs associated with the SORBET Card program ("Promotions"). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
Fees and Expiration of Card Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your SORBET Card. Your SORBET Card has no expiration date nor does the value on your SORBET Card ever expire.
You can check the balance of your SORBET Card or review recent Transactions on your SORBET Card our Website. Please check your online Transaction history regularly to ensure that your Transaction history and account balance are correct. We will not send you statements of activity on your SORBET Card.
Billing Errors, Corrections
We will correct the balance of your SORBET Card if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your SORBET Card, please contact us at: firstname.lastname@example.org. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
Fraud Associated with Your SORBET Card or Card Balance
We will not accept any SORBET Card, or will limit use of any SORBET Card or SORBET Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Consequently, SORBET has no liability to you for any third-party fraud or unlawful activity associated with any SORBET Card balance. If SORBET discovers any SORBET Card or SORBET Card balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted SORBET Cards and retain all related SORBET Card balances without notice to you. We may use retained SORBET Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load SORBET Cards.
Registration, Liability for Unauthorized Transactions
To activate your SORBET Card, go to our Website, click "activate my card" and complete the online form. When activating a SORBET Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your SORBET Card. If you believe your SORBET Card has been disabled in error, please contact us at email@example.com. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your SORBET Card information. You may only maintain one (1) such card at any time.
You should treat your SORBET Card like cash and not disclose your SORBET Card information to anyone. If your SORBET Card or SORBET Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your SORBET Card, including unauthorized transactions. However, if your SORBET Card is lost, stolen or destroyed, your SORBET Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us.
If your SORBET Card becomes lost, stolen, or damaged, report it as soon as possible to firstname.lastname@example.org. Your registered SORBET Card balance is protected from the time you notify us. We will freeze the remaining balance on your SORBET Card at the time you notify us and will load that remaining balance on a replacement SORBET Card.
Issuer card term
SORBET cards are issued by Stripe Inc. Please make sure you read the general terms and restrictions of issuance here: https://stripe.com/issuing/commercial-card/legal#card-terms
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website, and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing SORBET Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your SORBET Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your SORBET Cards and refund any remaining balance to you.
Cancellation of This Agreement
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the SORBET Card including your failure to provide valid information. If we terminate this Agreement without cause, we will refund the balance on your cancelled SORBET Card, less any amounts that you may owe us.
Arbitration and Waiver
If you intend to seek arbitration, you must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be sent to email@example.com. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration. All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Claims is to be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Unless you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims that you assert against Company in accordance with this section (but not for any arbitration claim against you), Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay in order to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its—and you will pay your—lawyers’, experts’, and witness’ fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND COMPANY FOR ANY AND ALL DISPUTES YOU OR THE COMPANY HAS RELATING—IN ANY WAY—TO THE SERVICES OR YOUR RELATIONSHIP WITH THE COMPANY.
Governing Law – Delaware
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware not with standing any conflict of law rules.
Disclaimers and Limits of Liability
SORBET and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the SORBET Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. SORBET does not represent or warrant that your SORBET Cards will always be accessible or accepted.
In the event that SORBET or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your SORBET Card. SORBET and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall SORBET or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a SORBET Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.
Entire Agreement, Construction