Terms & Conditions
Esteem Pass™ Cardholder Agreement
Important! Please Read Carefully:
Please read this Cardholder Agreement (this “Agreement”) carefully and save it for future reference. This Agreement constitutes the agreement outlining the terms and conditions under which the Esteem Pass™ card (the “Card”) has been issued to you. The Card is issued by First California Bank pursuant to a license by Discover® Network. In this Agreement, “You” and “Your” means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement (also known as a “Cardholder”). “We”, “Us” and “Our” refer to First California Bank, our successors, affiliates and assignees. By accepting and using, or authorizing any other person to use, your Card, you hereby agree to be bound by the terms and conditions contained in this Agreement and are responsible for all transactions involving the Card.
Palm Desert National Bank is a member of the Federal Deposit Insurance Corporation (“FDIC”) and all cardholders funds are insured by the FDIC in accordance with the FDIC’s applicable terms and conditions.
The Card is a prepaid card loaded with a specific amount of funds, redeemable as described below. The Card is NOT a credit card, charge card or debit card.”
Using Your Card. Your Card may be used to make purchases from those merchants listed on the Network Information schedule enclosed with the Card or as updated at www.MyPassInfo.com from time to time. The Card may not be refunded or exchanged for cash or credit. At the time of each purchase using the Card, you will be asked to sign a receipt for the transaction. We recommend that you sign the back of your Card upon reception of the Card for identification purposes. The dollar amount of each purchase for which you use the Card will be deducted from the value of the Card. If the purchase amount is greater than the amount available on the Card, the transaction will be declined; however, you may be able to pay for the difference with cash, check or credit card, subject to the policy of the merchant. Once the balance on the Card has reached zero, all transactions will be declined.
Certain merchants, such as restaurants, car rental agencies, gas stations, hotels and other merchants, may obtain an authorization amount that exceeds the actual amount of your purchase. If the amount of the authorization exceeds the value remaining on your Card, the transaction may not be honored even if the value on your Card is sufficient to cover the actual amount of the purchase.
No Interest on Your Balance. You will not receive any interest on your Card balance.
Fees. No fees are charged upon the activation and usage of your Card. The following Card fees, however, may apply and will be deducted from the balance available on your Card. All fees are subject to applicable law; where fees are prohibited by law, no fees shall be assessed against you.
- Inactivity Fee. Starting on the thirteenth month (13) with no card activity, we shall assess a $1.00 per month inactivity fee.
- Lost or Stolen Card Fee. A $5.95 fee plus shipping will be charged to replace any lost or stolen Card, We may not be able to replace your card if it has not been registered. See “Registration, Username and Password” for more information regarding Card replacement.
- Expired Card Fee. A $5.95 fee plus shipping will be charged to replace an expired Card.
- Foreign Currency Exchange Rate and Fee. The Card is intended for use in the United States. If a transaction is made in a currency other than U.S. dollars, the purchase will be converted to U.S. dollars by Discover Network, according to an exchange rate selected by Discover Network from a range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Discover Network itself receives, or the government-mandated rate in effect for the applicable central processing date. You agree to pay the converted amount plus a currency conversion fee based on the amount of the transaction.
Customer Service/Balance Inquiries. To check the available balance on your Card, review recent transactions or obtain other customer service at no charge, you may visit www.MyPassInfo.com, or call us at 1-888-453-8820, anytime, 24 hours a day, seven days a week. We do not warrant that the customer service channels are available and error free every minute of the day. We are not responsible for temporary interruptions in service due to maintenance, website changes or failures. We will not bear liability for any damage or interruptions caused by computer viruses that may affect your computer or other equipment.
“Valid Thru” Date. The Card plastic is valid through the expiration date shown on the front of the Card or until the funds on the Card reach $0, except where prohibited or modified by applicable law. You may not use the Card after the “valid thru” date. The available funds on the Card will not expire, but may be reduced by maintenance fees. If there is a remaining balance after the expiration date, you can call 1-888-453-8820 to request that a new Card be issued as allowed in accordance with applicable law. The new Card will have a value equal to the remaining balance of the expired Card minus an Expired Card Fee in the amount shown above in the section captioned “Fees” plus shipping.
Registration, User Name and Password. You are entitled to register your Card through the registration website established for the Card at www.MyPassInfo.com. Registration will allow you to disable your card in the event of a lost or stolen card, thereby protecting you from transactions that may incur after your reported loss. You must provide your name, address and date of birth during your registration. At the time of registration, you will choose a confidential User Name and Password, which will enable you to identify yourself as a Cardholder when monitoring your account balance on-line. Registering your Card ensures we can issue a replacement Card in the event it is lost or stolen. We may also be able to replace your Card if it was issued in your name. Anonymous Cards, which are not registered, cannot be replaced and should be treated like cash.
Returned or Exchanged Merchandise. We are not responsible for the services or merchandise purchased with the Card or any damages resulting directly or indirectly from the use of the Card. If you have a problem with merchandise or services purchased with your Card, that problem needs to be addressed and resolved directly with the merchant. Exchanges and returns will be governed by the policies of the merchants and applicable law.
Periodic Card Statements. Registered cardholders may access their Card transaction statements electronically at www.MyPassInfo.com.
Liability for Unauthorized Transactions. The Card can be replaced if it is lost or stolen, with certain restrictions. You shall notify us immediately at the toll-free number provided above under the section entitled “Customer Service/Balance Inquiries” if you believe that your Card has been lost or stolen. You will be required to provide to us your name, the Card number, the original value and your transaction history. If you have registered your Card, we can disable it from further use. We reserve the right to require an affidavit and conduct an investigation into the validity of any request for a replacement. You will not be liable for transactions sufficiently identified as unauthorized. A replacement Card may take up to 14 days to process and will be subject to the fee set forth above. The replacement card will be sent to the registered address if the Card had been registered or to the address where the original Card had been mailed in the case it had not been registered.
Our Liability for Failure to Complete Transactions. If we do not properly complete a Card transaction for you on time and in the correct amount, we could be liable for your losses or damages. However, there are some exceptions.
- If through no fault of our own, you do not have adequate funds on your Card to complete the transaction;
- If an electronic terminal where you are making a transaction does not operate properly;
- If circumstances beyond our control (such as fire, flood or communications or computer failure) prevent the completion of the transaction, despite our reasonable efforts;
- If access to your account has been disabled after you have reported your Card lost or stolen;
- If a merchant refuses to accept your card:
- If there is a hold on your account for any reason;
- If your funds are subject to legal process or other encumbrance restricting their transfer;
- If your transfer authorization terminates by operation of law; or
- If there are other exceptions provided by law.
There may be other applicable exceptions not listed above, but stated elsewhere in other agreements between you and us.
Error Resolution. If you become aware of and/or your statement shows transactions that you did not make, notify us immediately at the toll-free number provided above under the section titled “Customer Service/Balance Inquiries.” We must hear from you no later than sixty (60) days after we sent you the first statement on which the problem or error appeared. When you notify us:
- Tell us your name and Card number.
- Describe the error or questionable transaction and explain as clearly as possible why you believe that it is so.
- Tell us the dollar amount of the suspected error and where and when the transaction took place. If you tell us via telephone, we may require that you send us your complaint or question in writing within ten (10) business days.
- Generally, we will tell you the results of the investigation within ten (10) business days after hearing from you and will correct any error promptly. If we need more time, however, it may take up to forty-five (45) days to investigate your complaint or question.
Disclosure of Information to Third Parties. We may disclose information to third parties about your Card transaction history:
- Where it is necessary for completing transactions;
- In order to verify the existence and conditions of your Card and Funds for a third party, such as a credit bureau or merchant;
- In order to utilize services of third parties and affiliate entities who assist us in providing the Card and related services;
- In order to comply with government agency or court orders, or other legal reporting requirements;
- To protect against potential fraud and other crimes
- If you give us your written permission; or
- When otherwise permitted by law.
Other information you have given us in connection with your transaction history may also be shared within our organization.
Amendment, Cancellation or Revocation. We may amend or change the terms of this Agreement at any time and from time to time. We will notify you thirty (30) days prior to the effective date of any such changes. If we are unable to contact you for any reason, we will post the changes on our web site at the address provided above under the section entitled “Customer Service/Balance Inquiries.” You will be deemed to have proper notice thirty (30) days after the changes are posted. We encourage you to review the web site regularly to monitor changes in the terms of this Agreement. Please note that if a change is made for security or regulatory reasons, we can implement it without your prior notice. We may cancel or suspend your Card or this Agreement at any time without cause or notice. Any remaining balance will be sent to you by check.
Governing Law. This agreement shall be governed by, and construed in accordance with, the laws of the State of California and any actions or preceding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of California.
Other Terms. In the event that any provision of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the other provisions of this Agreement. Your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. We do not waive our rights by any delay or failure to exercise them at any time.
Discover and the Discover acceptance mark are service marks used by First California Bank under license from Discover Financial Services. Participating merchants are not affiliated with the program, the program sponsor, or the program administrator, nor are they sponsors or co-sponsors of the program. All merchant names, logos, trademarks or other marks herein are used with permission. The registered owners of the names, logos, trademarks or other marks retain all rights therein. Merchants may have additional terms and conditions, which may be found on the gift card, merchant’s website, or in merchant’s retail stores. Participating merchants are subject to change without notice.
Esteem Pass™ is part of a program covered by and licensed under U.S. Patent Nos. 5,689,100 and 5,956,695.
La versiòn en español del contrato del titular de la tarjeta se encuentra disponible en www.MyPassInfo.com.
Did You Know?
Merchants cannot tell the value on your Reward Card.
It is very important to know your balance on your Reward Card and tell the cashier the balance on your Reward Card at time of purchase.
Reward Card Tip
If your transaction is greater than the amount on your Reward Card, ask the cashier to swipe for the exact value on your Reward Card and pay the difference with a second form of payment.