Cardholder Agreement
Alivi Gold Kidney Visa® Prepaid Card is issued by Avidia Bank, pursuant to a license from Visa U.S.A Inc. Card is serviced by Fidelity Information Services, LLC (FIS).
Alivi Gold Kidney Benefits Visa® Prepaid Card Cardholder Agreement
Customer Service Contact Information
Address: P.O. Box 7244, Sioux Falls, SD 57117-7244
Website: www.goldkidney.alivi.com
Phone Number: (833) 690-0182
IMPORTANT NOTICES
(1) PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION (“ARBITRATION
CLAUSE” SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
(2) ALWAYS KNOW THE EXACT DOLLAR AMOUNT AVAILABLE ON THE CARD. MERCHANTS MAY NOT HAVE
ACCESS TO DETERMINE THE CARD BALANCE.
(3) IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE CARD. SAVE YOUR RECEIPT AND CANCEL THE
CARD BY CALLING CUSTOMER SERVICE.
(4) BY ACCEPTING, SIGNING OR USING THIS CARD, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS CONTAINED IN THIS AGREEMENT.
(5) BY USING THIS CARD, YOU ARE ALSO AGREE TO AVIDIA BANK PRIVACY POLICY (ATTACHED).
This Cardholder Agreement (“Agreement”) sets forth the terms and conditions under which the Alivi Gold Kidney
Benefits Visa Prepaid Card (“Card”) has been issued to you by Avidia Bank. “You” and “your” means the person or persons
who have received and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean
collectively, Avidia Bank, a state-chartered bank, member FDIC, and its divisions or assignees, and also includes, unless
otherwise indicated, our Program Manager. “Program Manager” refers to Fidelity Information Services, LLC (“FIS”), who
performs certain services related to your Card on our behalf. “Corporate Sponsor” means the company who has directly
or indirectly established this Card for the purpose of disbursing funds to you. The funds that are disbursed to the Card
remain an asset of the Corporate Sponsor until such time as you spend the funds. The Card is nontransferable, and it may
be canceled at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for
future reference. Your full fee schedule, otherwise known as the “Long Form” is attached to and considered part of this
Agreement.
ABOUT YOUR CARD
Your Card is a prepaid card, which allows you to access funds loaded to your Card account by the Corporate Sponsor.
You should treat your Card with the same care as you would treat cash. We encourage you to sign your Card when you
receive it. This Card is intended for personal, family, or household use and not intended for business purposes. Your Card
account includes multiple subaccounts (each, a “Purse”). Each Purse contains benefits loaded to your Card by the
Corporate Sponsor. Benefits may be disbursed or removed by the Corporate Sponsor subject to your benefit plan enrollment
eligibility requirements. Benefit plan requirements and terms are not part of this Agreement. Contact your Corporate Sponsor
for details about your benefit plan by calling 888-991-0040 or go to www.goldkidney.alivi.com.
Your Card account does not constitute a checking or savings account and is not connected in any way to any other
account you may have. This Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit
card. You will not receive any interest on the funds in your Card account. We may close your Card or refuse to process any
transaction that we reasonably believe may violate the terms of this Agreement or represents illegal or fraudulent activity.
You are responsible for notifying us immediately upon any change to your address, phone number, or email address. If your
address changes to a non-U.S. address, we may cancel your Card and return funds to the Corporate Sponsor in accordance
with this Agreement.
Verifying Your Identity. To help the federal government fight the funding of terrorism and money laundering activities,
the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that
identifies each person who opens a Card.
What this means for you: When you request a Card, we may ask for, or the Corporate Sponsor may provide us with
your name, street address, date of birth, 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 documents at any time. You may be limited in use and features until you have been
successfully verified.
Eligibility and Activation: To be eligible to use and activate the Card, you represent and warrant to use that: (i) you
are at least 18 years of age; (ii) the personal information provided to us is true, correct, and complete; (iii) you have read
this Agreement and agree to be bound by and comply with its terms.
Error Resolution and Your Liability for Unauthorized Transactions. In case of errors or questions about your Card
account telephone us or write us using the Customer Service Contact Information found at the beginning of this Agreement
as soon as you can, if you think an error has occurred in your Card account. We must allow you to report an error until 60
days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic
history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your
transactions at any time by calling or writing us using the Customer Service Contact Information found at the beginning of
this Agreement. You will need to tell us:
1. Your name and [Card account] number; and
2. Why you believe there is an error, and the dollar amount involved; and
3. Approximately when the error took place.
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 45 days to investigate your complaint or question. If we decide to do
this, and your Card account is registered with us, we will credit your account within 10 business days for the amount you
think is in error, so that you will have 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 Card
account.
For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to
investigate your complaint or question. For new Card accounts, we may take up to 20 business days to credit your Card
account for the amount you think is in error. 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 need more information about our error-resolution procedures, call us at
the telephone number shown above.
Your Card may have some additional protections against unauthorized use:
Visa Zero Liability policy covers U.S.-issued Visa-branded cards only and does not apply to ATM transactions, PIN
transactions not processed by Visa, certain commercial card transactions, or unregistered cards. You must notify us
promptly of any unauthorized use. For additional details visit www.visa.com/security.
Business Days. For purposes of this Agreement, our business days are Monday through Friday, excluding U.S. federal
holidays. Customer Service hours may differ.
USING YOUR CARD
Accessing Funds. You have arranged to have funds transferred directly to your Card from the Corporate Sponsor
through electronic transfer instructed loads. This is the only load method for your Card account. Each time you use your
Card, you authorize us to reduce the value available on your Card by the amount of the transaction and applicable fees. If
you use your Card number without presenting your Card (such as for an internet transaction, a mail order or telephone
purchase), the legal effect will be the same as if you used the Card itself. You may use your Card to purchase or lease
approved goods or services at approved merchants wherever your Card is honored as long as you do not exceed the value
available in your Card account or the applicable Purse. A list of approved products and participating merchant locations may
be found at www.goldkidney.alivi.com.
Activating your Card. You may activate your Card by calling Customer Service at (833) 690-0182 (TTY: 711) or
logging into your cardholder servicing website at www.goldkidney.alivi.com.
You CANNOT use your Card to: (i) exchange your Card for its cash value; (ii) perform any illegal transactions; (iii) use
the bank routing and account number to make a debit transaction with any item processed as a check (these debits will be
declined, and your payment will not be processed); or (iv) make business related transactions. In addition, YOU ARE NOT
PERMITTED TO EXCEED THE AVAILABLE AMOUNT IN YOUR CARD ACCOUNT THROUGH AN INDIVIDUAL
TRANSACTION OR A SERIES OF TRANSACTIONS. Nevertheless, if a transaction exceeds the balance of the funds
available in your Card account, you will remain fully liable to us for the amount of the transaction and agree to pay us
promptly for the negative balance.
Split Transactions. If you do not have enough funds available in your Card account or applicable Purse, you may be
able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form
of payment. These are called “split transactions.” Some merchants do not allow cardholders to split transactions or will only
allow you to do a split transaction if you pay the remaining amount in cash.
Limits. You may spend up to the available balance on your Card or applicable Purse each day, subject to your benefit
plan enrollment eligibility. You may make purchases with your Card using signature based or PINless requests. There is no
limit to the number of purchases you may make each day, subject to your available balance on your Card or applicable
Purse. You may not make transfers to or from your Card. You may not obtain cash from your Card.
There are limits on the products you may purchase and the merchants you may purchase approved products from.
These limitations are part of your benefit plan program and will vary by the type of benefit you receive and your Corporate
Sponsor. To see rules associated with your benefit plan program, including a list of approved products, merchants, and
locations where you may purchase those approved products, please go to www.goldkidney.alivi.com.
CONFIDENTIALITY. We may disclose information to third parties about your Card account or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Card account for a third party, such as merchant;
(3) In order to comply with government agency or court orders, or other legal reporting requirements;
(4) If you give us your written permission;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or
(6) As otherwise necessary to fulfill our obligations under this Agreement.
DOCUMENTATION
Receipts. You may be able to get a receipt at the time you transfer from your account using a point-of-sale terminal.
You may need a receipt in order to verify a transaction with us or the merchant.
Account History and Balance. You may obtain information about the amount of value you have remaining in your
prepaid account by calling Customer Service at (833) 690-0182. This information, along with a 12-month history of account
transactions, is also available online at www.goldkidney.alivi.com. You also have the right to obtain at least 24 months of
written history of account transactions by calling or writing Customer Service. You will not be charged a fee for this
information.
TRANSACTIONS AND PREAUTHORIZED TRANSFERS
Right to stop payment and procedure for doing so. If you have told us in advance to make regular payments out
of your Card account, you can stop any of these payments. Call or write to Customer Service with the contact information
located at the beginning of this Agreement in time for us to receive your request at least three business days or more before
the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us
within 14 days after you call.
Notice of varying amounts. If these regular payments vary in amount, the person you are paying should tell you, at
least 10 days before each payment, when it will be made and how much it will be.
Liability for failure to stop payment of preauthorized transfer. If you order us to stop one of these payments at
least three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or
damages.
Our liability for failure to complete transactions. If we do not complete a transaction to or from your Card account
on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages
proximately caused by us. However, there are some exceptions. Where applicable, we will not be liable, for instance:
(1) If, through no fault of ours, you do not have enough funds available in your Card account or applicable Purse to
complete the transaction;
(2) If a merchant refuses to accept your Card;
(3) If an electronic terminal where you are making a transaction does not operate properly and you knew about the
problem when you initiated the transaction;
(4) If access to your Card has been blocked after you reported your Card or PIN lost or stolen;
(5) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
(6) If we have reason to believe the requested transaction is unauthorized;
(7) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion
of the transaction, despite reasonable precautions that we have taken; or
(8) For any other exception stated in our Agreement with you.
Authorization Holds. With certain types of purchases (such as those made at restaurants, hotels, or similar
purchases), your Card may be “preauthorized” for an amount greater than the transaction amount to cover gratuity or
incidental expenses. Any preauthorization amount will place a “hold” on your available funds until the merchant sends us
the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on
hold will be removed. During this time, you will not have access to preauthorized amounts. If you authorize a transaction
and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds.
ADDITIONAL TERMS OF THE AGREEMENT
Personal Identification Number (“PIN”). You will not receive a PIN for your Card. When checking out, swipe your
card for payment and select Credit. Debit transactions will be declined.
Returns and Refunds. If you are entitled to a refund for any reason for goods or services obtained with your Card,
the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately
available. While merchant refunds post as soon as they are received, please note that we have no control over when a
merchant sends a credit transaction, and the refund may not be available for a number of days after the refund transaction
occurs. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase
with your Card.
Card Replacement and Expiration. If you need to replace your Card for any reason, please contact Customer
Service. There is no fee to request a replacement card. Please note that your card has a “Valid Thru” date on the front of
the Card. You may not use the Card after the “Valid Thru” date on the front of your Card. The available funds on your Card
or applicable Purse will expire based on your benefits program eligibility rules. Any expired funds will be returned to the
Corporate Sponsor and are not owned by you.
Authorized Users. If you allow another person to use the Card, you will be responsible under this Agreement for all
transactions made by that person, regardless of whether you intended to be responsible for all of them, as well as all
associated fees and charges, even if any of those transactions, fees or charges caused your balance to go negative.
Communications. You agree that we may monitor and record any calls or other communications between us and you.
You also agree that we or our service providers may contact you with any contact information you provide to us, including
cellular and wireless phone numbers, landline numbers, and email addresses. You also agree that we or our service
providers may contact you by using an automated dialing or email system, by text, or artificial or recorded voice. You agree
to pay any service charges assessed by your plan provider for communications we send or make to you or that you send
or make to us.
English Language Controls. Translations of this Agreement that may have been provided are for your convenience
and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations here
in are subject to definitions and interpretations in the English language.
Account Closure. You may close your Card at any time by contacting Customer Service. Your request for Card closure
will not affect any of our rights or your obligations arising under this Agreement prior to the request. We reserve the right to
close your Card account should you complete or attempt to complete any of the prohibited actions in this Agreement. Funds
on your Card will be returned to the Corporate Sponsor upon Card closure.
Assignability. You may not assign or transfer your Card or your obligations under this Agreement. We may, however,
transfer or assign our rights under this Agreement, including any balances in your Card account. If we assign our rights, you
will get a notification from us.
Legal Process. Regardless of where or how we are served, we will comply with any state or federal legal process,
including, without limitation, any writ of attachment, adverse claim, execution, garnishment, tax levy, restraining order,
subpoena or warrant we believe to be valid relating to you or your Card. You agree that we will honor legal process that is
served personally, by mail, or by facsimile transmission at any of our offices (including locations other than where the funds,
records or property sought is held), even if the law requires personal delivery at the office where your Card account records
are maintained. You agree that we will have no liability to you for honoring any such legal process. You also agree that we
will have no obligation to assert on your behalf any applicable exemptions to execution or attachment under any applicable
state or federal law. We will enforce a right of security interest against any of your Card accounts in order to reimburse us
for our fees and expenses, including attorneys’ fees, court costs and expenses, in complying with legal process. We may
refuse to permit withdrawals or transfers from your account until such legal process is satisfied or dismissed, even if such
action results in insufficient funds to satisfy an obligation you may have incurred. We may deduct such expenses from your
Card account or any other account you may have with us without prior notice to you, or we may bill you direct for such
expenses and fees. You agree to release and indemnify, defend, and hold us harmless from all actions, claims, liabilities,
losses, costs, and damages including, without limitation, attorney’s fees, associated with our compliance with any legal
process. When we receive an order instructing us to restrict access to funds in a Card account, we may remove the funds
from the account and maintain them separately.
Other Terms. You will be notified of any change to this Agreement in the manner required by applicable law prior to
the effective date of the change. However, if the change is made for security purposes, we can implement such change
without prior notice. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing
a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this
Agreement without notice). If any provision of this Agreement is determined to be invalid or unenforceable under any rule,
law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of
this Agreement will not be affected. This Agreement will be governed by the law of the State of Massachusetts except to the
extent governed by federal law. Should your Card have a remaining balance after a certain period of inactivity, we may be
required to remit the remaining funds to appropriate state agency.
JURY TRAIL WAIVER. YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL
RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE
KNOWLINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING
OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER WILL NOT AFFECT OR BE
INTERPRETATED AS MODIFYING IN ANY FASHION THE ARBITRATION CLAUSE SET FORTH IN THE FOLLOWING
SECTION, WHICH CONTAINS ITS OWN JURY TRIAL WAIVER.
Arbitration Clause. We have put this Arbitration Clause in question-and-answer form to make it easier to follow.
However, this Arbitration Clause is part of this Agreement and is legal binding. For purposes of this section, our “Notice
Address” is Avidia Bank, 42 Main Street, PO Box 190, Hudson MA 01749.