This CannaCard® Agreement ("Agreement") is between you and CannaTrac Technology, Inc. ("we" or "us") and describes the terms and conditions that apply to your CannaCard®. By buying, loading or using your CannaCard®, you agree to these terms.
This Agreement includes an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, 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 CannaCard® by electronic means, including posting such materials online at https://thecannacard.com/home.
About Your Account
We issue the CannaCard® to you. It allows you to load a dollar value onto your CannaCard® for use at participating CannaCard® stores. The dollar value that you load onto your CannaCard® is a prepayment for the goods and services of participating stores. We offer the CannaCard® to make it easier for you to shop and to make your relationship with your retailer more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your CannaCard® is nonrefundable and may not be redeemed for cash. The value on your CannaCard® is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest. Participating CannaCard® stores in North America including Canada and Puerto Rico accept your CannaCard®. Certain CannaCard® locations may not permit you to use the CannaCard® for payment, including some retail, grocery and c-store locations, or stores located outside continental North America. To find out if a particular store will accept the CannaCard®, please inquire at that store. Also, when you locate a store online at http://www.theCannaCard®.com/stores, stores that list "CannaCard®" as one of their amenities are stores that accept the CannaCard®.
Loading Value on Your Card
In the United States, you can load value on your CannaCard® by visiting any participating store, going online to CannaCard® or by calling 1-844- 226-6287. There may be a delay from the time you pay the amount to be loaded onto your CannaCard® and those funds being available for use. You may not have more than $9,900.00 in value on any of your CannaCard® at any time, and no more than $1,999.00 may be associated with any CannaCard® in a single day. This means that the activity on your CannaCard® cannot exceed $1,999.00 over the course of a day. The total value you may have on your CannaCard® account, at any time, may not exceed $9,900.00. There is a minimum amount that you may load on any CannaCard® at any given time, and that amount is $25.00. We may change any of these amounts at any time without notice to you. At this time, if you use a checking account to purchase or reload your CannaCard®, prior to charging your checking account, an authorization process will occur for the amount of your purchase or reload transaction ("Transaction"). The authorization process will validate the checking account number, status, available funds and billing information to ensure that it matches what the bank has on file. Your bank or CannaCard® may attempt to contact you for additional information prior to authorizing the Transaction amount.
For checking accounts, once an authorization is received, you may notice a decrease in your available balance. Your bank may hold this dollar amount from your available balance for a short period of time determined by the policy of your bank before your Transaction is fulfilled. For a bank to 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 the guidelines your bank follows, your account will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, CannaCard® will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or checking account company to learn about their authorization and authorization reversal policies. All amounts loaded onto your CannaCard® are denominated in the currency of the country in which it was sold (the "base currency"). A CannaCard® purchased in the United States may NOT be used outside the Country of origin. Transactions that occur on our website are denominated in U.S. dollars.
To make reloading your CannaCard® easier, you can use our online reload feature. By linking a payment method to your CannaCard®, which you can access by logging into your account at https://thecannacard.com/home, you can reload your CannaCard® whenever you like. You can also reload your CannaCard® in-store or at a retail loading station.
Use of CannaCard® by Businesses
There are unique requirements and restrictions on the use of CannaCard® by businesses such as the prohibitions against unauthorized reselling of the CannaCard® and using the CannaCard® to solicit new customers without prior written consent. Please see the details on our site: https://thecannacard.com/privacy-policy.
From time to time, we may, at our sole discretion, we may run promotional programs associated with the CannaCard® ("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
CannaCard® does not charge an activation fee in connection with your CannaCard®. Your CannaCard® has no expiration date nor does the value on your CannaCard® ever expire. A fee of $0.95 will be charged to you on every load or reload of your CannaCard® account. If you opt to load your CannaCard via debit or credit card, the processing fees associated with this will be passed on directly to you:
Domestic Loads/Re-Loads = 2.9% + $0.30
International Loads/Re-Loads = 3.9% + $0.30
We reserve the right to modify these fees and terms at any time.
CannaCards That Are Also Merchandise
Some CannaCards 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 CannaCard® plus the retail value of the merchandise component. Although the CannaCard® 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 CannaCard®. In cases where the merchandise component is inseparable from the CannaCard®, we may at our sole discretion allow you to return the item by issuing you a refund for the value of the merchandise component and a replacement CannaCard® loaded with the original value of the CannaCard® 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.
When you use your CannaCard®, we will provide a history of your transactions. Please check your online transaction history regularly to ensure that your transaction history and account balance are correct. You can check the balance of your CannaCard® or review recent transactions on your CannaCard® by logging into your account at https://thecannacard.com/home or on your mobile app. You may need to have your CannaCard® available in order to access your account online. The account balance for a CannaCard® may also appear on your receipt from a point-of-sale register. We will not send you statements of activity on your CannaCard®.
Billing Errors, Corrections
We will correct the balance of your CannaCard® 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 CannaCard®, please call Customer Service at 1-844-226-6287. Assuming you provide sufficient details, we will review your claim and tell you what we find. We will correct any error promptly after we finish our review. If we do not find any error, 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 Five (5) days of the date of the transaction in question.
Fraud Associated with Your CannaCard® or Card Balance
We will not accept any CannaCard®, or will limit use of any CannaCard® or CannaCard® balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Consequently, CannaTrac has no liability to you for any third party fraud or unlawful activity associated with any CannaCard® balance. If CannaTrac® discovers any CannaCard® or CannaCard® balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel any impacted CannaCard® account and retain all related CannaCard® balances without notice to you. We may use retained CannaCard® 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 the CannaCard® account.
Registration, Liability for Unauthorized Transactions
To register your CannaCard®, please visit https://thecannacard.com/home. When registering for or purchasing a CannaCard®, 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 CannaCard®. If you believe your CannaCard® has been disabled in error, please call (844) 226-6287. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your CannaCard® information. Your CannaCard® can be activated and registered for use in your CannaCard® account, but you may only maintain one (1) such account at any time.
You should treat your CannaCard® like cash and not disclose your CannaCard® information to anyone. If your CannaCard® or CannaCard® information is lost or stolen, anyone who obtains possession of either may use your CannaCard®. You are responsible for all transactions on your CannaCard®, including unauthorized transactions. However, if your CannaCard® is lost, stolen or destroyed, your CannaCard® can only be replaced (for a $5.00 fee) with the balance remaining on it at the time you contact us minus the cost of the replacement card. If you did not register your CannaCard® with us, you will not have the ability to replace your card or recover any portion of the balance it may have held.
If your registered CannaCard® becomes lost, stolen or damaged, contact us immediately either by logging into your account at https://thecannacard.com/home or call (844) 226-6287.
Changes to This Agreement
We may amend this Agreement at any time. We will post the amended Agreement to our website at https://thecannacard.com/terms-and-conditions, 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 CannaCard®. 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 your CannaCard® after such notice has been posted. If you notify us that you do not accept the changes, additions or deletions, we will cancel your CannaCard® and refund any remaining balance to you minus a $5.00 processing fee for the cancellation of your account.
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 CannaCard® including your failure to provide valid information. If we deem it appropriate to limit our losses we will cancel your CannaCard® and retain any balances associated with the account. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled CannaCard®, less any amounts that you may owe us.
Arbitration 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.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this CannaCard® Agreement, your CannaCard® and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the CannaCard® and your relationship with CannaCard® 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.
Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased, loaded, reloaded or used your CannaCard® (the "Opt-Out Deadline") after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: CannaTrac Technology, Inc., Attn: CannaCard Team, 1600 Broadway, STE 1600 Denver, CO 80202. Any opt-out received after the Opt-Out Deadline (allowing 3 additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.
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 not governed by state law. Any arbitration will be held in the state of Colorado 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 half of all filing, administration, and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, CannaCard® 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 and/or fraudulent, 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 you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. 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 – Colorado
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
CannaCard® and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the CannaCard® 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. CannaCard® does not represent or warrant that your CannaCard® will always be accessible or accepted.
In the event that CannaCard® or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your CannaCard®. CannaCard® and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall CannaCard® or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a CannaCard® through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.
The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.
Entire Agreement, Construction
Inquiries or Questions
If you have any questions regarding this Agreement or your CannaCard®, please visit our website at https://thecannacard.com/home or call us at (844) 226-6287.