By your first use of the 1 Stop Savings Card enhanced with FASTPAY (also called “Card” in this Agreement) or by signing an application for the Card, you (“you,” “your” or “Cardholder”) enter into the following Agreement with 1 Stop Food Stores/DMJ Corp, a MI Corporation with its office at 1477 S State, Davison, MI 48423 (“us,” “we” or “1 Stop”).
WHAT THE 1 STOP SAVINGS CARD WITH FASTPAY CAN DO
The 1 Stop Savings Card is not a credit card. It is a ACH Debit Card issued by 1 Stop. By using the 1 Stop Savings Card and Personal Identification Number (“PIN”) to make a purchase at 1 Stop, you authorize 1 Stop to electronically transfer funds out of your Checking Account (defined below). This transfer may occur instantaneously or it may be delayed for up to the time it normally takes a check to clear. Funds may be withdrawn from your account as soon as the same day you use the card. Your “Checking Account” is a checking account (demand deposit account) in your name at a financial institution as identified to 1 Stop. If your Checking Account information changes, you agree to update the informationin writing at any 1 Stop, going online to www.my1stopcard.com or by writing to Office Manager, 1 Stop, 1477 S State, Davison, MI 48423. If the Checking Account is closed, you agree to notify 1 Stop immediately in writing, or calling and you agree not to use the 1 Stop Savings Card. You agree to give us any updated information we may request from time to time. You authorize us to confirm and to check from time to time the information you provide, including contacting your employer and financial institution. Personal Identification Number. You will be sent a Personal Identification Number(PIN), which is necessary in order to use the 1 Stop Savings Card as a debit card. Cardholder agrees that the use of the PIN and the required physical presentation of the 1 Stop Savings Card is a commercially reasonable security procedure for verifying the authenticity of a funds transfer request issued in the name of Cardholder. You are responsible for protecting the PIN and the 1 Stop Savings Card. Do not disclose the PIN to anyone, including any employee of 1 Stop, another merchant, 1 Stop’s agent for processing Card transactions through the Card Network. If you write or record your PIN, be sure to keep it in a safe place and not on the 1 Stop Savings Card. Your 1 Stop Savings Card is for your use only. Do not give it or your PIN to anyone else.
RETURNED ITEMS AND FEES
You agree to maintain sufficient cleared funds in the Checking Account to cover (1) that you offer for payment at 1 Stop using the 1 Stop Savings Card as an authorization card and (2) the amount of all purchases you make at 1 Stop with the 1 Stop Savings Card as a debit card. If at any time you lack sufficient funds in your Checking Account to cover such 1 Stop Savings Card transactions, you agree to pay and are liable for the amount of the purchase and agree to deposit funds immediately to your Checking Account to cover any overdraft. The creation of an overdraft may result in suspension or cancellation of the 1 Stop Savings Card. 1 Stop will electronically reprocess all transactions to your Checking Account at its discretion. You authorize ACH processing company to collect a fee of $35.00 through an electronic fund transfer from your account if your payment is returned unpaid. These fees do not include any fees your financial institution may charge in connection with the Over draft. To the fullest extent permitted by law, you agree to pay reasonable expenses (including attorney’s fees and court costs) that we may incur in collecting any amount owed by you under this Agreement, in retrieving the 1 Stop Savings Card or in enforcing our rights under this Agreement (whether or not a lawsuit is filed). Business days. For purposes of this Agreement, our business days are Monday through Friday. Holidays are not included. These “business days” are fewer than the days that 1 Stop markets are open for business.Limitations on dollar amounts—(i) During the five-day period starting with your first use of your 1 Stop Savings Card the total dollar amount of all transactions you make using the Card as a debit card may not exceed $150.00 per day. (iI) The dollar amount of purchases you can make and cash back you can receive using your 1 Stop Savings Card either as a debit card or to authorize payment by check is always limited to the funds you have in your Checking Account at the time you make the purchase or receive the cash.Fees – There is NO fee or charge of any kind to use the 1 Stop Savings Card either as a debit card or as an authorization card. Confidentiality. We will disclose information to third parties about your account or the transactions you make:(i) Where it is necessary for completing transactions, or (ii) To the extent required by law, in order to comply with subpoenas, or government agency or court orders or (iii) If you give us your written permission. Documentation. You can get a receipt at the time you use the 1 Stop Savings Card as a debit card to make a purchase. Tell us AT ONCE if you believe your 1 Stop Savings Card and/or PIN have been lost or stolen, or if you believe that a transaction or funds transfer has been made without your permission using the Card or information from the Card. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Checking Account (plus your maximum overdraft line of credit). Also, if the statement issued by your bank or other financial institution shows transactions by 1 Stop Savings Card that you did not make, tell us at once. If you do not tell us within 20 days after the statement was mailed to you. We will do our best to help you recover funds. Contact in event of unauthorized transaction. If you believe your 1 Stop Savings Card and/or PIN have been lost or stolen, immediately call 810-653-9855 or write Office Manager, 1 Stop, 1477 S State, Davison, MI 48423. You should also call the number or write to the address listed above if you believe a transaction has been made using the 1 Stop Savings Card or information from the Card without your permission. We will not be liable, for instance: (1) If, through no fault of ours, you do not have enough money in your Checking Account to make the transaction. (2) If the 1 Stop Savings Card automated system was not working properly and you knew about the breakdown when you started the transaction. (3) If circumstances beyond our control (such as power outage, fire or flood) prevent the transfer, despite reasonable precautions that we have taken.(4) To the extent permitted by law, 1 Stop is not responsible for automated systems failure. [If Cardholder is not a natural person (e.g., if it is a partnership or corporation), the preceding two sections regarding “Our Liability for Errors” and “Your Liability in Case of Unauthorized Transactions” do not apply. To the fullest extent permitted by law, Cardholder agrees not to hold 1 Stop liable for any responsibility beyond the duty to exercise ordinary care and Cardholder agrees that 1 Stop shall be conclusively deemed to have exercised ordinary care if 1 Stop has followed the procedures stated in this Agreement or if Cardholder has violated such procedures.] Your Right to Stop Payment. You may NOT stop payment on any transaction made with the 1 Stop Savings Card. Error Resolution. ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR 1 STOP SAVINGS CARD MUST BE DIRECTED TO US, 1 STOP, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for the 1 Stop Savings Card service and for resolving any errors in transactions made with your 1 Stop Savings Card. We will not send you a periodic statement listing transactions that you make using your 1 Stop Savings Card. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR 1 STOP SAVINGS CARD, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call 810-653-9855 or write to our main office address listed above. We must hear from you no later than 20 days after you receive the FIRST statement on which the problem or error appeared. If delay because you initially notified the financial institution holding your Checking Account kept you from telling us within the 20 days, we will extend the time period. (1) Tell us your name and 1 Stop Savings Card number. (2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. (3) Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 90 days to investigate your complaint or question. If we decide to do this, we will credit your Checking Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you claim a credit or refund because of forgery, alteration, or any other unauthorized transaction, you agree to cooperate with 1 Stop and its agents completely, including, but not limited to preparing an affidavit outlining the circumstances of your claim, and providing any other reasonable information. You agree to notify local law enforcement of any alleged criminal act related to use of the 1 Stop Savings Card. Revocation and return of 1 Stop Savings Card The 1 Stop Savings Card Is the property of 1 Stop and its use may be revoked by 1 Stop at any time without notice. If the card is revoked, you must pay all overdrafts and other amounts you may owe us. The card (cut through the magnetic strip) must be returned to us immediately upon our request. Revoking the Card and ending this Agreement does not affect your obligations for transactions made with your Card, even if the transactions are completed after the ending date. The Card will be revoked immediately and without notice if the Checking Account is closed and you have not provided us with information regarding another Checking Account.
ADDITIONAL AGREEMENTS
1. In the event that any court of competent jurisdiction declares invalid any provision of this Agreement, such invalidity shall not affect any of the other provision hereof, which shall remain valid and binding and in full force and effect and to that end the provisions of this Agreement shall be considered severable. 2. This Agreement shall be governed by the laws of the State of Michigan. 3. You may not sub-license or transfer this Agreement or any of the rights or obligations contained in it. 4. The headings in this agreement are for convenience only and do not constitute part of the Agreement. 5. This Agreement is the complete and exclusive statement of the Agreement between you and 1 Stop with respect to 1 Stop Savings Card. No other oral or written statements made by you or by any employee or representative of 1 Stop, another merchant or DCI can vary the terms of this Agreement. 6. 1 Stop reserves the right to change the terms of this agreement at any time by posting the changes in each store location for your review unless other notification is required by law.
The 1 Stop Savings Card may be terminated by 1 Stop at any time without notice.