Optional Dining Account
Agreement & Disclosure Statement
1. Please read this Agreement carefully and keep it for your records. This Agreement contains the terms and conditions of your Optional Dining Account ("Account") with Auburn University. In this Agreement, the words "we", "us" and "our" refer to Auburn University ("AU"). The words "you" and "your" refer to the AU student who has applied for the Account. The term "TigerCard" refers to your AU student identification card that we issued to you as an AU student, or staff or faculty member.
2. Purchases on Your TigerCard. You may use your TigerCard to purchase food at on-campus AU dining facilities ("Purchases"). By using your TigerCard to make Purchases, you authorize us to deduct the amount of the Purchase from your Account, and you accept and agree to the terms of this Agreement as applicable. A TigerCard must not be used by anyone other than the AU student to whom it is issued. If an AU student uses another AU's student's TigerCard, both students will be in default under this Agreement, subject to AU's disciplinary action and possible criminal prosecution.
3. Electronic Delivery of Agreement and All Information and Disclosures. All information and disclosures regarding your account will be made by electronic delivery.
4. Funding your Optional Dining Account. You must deposit funds into your Account and each Purchase on your TigerCard will be debited from the credit balance in your Account. If we authorize any purchase(s) on your TigerCard and, because the credit balance in your Account is insufficient to cover the purchase(s), your Account becomes overdrawn, you promise immediately to pay us the amount of the overdraft and related fees. The credit balance in your Account is shown on the receipt you receive with each Purchase. You may deposit additional funds into your Account at any time ($25 minimum required for each deposit). Deposits may be made with cash or by check or credit card. Cash deposits must be made at the Tiger Club Accounts office in the Student Center. Call 1-877-345-2058 for more information about making deposits to your Account. At the end of each semester, any credit balances in your Account will be carried over into the next semester. You cannot use your TigerCard to receive cash advances or make withdrawals of any credit balance in your Account. When your Optional Dining Account is closed, any credit balance in that Account will be transferred to AU's Office of Student Financial Services to be applied against any debt that you owe to AU. Any remaining balance will be refunded to you by the Office of Student Financial Services. Requests for refunds must be made to the Tiger Club Accounts office.
For security reasons, we may limit the number or dollar amount of Purchases that you may make with your TigerCard, and we have the right to limit or reject your Purchases if we consider it necessary to verify the status of your Account. Neither we nor our agents will be responsible or have any liability if we do not authorize transactions, even if you have funds available in your Account.
5. Fees and Other Amounts Due under this Agreement: You agree to pay the following fees, as may be applicable, and authorize us to deduct them from your Account.
Late Fee: If we do not receive payment in full from you by the date shown on your monthly statement, we will charge a late payment fee of 1.5% of the unpaid balance.
You agree that, with respect to any fee or any other amount you may owe under this Agreement, we may, in our sole discretion, choose either: (a) to include the amount as a separate item in the monthly bill that AU's Office of Student Financial Services sends to you (the "Student Billing Statement"); or (b) to deduct the amount you owe from your Account, even before we permit any Purchases on your TigerCard. If you make a payment to us on the Student Billing Statement, unless you instruct us otherwise in writing, we shall apply that payment to the different amounts owed Auburn University in the order in which the debts were incurred. If you wish any payment to be applied in a manner other than as described above, you must instruct the Office of Student Financial Services in writing how to apply the payment. Any amounts you pay on the Account in excess of the amounts then past due or currently due shall be applied as a credit against future purchases charged on your TigerCard to the Account or as otherwise required by law, unless you instruct us otherwise in writing.
6. Receipts and Periodic Statements: You may obtain a paper receipt at the time you make any Purchase, except for Purchases made from (a) concessionaires at AU's sporting events, and (b) on-campus equipment, such as vending machines, in which case information about the Purchase is provided to you electronically. At least quarterly and for each month in which you make a Purchase on your TigerCard we will electronically provide a periodic statement (through ManageMyID) for your Account. You agree promptly to review each statement and to report any errors, unauthorized use, forgeries or alterations to us.
7. Default: If you fail to perform any obligation you have under this Agreement (such as paying any amount you may owe under this Agreement) or if you take any action prohibited by this Agreement (such as letting another AU student use your TigerCard), you will be in default and we may suspend or terminate your privileges under this Agreement and/or demand immediate payment of the entire amount you owe us without giving you prior notice. You agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement, including reasonable fees paid to attorneys who are not our salaried employees. You will not be required to pay our collection costs if the amount you owe us is $300 or less.
8. Termination and Suspension: Except as otherwise provided in this Agreement, your Account will remain open until: (a) you graduate or withdraw from AU; (b) you have failed to enroll at AU for two (2) consecutive semesters; or (c) you have failed to use your Account for two (2) consecutive semesters, at which time your Account automatically will be closed and your right to make Purchases on your TigerCard will be terminated. We also may terminate, temporarily suspend, or limit your right to make Purchases or otherwise use the Account at any time without notice to you or liability to us. You agree that you will not make or attempt to make a Purchase after you have been notified that your privilege to use your Account has been terminated or suspended. You may terminate your right to make Purchases at any time by notifying us in writing of your intent to do so. However, neither termination nor suspension will affect your existing obligations or our rights or remedies under this Agreement, including our right to change the terms of the Agreement from time to time. Except as otherwise provided in this Agreement, you will remain liable for all Purchases posted to your Account prior to the time you terminated your Account.
9. Liability: (a) You agree to notify us AT ONCE after learning that your TigerCard has been lost or stolen or that someone has used your Account without your permission. Telephoning is the best way to keep your possible losses down. You may be liable for the unauthorized use of your Account, as provided below:
If you do not tell us within two (2) business days after you learn of the loss or theft of your card, you could lose all the money in your Account, up to $500. If you believe your TigerCard has been lost or stolen, and you tell us within 2 business days after you learn of the loss or theft, you can lose no more than $50 if someone used your TigerCard without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your TigerCard, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within 60 days after the transaction occurs, you may not get back any money you lost after the 60 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.
You will not be liable for unauthorized use that occurs after you notify us. You can notify us in writing at: firstname.lastname@example.org or by calling: 1-877-345-2058 or 1-334-844-4507. We may close your Account without notice to you if we have been notified or have determined that your TigerCard may have been lost or stolen or that there may be unauthorized access to your Account.
(b) If we do not complete a transfer to or from your Account on time or in the correct amount according to this Agreement with you, 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 Account to make the transfer.
- If the system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
10. Business Days: For purposes of this Agreement, our business days are Monday through Friday, excluding all AU holidays.
11. Errors or Questions About Your Purchases. Telephone us at 1-877-345-2058 or 1-334-844-4507 or write us at email@example.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a Purchase shown on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.
- Tell us your name and Account number (if any).
- Describe the error or the Purchase you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
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 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 account.
For errors involving new Accounts, we may take up to 90 days to investigate your complaint or question. For new Accounts, we may take up to 20 business days to credit your Account for the amount you think is in error.
We will tell you the results within three (3) 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.
12. Changing This Agreement: We may change the terms of this Agreement at any time by giving you notice electronically of the change. These changes may include modifying or deleting existing terms and adding new terms. Any changes to this Agreement will become effective at the time stated in our notice to you and the amended terms of the Agreement will apply to all outstanding unpaid balances you owe us as well as new charges, unless you terminate your right to use the Account on or before the date provided in our notice. No change to any term or condition of this Agreement shall be effective unless accepted or authorized by us in writing.
13. Refusal to Honor TigerCard: We are not responsible for refusals to honor your TigerCard or Account. Except as otherwise required by applicable law or regulation, we will not be responsible for merchandise or services purchased or leased through use of your TigerCard.
14. Confidentiality: We will disclose information to third parties about your account or the transfers you make: (a) Where it is necessary for completing transfers, or; (b) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or; (c) In order to comply with government agency or court orders, (d) If you give us your written permission; or (e) As otherwise permitted by law.
15. Governing Law/Severability: This Agreement and your Account, and any claim, dispute or controversy arising from or relating to this Agreement or your Account, whether based on contract, tort, fraud and other intentional torts, statute, regulation, constitution, common law and/or equity, are governed by and will be construed in accordance with the laws of the state of Alabama (without regard to internal principles of conflicts of law) and applicable federal law. The legality, enforceability and interpretation of this Agreement and the amounts contracted for, charged and received under this Agreement will be governed by these laws. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.