Terms & conditions

RADCard Agreement

Terms and Conditions of Service 

This document constitutes the agreement (“Agreement”) between you (“Cardholder”) and The Modesto Improvement Partnership, Inc. a California non-profit public benefit corporation (“DOMO”), outlining the terms and conditions under which the RAD Card (“RAD Card” or “Card” or “Card Account”) has been issued to you. By creating an account and accepting and using the RAD Card, you agree to be bound by the terms and conditions contained in this Agreement. 

 

1.     AUTHORIZED USERS.  You are responsible for all transactions initiated/incurred by use of your RAD Card. You are wholly responsible for the use of your RAD Card according to the terms and conditions of this Agreement.  If you permit another person to have access to your personal or portable electronic device containing the RAD Card, or if some third party comes into possession of such device or gains control or access thereto, you are responsible for and will not receive a refund or payment from DOMO for any transactions initiated. All transactions initiated on your Card will be treated as if you authorized such use.

 

2.     CARD USAGE.  The RAD Card can be used to purchase goods and/or services at participating businesses, up to but not exceeding the dollar amount on the RAD Card at the time of purchase. The participating businesses accepting the RAD Card has and is expected to change over time. A list of participating businesses accepting the RAD Card can be found at: https://www.discoverdomo.com/rad

 

2.1.     Loading the Rad Card.  Your Card Account may be loaded by electronic funds transfer through the RAD Card application (“Loaded Funds”). In performing/authorizing such transfers, you are wholly responsible for any transfer fees or costs that may be incurred or imposed by a third party institution. 

 

2.2.     Promotional Funds: At times, DOMO or the RAD Card application may advertise “matched,” “donor,” or “bonus” funds on a promotional basis (collectively “Promotional Funds”). Promotional Funds, when available, may be added to your Card Account (e.g. if you deposit $100 into your Card Account $100 of “donor funds” will match such deposit). Promotional Funds are made, given, and or applied on a promotional basis and must be used in accordance with the terms of the promotion as specified by the donor. Promotionional funds are intended to be used as follows: one user per promotion. The Cardholder has no expectation to the retention, payout, or continued access to or use of Promotional Funds.  The Cardholder acknowledges that he/she has not, and cannot rely on or have any expectation as to the availability or use of Promotional Funds; Promotional Funds may be withdrawn, recouped, rescinded, or otherwise cancelled and reclaimed by DOMO at any time. 

 

2.3.     Application of Funds: Any purchases made with your Card will first use the available balance of Promotional Funds on the Card Account. Until Promotional Funds or any other funds that the Cardholder did not directly pay for/transfer to their Card Account are exhausted, no Loaded Funds will be used/applied. Only when the Cardholder depletes the Promotional Funds in their Card Account will Loaded Funds be used/applied. For example, if the Cardholder deposits $100 into their Card Account as Loaded Funds, and receives $100 of Promotional Funds (total Card Account balance of $200), and spends $97 in applicable purchases, the Cardholder would have $3 of Promotional Funds and $100 of Loaded Funds remaining, assuming the Promotional Funds were still active. 

 

2.4.     Cash Access.  You may not use your Card to obtain cash from an Automated Teller Machine (“ATM”), Point-of-Sale (“POS”) device, electronic funds transfer (i.e. Venmo, Apple Pay etc.), or by any other means. For example, you may not use your card to purchase money orders or for other quasi-cash transactions. 

 

2.5.     Not a Gift Certificate. The RAD Card is not a gift card or gift certificate. The Rad Card may be used with multiple sellers of goods or services. 

 

3.     RETURNS AND REFUNDS.  If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card Account for such refunds and agree to the refund policy of that merchant. DOMO is not responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

 

4.     RECEIPTS.  You should get a receipt at the time you make a transaction using your Card. You agree to retain, verify, and reconcile your transactions and receipts.

 

5.     ACCOUNT BALANCE.  You are responsible for keeping track of your Card Account available balance. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction. 

 

6.     FAILURE OF TRANSACTION(S).  If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will 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 funds available in your Card Account to complete the transaction;

(2) If a merchant refuses to accept your Card;

(3) 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;

(4) If access to your Card Account has been blocked after you reported your Card lost or stolen;

(5) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;

(6) If we have reason to believe the requested transaction is unauthorized;

(7) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or

(8) Any other exception stated in our Agreement with you.

 

7.     INFORMATION TO THIRD PARTIES.  We may collect and disclose information (including personally identifiable information) to third parties about you, your Card and the transactions related to your Card (“Cardholder Information”).

 

7.1  California Consumer Privacy Act Disclosure: To the extent DOMO receives personal information on the Cardholder’s behalf that is subject to the California Consumer Privacy Act (“CCPA”), DOMO: (a) certifies that it understands and will comply with its obligations as a service provider under the CCPA, and (b) will not: (1) sell such personal information, or (2) retain, use, or disclose such personal information other than for the specific business purpose of performing the services for Cardholder as contemplated under the Agreement or as otherwise permitted by the CCPA. Cardholder is responsible for ensuring its compliance with the requirements of the CCPA in its use of the services, products and deliverables DOMO provides to Cardholder and its own processing of personal information. The terms used in this Section 7.1 and not otherwise defined in the Agreement have the meanings given under the CCPA.

 

7.2  Types of information we may collect includes, but is not limited to:

a.  Information about purchases made with the Card, such as date of purchase, amount and place of purchase;

b. Information you provide to us when you apply for a Rad Card, when you register your Card Account, or when you contact us with customer service issues, such as name, address, and phone number.

c. Information on your location enabling us to provide customized features with you, such as RAD Card businesses that are nearest to your current location.

d. Information on your credit card to enable funds to be loaded on to the Card for purchases, regardless of whether a match is provided through a Promotion.

e. Information allowing us to identify your device distinctly from others in order to provide push notifications pertaining to your use of the app and to track unique users to reduce the likelihood of fraud.

f. Information allowing us to track photos on devices for profile pages.

g. Information pertaining to business banking accounts providing the means for disbursing funds owed from customer purchases on a weekly basis.

7.4  The types of information we may disclose include:

a.     where it is necessary or helpful for completing a transaction;

b.     in order to verify the existence and condition of the Card for a third party (e.g., a merchant); 

c.     in order to comply with any law or to comply with requirements of any government agency or court order; 

d.     if you give us your written consent; 

e.     to service providers who administer the Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; 

f.      in order to prevent, investigate or report possible illegal activity; 

g.     in order to issue authorizations for transactions on the Card; and 

h.     as otherwise permitted by law. When you are no longer our customer, we continue to share your information as described in this notice.

 

8.     AMENDMENT. We may amend or change the terms and conditions of this Agreement at any time, subject to applicable law. 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 your Card or this Agreement at any time for any reason (for example, if we suspect fraud or unauthorized activity on your Card Account), subject to applicable law. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

 

8.1  In the event that your Card Account is cancelled, closed, or terminated for any reason and you have registered your Card with your personal information, you may request the unused balance, excluding Promotional Funds, be returned to you via a check to the mailing address we have in our records. Otherwise, you expressly authorize DOMO to transfer said funds, via electronic funds transfer, to the account on file with DOMO and/or the account(s) from which any Loaded Funds were transferred from. 

 

8.2  We may suspend or terminate your Card or the Rad Card program, and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. We may terminate your Card account due to your fraudulent or unauthorized use of the Card.

 

9.     NO WARRANTY.  DOMO is not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.

 

10.  ARBITRATION.  Except as barred or excepted by this Agreement, all claims and disputes between the Parties shall be resolved by binding arbitration in Stanislaus County, Modesto, CA. Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: i) this Agreement; ii) your Card; iii) the Cards of any additional Cardholders designated by you; iv) your purchase of the Card; v) your usage of the Card; vi) the amount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; viii) the benefits and services related to the Cards; or ix) transaction on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.

 

Arbitration shall be commenced by completing and filing with AAA a Demand for Arbitration form in accordance with the Commercial Arbitration Rules setting forth a description of the dispute, the amount involved and the remedy sought, and sending notice of the demand to the opposing Party. The arbitration shall be held before a single arbitrator, unless the amount in dispute is more than $10 million, in which case it will be held before a panel of three arbitrators. In a case with a single arbitrator, the Parties shall select the arbitrator by agreement within 30 days of the date the Demand for Arbitration is filed, and if the Parties are unable to agree on the selection of an arbitrator within such time, AAA shall select an independent arbitrator. In the case of a panel, within 30 days of the date the Demand for Arbitration is filed each Party shall select an arbitrator, and the two arbitrators shall select the third arbitrator, and if the two arbitrators are unable to agree on the selection of a third arbitrator within such time, AAA shall select an independent third arbitrator. The arbitrator or panel may not certify a class or conduct class-based arbitration. The decision of the arbitrator or panel shall be final and binding on the Parties. The award of the arbitrator or panel may be confirmed or enforced in any court having jurisdiction. Each Party shall assume its own costs related to the arbitration, including costs of subpoenas, depositions, transcripts, witness fees, and attorneys’ fees. The compensation and expenses of the arbitrator and administrative fees or costs of the arbitration shall be borne equally by the Parties. 

 

Small Claims: Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute within that court’s jurisdiction. Further, this arbitration provision shall apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.

 

11.  CONFLICTS AND GENERAL PROVISIONS.  In the event that there exists a conflict between any term, condition, or provision contained within this Amendment, and in any term, condition, or provision contained within the Agreement, the term, condition, or provision contained within this Amendment shall control.

 

This Agreement constitutes the entire agreement of the parties to this Agreement and supersedes all prior written or oral and all contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof. This Agreement may be executed in two or more counterparts, each one of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Agreement may not be amended or modified unless in writing by all of the parties hereto, and no condition herein (express or implied) may be waived unless waived in writing by each party whom the condition is meant to benefit. The section headings herein are for the convenience of the parties only and shall not affect the construction or interpretation of this Agreement.

 

12.  CHOICE OF LAW/VENUE. All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement and the exhibits and schedules hereto shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Any action brought by any party hereto shall be brought within the State of California, County of Stanislaus.

 

13.  ILLEGALITY. If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

14. LIMITATION OF LIABILITY

  1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DOMO AND OUR RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE RAD CARD OR ANY PURCHASES MADE WITH THE RAD CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

 

  1. ADDITIONALLY, YOU AGREE THAT DOMO AND OUR RESPECTIVE AFFILIATES SHALL HAVE NO LIABILITY FOR LOST VALUE OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE). IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A CARD ACCOUNT THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY; (B) ANY CIRCUMSTANCES BEYOND OUR CONTROL; (C) THE USE OF THE RAD CARD BEING SUSPENDED OR PROHIBITED BECAUSE IT HAS BEEN REPORTED LOST OR STOLEN, OR WE BELIEVE IT IS BEING USED SUSPICIOUSLY OR FRAUDULENTLY OR IS BEING SUBJECTED TO UNAUTHORIZED USE; (D) THROUGH NO FAULT OF OURS, YOUR NOT HAVING SUFFICIENT FUNDS ON A CARD ACCOUNT TO COVER A TRANSACTION; OR (E) INABILITY TO USE A CARD ACCOUNT BECAUSE OUR SYSTEM IS NOT WORKING PROPERLY. YOU AGREE THAT WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE. IN THE EVENT THAT WE OR OUR RESPECTIVE AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT LOADED ONTO YOUR RAD CARD.