Terms and Conditions for Reward Funds Accessible with S3™ Cards
The following Terms and Conditions for Reward Funds Accessible with S3™ Cards (“Agreement”) describe the terms and conditions that apply to your use of S3™ cards or barcodes with access to S3™ reward funds (each a “Card”) provided by John Hancock Life Insurance Company (U.S.A.) and John Hancock Life Insurance Company of New York (collectively, the “Program Sponsor”). This Agreement is between you (the “Cardholder,” “you,” “your”) and Solutran, Inc. (“Program Servicer,” “we,” “us,” “our”). By accepting or using your Card, you agree to be bound by this Agreement, including any future amendments to the Agreement. If you do not agree with this Agreement, you may not use or accept a Card.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A BINDING ARBITRATION PROVISION AND WAIVER OF JURY TRIAL AND CLASS ACTIONS FOR DISPUTES ARISING OUT OF YOUR USE OF A CARD.
You agree that the fees listed below may be withdrawn directly from the funds accessible with your Card, including from subsequent amounts that may be loaded by your Program Sponsor. We reserve the right to change these fees in accordance with the terms of this Agreement. All dollar amounts stated in this Agreement are in U.S. Dollars (“USD”) unless expressly stated otherwise.
DORMANCY FEE ------------------------------------------------- $2.50*
CARD REPLACEMENT FEE ------------------------------------- $4.00**
INTERACTIVE VOICE RESPONSE (“IVR”) FEE --------------- $0.50***
* If there is twelve consecutive months of Card inactivity your account will be deemed to be dormant. A $2.50 dormancy fee will be assessed to the reward funds accessible with your Card each month your account is dormant as long as there are reward funds accessible with the Card. This dormancy fee will only be assessed to your Card (i) after the Healthy Savings program in which you received the reward funds is terminated by your Program Sponsor or (ii) after you are no longer a member of the John Hancock Vitality program through which the Program Sponsor provided access to the reward funds. If you resume using your Card to make purchases at qualified Merchants, this dormancy fee will resume only after another twelve months of inactivity. If the reward funds accessible with your Card total less than the $2.50 fee available, we will debit the remaining available balance of the Card and your Card will be terminated.
** A Card replacement fee of $4.00 will be assessed to the reward funds accessible with your Card if you request a replacement Card (including for Cards that are lost or stolen). This Card replacement fee will only be assessed to your Card if the request is made (i) after the Healthy Savings program in which you received the reward funds is terminated by your Program Sponsor or (ii) after you are no longer a member of the John Hancock Vitality program through which the Program Sponsor provided access to the reward funds or (iii) your Program Sponsor elects to not cover the cost of the replacement fee while the John Hancock Vitality program in which you received the reward funds is still operating and you are still a member of the program.
*** An IVR fee of $0.50 will be assessed to the reward funds accessible with your Card for each call you place to the Program Servicer's IVR system. This IVR fee will only be assessed to your Card if the call is made (i) after the Healthy Savings program in which you received the reward funds is terminated by your Program Sponsor or (ii) after you are no longer a member of the John Hancock Vitality program through which the Program Sponsor provided access to the reward funds; or (iii) your Program Sponsor elects to not cover the cost of the IVR fee while the John Hancock Vitality program in which you received the reward funds is still operating and you are still a member of the program.
- About Your Card. The Program Servicer is responsible for servicing, distributing, operating and maintaining the Card program. The Program Servicer's affiliates and related entities bear no responsibility or liability for any Cards, and you hereby knowingly release such affiliates and related entities from any and all liability or claims of any nature whatsoever arising in connection with the Card.
- The Card is a prepaid card that is being provided to you by a Program Sponsor pursuant to applicable program documents. The Card allows you to access certain reward funds on the Card loaded by the Program Sponsor, not the Program Servicer. You do not have any property claims to these funds. The Program Sponsor is responsible for ensuring funds are available to be loaded to the Card. You do not have the ability to add or load funds to the Card. The Card is not a gift card and is not connected in any way to a personal checking or savings account or any other financial account you may have. The Card is not a credit card. You will not receive any interest on the funds associated with the Card. Your Card is not accepted at Automated Teller Machines (“ATMs”) and cannot be used to obtain cash from an ATM, a point-of-sale terminal (“POS”), or by any other means, except as required by law. Only your Program Sponsor may load additional funds that can be accessed with your Card. You may not load any value to your Card. The Card(s) issued to you remain the property of the Program Servicer and must be surrendered upon request.
- Your Program Sponsor may provide you additional documents that govern the types of rewards available to you, any potential limitations on those rewards, and the qualifications necessary to earn rewards accessible by a Card. Those program documents may also describe additional healthy product promotions that may be accessible with your Card. These additional promotions are separate and distinct from the funds you have earned as a reward and expire in accordance with your applicable program documents. Your Program Sponsor is responsible for funding your redemptions of these additional promotions. We are not a party to any of your program documents and are not responsible for the program documents or the underlying program through which you have received the Card.
- Card Activation and Registration. You must activate your Card before it can be used. You may activate your Card by visiting www.healthysavings.com/johnhancockvitality. Your failure to activate and use the Card results in the loss of all rights that you may have to use the Card and access the underlying funds. By registering, activating and using a Card, you agree to only use the Card for personal, family, or household purposes and in accordance with the terms of this Agreement.
- You are an authorized user of the Card. You do not have any rights in or to the funds accessible with a Card, except the right to use the Card and access the Card funds in accordance with the terms of this Agreement. You will be responsible for all transactions and fees incurred by another person whom you have permitted to have access to your Card, and we will treat all actions by such other persons as if you have authorized the activity. You should retain receipts of all authorized transactions. Receipts of your transactions may be required if we are investigating a report of a lost or stolen Card, errors, or unauthorized transactions.
- You are not authorized to use your Card for any inappropriate, fraudulent or abusive transactions including, but not limited to, providing Card access to inappropriate individuals, using or attempting to use the Card in any manner not approved in your program documents, or in violation of this Agreement. You do not have the right to stop payment on any transaction resulting from the use of your Card.
- Use and Redemption. Cards are redeemable only for qualified purchases of goods and services at select Merchants that have agreed to accept the Cards and have the equipment necessary to process S3™-branded card transactions (“Merchants”), as long as you do not exceed the value available on your Card. The Merchants may change from time to time. If you use your Card without presenting your physical or digital Card (i.e. mail order, by telephone, or by Internet), the legal effect will be the same as if you presented the physical or digital Card in person. Cards are not redeemable towards previously purchased goods or services. Cards may be redeemable only for certain goods or services, or may be restricted from redemption for certain goods or services, including but not limited to alcohol, tobacco, firearms or gift cards, as determined by applicable law, rules and regulations, and applicable program documents provided by your Program Sponsor. Except as may otherwise be required by law, your Card cannot be: i) redeemed for cash; ii) used to obtain cash in any transaction; iii) used for illegal transactions; or, iv) used to set up recurring payments.
We may refuse to process any transaction for security reasons or if we believe the transaction may violate the terms of this Agreement or applicable law.
You authorize us to reduce the value available on your Card by the amount of each transaction and any applicable fees or charges. You are not allowed to exceed the available amount through an individual transaction or a series of transactions. Attempting to use the Card when there are insufficient funds accessible with it may result in your transaction being declined or the Merchant allowing you to pay for the balance of the transaction with another method of payment. If, for any reason, you conduct a transaction that manages to exceed the available balance on your Card, you agree that we may deduct the amount of the overdraft and any applicable fees or charges from any reward funds subsequently loaded by your Program Sponsor for access with your Card.
- Refunds and Returns. If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to abide by the return, refund and transaction policies of the Merchant and to request a credit to the Card from the Merchant in place of a cash refund where possible. If a Merchant credits the Card, the funds may not be immediately available. We may have no control over when a Merchant sends a credit transaction. All disputes regarding the Merchants return, refund and transaction policies must be handled directly with the Merchant.
- Card Balance Inquiry. To check the balance on your Card, please call 1-855-250-6946 or visit www.healthysavings.com/johnhancockvitality. The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.
It is your responsibility to keep track of the amount of funds accessible on the Card. You may review your Card balance and a history of your Card transactions by visiting www.healthysavings.com/johnhancockvitality or by downloading the Healthy Savings mobile app.
- Lost or Stolen Card; Unauthorized Transactions. If your Card is lost or stolen, you may log in to your account at www.healthysavings.com/johnhancockvitality and request a replacement card. The Program Servicer is not responsible for unauthorized use of any Card. Your Card will be deactivated and any funds remaining on the Card at the time of the call may be transferred onto a new Card. If the funds are transferred onto a new Card, the fund will be temporarily unavailable until you activate the new Card. It may take up to 30 days to process and issue a replacement Card.
If your Card is lost, stolen, or damaged, and you request a replacement Card, you may be charged a Replacement Card Fee, as noted in the Fee Schedule above, which may be deducted from the reward funds accessible with your Card.
- Errors. If you become aware of and/or your mobile or online account shows transactions that you believe you did not make or contain some other error, you must notify the Program Servicer immediately. If you fail to notify the Program Servicer of any potential errors within sixty (60) days after the information was made available to you, you may not be entitled to receive any value you lost if we can prove that you failed to use reasonable care or we could have prevented or limited any further loss. Notifying the Program Servicer within sixty (60) days after the information was made available to you is not a guarantee that you will receive a refund of any value lost. We reserve the right to investigate any claim you may make regarding a lost or stolen Card or unauthorized transaction, and you agree to cooperate with such investigation.
- Card Expiration. Your Card will not expire. Your Card may be used to access the reward funds issued under this Agreement, in addition to certain benefit funds that your Program Sponsor may provide you. The reward funds issued under this Agreement will not expire, regardless of whether the other benefit funds will expire.
- Card Termination and Suspension. You, your Program Sponsor, and we have the right to suspend or terminate a Card. We may suspend, terminate, cancel or revoke your Card at any time in our sole discretion and without prior notice, subject to applicable law. For example, we may suspend, terminate, cancel or revoke your Card: (i) if we believe you (or an individual authorized by you) have used or may use it for any unlawful or suspicious purpose; (ii) if you have used or may use it in violation of this Agreement; (iii) if we are unable to verify the accuracy of any information you provide to us; (iv) if we believe your actions may cause legal or financial risk to us or others; or, (v) if your Program Sponsor fails to provide sufficient funds for loading your Card. We may also suspend, terminate, cancel or revoke your Card at the request of your Program Sponsor.
You will not be entitled to any of the funds that remain accessible by a Card upon termination, cancelation, or revocation of the Card.
- MANDATORY BINDING INDIVIDUAL ARBITRATION. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. This section is not intended to provide you with a complete explanation of the consequences of arbitration. You should consult with other appropriate professionals before using your Card.
Arbitration is a substitute for having your claims adjudicated in a court of law. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
Notwithstanding the mandatory individual arbitration terms contained in this Agreement, all parties retain the right to seek relief in small claims court for disputes or claims within the scope of its jurisdiction.
- ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Program Servicer agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not classwide or collective) binding arbitration, except that you or the Program Servicer may take claims to small claims court if they qualify for hearing by such a court.
You and Program Servicer agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
YOU AND PROGRAM SERVICER AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.
YOU AND THE PROGRAM SERVICER AGREE AND UNDERSTAND THAT THIS ARBITRATION AGREEMENT MEANS THE PARTIES ARE GIVING UP THE RIGHT TO BRING CLAIMS IN COURT OR HAVE A JURY RESOLVE THE DISPUTE.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Program Servicer's affiliates and related entities.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Program Servicer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
- ARBITRATION PROCEDURES
Arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules and instructions for how to initiate an arbitration are available from AAA at https://www.adr.org or 1-800-778-7879.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Reasonable attorneys' fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.
Any arbitration will take place in or near the county where claimant resides and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).
Judgment on the award may be entered in any court of competent jurisdiction.
Limitation of Liability. PROGRAM SERVICER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES YOU PURCHASE WITH THE CARD. WE WILL NOT BE LIABLE IF: 1) THROUGH NO FAULT OF OURS, YOUR CARD HAS INSUFFICIENT FUNDS AVAILABLE TO PROCESS YOUR INTENDED TRANSACTION; 2) A MERCHANT REFUSES TO ACCEPT YOUR CARD; 3) A MERCHANT'S POINT-OF-SALE TERMINAL OR EQUIPMENT IS NOT FUNCTIONING PROPERLY, AND YOU KNEW OR SHOULD HAVE KNOWN ABOUT THE PROBLEM WHEN YOU ATTEMPTED TO CONDUCT A TRANSACTION; 4) YOU ATTEMPT TO CONDUCT A TRANSACTION AFTER YOUR CARD HAS BEEN DEACTIVATED, SUSPENDED OR TERMINATED FOR ANY OF THE REASONS STATED IN THIS AGREEMENT, INCLUDING FOR A CARD THAT HAS BEEN REPORTED AS LOST, STOLEN, OR DAMAGED; 5) THERE IS A “HOLD” PLACED ON YOUR CARD OR YOUR FUNDS ARE SUBJECT TO SOME LEGAL OR ADMINISTRATIVE PROCESS; 6) WE HAVE REASON TO BELIEVE THE REQUESTED TRANSACTION IS UNAUTHORIZED; 7) DESPITE REASONABLE PRECAUTIONS, CIRCUMSTANCES BEYOND OUR CONTROL PREVENT THE COMPLETION OF THE TRANSACTION; 8) YOUR PROGRAM SPONSOR DID NOT PROPERLY FUND THE ACCOUNT ACCESSIBLE WITH YOUR CARD IN A TIMELY MANNER; 9) THE PROGRAM SPONSOR DID NOT PROVIDE YOU WITH REQUIRED DISCLOSURES, ACCOUNT INFORMATION, PROGRAM DOCUMENTS, OR OTHER SERVICES, EVEN IF THOSE RESPONSIBILITIES ARE REFERRED TO IN THIS AGREEMENT; OR, 10) ANY OTHER EXCEPTION STATED IN OUR AGREEMENT WITH YOU APPLIES.
ANY PROCEEDING BY YOU TO ENFORCE AN OBLIGATION, DUTY OR RIGHT ARISING OUT OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW WITH RESPECT TO YOUR CARD MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION OCCURS.
Assignment We may transfer, sell, or assign our rights under this Agreement. You may not transfer, sell or assign your Card or your rights or obligations under this Agreement.
No Resale. Cards may not be resold without express written authorization from the Program Servicer. Card is not valid and will not be honored, and we will not be liable, if a Card is obtained from unauthorized distributors or resellers, including through Internet auction sites.
Governing Law. Except where federal laws, rules and regulations govern, the laws of the State of Delaware, without regard to principles of conflict of laws, shall govern this Agreement and use of your Card.
Changes to Agreement. Program Servicer reserves the right to change this Agreement from time to time in its discretion, subject to applicable law. You will be notified of any change in the manner required by applicable law; however, we may make changes for security purposes without providing you prior notice of such change.
Fraud. Program Servicer reserves the right to refuse to honor a Card where Program Servicer suspects that the Card was obtained or used fraudulently.
Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement so construed is held to be invalid, illegal, or otherwise unenforceable, such provision shall be deemed severed from this Agreement and all other provisions shall remain in full force and effect.
Telephone Recording. We may monitor and/or record telephone calls between you and us or our vendors or other service providers to assure the quality of our customer service.
Non-Waiver. The failure by either party at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. The express waiver of any default by either party shall not be deemed a continuing waiver but shall apply solely to this instance to which such express waiver is directed.
Business Days. For purposes of this Agreement, our business days are Monday through Friday, not including any Federal Holidays.
Disclosure of Information. We may disclose information to third parties about your Card or the transfers that you make from it: i) where it is necessary to provide service associated with your Card and fulfill our obligations to your Program Sponsor; ii) to verify the existence and condition of your Card for a third party, including a Merchant or a bank; iii) in accordance with our applicable web Privacy Policies; iv) for any reasonable security purposes; v) to comply with any government agency, court orders, or other legal request; or vi) otherwise as necessary to fulfill our obligations under this Agreement.
English Language. Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Headings. The descriptive headings in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
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