Cardholder Terms and Conditions
This is the Gift Card Agreement ("Agreement"). Please read it carefully and keep it for your records. By accepting and using your gift card you agree to be bound by these terms and conditions. In this Agreement "Gift Card" means your gift card issued by MainGate (MG). "You" and "Your" mean the customer to whom we issue one or more Gift Cards and anyone else authorized to use the Gift Cards. "We", "us", and "our" mean MainGate (MG), our successors, affiliates or assignees.
Using your Gift Card: This Gift Card is not a credit card. The Gift Card is not connected in any way to any other account and is not FDIC insured. The amount of your Gift Card denomination, less the amount of any purchases you make and any charges you incur pursuant to this Agreement is called your Available Funds. You may only use your Gift Card when you have Available Funds, and only up to the amount of your Available Funds. You may perform point­-of-sale or over-the-counter transactions at the MainGate store locations listed on this web page. This Gift Card cannot be used to obtain cash, illegal transactions, and on-line gambling activity. The Gift Card will remain the property of the MG and must be surrendered upon demand. The Gift Card is non-transferable and non-refundable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law.
You may be able to use your Gift Card to:
1) Pay for purchases at places which owned or operated by MG;
2) Access your Available Funds information;
3) Access online Available Funds inquiries.
Use of Gift Card: The Gift Card is provided for your use, and you will (a) not make it available to anyone else; (b) use the Gift Card as instructed; (c) promptly notify us of any loss or theft of the Gift Card. Treat your Gift Card as you would cash. If your Gift Card is lost or stolen, it cannot be replaced. You should keep your Gift Card in a safe place. You are wholly responsible for the use of each Gift Card according to the terms of this Agreement.
Limitations on Transactions: You must have sufficient Available Funds to pay for all Gift Card transactions. If your purchase amount is greater than your Available Funds, the difference can be paid for with cash or credit card subject to the policy of MG. However, you must know your Available Funds and inform the MG merchant to process the card for no more than that amount. If the MG merchant attempts to process the Gift Card for more than your Available Funds, the transaction will generally be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Gift Card occurs due to a systems malfunction or otherwise, you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges.
Confirmation of Available Funds: Your Gift Card funds do not expire. You may confirm the amount of your Available Funds remaining on your Gift Card by visiting our web site www.MainGateInc.com/giftcard or by calling 1-866-794-4839.
Service Fees: If your card has been inactive for 12 months, we will apply an inactivity fee each month after the 12 months of $2.00 per month. We are not responsible for lost or stolen cards; however, in instances in which a new Gift Card is issued, a shipping and handling fee may be imposed.
Failure to Complete Transactions: If we do not complete a Gift Card transaction on time or in the correct amount according to this agreement with you, we may 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 Available Funds to make the transaction;
2) 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;
3) If access to your Gift Card has been blocked after you reported your Gift Card lost or stolen;
4) If circumstances beyond our control (such as fire or flood or computer or communication failure) prevent the transaction, despite reasonable precautions that we may have taken; and
5) Any other exception stated in our Agreement with you.
Privacy of Information: We may disclose information to third parties about your Gift Card or the transactions you make:
1) Where it is necessary for completing transactions; or
2) In order to comply with a government agency request, court orders, or other legal reporting requirements; or
3) If you give us your written permission; or
4) To our employees, auditors, affiliates, service providers, or attorneys as needed.
Returns: If you are entitled to a refund for any reason for goods or services obtained with a Gift Card, you agree to accept credits to your Gift Card for such refunds. Return and refund policies are dependent on the MG merchant from whom the purchase was made.
Amendment, Cancellation: We may amend or change the terms 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 this Agreement at any time. You may cancel this agreement by returning the Gift Card to us. Cancellation will not affect any of
our rights or your obligations arising under this Agreement prior to cancellation.
Other Terms: Your Gift Card and your obligations under this agreement may not be assigned. We may transfer our rights under this agreement. Use of your Gift 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 Gift Card is issued by MG pursuant to a license from Visa. This Agreement will be governed by the law of the State of Indiana except to the extent governed by federal law. You must notify us immediately, in writing, if your address has changed. Write to us at MainGate Inc., Attn: Gift Card Customer Service, 7900 Rockville Road, Indianapolis, IN 46214, call us at 1-800-745-6472 or contact us at our web site at www.MainGateInc.com/giftcard. Failure to do so may result in information regarding your Gift Card being sent to the wrong person. In such event, we shall not be responsible for any resulting misuse of your Available Funds.
If any term of this agreement is found by a court to be illegal or non-enforceable, all other terms will still be in effect.
The Following Notice Contains Information About Your Right to Dispute Errors:
In case of errors or questions about your transactions, call or write as soon as you can if you think your receipt is wrong or if you need more information about a transaction listed on the receipt. We must hear from you no later than 60 days after you obtained the receipt on which the problem or error appeared. The following information must be contained in that notice:
1) Tell us your name and Card number;
2) 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; and
3) Tell us the dollar amount and transaction date of the suspected error.
If you tell us orally, we require that you send us your complaint or questions in writing within 5 business days (Monday-Friday, excluding holidays). We will tell you the results of our investigation within 30 days. Write to us at MainGate Inc., Attn: Gift Card Customer Service, 7900 Rockville Road, Indianapolis, IN 46214.
Your Liability for Unauthorized Transactions:
Contact us at once if you believe your Gift Card has been lost or stolen. Call or write to us at the address or telephone number listed below. Telephoning is the best way to minimize your possible losses. Call 1-800-745-6472 or write to us at MainGate Inc., Attn: Gift Card Customer Service, 7900 Rockville Road, Indianapolis, IN 46214.
While we are happy to answer your questions about transactions, please remember that your Gift Card is like cash, and you will be considered to have authorized any transaction by anyone using your Gift Card or Gift Card number.