Blackhawk Network, Inc.

Terms and Conditions for Mobile Telephone Refill

IMPORTANT – PLEASE READ CAREFULLY

You may use our service to refill (or “top up”) mobile telephone accounts with certain carriers. This service is available through www.wirelessairtime.com (the “Refill Website”). The following terms and conditions apply to your use of the mobile refill service (the “Refill Service”).

By using the Refill Service, you agree to these Terms. If you do not agree to these Terms, do not use the Refill Service. We may change these Terms as described in Section 16 below.

In these Terms, “you” and “your” mean any person authorized to use the Refill Service. “We,” “us,” and “our” mean Blackhawk Network, Inc. (the provider of the Refill Service), and our successors, affiliates, or assignees.

1. How the Refill Service Works.

When you visit the Refill Website, you will find instructions on how to refill your mobile telephone account. First, you must select your carrier and the amount of money or airtime you wish to add to your account. Next, you must enter (i) the telephone number of the mobile account you want to refill and (ii) your payment information (credit card or debit card). For merchants that offer earning opportunities such as fuel points, you should also enter the appropriate ID.

You will then receive a confirmation page, which will display your purchase and the applicable tax, which will be added to your purchase amount. When you click on “Submit” from this page, your transaction will be completed, and you will receive a receipt.

The charge on your credit or debit card statement will appear as Wireless Airtime.

2. Using the Wireless Airtime Account Feature.

You have the option to create an account with Wireless Airtime (a “Refill Account”). This is different from any account you may have with the participating merchant. By creating an account, you will be able to: (i) store your various mobile telephone accounts for easy access; (ii) store one or more credit or debit cards for payment; (iii) if applicable, store your ID to earn loyalty points from your merchant(e.g, fuel points); (iv) view your transaction history using the Refill Service; and (v) elect either one-time or recurring telephone refills.

3. Fees.

There are no fees for the Refill Service. However, applicable state and local taxes will apply and will be added to your purchase amount.

4. Disclaimer of Warranties.

We are not responsible for the quality, safety, legality, or any other aspect of any transactions you make using the Refill Service. From time to time, the Refill Service may be inoperative. Please notify us if you have any problems using the Refill Service. You agree that we are not responsible for any interruption of service.

5. Privacy and Information Sharing.

Our Privacy Policy explains how we collect your personal information and with whom we may share it. Without limiting our rights under the Privacy Policy, we may disclose information to third parties about you or the transactions you make: (1) Where it is necessary for completing transactions; (2) In order to verify the existence and condition of the funds associated with the credit or debit card you use; (3) In order to comply with government agency, court order, or other legal reporting requirements; (4) With your permission; or (5) To our employees, auditors, affiliates, service providers, or attorneys as needed.

6. Security.

If you establish a Refill Account, you agree not to provide your password or make it or any other means to access your Refill Account available to any unauthorized person. You are responsible for all transactions you authorize. If you permit other persons to use your Refill Account or give them your password or other means to use your Account, you are responsible for any transactions they authorize. If you believe that your password(s) or other means to access your Refill Account have been lost or stolen or that someone else has used or may attempt to use your Refill Account without your permission, you should notify us at once by calling (408) 606-5439.

Here are some tips for keeping your information secure:

  • Use Your Own Computer. It is generally safer to access your information from your own computer. Avoid using public computers to access your information. Public computers may contain software that captures passwords and PINs, providing that information to others at your expense. If you do use another computer, be sure to delete your “Temporary Internet Files” or “Cache” and clear all of your “History” after you log off your account. You should occasionally check to make sure that no one else has attached any device or added programs to your computer without your knowledge or consent. Consult the Help function on your browser and operating system to learn how to delete this information.
  • Protect Your Passwords. Do not share your passwords or PINs with others. When you give someone your ID and password, you are responsible for any transactions that person performs. We may suspend or cancel your password if we suspect your password is being used in an unauthorized or fraudulent manner. For your protection, sign off after every session and close your browser to ensure confidentiality.
  • Log Out Completely. Always click the “Sign Out” button at the upper right hand corner of the page to terminate your access to your Refill Account. Access may not be terminated if you simply close or minimize your browser or type in a new web address when you’re done using your online account. Other users of the computer might be able to re-enter the site and have access to your information online if you do not properly log out. If you must visit another site while you are logged into your Refill Account, use a different type of browser rather than opening another window.
  • Wireless Connections are not 100% secure. Wireless networks may not provide as much security as wired Internet connections. In fact, many "hotspots" — wireless networks in public areas like airports, hotels, internet cafes and restaurants — reduce their security settings so it is easier for individuals to access and use these wireless networks. This increases the possibility that someone may intercept your information.
  • Secure Your Confidential Documents. Keep all your important documents in a secure place, and be careful how you dispose of any documents with financial or other confidential information. Shred documents that have confidential financial or identification information before throwing them away.
  • Safeguard Your Social Security Number. Do not use your Social Security number as a username, password or PIN, and make sure that it does not appear on your printed checks. If your Social Security number appears on your driver’s license, be sure to ask your state’s Department of Motor Vehicles whether it can use an alternative number. Keep your Social Security card in a safe place and avoid carrying it with you. You should also be sure to safeguard the social security numbers of any dependents.
  • Do a Periodic “Identity Theft” Check. Reviewing your credit report may alert you to inaccuracies and unauthorized activity. You can obtain a free credit report every 12 months from three different credit bureaus. If you think that your personal information has been stolen, immediately contact your bank to notify them of the problem.

7. Other Terms.

This Agreement will be governed by the law of the State of California except to the extent governed by federal law. Your rights and obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement in our discretion. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties. Use of your Refill Account is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions you make. We will not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by us. We do not waive our rights by delaying or failing to exercise them at any time. 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. You acknowledge that we shall not be responsible for any failures, delays or other issues of any kind caused by reasons beyond our reasonable control, including but not limited to acts of God, earthquakes, strikes or shortages of materials.

8. Amendment and Cancellation.

We may amend or change these Terms at any time with or without notice to you, subject to applicable law. The current Terms can be found at www.wirelessairtime.com or by calling (408) 606-5439. It is your responsibility to review these Terms and Conditions periodically for any changes. Unless applicable law requires us to notify you, your continued use of the Refill Service following any amendment will signify your acceptance of and agreement to any revised Terms and Conditions. If applicable law requires us to notify you, we will do so via the e-mail address for your Refill Account.

We may cancel or suspend your Refill Account at any time without notice for any reason (for example, if we suspect fraud or unauthorized activity), subject to applicable law.

9. Telephone Monitoring/Recording.

From time to time, in accordance with applicable law, we may monitor and/or record telephone calls between you and us to assure the quality of our customer service, for security purposes, or as required by applicable law.

10. Arbitration.

(a) Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

(b) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) any transactions you make or attempt to make using the Refill Service; (ii) your Refill Account; (iii) advertisements, promotions or oral or written statements related to the Refill Service or to transactions made using the Refill Service; and (iv) the benefits and services related to the Refill Service. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court. As used in the Arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with the Refill Service (including, but not limited to mobile telephone carriers, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use the Refill Service, including but not limited to all persons or entities contractually obligated under any of the Agreements.

(c) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”), or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

(d) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, UNLESS REQUIRED BY APPLICABLE LAW, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS, OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

(e) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Refill Service users, or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

(f) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

(g) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

(h) Continuation: This Arbitration Provision shall survive termination of your Reloadit Pack as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

11. Customer Service

For customer service, please call us at (408) 606-5439 or write us at Wireless Airtime Customer Service, 6220 Stoneridge Mall Road, Pleasanton CA 94588.

© 2015 Blackhawk Network California, Inc. All rights reserved.