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or casino gaming chips/checks or off-track betting or wagering. Display of a payment card logo by an online merchant or acceptance of a Visa Card by an online merchant does not necessarily mean that the transaction is legal in the jurisdiction in which you are located. In the event that a charge or transaction described in this paragraph is processed, you will still be responsible for such charges. Any such illegal or other prohibited use constitutes an unauthorized use and can result in cancellation and termination of your Account. You agree, should illegal use occur, to waive any right to sue us in connection with such illegal use and to indemnify and hold us harmless from any action or liability, including attorney's fees and costs, directly or indirectly arising out of such illegal use.
REWARDS PROGRAM.
(a) Reward Points. If you are enrolled in the Rewards Program for your Account, Rewards points will only apply to net Purchases (Purchases minus returns and/or credits). Every dollar in qualifying Purchases, net of returns, charged to the Account earns one Participant Point ('Point'). No points are earned for finance charges, fees, Balance Transfers, Cash Advances, Convenience Checks, Foreign Transaction fees, insurance charges or other items posted to the Account.
(b) Loss of Accumulated Reward Points. Accumulated Rewards Points will be lost should any of the following occur: (i) we have reason to believe illegal activity has occurred or is occurring on your Account; (ii) your Account becomes 90 or more days delinquent; or (iii) you or the Joint holder of this Account causes HawaiiUSA to suffer a loss. In addition, Points earned in calendar year one will expire as of the last day of calendar year five. (For example, points earned in 2010 will expire on December 31, 2014.)
(c) Rewards Redemption. For travel related redemption, call toll free (800) 900.6160. For merchandise redemption, send your order form to: CURewards Awards HQ 2440 West 34th Street, Chicago, IL 60608-5134. The website to view the available merchandise is: www.curewards.com. Redemption is subject to availability.
(d) Program Rules. A complete set of Program Rules may be obtained at the CURewards website, through the HawaiiUSA website, http://hawaiiusafcu.com, or by contacting HawaiiUSA at (808) 534.4300, or toll free at (800) 379.1300.
(e) Termination. We reserve the right to terminate the Program at any time upon providing any notice required by applicable law. If terminated, we shall not be responsible or liable for any points you have earned and did not use prior to the end of the Program. Also, if your Account is closed for any reason, any unused accrued points will be forfeited.
CREDIT INFORMATION. You warrant that the information on any credit application that you have given us to get your Account or Card is correct. We may retain your application. You agree to notify us immediately if any information on your application becomes incorrect, including a change in your name, address, employment or financial status. You authorize us to investigate your credit standing when opening, renewing, or reviewing your Account. You authorize us to disclose information regarding your Account and our credit experience with you to credit bureaus and others to the extent permitted by law. You understand and agree that we may make changes to the terms of your Account based on information in your credit history. You understand that it is a violation of section 1014,
title 18, US Code, to make false statements or over-value security for the purpose of influencing the action of any federally insured credit union, including HawaiiUSA.
24. DEFAULT. You will be in default if: (1) you do not pay at least the Minimum Payment Due or other required payment by the Payment Due Date; (2) you violate any of the terms of this Agreement; (3) your creditworthiness is impaired; (4) you make any false or misleading statements in any credit application, credit update or other communication to us; or (5) you die, are declared incompetent or mentally incapacitated, become insolvent, or are the subject of bankruptcy or receivership proceedings. You agree to inform us if you become aware of any event or condition that may constitute a default as described in this paragraph. We have the right to demand immediate payment of the entire Account Balance if you default, subject to our giving you any notice required by law.
25. CLOSING OR SUSPENDING YOUR ACCOUNT; ACCELERATION. If you default, you understand and agree that we have the right to temporarily or permanently suspend any and all Account and Card privileges, and/or we may demand immediate payment of the Account Balance. We may close or suspend your Account at any time, without notifying you, as permitted by law. We are not liable to you for any transactions that are denied due to our decision to close, suspend or terminate your Account. You agree that you will not attempt to make a Purchase or obtain a Cash Advance after you have been notified that your privilege to use your Account has been terminated. You may close your Account at any time by notifying us in writing, and you must return all Cards that were issued for your Account. If we close or suspend your Account, or if you close your Account, you understand and agree that you remain obligated to repay the entire Account Balance. You understand and agree that interest charges at the APR as permitted under this Agreement will continue to accrue until you repay your entire Account Balance.
26. COLLECTION COSTS. To the extent permitted by law, you are liable to us for our legal costs if we refer collection of your Account to an attorney who is not our salaried employee. These costs may include reasonable attorneys' fees, as well as costs and expenses of any legal action.
27. LIABILITY FOR UNAUTHORIZED USE. If you notice the loss or theft of your Card, PIN or Account number, you should call us immediately at 1.800.654.7728, or write to us at: Credit Card Security Department, P.O. Box 31112, Tampa, FL 33631-3112. Telephoning is the best way of keeping your possible losses down.
You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50. Subject to investigation, verification of your claim, and account standing and history, you will have no liability for unauthorized Purchases made with your Card through Visa, unless you acted with gross negligence or fraud, or delayed in reporting unauthorized use. You agree that in the event of a lost, stolen, not received or counterfeited card or fraudulent activity on your Account, you and all parties given access to the Account will complete an affidavit of forgery in a form approved by the Credit Union. You also agree to assist us in determining the facts, circumstances, and other pertinent information related to any loss, theft or possible unauthorized use of your Card, PIN or Account number and to comply with such other procedures as we may require in connection with our investigation.
You are responsible for the safekeeping of your Card, PIN, and Account number.
28. STATEMENTS. Your Card or other Account activity will be reflected on your Statement. We will send you a Statement for each Billing Period in which Transaction activity has occurred on your Account. Your Statement will identify the merchant, electronic terminal, or financial institution at which transactions were made, but sales, Cash Advance, credit, or other receipts cannot be returned with the Statement. You agree to retain copies of such receipts furnished at the time of the transaction in order to reconcile your Statement. If you request a copy of any sales raft or similar document, a Statement fee of $5.00 may be imposed by us. This fee will not be imposed, however, if it was requested in connection with a billing error. Statements will be mailed or delivered electronically if you have agreed to receive notices from us in an electronic format.
29. INACTIVE ACCOUNT: If your Account does not have any activity for twenty-four (24) consecutive months, it will be considered an inactive account and your ability to take advances against your Credit Limit may be suspended. If your Account is inactive for twenty-four (24) consecutive months, we may close it.
30. RETURNS AND ADJUSTMENTS. If a merchant discloses a policy such as 'no returns,' 'no refunds,' 'no return or credit without receipt,' 'as is,' 'store credit only' or 'all sales final,' you will be bound by that policy when you use your Card to buy goods or services from that merchant. A merchant refund to your Account will post to your Account as a credit. We do not control when a merchant sends an Account credit. We will choose how to apply the credit to your existing Account Balance. If a credit fails to post to your Account, you may request our help in having the credit applied to your Account by sending us a copy of the credit receipts until the credit is properly applied to your Account. If your credits and payments exceed what you owe us, we will hold and apply this credit balance against future Transactions, or if it is $1.00 or more, refund it on your written request or automatically after six (6) months.
DISPUTES WITH MERCHANTS. We are not responsible for the refusal of any merchant or financial institution to honor your Card. If you have a dispute with a merchant or financial institution, you must make a good faith attempt to resolve the dispute with the merchant or financial institution. If you cannot do so, you must send written notice of the dispute to Customer Service, P.O. Box 31112, Tampa, FL 33631-3112 and to the merchant or financial institution. We will then investigate the dispute and take such action as required under the Federal Truth in Lending Act.
INVESTIGATIONS. You agree to cooperate fully with the investigation of any merchant dispute or unauthorized transaction regarding your Account, to file complete and truthful reports with criminal law enforcement agencies, and to give complete and truthful testimony. At our request, you agree that (1) we will be subrogated to, and you shall assign to us, all rights that you have against any merchant, financial institution, or unauthorized user, (2) you will do whatever is necessary to enable us to exercise our rights and will cooperate with us, and (3) you will not prejudice our rights. You further agree that we have the right to reverse any credits that we apply, and that you will indemnify and hold us harmless with respect to any dispute, to the full extent permitted by law.
33. CHANGE OF TERMS. This Agreement is the contract that applies to all Transactions on your Account even though the sales, cash advance, credit, or other slips you sign or receive may contain different terms. Subject to applicable law, you understand and agree that we may amend, modify, add to, or delete from this Agreement any of its terms and conditions, including financial terms, including rates and fees by providing notice as required by law. The new terms will apply to your existing Account Balance and all fees and charges accrued at the time of the change as well as to any future Transactions, to the extent permitted by applicable law.
34. VISA ACCOUNT UPDATER (VAU). VAU is an account updating service in which your Card is automatically enrolled. When your Card expires, is lost or stolen and a new Card is issued, the service may update relevant Card data (Card numbers and expiration dates) to appropriate merchants who participate in an effort to facilitate uninterrupted processing of your recurring charges. This service provides updates to a Visa database only. The database is accessed by those qualified merchants seeking your Account information after you have requested they process a recurring payment or payments. This service is provided as a free benefit to you. If at any time you wish to opt-out of the VAU service or if you have any questions, please call (808) 534.4300 or (800) 379.1300- to do so.
35. NOTICE
(a) To Us. If there is any Notice that you need to give to us, call us during our business hours at (808) 534.4300 on Oahu, or toll free at (800) 379.1300, or write to us at: HawaiiUSA Federal Credit Union, 1226 College Walk, Honolulu, HI 96817-3946.
If you email us, we may not immediately review it. We will not take action based on email requests until a Credit Union employee reads the email and has a reasonable opportunity to act. Do not include any personal or confidential information in any email that you send to us, whether through online banking or through a different email provider.
We will never contact you by email, telephone, mail or other type of correspondence and request your account number, PIN, password, username, or other access code. If you are contacted by anyone asking for your account number, PIN, password, username or other access code, you should refuse and immediately contact us. You may be the target of identity theft.
(b) To You. If you move, you must give written notice of your new address. Whenever we are required to give you notice for something, we will mail it to you at the address we have for you in our records. If you sign up for electronic statements, notice may be provided by email. If there is more than one person on the Account, notice to any one of you constitutes notice to all of you.
36. APPLICABLE LAW; VENUE. Your Account was approved and issued in the State of Hawaii, and all extensions of credit are being made from the State of Hawaii. You agree that the laws of the State of Hawaii (without regard to conflict of laws provisions) apply to this Agreement, to the Account and to use of the Card, wherever that takes place. Any action with respect to this Agreement, the Account or use of the Card may be brought or transferred to federal or state courts located in Honolulu, Hawaii.
RENEWALS. If you move out of the State of Hawaii, your Account may not be renewed.
38. NONTRANSFERABILITY. You may not transfer or assign your Account or Card without our prior written consent, which we may withhold in our sole discretion. We may sell, transfer or assign this Agreement and your Account to a third party at any time without notifying you.
SEVERABILITY AND FINAL EXPRESSION. This Agreement is the final expression of the terms and conditions of your Account. This Agreement may not be contradicted by evidence of any alleged oral agreement. If any provision in this Agreement is found to be invalid or unenforceable, all other provisions shall remain in full force and effect.
INTEGRATED DOCUMENTS. Any separate sheet of paper identified as an 'Addendum' or 'Amendment' to this Agreement is an integrated part of the Agreement.
BUSINESS DAYS. Our Business Days and hours at our Main Branch are Monday to Friday, 9:00 am to 5:30 pm, and Saturday, 8:30 am to 2:30 pm. Holidays are not included.
COPY RECEIVED. You acknowledge receipt of a copy of this Agreement and agree to accept its terms.
PINK PLATINUM CHARITABLE BENEFITS: This section applies if you have a Pink Platinum Credit Card Account. Use of the HawaiiUSA VISA Pink Platinum Credit Card results in donations to charity. We will donate 0.10% (10 cents for every $100) of all net Purchases (less returns) made with the Card to charity. We may increase this amount during promotional periods. We will donate up to $20,000 of net Purchases annually. We have designated the Making Strides Against Breast Cancer® program of the American Cancer Society as the current charitable recipient. We reserve the right to change the charitable recipient or to terminate the charitable program at any time. No change will affect donations previously made.
VISA SHARE SECURED CREDIT CARD: If you have signed a separate Share Pledge Agreement, you understand and agree that you are pledging funds now on deposit in a deposit account you have with us. You understand that you must, at all times, keep a sum equal to your credit limit on deposit in the designated deposit account identified on the Share Pledge Agreement until you repay your entire Account Balance and the Account is closed. You understand and agree that this security interest will cover future Transactions under this Agreement. If you default, we may apply the pledged funds to repay your Account Balance in accordance with federal or other law. You understand that the APR applicable to your Account does not take into account the amount pledged in your designated deposit account.
ENFORCING THIS AGREEMENT. We will not lose our rights under this Agreement because we delay in enforcing them or fail to enforce them.
MEMBERSHIP REQUIREMENT. You understand and agree that you must be and remain a member in good standing with us to be eligible for continuing Account and/or Card privileges, including future Transactions. You understand and agree that we may suspend or close the Account and/or Card privileges during any period in which you do not maintain your membership with us.
NOTICE. See the statement below for important information regarding your right to dispute billing errors.
YOUR BILLING RIGHTS: KEEP THIS DOCUMENT FOR FUTURE USE
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
What to Do If You Find a Mistake on Your Statement
If you think there is an error on your Statement, write to us at Customer Service, P.O. Box 31112, Tampa, FL 33631-3112
In your letter, give us the following information:
Account information: Your name and account number.
Dollar amount: The dollar amount of the suspected error.
Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
Within 60 days after the error appeared on your Statement.
At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if you do, we are not required to investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
Within 30 days of receiving your letter, we must tell you that we received your letter. We also will tell you if we have already corrected the error.
Within 90 days of receiving your letter, we must either correct the error or explain why we believe the bill was correct.
While we investigate whether or not there has been an error:
We cannot try to collect the amount in question, or report you as delinquent on that amount.
The charge in question may remain on your Statement, and we may continue to charge you interest on that amount.
While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
I f we do not believe there was a mistake: You will have to pay
the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.
Your Rights if You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
The purchase must have been made in your home State or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at Customer Service, P.O. Box 31112, Tampa, FL 33631-3112.
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
PLATINUM VISA CREDIT CARD AGREEMENT AND DISCLOSURE
