Virtual Account Number Agreement

This Virtual Account Number Agreement (“Agreement”) governs the terms and conditions of the virtual account numbers (“VANs”) provided by Kemesa, LLC (“Kemesa”) to you and issued by Dollar Bank (“Dollar”),each time you use Shop Shield® to make a purchase or payment. Please read this Agreement carefully and keep it for future reference. This Agreement becomes effective with your acceptance of the Shop Shield® Member Agreement (of which this is a part) indicating your acceptance of the terms and conditions contained herein with each use of Shop Shield.

Terms and Conditions

“You” and “your” mean the person(s) who received the VAN from Dollar and is authorized to use the VAN as provided for in this Agreement. “We,” “us,” and “our” mean Dollar, our successors, affiliates or assigns.
Your VAN accesses a special account that has been opened to store the funds associated with your VAN. Your VAN does not link to a checking or savings account – yours or anyone else’s. Your VAN is a prepaid account and will offer all of the payment capabilities of a check or debit card.

How to Use Your VAN

1. You are able to use your VAN to pay for purchases and payments at online stores and businesses that have agreed to accept the VAN (“point-of-sale transactions” or “POS”). This will generally be wherever major credit cards are accepted

2. You agree to pay for any purchases made by you or anyone who may use your VAN with or without your knowledge.. If someone else uses you your VAN, we will treat this as your authorization for this person to use your VAN and you will be responsible for any transactions initiated by such person with your VAN.

Important Information about Using Your VANs

3. Failure to Complete Transactions

A. We accept no liability for your inability to complete any transaction for any reason.

B. Neither we nor any other bank or business will be liable to you for failure to accept or honor the VAN.

4. Payment. When you use your VAN, the amount of the transaction will be debited from the account used to purchase the VAN. You are not allowed to exceed the available balance on the method of payment you select to fund your VAN for any individual or series of purchases. If you select a bank account as your method of payment, the maximum value of your VAN for any individual payment initially may not exceed $400. Kemesa may increase this limit at its discretion..

5. Using Your VAN in a Foreign Country

You may use your VAN for retail purchases at foreign merchants (websites hosted by an entity outside of the United States). Transactions made in a foreign currency (other than U.S. Dollars) will be converted into U.S. Dollars under the applicable rules of Visa® USA Inc. The exchange rate in effect when the charge is processed may differ from the rate in effect on the date of the transaction or posting to your VAN. If your transaction is processed through Visa (under its current rules), your foreign currency transaction will be converted to U.S. Dollars by multiplying the amount of the foreign currency times (i) a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives, or (ii) the government-mandated rate in effect for the applicable central processing date. To the converted transaction a “foreign fee” may be added to cover charges U.S. Bank National Association may incur . We may assess such a “foreign fee” on all transactions in which the merchant is located in a country other than the United States, even in transactions that do not require currency to be converted.

6. Loss, Theft or Unauthorized Use

A. Tell us AT ONCE if you believe your VAN has been compromised or if you believe that a payment or an electronic funds transfer has been made without your permission by telephoning Shop Shield Customer Service (1-888-997-4435). Although Kemesa’ provides coverage of up to $10,000 over and above any other coverage’s you may have, if you tell Kemesa within two (2) business days after you learn of the loss or theft of your VAN, your account will not be charged if someone used your VAN without your permission. Dollar may, at its sole discretion, extend this 2 day time period should circumstances warrant such an extension.

B. If we confirm your Shop Shield account has been compromised we will close all outstanding VANs and prohibit the issuance of any new ones in order to keep losses down.

C. If you believe your account has been compromised or a VAN has been issued from your account without your permission, immediately call Shop Shield Customer Service at 1-888-997-4435

7. Other Terms. We may transfer our rights under this Agreement. Use of your VANs is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. However, the Shop Shield Privacy Statement will continue to apply and be fully observed.. Your VAN may not be used for any unlawful purpose. You agree that you will not use your VAN for any transaction that is illegal under applicable law. We do not give up our rights by delaying or failing to exercise them at any time. If any term of this Agreement is found by a court to be illegal or unenforceable; all other terms will still be in effect.

Your Legal Responsibilities in This Agreement

8. Information about Your Right to Dispute Errors

A. If there is a problem or dispute with a purchase of goods or services, you must communicate it directly to Shop Shield Customer Service (1-(888-997-4435) who will assist with the merchant involved. Refunds and returns are subject to the merchant's policies or applicable laws. If you are entitled to a refund for any reason for goods or services obtained with your VAN, you agree to accept a refund in the form of a credit to your original payment method.

B. In case of errors, problems or questions about your VAN, call Shop Shield Customer Service at 1-888-997-4435 if you think the receipt you receive from a merchant or entry on the Shop Shield website is wrong or if you need more information about a transaction listed on the merchant issued receipt. Kemesa must allow you to report an error until sixty (60) days after the date you use your VAN for the purchase. You may obtain a printed copy of the details of your transaction from the Shop Shield website. or request one at any time by calling Shop Shield Customer Service at 1-888-997-4435.

C. Kemesa may also request you to provide information about the dispute in writing at an address provided by Kemesa. Such information must be received within ten (10) business days after speaking with Kemesa. The following information must be contained in that notice:

(i) Your name and your Dollar VAN number used

(ii) web site at which the transaction occurred

(iii) The dollar amount of the suspected error.

(iv) The date the transaction occurred.

(v) The payment account to which you charged the transaction

(vi) 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.

Our Legal Right to Change or Cancel the Agreement

9. Amendment and Cancellation. We may at any time change or cancel these terms and conditions. You will be notified of any change before it goes into effect in the manner provided by applicable law. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend this Agreement or any features or services of the VAN described herein at any time. The VAN remains our property. We may cancel your right to use our VANs at any time. You may cancel this Agreement by calling Shop Shield Customer Service at 1-888-997-4435 . Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement before it was cancelled.

Privacy Pledge and Disclosure of VAN Information

10. We may collect the following kinds of nonpublic personal information about you: (A) information we received from you on applications or other forms; (B) information about your transactions with us, our affiliates, or others; and/or (C) information we receive from a consumer-reporting agency. We will disclose information to third parties about your VAN or the payments you make: (i) where it is necessary for completing transactions and charging your selected payment method., iii) in order to comply with government agency or court orders, or (iii) if you give us your written permission. We do not share your information with our affiliates for any reason other than those detailed above unless we have received your written authorization to do so. We restrict access to nonpublic personal information about you to those employees who need to know that information to complete . We maintain physical electronic and procedural safeguards that comply with federal standards to guard your nonpublic personal information. You acknowledge receipt of and agree to delivery of this initial notice of Dollar Bank’s privacy policy at the time you receive your VAN and agree that providing this privacy policy at any earlier time would substantially delay your use of VANs. Certain information about your account and the transactions you make may be disclosed in accordance with the Gramm-Leach-Bliley Act to departments within our organization, to processors, creditors, banks, and/or other third parties. We will make such disclosures: where it is necessary to complete a transaction; in order to verify the existence of the VAN and Funds for a third party (i.e., a credit bureau or merchant); in order to comply with government agencies, court orders, or other legal reporting requirement; if you give us your written permission; or as otherwise provided by law.

Contact Information and Business Days and Hours

11. For service inquiries and/or to report any unauthorized use of a VAN from your account, call Shop Shield Customer Service at 1-888-997-4435, Monday through Fridays from10 AM to 10 PM, Saturdays and Sundays from 12 Pm to 6 PM (al Eastern times),

12. Program Information. You are electing to participate in the Dollar Bank Virtual Account Number program that may be discontinued at some time in the future.

13. Legal Proceedings. If Dollar takes legal proceedings against you because of a default in any of the terms of this Agreement; you agree to pay reasonable attorneys' fees and all other costs of the proceedings. Your responsibility for fees and costs shall not exceed the maximum amount allowed by law.

14. VAN Expirations. One Time Use VANS will expire upon completion of a sale. Travel VANs will expire upon completion of the travel reservation. Reusable VANS will expire 12 months from their date of issue

15. No Resale. Resale of VANs is strictly prohibited.

16. Our Liability

A. If we do not complete a transfer of funds to or from your VAN on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. with some exceptions. We will not be liable, for instance:

(i) If, through no fault of ours, you do not have enough money in your chosen method of payment to make the transfer.

(ii) If, through no fault of ours, the merchant is unable to accept payment.

(iii) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
(iv)There may be other expectations stated in this Agreement or your Member Agreement with Kemesa.

17. Reoccurring Payments

A. Type of VANs- You must use a reusable VANs in order to make recurring payment

B. Right to stop payment and procedure for doing so. If you have recurring payments with your VAN, you can stop any of these payments by calling Shop Shield® Customer Service at 1-888-997-4435, provided that Kemesa receives your request at least three (3) business days before the payment is scheduled to be made. Kemesa may require you to confirm your request by email (service@shopshield.net) before your request takes effect.

18. Arbitration

By requesting a VAN from us and accepting this Agreement, you agree that any claim, dispute or controversy (whether in contract, regulatory, tort, or otherwise, whether pre-existing, present or future and including constitutional, statutory, common law, intentional tort and equitable claims) arising from or relating to your use of Shop Shield® , that cannot be resolved through our normal customer service process shall be resolved by alternative dispute resolution procedures such as mediation, followed by binding arbitration if the former process is unsuccessful. You agree that such binding arbitration shall be administered by the American Arbitration Association or JAMS, in accordance with their applicable rules in effect when the claim is filed. Arbitration can only decide our or your Claim and may not consolidate or join the claims of other persons who may have similar claims. You agree that the arbitration may be conducted by telephone, online, and/or based solely upon written submissions where no in–person appearance is required.

In addition, you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration. Other rights that you would have if you went to court may also not be available in arbitration. It therefore is important that you read this entire Arbitration Provision carefully before accepting the terms of this Agreement.

Notwithstanding any language of this Agreement to the contrary, should any portion of this Arbitration provision be held invalid or unenforceable by a court or other body of competent jurisdiction, this entire Arbitration provision shall be automatically terminated and all other provisions of this Agreement shall remain in full force and effect

19. Notices. All notices, demands or other communications required or permitted to be given hereunder shall be in writing by United States mail, registered or certified, return receipt requested, postage prepaid, addressed as follows; or overnight courier service by which receipt may be confirmed, charges prepaid, addressed to Dollar Bank as follows: Dollar Bank Inc; 3 Gateway, 9 West; Pittsburgh, PA 15222