CarePortal Cardholder Terms

Last Modified: May 13, 2025

PLEASE READ THESE CAREPORTAL CARDHOLDER TERMS CAREFULLY. BY ACCEPTING A CAREPORTAL PEX CARD, YOU AGREE TO ABIDE BY THESE CAREPORTAL CARDHOLDER TERMS (THE “CARDHOLDER TERMS”).

These terms are in addition to, and not in place of, any other Website terms and policies that apply to your use of and access to the Website, including any other Terms. In the event of a conflict between any Terms, an Order Form, or the Documentation, the following order of precedence shall apply:

• first, any Order Form; then
• the Responder Terms of Use (including these Cardholder Terms by reference), Requesting Agency Terms of Use, or Implementing Partner Terms of Use; then
• the EULA; then
• other Terms; and then
• the Documentation.

2. Application

Summary: These terms for Responders are in addition to, not in lieu of, the Responder Terms and the EULA.

Each individual who uses a CarePortal PEX Card (“CarePortal Card” and each holder thereof that has been authorized by CarePortal, a “Cardholder” or “you”) is subject to these Cardholder Terms. Responders who are organizations and who have individuals who are given access to a CarePortal Card (such churches or other Responder organizations being “Responder Organizations”) are likewise responsible to ensure their Cardholders comply with these Cardholder Terms. Capitalized terms not defined in these Cardholder Terms shall have the meaning given to them in the CarePortal Registered User Terms of Service and License Agreement, as updated from time to time (the “EULA”).

• These terms are incorporated into the EULA, as if fully set forth therein.
• Your use of the CarePortal Card is also subject to the terms of the PEX terms for prepaid cards, available at https://www.pexcard.com/legal, as they may be updated from time to time (the “PEX Terms”).
• Each Responder Organization is responsible and liable for all uses of the CarePortal Cards by Cardholders with their organizations, whether such use is permitted by or in violation of these Cardholder Terms, and any act or omission by a Cardholder that would constitute a breach of these Cardholder Terms will be deemed a breach of these Cardholder Terms by the Cardholder and the Responder Organization. Responder Organizations shall ensure all Cardholders are aware of and trained on the Cardholder Terms.

3. Authorization

Summary: You have permission to use the CarePortal Card to purchase products that are called for in a Vetted Need on the Platform that you volunteer to meet.

CarePortal authorizes you to purchase goods and services (collectively “Goods”) that may be necessary to render Services in your local community (as defined by CarePortal and communicated to you and as may be updated by CarePortal in its sole discretion) in connection with the purchase of goods and services only in the fulfillment of Vetted Needs on the Platform, on behalf of CarePortal. By accepting the CarePortal Card, you accept this appointment and agree to act as such buying agent in your community and under the terms and conditions specified in these Cardholder Terms.

4. Services

Summary: As a purchasing agent of CarePortal, you agree to locate sellers of the Goods you are purchasing, follow any CarePortal directions regarding the purchasing of Goods, return defective goods, and keep accurate records of your purchases so that CarePortal can inspect them if needed.

You shall, consistent with CarePortal's direction and instruction from time to time, including in the Documentation, and only in the fulfillment of Vetted Needs on the Platform, perform the following services (the “Services”):

• Assist CarePortal in identifying and locating sellers in your community (each a “Supplier”) for the Goods. You shall have the authority to make decisions regarding the selection of Suppliers; provided that, CarePortal shall have the ability to direct all such decisions in its discretion and you shall follow any such directions or decisions communicated to you in any way by CarePortal.
• Provided that your selection of the Supplier and the Goods are consistent with any direction given by CarePortal and these Cardholder Terms, you shall have authority to purchase the Goods on behalf of CarePortal from such Supplier only in the furtherance of meeting a Vetted Need (a “Purchase”).
• Assist CarePortal in returning any defective Goods.
• Maintain complete and accurate books and records relating to the provision of Services under these Cardholder Terms, including but not limited to, purchase receipts, for at least one year.
• Permit CarePortal to inspect and/or copy your books and records related to the Services.

5. CarePortal Cards

Summary: Only enough money is authorized on the CarePortal Cards as is necessary to purchase the goods identified in the Vetted Need. All Funds on the CarePortal Card are the property of CarePortal and CarePortal may remove them at any time.

• When you agree to meet a Vetted Need on the Platform that requires a Purchase for a Community Member, CarePortal will authorize your CarePortal Card to be used for a purchase not to exceed the value of the Vetted Need identified on the Platform.
• The funds authorized by CarePortal on the CarePortal Card (the “Funds”) for a Purchase are and remain the property of CarePortal until spent. You do not have the right to use the Funds for a purpose not approved by CarePortal and not consistent with these Cardholder Terms. CarePortal may remove, spend, alter, or otherwise suspend your right to use Funds at any time and for any reason.
• If you do not use the Funds on the CarePortal card within 180 days of CarePortal authorizing the Funds for a Purchase, CarePortal may revoke the authorization for those unused Funds at CarePortal’s sole discretion at any time thereafter and the Funds will not be available for making a Purchase.
• You may not, for any reason, deliver possession of the CarePortal Card to, or allow use of the CarePortal Card by, any person not approved by CarePortal.

6. Ownership of CarePortal Cards and Funds; Excess Funds

• Title to the Funds is and remains with CarePortal and at no time will you have title to the funds. The CarePortal Card remains the property of CarePortal’s banking services provider, pursuant to the PEX Terms. You shall return the CarePortal Card upon demand from CarePortal, which demand CarePortal may make with or without cause in its sole discretion.
• If your CarePortal Card has excess Funds remaining after completing a Purchase, such Funds remain the property of CarePortal and remain subject to the terms of this Agreement, including directions and limitations on how they can be used.

7. Prohibited Uses

Summary: You may not use the CarePortal card in any way that provides a benefit to you or your church, is not authorized by CarePortal, or that conflicts with CarePortal’s charitable purposes.

Without limiting all other restrictions in these Cardholder Terms, you may not use the CarePortal Card or the Funds to:

• provide or purchase benefits to you or your organization; or
• make a Purchase that is not authorized by CarePortal to meet a Vetted Need on the Platform; or
• make any purchase that conflicts with CarePortal’s mission or charitable purpose, which you can learn more about at CarePortal.org/Our-Solution.

8. Unauthorized Charges; Lost Cards

If you believe there has been a fraudulent transaction on the CarePortal Card or the CarePortal Card number or PIN have been compromised, or if the CarePortal Card has been lost or Stolen, you must immediately alert CarePortal, follow instructions provided by CarePortal, and follow the instructions in the PEX Terms.

9. Relationship to Suppliers

You hereby certify that

• you have no relationship to, ownership of, financial interest in, or any control of, any Supplier; 
• no Supplier has an ownership or financial interest in, or any control over you; and
• no part of any payments made with Funds will inure to the benefit, directly or indirectly, of any such Supplier.

You further understand and agree that no part of any payment made with Funds will inure to your benefit through either rebate, offset, or any other form of remuneration and that you will not perform any services on behalf of any Supplier or receive any financial benefit, directly or indirectly, in any form, from any Supplier or its agents related to Purchases.

10. Title to Goods

Summary: CarePortal retains ownership of the goods purchased with the CarePortal Card until they are donated to the Community Member for which they were intended.

It is understood and agreed by the Parties that absolute title to all Goods purchased by you using the Funds shall immediately vest in CarePortal and shall remain with CarePortal until delivered to the Community Member, at which time title passes to the Community Member.

11. Compliance with Law; Registered User

Summary: You are responsible for ensuring that you are complying with the law at all times.

You hereby certify that you are in compliance with and shall continue to comply with all applicable laws, regulations, and ordinances applicable to your performance under these Cardholder Terms. You have and shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that you need to carry out your obligations under these Cardholder Terms. You certify that you are a Registered User (as defined in the EULA).

12. Term

Summary: CarePortal may terminate your CarePortal Card at any time, at which time you agree to return all CarePortal Cards. CarePortal may terminate your CarePortal Card for any reason or no reason at all.

These Cardholder Terms commence as of your acceptance of a CarePortal Card and continue thereafter until you relinquish your CarePortal Card, CarePortal terminates your CarePortal Card, or you cease to be a Registered User.

13. Termination for Convenience

CarePortal, in its sole discretion, may terminate these Cardholder Terms, in whole or in part, with or without notice, at any time without cause and without liability.

14. Post Termination Obligations

Upon expiration or termination of these Cardholder Terms for any reason, you shall promptly: 

• Deliver to CarePortal the CarePortal Card(s) in your possession or control.
• Deliver to CarePortal all documents and records relating to your use of the CarePortal Card for the previous 12 months.
• Certify in writing to CarePortal that you have complied with the requirements of this Section.

15. Entire Agreement

These Cardholder Terms constitute the sole and entire agreement of the Parties with respect to your possession and use of the CarePortal Cards, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. Notwithstanding the foregoing, nothing in these Cardholder Terms shall limit your or CarePortal’s rights or obligations arising out of or related to any other terms or policies posted on the CarePortal Website (including the EULA) or in the Documentation, to which you are subject.

16. Survival

Subject to the limitations and other provisions of these Cardholder Terms, any provision that, in order to give proper effect to its intent, should survive the expiration or termination of these Cardholder Terms, shall survive the expiration or earlier termination of these Cardholder Terms.

17. Severability

If any term or provision of these Cardholder Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Cardholder Terms or invalidate or render unenforceable such term or provision in any other jurisdiction; provided, however, that if any fundamental term or provision of these Cardholder Terms (including Sections 3 and 5), is invalid, illegal, or unenforceable, the remainder of these Cardholder Terms shall be unenforceable. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the court may modify these Cardholder Terms to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

18. Amendments

CarePortal may amend or otherwise update these Cardholder Terms at its sole discretion and shall endeavor to post the date of the latest update at the top of this page. It is your responsibility to regularly check these Cardholder Terms for updates. If you do not agree with an amendment, your sole remedy is to relinquish your CarePortal Card to CarePortal and thereby terminate these Cardholder Terms.

19. Waiver

No waiver by any Party of any of the provisions of these Cardholder Terms shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in these Cardholder Terms, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Cardholder Terms shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

20. Cumulative Remedies

All rights and remedies provided in these Cardholder Terms and any other CarePortal Terms to which you are subject are cumulative and not exclusive, and the exercise by either Party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the Parties, or otherwise.

21. Assignment

Summary: You may not give or lend your CarePortal Card to anyone or grant them authority to use the CarePortal Card under these Terms.

You shall not assign, transfer, delegate, or subcontract any of your rights or obligations under these Cardholder Terms. Any purported assignment or delegation in violation of this Section shall be null and void and you shall be fully liable for the assignee’s or delegee’s compliance with these Cardholder Terms. No assignment or delegation shall relieve you of any of your obligations hereunder. CarePortal may at any time assign, transfer, or subcontract any or all of its rights or obligations under these Cardholder Terms without your prior written consent.

22. Plain Language Summary

The plain language summaries contained in blue text boxes herein are for convenience only, are not legally binding, and have no effect on the interpretation of any other language herein.