This agreement explains how your Target Debit Card ("Card") will work. It also explains the terms that both you and we agree to follow with respect to this Card. In this Agreement "we," "us," and "our" mean Target Corporation. "You" and "your" mean everyone who is liable for purchases made using this Card. By your use of this Card, you agree to the terms of this Agreement. This Card may be used only for personal, family or household purposes.
By using your Card, you authorize us to initiate an electronic fund transfer ("EFT") for the full amount of the transaction and any related fees from your designated deposit account at another financial institution ("Deposit Account"). You represent and warrant to us that you are an owner of your Deposit Account and you are authorized to make EFTs to and from your Deposit Account. All EFTs will be made by Automated Clearing House ("ACH") transfers. You also represent and warrant to us that your Deposit Account is held at a bank located in the United States. If you have designated an Authorized User to us, you agree to be individually responsible for all EFTs made by your Authorized User. You also authorize and agree to pay for all EFTs made by anyone you allow to use the Card.
In this Agreement, “PIN” refers to the personal identification number associated with your Card and any other personal identification number you use to authorize a purchase using the Target Debit Card, including any PIN or password that you use to access any mobile wallet where you store your Target Debit Card number. You agree that you understand the nature and importance of your Card and PIN and you will safeguard your Card and all PINs to prevent against unauthorized use. There may be circumstances when we will not require you to enter your Target Debit Card PIN to make a purchase if you authorize the purchase using another method. For example, we may not require you to enter your Target Debit Card PIN if you have already provided a separate PIN to access your Card in a mobile wallet that we accept. Even if you do not enter your Target Debit Card PIN to make a purchase, you still authorize any such EFT and the terms and conditions of this Agreement apply to any such EFT. You agree that any EFT may occur several business days after your transaction(s) have occurred and after the date shown on your transaction receipt(s).
This Card is issued by Target Corporation. It is not issued by the financial institution that maintains the deposit account that you have linked to your Card (“Depository Bank”). The terms, benefits, and protections associated with your Card may vary from those that apply to a debit card issued by your Depository Bank. For example, if you use this Card to make a purchase that exceeds the balance in the deposit account that you linked to this Card, that account may become overdrawn even if you chose not to allow overdrafts with respect to a debit card issued by your Depository Bank, and you may incur associated overdraft fees. Similarly, the liability limits applicable to this Card may be different from those applicable to a debit card issued by your Depository Bank.
You agree that you will not use your Card to make purchases for amounts in excess of available funds you have in your Deposit Account as determined by your Depository Bank as of the date the Depository Bank processes the EFT. We may resubmit an EFT one or more times if the Depository Bank has not sent funds equal to the total previously requested EFT amount.
You also authorize us to submit separate EFTs if items from a multiple item order are delivered separately or you use a Same Day Delivery, Order Pick-Up or Drive-Up service for some or all of the items in the online order.
Your authorization will remain in effect until we have received notification from you of your termination in such time and in such manner as to afford us and the financial institution that holds your Deposit Account to act on it. You may revoke your authorization and close your Card by calling us toll free at (888) 729-7331, or write: Target Corporation, c/o Financial and Retail Services, P.O. Box 9491, Minneapolis, MN, 55440.
You may only use your Card to pay for goods and services at participating Target retail stores in the United States and at the Target.com website. We may provide you the opportunity to use your Card to make purchases of goods or services at affiliates or designated third parties that have special relationships with Target or Target.com including at departments, kiosks or other locations in our stores. These offers to use your Card at affiliates of Target or designated third parties may be for a limited time only. These offers may be subject to terms and conditions in addition to or different from those provided in this Agreement, which will be described in the offer. Unless otherwise expressly stated in such offers, the terms of this Agreement shall apply to any offer.
You must present your Card and enter your PIN if you wish to use your Card to pay for goods or services at Target retail stores. At the Target.com website you must enter your Card number and your PIN if you wish to pay for goods or services with your Card. If you make an exchange of an item previously purchased using your Card for another item in accordance with our merchandise exchange policy, any difference in price will be credited by EFT to, or transferred by EFT from, your Deposit Account as applicable. If you return an item previously purchased using your Card in accordance with our merchandise return policy, the amount of the return will be credited by EFT to your Deposit Account.
When you use your Card, you will be limited by the amount of funds in your Deposit Account and any available overdraft line of credit that you may have in connection with your Deposit Account (if applicable), as of the date the Depository Bank receives and processes an EFT. For security and fraud prevention purposes, there are limits on the number of times you may use your Card and/or the total dollar amount of purchases that you may make with your Card. You agree that the dollar amount limitation on your Card may be less than the dollar amount of available funds in your Deposit Account and that such dollar amount and transaction limitations may change from time to time without any notice to you. You cannot use your Card at an automated teller machine or at non-participating retail stores or anywhere outside the United States. You cannot use your Card to make payment on any credit card accounts issued by us or any Target-branded credit card account whether the credit card is issued by us, our affiliates or our financial institution partner. We may provide you the opportunity to use your Card to authorize recurring preauthorized EFTs from your Deposit Account. If you use your Card to authorize a recurring preauthorized EFT, that authorization will remain in effect until you notify us to stop payment. To stop payment, you must contact us at least three business days before the scheduled date of the next transfer. To stop payment, contact us by calling (888) 729-7331 or write: Target Corporation, P.O. Box 9491, Minneapolis, MN 55440.
The Depository Bank may return as unpaid an EFT if, for example, your Deposit Account does not have sufficient available funds in it to cover the full amount of the EFT, or your Deposit Account is closed, or for other reasons. Additionally, if you receive a credit to your Deposit Account from us due to a suspected EFT error, and we later determine there was no error, we may deem such EFT as unpaid. In the event an EFT is returned or deemed unpaid, the funds owed to us will become immediately due and payable to us. You agree to pay in United States dollars the full amount of the unpaid EFT and any applicable Returned Payment Fees. You also agree that we may suspend use of your Card until we receive payment in full of all amounts due and payable to us. If we determine you have too many EFTs that are returned as unpaid, we may terminate your Card, even if you pay the unpaid EFTs. At our option, we may obtain payment for any check or other instrument that you send to us by initiating an electronic (including Automated Clearing House) transfer from your bank account in the amount of your check or instrument. Your check or instrument will not be returned to you by us or by your bank. Your bank account may be debited as early as the same day we receive your payment. If we cannot process the electronic transfer or if the electronic transfer is returned to us, we may present the original check or other instrument, a substitute check, draft or similar instrument to obtain payment.
You will tell us AT ONCE if you believe your Card, Card number, or PIN has been lost or stolen. Telephoning us is the best way of keeping your possible losses down. You could lose all the money in your Deposit Account (plus your maximum overdraft line of credit) that can be accessed by the Card. You agree to assist us in determining the facts relating to any theft or possible unauthorized use of your Card, Card number, or PIN and to comply with the procedures we may require for our investigation.
You will not be held responsible for unauthorized use of your Card, Card number, or PIN if you have exercised reasonable care in safeguarding your Card, Card number, and PIN from loss or theft. If you did not exercise such reasonable care, the following liability limitations for unauthorized use apply:
If you tell us within four business days after you learn of the loss or theft of your Card, Card number, or PIN, you can lose no more than $50 if someone used your Card, Card number, or PIN without your permission.
If you do NOT tell us within four business days after you learn of the loss or theft of your Card, Card number, or PIN, and we can prove that we could have stopped someone from using your Card, Card number, or PIN without your permission if you had told us, you could lose as much as $500.
Also, if your statement from the Depository Bank shows EFTs that you did not make, you must tell us at once. If you do not tell us within 90 days after the statement was mailed to you, you may not get back any money you lost after the 90 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe your Card, Card number, or PIN has been lost or stolen call us toll free at (888) 729-7331, or write: Target Corporation, c/o Financial and Retail Services, P.O. Box 9491, Minneapolis, MN, 55440.
If the Depository Bank returns an EFT unpaid for any reason, you agree to pay a "Returned Payment Fee" as follows:
|Amount||State in which EFT occurred|
|Up to $40||DE, FL (if EFT amount is greater than $300), MS|
|Up to $35||CA (except for first return), MD, VA|
|Up to $30||AL, AK, FL (if EFT amount is $50.01-$300), GA, IA, KS, MN, MT, OH, SC, SD, TN, TX, WY|
|Up to $25||AZ, AR, CA (first return only), DC, FL (if EFT amount is less than $50), IL, KY, LA, ME, MA, MI, MO, NE, NV, NH, NJ, NM, NC, ND, OK, OR, RI, VT, WA, WV, WI|
|Up to $20||CO, CT, HI, ID, IN, NY, PA, UT|
You authorize us to initiate an electronic fund transfer for such Returned Payment Fee from your Deposit Account automatically, after we receive notice of an unpaid EFT. You agree to pay the Returned Payment Fee if any check or other instrument given as payment to us for amounts you owe in connection with your Card is not honored by your bank.
You can get a receipt at the time you make any EFT with your Card using one of our point-of-sale terminals at a Target retail store. If you make a purchase at the Target.com website, a receipt will be emailed to the email address associated with your order.
For purposes of this Agreement, our business days are Monday through Friday. Holidays are not included.
If we do not complete an EFT to or from your Deposit Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions.
We will not be liable, for instance:
• If, through no fault of ours, you do not have enough money in your Deposit Account to make the EFT; or,
• If the EFT would go over the credit limit on your overdraft line; or,
• If the point-of-sale terminal or system was not working properly and you knew about the breakdown when you started the EFT; or,
• If circumstances beyond our control (such as fire or flood) prevent the EFT despite reasonable precautions that we have taken; or,
• There may be other exceptions stated in this Agreement.
We will disclose information to third parties about your Deposit Account or the EFTs you make:
• Where it is necessary for completing EFTs; or,
• In order to verify the existence and condition of your Deposit Account or Card for a third party, such as a consumer reporting agency or merchant; or,
• In order to comply with government agency or court orders; or,
• If you give us written permission; or,
Unless otherwise required by applicable law, we will apply your EFT or other forms of payment in the following order: old Card purchases, Returned Payment Fees, and new Card purchases.
Occasionally, we may provide you the opportunity to use your Card in connection with special promotions. These promotions may be subject to terms and conditions in addition to or different from those provided in this Agreement, which will be described in our offer. Unless otherwise stated, however, all terms of this Agreement shall apply to any promotion.
Subject to applicable law, you will be in default under this Agreement if you violate any terms of this Agreement, including without limitation if we receive notice of an unpaid EFT, or if you become the subject of bankruptcy or insolvency proceedings. Upon default or death, subject to applicable law, we may, in our sole discretion: (a) terminate your Card, at which time the terms of this Agreement will continue until we have been paid in full; (b) require immediate payment of all unpaid EFTs and the related fees; (c) bring a legal action against you to collect money owed to us; and (d) take any other action permitted by applicable law. If we refer your Card to an attorney for collection, you must pay to us all costs and expenses of collection, including attorneys’ fees, to the extent not prohibited by law.
Even if you are not in default, we reserve the right to terminate your Card privileges at any time. All Cards we issue are our property and they must be returned to us if we ask you to return them. If you have unpaid EFTs and related fees, as permitted by law, we may require that any merchandise purchased using your Card which you return be processed as a credit to the unpaid EFTs or the related fees. Upon any termination of this Agreement by you or us, you will continue to be obligated to pay all amounts owing under this Agreement, and to otherwise perform the terms and conditions of this Agreement.
We may accept letters, checks or other types of payments showing "payment in full" or using other language to indicate satisfaction of your debt ("Disputed Amounts") without waiving any of our rights to receive full payment under the terms of this Agreement. You agree to send any Disputed Amounts to Target Corporation, c/o Financial and Retail Services, P.O. Box 9491, Minneapolis, MN, 55440.
We or our agents may call or text by telephone regarding your Card. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us. Message and data rates may apply. To opt out, please call the number on the back of your card.
You and Target Corporation agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) this Card and any aspect of any relationship between us and you that is governed by this Agreement; or (2) the breach, enforcement, interpretation, application, or validity of the Agreement or the Arbitration Agreement, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in this Agreement. Claims subject to this Arbitration Agreement include claims that arose before you and we entered into this Agreement (such as claims relating to advertising) and after termination of this Agreement.
Notwithstanding the foregoing, in lieu of arbitration:
(1) Either you or Target Corporation can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim. After an arbitration is filed, either you or Target Corporation can send a written notice to the other party and the AAA that you or Target Corporation want the case decided by a small claims court.
(2) You agree that you or Target Corporation may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Except as the Agreement otherwise provides, you and Target Corporation acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Target Corporation may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If there is a determination that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.
The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the law of South Dakota. The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute about the interpretation, validity, applicability, or enforceability of this Arbitration Agreement.
If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail to Target Guest Services, P.O. Box 9350, Minneapolis, MN 55440-9350. If Target Corporation intends to seek arbitration, we will send Notice to the current address for your Card in our records. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Target at Target Law Department, 1000 Nicollet Mall, TPS-3155, Minneapolis, MN 55403 and Target Corporation will send such copy to the current address for your Card in our records or to your attorney, if you have retained one.
For claims of $100,000 (US Dollars) or less, you will pay the filing fee specified in the rules of the AAA. Target will pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $100,000 (US Dollars), you will be responsible for the Arbitration Fees.
If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.
The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Target Corporation waives its right to seek attorney fees and costs in arbitration.
As to any proceeding in court, you and Target Corporation both waive your right to a jury trial, unless such waiver is unenforceable.
This Agreement will be governed by federal law and to the extent state law applies, by the law of South Dakota. If there is any conflict between any of the terms and conditions of this Agreement and applicable federal or state law, this Agreement will be considered changed to the extent necessary to comply with the law.
You agree to tell us right away of any change in your name, address or telephone numbers, and any change in your Deposit Account information or the identifying information contained in your government-issued identification card that you used when applying for the Card.
We may sell, assign or transfer this Agreement and/or Card(s), or any receivables created through use of the Card(s), without notice to you. You may not sell, assign or transfer this Agreement or your Card without first obtaining our written consent.
We may waive or delay enforcing any of our rights under this Agreement without losing them.
We have the right to change this Agreement (including the right to add additional terms) and to apply those changes to any unprocessed or unpaid EFTs and the related fees. We will provide you with notice of any such changes as required by applicable law.
Telephone us toll free at (888) 729-7331 or write us at:
Target Corporation c/o Financial and Retail Services P.O. Box 9491 Minneapolis, MN, 55440
as soon as you can, if you think your Deposit Account statement or receipt is wrong, or if you need more information about an EFT listed on the statement or receipt. We must hear from you no later than 90 days after the FIRST Deposit Account statement on which the problem or error appeared.
(1) Tell us your name and Card number.
(2) Describe the error or the EFT you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(3)Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Deposit Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Deposit Account.
For errors involving point-of-sale transactions, we may take up to 90 days to investigate your complaint or question.
We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR TARGET DEBIT CARD MUST BE DIRECTED TO US (TARGET CORPORATION) AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for these electronic fund transfer services and for resolving any errors in transactions made with your Target Debit Card.
We will not send you a periodic statement listing transactions that you make using your Target Debit Card. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR TARGET DEBIT CARD, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call us toll-free at (888) 729-7331, or write: Target Corporation, c/o Financial and Retail Services, P.O. Box 9491, Minneapolis, MN, 55440.
IF YOUR TARGET DEBIT CARD IS LOST OR STOLEN, NOTIFY US AT ONCE by calling us toll-free at (888) 729-7331, or writing: Target Corporation, c/o Financial and Retail Services, P.O. Box 9491, Minneapolis, MN, 55440.