Terms and Conditions
THE TD BANK VISA® GIFT CARD TERMS AND CONDITIONS.
Gift Card fees vary depending on where the TD Bank Visa Gift Card is purchased. Please be sure to keep this important information and provide it to anyone to whom the Gift Card is given. The TD Bank Visa Gift Card ("Card") becomes active no later than the end of the Business Day after its purchase. For more information, please refer to www.tdbank.com/giftcardinfo. The following terms and conditions Agreement govern the use of the Card. In this ("Agreement"), the words "you" and "your" mean: (a) the person who purchases the Card; (b) any person to whom the Card is given; and (c) any person who uses the Card. The words "we", "us", "our" and "Bank" mean TD Bank, N.A., a national banking association. The terms of this Agreement are binding upon us and you and will be deemed to have been accepted by you if any of the following are done by you or by another person with your consent or authorization: (a) purchase the Card; (b) sign the back of the Card; (c) use the Card; (d) authorize any other person to use the Card; (e) retain the Card; (f) activate the Card, or (g) register the Card. Please read this Agreement carefully, keep it and provide it to anyone to whom the Card is given.
CARD DESCRIPTION AND HOW THE CARD WORKS.
BALANCE ON THE CARD.
USING YOUR CARD.
b. Select a PIN. Go to www.tdbank.com/giftcardinfo to select a PIN. The PIN cannot be used to get cash at ATMs or otherwise. You should not disclose your PIN to anyone. If the security or confidentiality of your PIN is compromised, you should notify us at once.
c. Record Your Card Number. Record your Card Number in a safe place separate from the Card. You will need your Card Number when reporting a lost or stolen Card or unauthorized transactions.
d. Signature of Cardholder. You or the person to whom you give the Card as a gift must sign the back before using the Card.
e. By Signature at Merchants. To pay for purchases at Merchants who display the Visa logo and have agreed to accept the Card, sign the sales receipt to complete the transaction. If there's a keypad, tell the salesclerk that you prefer to sign for your purchase. Usually, you will need to push the credit payment option. There is no cost for this service.
f. By PIN at Merchants. To pay for purchases at Merchants who display the Visa or NYCE logo and have agreed to accept the Card, enter your PIN number in the keypad to complete the transaction. Usually, you will need to push the "debit" payment option. There is no cost for this service
g. At Gas Stations. The Card can be used at gas stations. However, at gas stations with a pay at the pump capability, the Card cannot be authorized directly at the pump. Simply present the Card to the attendant for payment. Sign the sales receipt to complete the transaction. If there's a keypad, tell the salesclerk that you prefer to sign for your purchase. Usually, you will need to push the credit payment option.
b. Point of Sale Use and Hold Periods. Some Merchants, such as gas stations, hotels, restaurants and other Merchants that accept gratuities, receive authorization for a greater amount than the actual purchase price to allow for additional services or gratuity. For restaurants and personal services Merchants, this is generally 20% or more than the original purchase price amount, and it will result in a hold on your available funds on the Card for the original purchase amount and the additional amount. This hold will remain in effect until we receive the transaction from the Merchant or seven (7) Business Days, whichever occurs first. During the hold period, the funds will be unavailable.
c. Purchases Exceeding the Card Balance. If the amount of your purchase is greater than the Card Balance, the difference can be paid with another form of payment, depending on the policy of the Merchant. Any transaction attempted for more than the Card Balance will be declined. You must know the Card Balance and inform the Merchant to process the transaction in that amount. Depending on the Merchant's policy, you may be able to use your Card toward a portion of the final purchase price, and then use another form of payment to pay the balance of the final purchase price.
d. International Transactions. If you use the Card to purchase goods or services in a currency other than U.S. dollars, Visa will convert the charge into a U.S. dollar amount. The conversion rate on the processing date may differ from the rate on the transaction date. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date.
e. Additional Transactions. You shall not use your Card for any illegal transaction. We may decline authorization for any illegal transaction or Internet gambling transaction.
f. Returns and Exchanges. The Bank, Visa NYCE and their affiliates, employees and agents are not responsible for the services or merchandise purchased with the Card and are not responsible for the return or exchange of merchandise purchased with the Card. By use of this Card, you agree that we are not liable for any consequential damages, direct or indirect. If you think an error has occurred involving a transaction, the error needs to be adjusted and resolved with the Merchant. Exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each Merchant and applicable law. Return and refund policies are dependent on the Merchant. At the time of any exchange or return, you should present both the merchandise receipt and the Card. Availability of credits added to the Balance may vary by Merchant.
HOW TO OBTAIN YOUR CARD BALANCE OR OBTAIN INFORMATION ON TRANSACTIONS PREVIOUSLY MADE.
THEFT, UNAUTHORIZED USE OR LOSS OF YOUR CARD.
a. Authorized Use of Card. You are responsible for all authorized and unauthorized uses of your Card except to the extent that applicable law may protect you from liability for unauthorized purchases.
b. What to Do If You Believe Your Card is Stolen or Unauthorized Transactions Have Occurred. Notify us immediately at 1-888-294-2249. You will need your Card Number to receive information.
c. What to Do If Your Card is Lost. If you lose your Card, it is like losing cash and we may not reissue the Card or refund your money. However, we advise you to report the loss of the Card by calling us at 1-888-294-2249 as soon as you discover the loss.
d. Replacement For Damaged Cards. A replacement Card can be issued for the Balance on any lost, stolen or damaged Card and the original Card will be canceled. Depending on the state in which the Card was purchased, a replacement fee and/or an express delivery fee may be deducted from the Card Balance to replace a lost or stolen Card or for sending the replacement Card on an express basis (see section – "FEES THAT MAY BE DEDUCTED FROM THE CARD BALANCE").
e. Visa's Zero Liability Policy covers US issued cards only and does not apply to PIN transactions not processed by Visa or certain commercial card transactions. You must notify us promptly of any unauthorized use. Call us at 1-888-294-2249 for additional details or visit visa.com/security.
THE FOLLOWING NOTICE CONTAINS INFORMATION ABOUT YOUR RIGHT TO DISPUTE ERRORS
a. What to Do About Suspected Errors. In case of errors or questions about electronic transactions on the Card, write to us at TD Bank Gift Card Services, P.O. Box 1377, Lewiston, ME, 04243-1377.
b. Information You Must Give to Us. When you make your inquiry about the suspected error, you must supply us the following information:
d. Disputes with Merchant. If you have a problem with any goods or services you purchase using the Card, you agree to settle any disputes arising from the problem directly with the Merchant.
VALIDITY OF YOUR CARD.
b. Card Activity. The Card is considered as active if the cardholder conducts an approved transaction for goods and services.
c. Escheated Balances. The Card is subject to escheatment laws in the state the Card was purchased. If the Card has been registered online, the escheatment is governed by the address indicated in the Card registration. Should your Card exceed the escheatment rules set by state law, we will be required to unload the Card and send any remaining balance to the appropriate state agency without notice to you.
b. Change in the Program. We may change the terms of, add new terms to, or discontinue this Agreement or the Card program at any time and without giving you notice, subject to applicable law. Check www.tdbank.com/giftcardinfo for posting of the most recent terms.
DISCLOSURE OF CARD INFORMATION TO THIRD PARTIES.
OTHER TERMS AND CONDITIONS. Neither TD Bank, N.A. nor any other TD Bank corporate affiliate will be liable to you for failure of any Merchant or other person to honor your Card.
FEES THAT MAY BE DEDUCTED FROM THE CARD BALANCE.
The below Fee Schedule is for cards sold after 3/31/13.
GOVERNING LAW; VENUE; SEVERABILITY.
QUESTIONS OR CONCERNS.