Cardholder Agreement IMPORTANT – PLEASE READ CAREFULLY

Terms and Conditions/Definitions for the IMAGINE Prepaid Discover® Network Card – This agreement constitutes the agreement (“Agreement”) outlining the terms and conditions under which a non-personalized IMAGINE Prepaid Discover Network Card and/or personalized IMAGINE Prepaid Discover Network Card has been issued to you. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. “Card” means the non-personalized IMAGINE Prepaid Discover Network Card and/or IMAGINE Prepaid Discover Network Card issued to you by Palm Desert National Bank (“PDNB”).  “Non-Personalized Card” means the instant issue IMAGINE Prepaid Discover Network Card you received and exclude your personal information from the Card front.  “Personalized Card” means the IMAGINE Prepaid Discover Network Card you received and includes your personal information on the Card front. “Issuer” means PDNB. PDNB is an FDIC insured member institution. “Card Account” means the records we maintain to account for the value of claims associated with the Card. “You” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. “We,” “us,” and “our” mean PDNB, our successors, affiliates or assignees. You acknowledge and agree that the value available in the Card Account is limited to the funds that you have loaded into the Card Account or have been loaded into the Card Account on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card. You will not receive any interest on your funds in the Card Account. The Card will remain the property of PDNB and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Our business days are Monday through Friday, excluding holidays, even if we are open. Please read this Agreement carefully and keep it for future reference.

Obtaining Your Card - The USA PATRIOT Act is a federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account. What this means for you: When you open a Card Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents including photo identification.

Authorized Users - You are responsible for all authorized transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.

Personal Identification Number - You will receive a Personal Identification Number (“PIN”) with your Card. Your PIN is a security feature that functions as your signature, identifying you as the proper user of the Card and authorizing any transaction made with the Card. You shall not reveal the PIN to unauthorized users of the Card and you assume full responsibility for any and all transactions made by such unauthorized users. If you voluntarily give your Card and/or PIN to another person, you have authorized such person to use your Card and access your Funds, and you will be responsible for their use of your Card. You should not write or keep your PIN with your Card.  If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers”.

Using Your Card/Features - The maximum amount that can be spent on your Card per day is $2,500.00.  The minimum value of your Card is restricted to $10.00. The maximum value of your Card is restricted to $2,500.00. 

Cash Access - With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, which requires entry of a PIN and that bears the Discover Network Acceptance Mark or Pulse logo. All ATM transactions are treated as cash withdrawal transactions. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”  You may use your Card at an ATM where you see the Discover Network Acceptance Mark or Pulse logo.  The maximum cumulative amount that may be withdrawn from an ATM per day is $500.00 per day or the balance of your card, whichever is less. Any funds withdrawn from a POS device or through a participating bank (over the counter withdrawal) will be subject to the maximum amount that can be spent on your Card per day. 

You may use your Card to purchase or lease goods or services wherever Discover Network Cards are accepted as long as you do not exceed the value available on your Card Account.  Some merchants do not allow cardholders to conduct split transactions where by you would use the Card as partial payment for goods and services and paying the remainder of the balance with another form of legal tender.  If you use your Card at an automated fuel dispenser (pay at the pump), the merchant may preauthorize the transaction amount up to $75 or more if you pay at the pump.  If your Card is declined, even though you have sufficient funds available, pay for your fuel purchase inside with the cashier.  If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 15% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred.  If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself.  For security reasons, we may limit the amount or number of transactions you can make on your Card.  Your Card cannot be redeemed for cash.  You may not use your Card for any illegal transaction. Each time you use your Card, you authorize us to reduce the value available on your Card Account by the amount of the transaction and any applicable fees.  You are not allowed to exceed the available amount on your Card Account through an individual transaction or a series of transactions.  Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.  You do not have the right to stop payment on any purchase or payment transaction originated by the use of your Card.  You may not make preauthorized regular payments from your Card Account.  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 for up to thirty (30) days.  All transactions relating to car rentals may result in a hold for that amount of funds for up to ninety (90) days

Returns and Refunds - If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for the refunds.

Receipts - You should always get a receipt at the time you make a transaction using your Card.  You agree to retain your receipts to verify your transactions. 

Fee Schedule – All fee amounts will be withdrawn from your Card Account. ATM Withdrawal Fee (US/International): $2.80 (per transaction). NOTE: If you use an ATM not owned by us for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal.  This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us.  This ATM fee amount will be charged to your card. (per transaction); ATM/POS Reject Fee: $1.00 (per transaction); POS/Online Purchase Fee: $1.00: Web TSF Fee: $3.00 (Share Money from Card to Card, per transfer); Web Bill Payment Fee: $3.00 (per transaction); Replacement Card Fee: $15.00 (per Card; when Card is lost, stolen, or replaced); Paper Statement Fee:  $10.00 (per statement); Over the Counter Cash Fee: $4.00 (per transaction); Card Account Liquidation Fee: $25.00 (charged if a check is issued for funds on your Card Account); ATM Balance Inquiry Fee: $0.75 (per transaction); Card Reload Fee (via RPPS online bill payment function): $2.50; Chargeback Fee: $35.00; Points Inactivity: Points equivalent to $1.00 will be deducted from card account after 6 months of inactivity (per month); Cash e-Wallet Inactivity Fee: $1.50 per month after 6 months of inactivity;

Confidentiality - We may disclose information to third parties about your Card or the transactions you make: 1. Where it is necessary for completing transactions; 2. In order to verify the existence and status of your Card for a third party, such as merchant; 3. In order to comply with government agency, court order, or other legal reporting requirements; 4. If you give us your written permission; or 5. To our employees, auditors, affiliates, service providers, or attorneys as needed.

Our Liability for Failure to Complete Transactions - If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: 1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction; 2. If a merchant refuses to accept your Card; 3. If an ATM where you are making a cash withdrawal does not have enough cash; 4. If an electronic terminal where you are making a transaction does not operate properly.  5. If access to your Card has been blocked after you reported your Card lost or stolen; 6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; 7. If we have reason to believe the requested transaction is unauthorized; 8. 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 9. Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers - Contact us at once if you believe your Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at 1-800-624-6171. If you notify us within two (2) business days, you can lose no more than $50 if someone used your Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500. Under Discover Network Bylaws and Rules, your liability for unauthorized Discover transactions on your Card Account is $0 if you notify us promptly and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once. If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card. If your Card has been lost or stolen, we will close your Card Account to keep losses down. For the Discover Network Zero Liability Policy, please Discover’s website at

http://www.discovercard.com/customer-service/fraud/lost-stolen.html

Other Terms - Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be 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 shall not be affected. This Agreement will be governed by the laws of the State of California except to the extent governed by federal law.

Amendment and Cancellation - We may amend or change the terms and conditions of this Agreement at any time. You will be notified of any change in the manner provided 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 may cancel or suspend your Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

Information About Your Right to Dispute Errors - In case of errors or questions about your electronic transactions, call 1-800-624-6171 or write to TruCash Cardholder Services, 2680 Skymark Ave. Suite 420, Mississauga ON L4W 5L6.  If you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact us no later than sixty (60) days after the FIRST statement was made available to you on which the problem or error appeared. (1) Provide your name and Card number (if any); (2) Describe the error or the transaction you are unsure about, and explain why you believe it is an error or why you need more information; and (3) Provide the dollar amount of the suspected error.

If you provide this information orally, we may require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we may credit your Card within ten (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 to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we will not credit your Card. For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. We will tell you the results within three (3) business days after completing the investigation. A Chargeback fee of $35.00 USD is applicable and will be deducted from your card account balance. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting:

IMAGINE Prepaid Discover Network Card c/o 2680 Skymark Ave. Unit 420, Mississauga ON L4W 5L6

Revision Date 7/2009

English Language Controls - This translation is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. The translation may not accurately represent the information in the original English.

Discover Network and the Discover Network® Acceptance Mark are service marks used by Palm Desert National Bank under license from Discover Financial Services.  

TruCa$h is a registered MSP of Palm Desert National Bank.