Apogee® Indigo Electronic Wallet
(1) Please read carefully. This agreement contains an Arbitration Clause requiring all claims to be resolved by way of binding arbitration.
(2) Always know the exact dollar amount available on your Account.
(3) If you do not agree to these terms, do not use the Account and cancel the Account by calling customer service within five (5) business days of registering.
This Accountholder Agreement (“Agreement”) sets forth the terms and conditions under which you are issued an Apogee Indigo Electronic Wallet Prepaid Account (“Account”) that has been issued to you by Apogee Rewards, Inc. By accepting and using this Account, or authorizing any person to use the Account, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement "You" and "your" mean the person or persons who have access to the Account and are authorized to use the Account. "We," "us," and "our" mean Apogee Rewards, Inc., its vendors or assignees. The Account may be canceled or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference. This Agreement applies to both the purchaser and any other user of the Account. It is the purchaser’s obligation to provide these terms and conditions to any user; however, new terms and conditions may be provided, or any other questions or concerns answered, by contacting Customer Service.
1. ABOUT YOUR APOGEE INDIGO ELECTRONIC WALLET PREPAID ACCOUNT
The Account is a prepaid electronic wallet loaded with an initial amount of funds and thereafter reloadable funds in U.S. dollars (“Apogee Indigo Credits”) that may be redeemed at participating Apogee Indigo merchants (“Merchants”). The Account is NOT a credit card. The Account is not a checking account or connected in any way to any account other than a stored value account where your funds are held.
2. USING YOUR APOGEE INDIGO ACCOUNT
- Accessing Funds and Limitations
You may use your Account only at Apogee Indigo Merchants listed on the day of redemption on the Apogee Indigo Mobile App or Website (https://www.apogeeindigo.com. Each time you use your Account, you authorize us to reduce the value available on your Account by the amount of the transaction. Your Account cannot be: (1) redeemed for its cash value; (2) used to obtain cash in any transaction; (3) used for illegal transactions; (4) used to make foreign transactions; or (5) used to pay for gratuity. For security reasons, we may limit the amount or number of transactions you can make on your Account. We may refuse to process any transaction that we believe may violate the terms of this Agreement. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE OF THE FUNDS AVAILABLE ON YOUR ACCOUNT. If you attempt to use your Account when there are insufficient Apogee Indigo Credits associated with it, we may attempt to approve the remaining value available on your Account and if auto-renewal is set up on your account, attempt to authorize additional funds to be charged to your stored bank credit card or the transaction will be declined. Nevertheless, if a transaction that exceeds the balance of the funds available on your Account occurs due to a systems malfunction or otherwise, you will remain fully liable to us for the amount of the transaction. The minimum load amount is $25. The maximum load amount is $1,000 per day and you may load multiple $1,000 loads as long as they occur no more than once per day.
- Auto-Renewal Feature
By selecting the auto-renew feature in your profile and providing the required information, you authorize Apogee Rewards, Inc. to charge your provided bank credit card on file to purchase additional load amounts at the same discount provided when you registered for the Account. This auto-renewal feature may be triggered by (1) the balance on your Apogee Indigo Credits being lower than the threshold for auto-renewal provided by you in your profile, or (2) the amount of any transaction at a Merchant above the available Apogee Indigo Credits on your Account. If so, we will attempt to charge your provided bank credit card on file the higher of (a) the dollar amount set and authorized by you for the auto-renewal amount or (b) the amount of the transaction at a Merchant above the available Apogee Indigo Credits available in your Account at the time of the transaction.
- Obtaining Apogee Indigo Credit Balance Information
You may obtain information about the amount of Apogee Indigo Credits you have remaining on your Account at no charge by opening the “Check Balance” menu item in the mobile application or website, or contacting Customer Service. This information, along with a history of Account transactions, is also available on the mobile application and Website. You may also obtain information about your Account transactions by contacting Customer Service or visiting the website.
- No Stop Payment
You do not have the right to stop payment on any purchase transaction originated by use of your Account, whether use was a valid transaction, auto-renewal amount, or any other fee or adjustment.
- Returns and Refunds
You are not entitled to a refund of any remaining Apogee Indigo Credits on your Account for any reason, unless due to an error by Apogee Rewards, Inc. Any returns and/or refunds for goods or services purchased with Apogee Indigo Credits at a Merchant are to be handled exclusively by you and the applicable Merchant.
Electronic receipts may be accessed in your Apogee Indigo Mobile Application as well as online at www.apogeeindigo.com. No paper receipts will be maintained at the Merchant or by Apogee Indigo.
- Information About Merchants
The Merchants are not affiliated or related and their display is not an endorsement or sponsorship by Apogee. Each Merchant is solely responsible for providing the goods and/or services and in no way is Apogee liable for any dispute between you and a Merchant.
- Inactivity Fee
If You fail to use your Account for twelve (12) consecutive months, your Account will be assessed a monthly fee of $4.95 beginning in the thirteenth (13th) month and will occur monthly until activity resumes on your Account, including loading funds, or redeeming funds at a Merchant.
- Other Fees
The Account and any Apogee Indigo Credit Balance does not expire and has no sign-up, transaction, or any other fees except as noted in section 3(a) above.
You agree that we may monitor and record any calls or other communications between us and you. You also agree that we or our service providers may contact you by using an automated dialing or email system, by text, or by an artificial or recorded voice. You agree to pay any service charges assessed by your plan provider for communications we send or make to you or that you send or make to us.
5. UNAUTHORIZED TRANSACTIONS
Treat this Account like cash. We cannot provide refunds for lost or stolen funds on an Account. Fraudulent transactions may result in the loss of your money with no recourse. However, if you believe your Account has been compromised or an unauthorized transaction has been made using the information from your Account without your permission, contact Customer Service IMMEDIATELY. We will ask for the Account number and other identifying details. We cannot assist you if you do not have the Account number. We may not be able to assist you if you do not contact us within sixty (60) days of the unauthorized transaction. A refund or reissued Account may take up to thirty (30) days to process.
6. NO WARRANTIES AND LIMITATION OF LIABILITY
We are not responsible for the quality, safety, legality, or any other aspect of any Merchant transactions purchased with your Account. Further, we will not be liable: (1) If, through no fault of ours, you do not have enough funds available on your Account to complete the transaction; (2) If a merchant refuses to accept your Account as a form of payment; (3) If the electronic device or your internet connection to the Apogee mobile application is not working properly; (4) If access to your Account has been blocked after you reported your Account compromised; (5) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction; or 6) For any other exception stated in our Agreement with you.
7. LEGAL NOTICES
- English Language Controls
Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.
You may not assign or transfer your Account or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances on your Account.
- Other Terms
You will be notified of any change to this Agreement in the manner required 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 do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). If any provision of this Agreement is 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 will not be affected. This Agreement will be governed by the law of the state of Florida except to the extent governed by federal law.
We may provide information to our employees, auditors, affiliates, service providers, or attorneys as needed, or to any third party if you give us your written permission. We may also collect: (1) Information about purchases made with the Account, such as date of purchase, amount and place of purchase; (2) Information you provide to us when you contact us with customer service issues, such as name, address, phone number.
9. ARBITRATION AND JURY TRIAL WAIVER
- Jury Trial Waiver: To the extent permitted by law, You and We knowingly and voluntarily waive any right to trial by jury in the event of litigation arising out of or related to this agreement. This Jury Trial Waiver does not modify in any fashion the Arbitration Clause set forth in the following section, which contains its own jury trial waiver.
- Arbitration Clause: You can opt out of this Arbitration Clause within 60 calendar days from the earlier of purchasing, activating, or using the Card. You must send the opt out notice in writing to Apogee Rewards, Inc. Attn: Customer Service, 8395 NE 2nd Ave., Miami, FL 33138 (“Notice Address”). This Arbitration Clause governs any dispute arising under this Agreement, aside from the validity and coverage of this Arbitration Clause. Arbitrations will be conducted under the rules of the arbitration administrator, as chosen by us. Arbitration may be brought by You or Us, and we will not demand arbitration if you bring an individual action in small claims court. In addition to the Jury Trial Waiver above, you also waive your rights to be a class member or bring suit in a class action or class arbitration. In order to commence an arbitration, the party bringing the dispute must send the notice and complaint in writing. You must send your notice to the Notice Address. After receiving notice, the other party has 30 days to attempt to resolve the issue before a suit or arbitration commences. We will pay all costs associated with administering an arbitration brought by you in good faith, if you cannot get a waiver and ask us to pay. Further, we will pay legal fees and costs if you win or as required by law or the arbitrator. This Arbitration Clause will stay in force if your Account is closed or we assign our rights under this Agreement. This Arbitration Clause and any rights to appeal or requests for information will be governed by the Federal Arbitration Act and the rules of the arbitrator.
10. GOVERNING LAW
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida. Except for any compulsory arbitration provided for in this Agreement, the Parties agree that all actions arising directly or indirectly out of this Agreement shall, at the Corporation’s election, be litigated only in the United States District Court for the Southern District of Florida or a court of competent jurisdiction in the Seventeenth Judicial Circuit in and for Broward County, Florida, and the Parties hereby consent to the personal jurisdiction and venue of those courts over the Parties to this Agreement.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, and the rights and obligations of the Parties shall be enforced to the fullest extent possible.
This Account is issued by Apogee Rewards, Inc.
8395 NE 2nd Ave.
Miami, FL 33138
CUSTOMER SERVICE CONTACT INFORMATION:
8395 NE 2nd Ave., Miami, FL 33138 (Notice Address)
Apogee® is a registered trademark of Apogee Rewards, Inc.