Last Updated: July 14, 2023
1. General
The following terms and conditions apply to the use of the Payless Daily Wellness Benefits Card (“WWB Card”), as issued to you by your health insurance plan (“Health Plan”) and distributed by Payless Daily Inc., on the Health Plan’s behalf. These terms and conditions (collectively, the “Terms and Conditions”) are between you (the “Cardholder,” “you,” “your”) and Payless Daily Inc., on behalf of itself and its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, employees, and agents (“Walmart,” “us”). By accepting or using your WWB Card, you agree to be bound by these Terms and Conditions, including any future amendments to the Terms and Conditions. If you do not agree with these Terms and Conditions, you may not use or accept a WWB Card.
IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND Payless Daily ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
2. About Your WWB Card
The WWB Card is a card that is being provided to you by your Health Plan, to purchase qualified items. The WWB Card may include access to multiple subaccounts, each containing funds issued by your Health Plan (with each such subaccount, a “Purse”). WWB Card funds are issued by your Health Plan, not Walmart. Your Health Plan is responsible for ensuring funds are available to be loaded to the WWB Card. WWB Card funds may be issued or removed by the Health Plan, subject to Health Plan enrollment eligibility requirements.
Your Health Plan will provide you, or make available to you, documents that govern the types of items available to purchase with the WWB Card and any limitations on such purchases. Health Plan requirements and terms are not part of this Agreement. Contact your Health Plan for details about such requirements.
WWB Card funds are not your property. You do not have the ability to add or load funds to the WWB Card. The WWB Card is not a gift card and is not connected in any way to a personal checking or savings account or any other financial account you may have. The WWB Card is not a credit card. You will not receive any interest on the funds associated with the WWB Card.
3. WB Card Activation
You must activate the WWB Card before it can be used. You may activate the WWB Card by visiting the Payless Daily web address provided by your Health Plan or by calling 1-833-316-1113 (TTY 711), hours of operation: M-F 8AM – 8PM ET. Your failure to activate and use the WWB Card results in the loss of all rights that you may have to use the WWB Card and access the underlying funds. By activating or using the WWB Card, you represent and warrant to us that you agree to only use the WWB Card in accordance with these Terms and Conditions. You further represent and warrant to us that you understand these Terms and Conditions are binding.
4. Use and Redemption
WWB Cards may be used and redeemed at participating Payless Daily locations in the United States or in Puerto Rico, or online at paylessdailyonline.com, to purchase qualified items authorized by your Health Plan. If you use the WWB Card without presenting your physical or digital WWB Card (i.e., mail order, telephone, or by Internet), the legal effect will be the same as if you presented the physical or digital WWB Card in person. WWB Cards are not redeemable towards previously purchased goods or services. Except as may otherwise be required by law, the WWB Card cannot be: i) redeemed for cash; ii) used to obtain cash in any transaction; iii) used for illegal transactions; or, iv) used to set up recurring payments. Payless Daily may refuse to process any transaction for security reasons or if Payless Daily believes the transaction may violate the terms of this Agreement or applicable law.
Each time you use the WWB Card, you authorize Payless Daily to reduce the value available on the WWB Card or applicable Purse by the corresponding dollar amount of such qualified items, in addition to any applicable fees or charges. You are not allowed to exceed the available amount through an individual transaction or a series of transactions. Attempting to use the WWB Card when there are insufficient funds accessible with it may result in your transaction being declined or Payless Daily allowing you to pay for the balance of the transaction with another method of payment.
5. Authorized Use
You are the only authorized user of the WWB Card. You do not have any rights in or to the funds accessible with the WWB Card, except the right to use the WWB Card and access the WWB Card funds in accordance with these Terms and Conditions. You are not authorized to use the WWB Card for any inappropriate, fraudulent or abusive transactions including, but not limited to: i) providing WWB Card access to any other individual; ii) using or attempting to use the WWB Card in any manner not approved in Health Plan documents relating to the WWB Card; or iii) using or attempting to use the WWB Card in violation of these Terms and Conditions. You may not transfer, sell, or assign your WWB Card or your rights or obligations under these Terms and Conditions.
Payless Daily is not responsible, nor is it liable, for unauthorized use of any WWB Card (including, but not limited to lost or stolen WWB Cards or use of any WWB Card by third parties through your paylessdailyonline.com account). You are solely responsible for keeping the WWB Card details safe and protected and for any activity conducted under your account.
6. WWB Card Balance Inquiry and Transaction History
To check the balance or the transaction history on your WWB Card, please visit the Payless Daily web address provided by your Health Plan or call 1-833-316-1113 (TTY 711), hours of operation: M-F 8AM – 8PM ET. The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed. It is your responsibility to keep track of the amount of funds accessible with the WWB Card.
Note: to check the balance or the transaction history on your WWB Card at the Payless Daily web address provided by your Health Plan, you must first have a paylessdailyonline.com account.
7. Fee Schedule
There are no fees associated with this WWB Card.
8. WWB Card Expiration; WWB Card Replacement
The WWB Card funds shall expire based on your Health Plan eligibility, and in accordance with the specific Purse and any WWB Card expiration date. Such expiration date shall be set forth by your Health Plan. You should use the funds on the WWB Card before the specific Purse and any WWB Card expiration, as the funds will not be made available to you after such date. Any expired funds will be returned to the Health Plan and no longer available for use. Payless Daily is not responsible for replacing funds that may have expired.
If your WWB Card is lost, stolen, or damaged, and you require a replacement, you may log in to your account at the web address provided by your Health Plan or call 1-833-316-1113 (TTY 711), hours of operation: M-F 8AM – 8PM ET and make such a request. Your WWB Card will be deactivated and any funds remaining on the WWB Card at the time of the request may be transferred onto a new WWB Card. If the funds are transferred onto a new WWB Card, the funds will be temporarily unavailable until the new WWB Card is activated. It may take up to 10 business days to process and issue a replacement WWB Card.
To request a replacement WWB Card at the Payless Daily web address provided by your Health Plan, you must first have a paylessdailyonline.com account.
9. WWB Card Cancellation, Suspension, or Termination
You, your Health Plan, and Payless Daily has the right to cancel, suspend, revoke, or terminate your WWB Card. Payless Daily may cancel, suspend, revoke, or terminate your WWB Card at any time and for any reason, in our sole discretion and without prior notice, subject to applicable law. For example, Payless Daily may cancel, suspend, revoke, or terminate your WWB Card: (i) if Payless Daily believes you (or an individual authorized by you) have used or may use it for any unlawful or suspicious purpose; (ii) if you have used or may use it in violation of this Agreement; (iii) if Payless Daily is unable to verify the accuracy of any information you provide to us; (iv) if Payless Daily believes your actions may cause legal or financial risk to us or others; or, (v) if your Health Plan fails to provide sufficient funds for your WWB Card.
Payless Daily may also cancel, suspend, revoke or terminate your WWB Card at the request of your Health Plan. Because WWB Card funds are not your property, you will not be entitled to any of the funds that remain accessible on the WWB Card upon cancellation, suspension, revocation, or termination of the WWB Card.
10. Nonreturnable; Not for Resale.
Notwithstanding anything contained in these Terms and Conditions, WWB Cards are not returnable, redeemable, or refundable for cash. They are to be used to purchase the items, and only the items, approved by the Health Plan. Resale of WWB Cards is strictly prohibited. The WWB Card is not valid and will not be honored, and Payless Daily will not be liable, if a WWB Card is obtained from unauthorized distributors or resellers, including through Internet auction sites.
If an item that was purchased using a WWB Card is returned (as limited to those circumstances where a return is permissible, as may be applicable, and as specified in Health Plan documents related to the WWB Card), the returned value must be reapplied back to the WWB Card that was used to make the original purchase.
11. Disclosure of Information
Payless Daily may disclose information to third parties about your WWB Card, including transaction history : i) where it is necessary to provide service associated with your WWB Card and fulfill our obligations to your Health Plan; ii) to verify the existence and condition of your WWB Card for a third party; iii) in accordance with our applicable web Privacy Policies; iv) for any reasonable security purposes; v) to comply with any government agency, court orders, or other legal request; or vi) otherwise as necessary to fulfill our obligations under these Terms and Conditions.
12. Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This arbitration provision provides that you and Payless Daily waive any right to file a lawsuit in court or participate in a class action for matters within its terms.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Payless Daily (INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY WALMART), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT Payless Daily AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS AND CONDITIONS. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective June 1, 2021 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to you. The arbitrator will follow these Terms and Conditions and his or her award will be final and binding. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER Payless Daily CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY ON FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
This arbitration provision shall survive any termination of these Terms and Conditions. Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.
The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Arkansas without regard to principles of conflicts of laws. If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.
13. Limitation of Liability
Payless Daily MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO WWB CARDS OR PRODUCT THAT IS PURCHASED WITH THE WWB CARD, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A WWB CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH WWB CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
Payless Daily WILL NOT BE LIABLE IF: 1) THROUGH NO FAULT OF OURS, YOUR WWB CARD HAS INSUFFICIENT FUNDS AVAILABLE TO PROCESS YOUR INTENDED TRANSACTION; 2) YOU ATTEMPT TO CONDUCT A TRANSACTION AFTER YOUR WWB CARD HAS BEEN DEACTIVATED, SUSPENDED OR TERMINATED FOR ANY OF THE REASONS STATED IN THESE TERMS AND CONDITIONS, INCLUDING FOR A WWB CARD THAT HAS BEEN REPORTED AS LOST, STOLEN, OR DAMAGED; 3) THERE IS A "HOLD" PLACED ON YOUR WWB CARD OR YOUR FUNDS ARE SUBJECT TO SOME LEGAL OR ADMINISTRATIVE PROCESS; 4) Payless Daily HAS REASON TO BELIEVE THE REQUESTED TRANSACTION IS UNAUTHORIZED; 5) DESPITE REASONABLE PRECAUTIONS, CIRCUMSTANCES BEYOND OUR CONTROL PREVENT THE COMPLETION OF THE TRANSACTION; 6) YOUR HEALTH PLAN DID NOT PROPERLY FUND THE ACCOUNT ACCESSIBLE WITH YOUR WWB CARD IN A TIMELY MANNER; 7) THE HEALTH PLAN DID NOT PROVIDE YOU WITH REQUIRED DISCLOSURES, ACCOUNT INFORMATION, PROGRAM DOCUMENTS RELATING TO THE WWB CARD, OR OTHER SERVICES, EVEN IF THOSE RESPONSIBILITIES ARE REFERRED TO IN THIS AGREEMENT; 8) THE PRODUCT THAT IS PURCHASED WITH THE WWB CARD IS DEFECTIVE, DEFICIENT, OR HAS FAULTS OR FAILURES OF ANY KIND, THAT IS NOT DUE TO WALMART’S NEGLIGENCE; OR, 8) ANY OTHER EXCEPTION STATED IN THESE TERMS AND CONDITIONS APPLIES.
ANY PROCEEDING BY YOU TO ENFORCE AN OBLIGATION, DUTY OR RIGHT ARISING OUT OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW WITH RESPECT TO YOUR WWB CARD MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION OCCURS.
14. Indemnification
You agree to indemnify and hold harmless, Payless Daily, its officers, directors, agents, and employees (Walmart Indemnitees) from and against any and all alleged claims, costs, damages, injury, liability, losses or compensation, including attorneys' and other legal fees, charges, or expenses made against or incurred by any Payless Daily Indemnities as a result of your use of the WWB Cards or any violation of these Terms and Conditions. If you reside in Puerto Rico, you authorize Payless Daily, strictly as required by law in cases of possible financial exploitation, to share personal information such as name, address, and transaction information with applicable government agencies pursuant to Regulation #9368.
15. Injunctive Relief
Unless otherwise specified in these Terms and Conditions, all rights, remedies and powers of Payless Daily are irrevocable and cumulative, and not alternative or exclusive, and shall be in addition to all other rights, remedies and powers given hereby or any laws now existing or hereafter enacted. If you breach any obligation hereunder, Payless Daily may suffer immediate and irreparable harm for which monetary damages alone shall not be a sufficient remedy, and that in addition to all other remedies that the Payless Daily may have, Payless Daily shall be entitled to seek injunctive relief, specific performance or any other form of relief in a court of competent jurisdiction, including, but not limited to, equitable relief, to remedy a breach or threatened breach hereof by you and to enforce these Terms and Conditions, and you hereby waive any and all defenses and objections you may have on grounds of jurisdiction and venue, including, but not limited to, lack of personal jurisdiction and improper venue, and waives any requirement for the securing or posting of any bond in connection with such remedy.
16. Compliance with Laws
By redeeming the WWB Card, you are certifying and representing that the activities in connection with which the WWB Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations. You are further certifying and representing that the WWB Card will not be used in any manner that is misleading, deceptive, or unlawful.
Payless Daily is not liable for any claims or expenses incurred by you in connection with your use of the WWB Card or violation of any of these Terms and Conditions.
17. Governing Law
The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be Federal Arbitration Act,, applicable federal laws, and the laws of the State of Arkansas without regard to principles of conflicts of laws. If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.
18. Severability
Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law. If any provision is held to be invalid, illegal, or otherwise unenforceable, such provision shall be deemed severed from these Terms and Conditions and all other provisions shall remain in full force and effect.
19. Non-Waiver
The failure by either party at any time to enforce any of the provisions of these Terms and Conditions or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of these Terms and Conditions. The express waiver of any default by either party shall not be deemed a continuing waiver but shall apply solely to this instance to which such express waiver is directed.
20. Headings
The descriptive headings in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
21. Updates to Terms and Conditions
These WWB Card Terms and Conditions were last updated on the date set forth above. Payless Daily may update these Terms and Conditions at any time. Payless Daily recommends that you check these Terms and Conditions periodically for changes. In the event of a conflict between these Terms and Conditions and the paylessdailyonline.com Terms of Use, these Terms and Conditions will govern.