ERIC BEASLEY CARDS TERMS & CONDITIONS
Effective January 18, 2022
This Eric Beasley Card Agreement ("Agreement") is between you and Eric Beasley Company ("we" or "us") and describes the terms and conditions that apply to your Eric Beasley Card. By buying, loading, or using your Eric Beasley Card, you agree to these terms.
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This Agreement includes an Arbitration provision that governs any disputes between you and us. This provision will:
Eliminate your right to a trial by jury; and
Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your Eric Beasley Card by electronic means, including posting such materials online.
ABOUT YOUR ACCOUNT
We issue the Eric Beasley Card to you. It allows you to load a dollar value onto your Eric Beasley Card for use at participating Eric Beasley stores. The dollar value that you load onto your Eric Beasley Card is a prepayment for the goods and services of participating stores. We offer the Eric Beasley Card to make it easier for you to shop with us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your Eric Beasley Card is nonrefundable and may not be redeemed for cash. The value on your Eric Beasley Card is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.
Most Eric Beasley stores accept your Eric Beasley Card. Certain Eric Beasley-branded locations may not permit you to use the Eric Beasley Card for payment, including some airport, grocery and bookstore locations, or stores in Guam. To find out if a store will accept the Eric Beasley Card as a payment method, please inquire at that store or visit our Find Store page. Any store that lists "Digital Rewards" as one of its amenities is a store that accepts the Eric Beasley Card.
Eric Beasley Cards are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use Eric Beasley Cards under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
LOADING VALUE ON YOUR CARD
In the United States and Canada, you can load value on your Eric Beasley Card by visiting any participating store, going online to our website or by emailing us. There may be a delay from the time you pay the amount to be loaded onto your Eric Beasley Card and those funds being available for use.
You may not have more than $500 in value on any of your Eric Beasley Cards at any time, and no more than $2,000 may be associated with any one Eric Beasley Card in a single day. This means that the activity on any one of your Eric Beasley Cards cannot exceed $2,000 over the course of a day. The total value you may load onto all of your Eric Beasley Cards, together with the value of any new Eric Beasley Cards that you may purchase, may not exceed $10,000 on any given day. There is a minimum amount that you may load on any Eric Beasley Card at any given time, and that amount is typically $5. We may change any of these amounts at any time without notice to you. You do not receive cash back ounce you put money on your Eric Beasley card in any way or form unless under special reason.
If you use a credit or debit card to purchase or reload your Eric Beasley Card, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction ("Transaction"). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or Eric Beasley may attempt to contact you for additional information prior to authorizing the Transaction amount.
For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is canceled, Eric Beasley will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.
All amounts loaded onto your Eric Beasley Card are denominated in the currency of the country in which it was sold (the "base currency"). Eric Beasley Cards purchased in the United States may also be used in Canada, England, Scotland, Wales, Republic of Ireland, Northern Ireland, Mexico and Australia. When you make a purchase in a different country, the Transaction total is converted from the currency of that country (the "local currency") to the base currency and deducted from your Eric Beasley Card balance. No fees or other charges are made to your Eric Beasley Card for the currency conversion. However, note that your bank or card provider may charge you a separate fee if you are using a credit or debit card or other accepted payment method to load your Eric Beasley Card outside of the U.S. Eric Beasley does not receive any portion of, and does not have any control over, any such fee. Although the actual balance of your Eric Beasley Card is kept in the base currency, the balance shown on your receipt will be in the local currency of the store location. Transactions that occur on our website are denominated in U.S. dollars. Currency conversions are based on currency exchange rates applicable on the date of the Transaction.
USE OF ERIC BEASLEY CARDS BY BUSINESSESS
There are unique requirements and restrictions on the use of Eric Beasley Cards by businesses such as the prohibitions against reselling Eric Beasley Cards and using Eric Beasley Cards to solicit new customers.
ERIC BEASLEY EGIFT CARD
The Eric Beasley eGift Card (also known as an "eGift") program allows you to purchase and send a virtual Eric Beasley Card via email, or via certain social media and messaging platforms. You may choose the design and dollar value (within certain limits) and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You may choose when to have your eGift delivered the same day, provided that your form of payment is approved. You authorize us to charge your credit card, debit card or other chosen electronic payment method at the time you purchase your eGift regardless of the date you choose for delivery.
On the requested delivery date, we will send the recipient of your eGift an email notifying them that they have received an eGift from you. The recipient will have the option of adding the eGift to their Eric Beasley account, transferring the balance onto an existing Eric Beasley Card or printing out the eGift and bringing it into a Eric Beasley store to make a purchase. The recipient will also have the option to register the eGift for use with Eric Beasley mobile applications. We will also send you an email confirming receipt of your eGift when the recipient opens the eGift email. An eGift is like any other Eric Beasley Card and should be treated like cash by the recipient.
Each eGift has a unique Eric Beasley Card number associated with it no matter how many times the email is printed out. We will only give refunds for unused eGifts with the original receipt.
If you have any questions or concerns about the status of an eGift, please email us.
From time to time, we may, in our sole discretion, run promotional programs associated with the Eric Beasley Card program ("Promotions"). Such Promotions are subject to these terms, as well as additional terms as indicated in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating the Promotion.
FEES AND EXPIRATION OF CARD BALANCES
We do not charge any activation, service, dormancy or inactivity fees in connection with your Eric Beasley Card. There is a 5% + $2 fee when purchasing a new card. Your Eric Beasley Card has no expiration date nor does the value on your Eric Beasley Card ever expire until 36 months after purchasing date.
ERIC BEASLEY CARDS THAT ARE ALSO MERCHANDISE
Some Eric Beasley Cards are also merchandise or are bundled with merchandise, such that the purchase price of the bundled item is equal to the dollar value loaded onto the Eric Beasley Card plus the retail value of the merchandise component. Although the Eric Beasley Card component and the merchandise component must be purchased together for such items, to the extent that the components are separable, we may in our sole discretion allow returns of the merchandise component if you choose to keep only the Eric Beasley Card. In cases where the merchandise component is inseparable from the Eric Beasley Card, we may in our sole discretion allow you to return the item by issuing you a refund for the value of the merchandise component and a replacement Eric Beasley Card loaded with the original value of the Eric Beasley Card component. In either case, the requirements for returning the merchandise component are the same as the requirements for returns of other merchandise unless otherwise specified by us during your purchase of that merchandise.
BILLING ERRORS AND CORRECTIONS
We will correct the balance of your Eric Beasley Card if we believe that a clerical, billing, or accounting error occurred. If you have questions regarding your Transaction history or any correction, or if you wish to dispute any Transaction or correction that has been applied to your Eric Beasley Card, please email Customer Service at. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any errors promptly after we finish our review. If we do not find any errors, we will explain what we found. We have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the Transaction in question.
FRAUD ASSOCIATED WITH ERIC BEASLEY CARD OR CARD BALANCE
We will not accept any Eric Beasley Card, or will limit use of any Eric Beasley Card or Eric Beasley Card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Eric Beasley does not control who may sell preloaded Eric Beasley Cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, Eric Beasley has no liability to you for any third-party fraud or unlawful activity associated with any Eric Beasley Card balance. If Eric Beasley discovers any Eric Beasley Card or Eric Beasley Card balance was sourced or derived from fraud or other unlawful means, we may in our sole discretion, cancel all impacted Eric Beasley Cards and retain all related Eric Beasley Card balances without notice to you. We may use retained Eric Beasley Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Eric Beasley Cards.
REGISTRATION, LIABILITY FOR UNAUTHORIZED TRANSACTIONS
When registering or purchasing a Eric Beasley Card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Eric Beasley Card. If you believe your Eric Beasley Card has been disabled in error, please email us. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your Eric Beasley Card information. All of your Eric Beasley Cards can be activated and registered for use in your Eric Beasley Rewards account, but you may only maintain one (1) such account at any time.
You should treat your Eric Beasley Card like cash and not disclose your Eric Beasley Card information to anyone. If your Eric Beasley Card or Eric Beasley Card information is lost or stolen, anyone who obtains possession of either may use your Card. You are responsible for all transactions on your Eric Beasley Card, including unauthorized transactions. However, if your Eric Beasley Card is lost, stolen or destroyed, your Eric Beasley Card can be replaced with the balance remaining on it at the time you contact us, but only if you have previously registered it with us.
If your registered Eric Beasley Card becomes lost, stolen, or damaged, report it as soon as possible either online through your Eric Beasley account at, or by emailing us. Your registered Eric Beasley Card balance is protected from the time you notify us. We will freeze the remaining balance on your Eric Beasley Card at the time you notify us and will load that remaining balance on a replacement Eric Beasley Card.
CHANGES TO THIS AGREEMENT
We may amend this Agreement at any time. We will post the amended Agreement to our website and for a period of thirty (30) days after we post the amended Agreement, we will also post a notice on our website stating that the terms of this Agreement have changed. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing Eric Beasley Cards. You are deemed to accept the changes, additions or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use any of your Eric Beasley Cards after such notice period. If you notify us that you do not accept the changes, additions or deletions, we will cancel your Eric Beasley Cards and refund any remaining balance to you.
CANCELLATION OF THIS AGREEMENT
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Eric Beasley Card including your failure to provide valid information. For example, transferring balances between different Eric Beasley Cards solely for the purpose of obtaining cash back is an unauthorized use of the Eric Beasley Card and if we deem it appropriate to limit our losses we will cancel any such Eric Beasley Card and retain any balances associated with those Eric Beasley Cards. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your canceled Eric Beasley Card(s), less any amounts that you may owe us.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Eric Beasley Card Agreement, your Eric Beasley Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the Eric Beasley Card and your relationship with Eric Beasley or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Eric Beasley will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
Governing Law – Delaware
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware notwithstanding any conflict of law rules.
DISCLAIMERS AND LIMITS OF LIABILITY