Last modified: August 14th 2024
Version: v1.0
This cardholder agreement (“Agreement”) outlines the terms and conditions under which the OneImaging Consumer Prepaid Mastercard® has been issued to you by Patriot Bank, N.A., Member FDIC (the “Bank” or “Issuer”). The Card (as defined below) and any funds loaded on it are not FDIC insured. The Card is issued pursuant to licenses from Mastercard International Incorporated. Mastercard is a registered trademark of Mastercard International. Radbutter Health Inc., d/b/a OneImaging (“OneImaging”) is the entity servicing the Cards and can be reached at help@oneimaging.com or (833) 619-0837.
The Card is used for the benefits offered to you through OneImaging.
THE CARD IS NOT FDIC-INSURED.
THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND CONTAINS A CLASS ACTION WAIVER. THE TERMS OF THE ARBITRATION CLAUSE APPEAR AT THE END OF THIS AGREEMENT.
This Card will be linked to your Account. Purchases made with your Card will automatically be listed on your OneImaging dashboard or elsewhere in the Services.
The Card is designed to make purchases for certain goods and services in person, online, or wherever Google Pay or Apple Pay is accepted.
OneImaging and/or its program partners may restrict transactions based on attributes such as, but not limited to, merchant category code, merchant ID, merchant name, and/or location.
Virtual Cards distributed electronically are active and ready for use. You must activate your physical Card by calling (833) 619-0837.
You will not be charged any fees in connection with your use of the Card.
Treat this card like cash. Not FDIC insured.
No overdraft/credit feature.
Contact OneImaging by calling (833) 619-0837, by mail at help@oneimaging.com or visit https://oneimaging.com/contact.
For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
For purposes of these disclosures, our business days are Monday through Sunday 7AM-10PM EST. Holidays are not included. Any reference to “days” found in this Agreement are calendar days unless indicated otherwise.
Your purchases may be subject to additional fees from individual merchants. These fees are not assessed or received by OneImaging and OneImaging is not responsible for them.
In order to access the Services, you represent and warrant that:
By accepting these terms, you also represent that:
With each transaction you process through the Services you represent, warrant and agree that:
You may not, nor may you permit any third party, directly or indirectly, to:
In addition, you may not, nor may you permit any third party, directly or indirectly, to use the Services for the following businesses or activities:
You are responsible for all authorized transactions initiated and fees incurred by use of your Card(s). If you permit another person to have access to a Card or Card number, this will be treated as if you authorized such use, and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.
You agree that OneImaging and the Issuer may modify this Agreement, or any other terms, policies, or guidelines at any time in our sole discretion, except as otherwise required by applicable law. Any new agreement will be effective immediately, by posting a new agreement and updating the “Last Updated” date at the top of these terms, except as otherwise required by law. Changes made for security purposes may be implemented without prior notice. You agree that, even if you have not personally visited the website with the new terms of this Agreement, the new version of the Agreement will have full force immediately. To the extent permitted by applicable law, you agree to waive any right you may have to receive additional notice of such changes.
Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. You should frequently review these terms and all applicable terms, policies and guidelines to understand the terms and conditions that apply to your use.
If you do not agree to the amended terms, you must stop using the Services. Any use of the Services in violation of these terms may result in, among other things, termination or suspension of your right to use the Services. You agree that your use of the Services will always be subject to the most current version of these terms at the time of such use.
You acknowledge that OneImaging or the Issuer may impose limits on your use of the Services. We may not allow payment from all types of funding sources, and we may otherwise limit payments and/or payees at our discretion. You cannot use the Cards in any way beyond their intended purpose.
For security and fraud protection, OneImaging may impose limits on the dollar amount that you can authorize in a transaction, and over a period of time. In addition to these set limits, OneImaging and the Issuer retain the right to impose additional limits at our discretion. Except as required by applicable law, other limits may apply, as may be described on or in OneImaging’s website, dashboard, and/or Terms of Service.
If you make or attempt to make any transaction with your Card or Account that would cause you to exceed any of these limits, we may decline the transaction and suspend your Card and Account.
OneImaging and the Issuer reserve the right to investigate your use of the Service for compliance with this Agreement and in order to comply with law, regulation, legal process or government request.
We may refuse to process any transaction that we believe violates the terms of this Agreement, the Terms of Service, any other agreements between you and OneImaging or any applicable network rule or law.
The Card is the property of the Issuer and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice.
If we suspect you of violating any applicable Terms of Service, network rule or law, OneImaging or Issuer may suspend or terminate your ability to access the Services under any or all of your accounts. OneImaging reserves the right to determine whether or not you have access to these Services.
You may obtain information about your Card’s transactions and your care plan by calling (833) 619-0837 or emailing help@oneimaging.com. This information, along with a 12-month history of Account transactions, is also available online at https://oneimaging.com/contact.
If a merchant issues a refund to your Card, the credit may take a number of days to process. You may contact OneImaging directly to inquire about a refund to your Card.
If you have questions regarding a transaction or identify an unauthorized transaction on your Card or transaction summary, or if you believe your Card number has been lost or stolen, contact OneImaging immediately at help@oneimaging.com or (833) 619-0837.
Under Mastercard rules, you will not be liable for any unauthorized transactions using your Card if you can demonstrate that you have exercised reasonable care in safeguarding your Card from risk of loss or theft. You must notify us within two (2) days after the electronic statement was made available to you showing unauthorized transaction(s) in order to take advantage of any such limited liability provisions.
As part of your use of the Services provided by OneImaging and the Issuer, you are entitled by law to receive certain information in writing. The federal ESIGN Act allows us to provide this information to you electronically, instead, with your prior consent. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we and the Issuer provide in connection with your Account and your use of our services. We, or the Issuer, will provide these Communications to you by posting them on www.oneimaging.com, pushing notifications through the Services, and/or by emailing them to you at the email address registered to your account.
Electronic disclosures and notices have the same meaning and effect as if they had been provided to you as paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we, or the Issuer, receive notice that the email was not delivered.
If you wish to withdraw your consent to receive Communication electronically, you may do so by emailing us at help@oneimaging.com or by calling (833) 619-0837. Please note, however, that if you withdraw your electronic consent, you may no longer use our Service.
YOU MUST KEEP YOUR EMAIL OR ELECTRONIC ADDRESS CURRENT WITH US in order for us to be able to provide you with important notices and other information from time to time, and you must ensure that the contact information, including the email address registered to your account, is current.
We (or our program partners) may record and/or monitor any telephone conversations with you. If we do record, we (or our program partners, as applicable) do not have to keep the recordings, unless applicable law says that we must. When you give us your mobile number, we (or our program partners) have your permission to contact you at that number about your account. Your consent allows us and our program partners or service providers to use text messaging, artificial or prerecorded voice messages, and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls. This communication may include contact from companies working on our behalf to service your account. Message and data rates may apply. You may change these texting and messaging preferences by emailing help@oneimaging.com
You are responsible for notifying us of any change in your name, physical address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements.
We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.
You acknowledge and agree that the Issuer and OneImaging may, subject to applicable law, share information regarding you, your Card, your Account, your Card request and Card transaction activity as necessary to provide customer service, service the Card or your Account, investigate and act on the Card or your Account and/or your Card- or Account-related claims and as necessary to comply with applicable law. Information about the Card, your Account, or the transactions you make with any of them may be disclosed to third parties:
OneImaging and the Issuer are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with a Card. If you have a problem with a purchase you made with the Card, or if you have a dispute with the merchant, you must handle it directly with the merchant.
From time to time, the Services may be inoperative, and when this happens, you may be unable to use your Card or obtain information from your Card, including your Account. Please notify us immediately at help@oneimaging.com if you have any problems using your Card. You agree that the Issuer, OneImaging and their respective affiliates, employees, or agents are not responsible for any interruption of service.
If your Account becomes inactive (e.g., if you do not use the funds in your Account or access your Account for a certain period of time), applicable law may require us to report the funds in your Account as unclaimed property. If this occurs, we may try to locate you at the address shown in our records. If we are unable to locate you, we may be required to deliver any funds in your Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Account to a state varies by state, but usually ranges between two and five years.
You agree to defend, indemnify, and hold harmless OneImaging, Issuer, our program partners, the parties with whom we contract to offer the Cards, the Account, and related services, and any parents, subsidiaries, and other affiliated companies of any of the foregoing (collectively, the “Indemnified Parties”), and all Indemnified Parties’ employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NONE OF US, ISSUER, OUR PROGRAM PARTNERS, THE PARTIES WITH WHOM WE CONTRACT TO OFFER THE CARDS, YOUR ACCOUNT, AND RELATED SERVICES, AND ANY PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES OF ANY OF THE FOREGOING (THE “LIMITED PARTIES”), AND ALL LIMITED PARTIES’ EMPLOYEES, CONTRACTORS, OFFICERS, AND DIRECTORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE CARDS, THE SERVICES, ANY PRODUCTS OR SERVICES PURCHASED USING A CARD, OR THIS AGREEMENT (AS WELL AS ANY RELATED OR PRIOR AGREEMENT THAT YOU MAY HAVE HAD WITH US).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE LIMITED PARTIES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY OR (B) $10.
The provisions related to indemnification, limitation of liability, arbitration and any other provisions necessary to give effect to a party’s rights shall survive the termination of the Agreement, the bankruptcy of any party, any transfer, sale or assignment of the Card, or expiration of the Card.
You, OneImaging and Issuer agree to arbitrate any and all disputes arising from your attempted or actual use of the Card or Services (“Dispute”) before a neutral arbitrator who has the power to award the same damages and relief that a court can. For purposes of this section “Issuer” includes any program partners, affiliates, and parties with whom we contract in order to offer the Cards.
ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ONEIMAGING AND ISSUER.
If any section of these arbitration provisions is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
Your agreement to arbitrate and these related terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16), and not any state arbitration law.
Any action or proceeding by you relating to any Dispute must commence within 90 days after the cause of action accrues.
All disputes shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties. For a copy of the procedures, to file a claim or for other information about the AAA, contact: AAA, 335 Madison Avenue, New York, NY 10017 or at http://www.adr.org.
OneImaging will pay the initial filing fee to commence arbitration. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in New York County, New York, or another mutually agreeable location.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
IF YOU DO NOT AGREE TO THE TERMS OF THESE ARBITRATION PROVISIONS, DO NOT ACTIVATE OR USE THE CARD, OR IF IT HAS ALREADY BEEN ACTIVATED, CANCEL IT.
YOU MAY CANCEL THE CARD BY CONTACTING CUSTOMER SERVICE AT help@oneimaging.com
