Hello Visa* Prepaid Card - Cardholder Agreement
Please read this Agreement carefully and retain a copy for your records.
The following Agreement governs your use of the Hello Visa Prepaid Card. By activating, signing and / or using the Hello Visa Prepaid Card, you are agreeing to these terms and conditions outlined below.
Capitalized terms have the meaning ascribed to them as set out in Definitions section below.
Wallets: Your Card contains one Open Wallet and may contain many Merchant-Specific Wallets. The Open Wallet portion of your Card refers to the funds you have Loaded on your Card and/or Cash Rewards deposited into your Open Wallet. All funds held in the Open Wallet are available to be used at any merchant who accepts Visa.
The Merchant-Specific Wallets portion of your Card refers to the Coupons deposited into those wallets. Your Card is the only way to access these Coupons. Coupons added to a Merchant-Specific Wallet can only be used at the specific participating merchant POS.
Peoples Trust has no obligation or liability to you in respect of any Cash Reward and Coupon other than providing you access to them through the use of your Card. Refer to the Account Terms to understand what happens to your Cash Rewards and/or Coupons upon cancellation, expiry or termination of your Card or this Agreement.
Information Disclosure Summary (detailed terms and conditions will follow):
Card Issuer: The Hello Visa Prepaid Card is issued by Peoples Trust Company pursuant to license by Visa International Incorporated.
Card Information and Balances:
Your Balances, expiry date of the Card, and up-to-date Cardholder Agreement are available for free through the App, and the Cardholder Agreement is also available at www.hellocard.ca
. Should you want a copy of your transaction stream, to lodge a complaint regarding the use of your Card or have any questions, you may call customer service at 1-833-654-3556
Card Restrictions: Cardholders must be Canadian residents of the age of majority in the province or territory where they reside and are restricted to one Card per individual.
You may only use your Card in Canada. Any transaction for a Merchant outside of Canada or which is processed outside of Canada will be declined.Any transaction using a different currency than Canadian dollars will be declined.
You may not add funds to your Card via wire transfer. All cash instrument transactions will be declined.
You do not have the right or ability to stop the payment of any transaction you initiate with the Card.
Regular pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from the Card, are not permitted. All PAD transactions will be rejected, and Peoples Trust Company will not be liable for any costs incurred by you as a result.
You cannot obtain cash at an ATM. You are allowed to use Visa Plus* enabled ATMs to make a balance inquiry or when you need to unblock the PIN on your Card’s chip.
You may not use your Card to commit or facilitate illegal activity. Your Card may be deactivated at any time if fraud, related to your Card or use of your Card, is suspected.
Your Card is subject to daily load, transaction, and withdrawal limits as set out below. Peoples Trust Company may change these limits in accordance with Applicable Law and will post notice on www.hellocard.ca
at least thirty (30) days in advance of the date such change is to come into effect. The change will take effect on the date indicated in the notice. Your continued use of the Card, after the change to the limits has come into effect, will be taken as your acceptance of that change.
Card Expiry and Access to your funds: Your right to use the funds you’ve Loaded onto your Open Wallet does not expire. Any funds you’ve Loaded that remain on the Open Wallet portion of your Card when you cancel the Card will be refunded to you.
Funds Loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).
Limits and Fees
The limit and fee table below sets out the fees that may be imposed upon the Card. You acknowledge being advised of the fees and agree to pay all fees charged under this Agreement.
|Maximum Card Balance
|Maximum Number of POS / e-Commerce Transactions per Day
|Maximum Number of POS / e-Commerce Transactions per Month
|Maximum Amount per Single POS / e-Commerce Transaction
|Maximum Daily Cumulative Amount, POS / e-Commerce Transaction
|Maximum Monthly Cumulative Amount, POS / e-Commerce Transaction
|Maximum Number of Loads Per Day
|Maximum Number of Loads Per Month
|Maximum Amount Per Single Load Transaction
|Maximum Daily Cumulative Amount, Loads
|Maximum Monthly Cumulative Amount, Loads
|Maximum Yearly Cumulative Amount, Loads
|Maximum Daily Cumulative Amount, Coupons
|Card Cancelation (applies only on Open Wallet)
||1% of remittance
|Inactivity (billed monthly if your Card has not been used for 365 days, applies only on Open Wallet)
||$1 / month
|Load - Credit Card (Visa / Mastercard / Amex, minimum $20 Load)
||2.5% of Load
|Load - Interac e-Transfer (minimum $50 Load)
† Limits referring to Open Wallet apply in conjunction with Credit Card Loads and Interac e-Transfer Loads
†† Subject to change. See detailed terms and conditions below for details. Please also note: The Card may be deactivated at any time if fraud, related to the Card or use of the Card, is suspected.
Lost or Stolen Card or PIN: You must take all reasonable steps to protect your Card and / or PIN against loss, theft, or unauthorized use. You should not maintain a written record of or disclose the PIN to a third party, including family members and friends. If you lose your Card or you become aware that your PIN may have become known to someone else, you should lock your Card in the App and call us immediately at 1-833-654-3556. Avoid PIN combinations that may be easily guessed by others. All transactions carried out on your Card before you notify us will be considered to have been made by you.
If you forget the PIN, you can either use the App to retrieve your PIN or call customer service at 1-833-654-3556 to obtain assistance. The PIN will be disabled if an incorrect PIN is entered three (3) consecutive times. If the PIN is disabled, please call customer service at 1-833-654-3556 for assistance.
Split Tender Transactions: If the Available Balance on your Card is not sufficient to cover the full Transaction Amount, you may ask the merchant if they will accept a split tender transaction. A split tender transaction allows you to use the remaining Available Balance on your Card to pay for part of the Transaction Amount and cover the difference with another form of payment (e.g. cash, cheque, credit or debit). Some merchants may require cash payment to cover the difference. If you fail to inform the merchant that you would like to complete a split tender transaction prior to using your Card, your Card may be declined. Merchants do not have to and may not accept split tender transactions.
Key Cardholder Responsibilities under this Agreement:
- You must take all reasonable steps to protect the Card (and PIN, if applicable) against loss, theft, or unauthorized use. If you lose the Card (or PIN), you must call customer service immediately.
- You must activate and sign the Card as instructed upon receipt of the Card.
- You must surrender the Card to us immediately upon request by us.
- You must ensure that there is a sufficient Available Balance on the Card to cover the full amount of transactions made with the Card.
- If your information, associated with the Card, changes, you must notify Hello Network or us of the change(s).
- If you become aware that your information, associated with the Card, is incorrect, you must notify Hello Network or us of the correct information.
- If you find an error in any transaction record, you must communicate the error to the merchant with whom you made the transaction.
- If you wish to dispute a transaction on your Card, you must notify us in writing of your dispute within sixty (60) days of the transaction date.
- You must only use our online resources as set out in ‘Website, App and Availability’, below.
Detailed Terms and Conditions:
"Amendment" refers to any change to a term or condition of this Agreement or to the addition of a new term or condition, including increasing or adding new fees.
"App" means the mobile device application providing consumer interface to your Account, as offered and made available by Hello Network in accordance with the Account Terms and this Agreement.
"Governmental Authority" means any federal, provincial, territorial, regional, municipal or local governmental authority, any government agency (including the Office of the Superintendent of Financial Institutions (OSFI)), government organization, commission, board, professional agency, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, in each case to the extent it has jurisdiction over Peoples Trust Company and/or Hello Network or any Person, property, transaction, activity, event or other matter related to this Agreement. The above definition is deemed to include any interim or permanent transferee or successor of a Governmental Authority’s underlying mandate, function or activity.
"Card" refers to the Hello Visa Prepaid Card activated, received, signed or used by the Cardholder.
"Load" or "Loading" or "Loaded" mean adding or transferring funds to the Open Wallet portion of the Card to obtain or increase the Open Wallet Balance.
"Account" or "Hello Account" means the Hello Program digital account via which the Card is made available and provided to you.
"Account Terms" means the Hello Terms and Conditions (available on the Website) governing your Account, which you must accept in order to submit an application to receive a Hello Visa Prepaid Card.
"Coupon" means the value, obtained by any means through the products and services of Hello Network, stored in a Merchant-Specific Wallet, for use at that specific Merchant.
"Agreement" means this Hello Visa Prepaid Card Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein, which govern your use of the Hello Visa Prepaid Card.
"ATM" means an Automated Teller Machine.
"Canada’s Anti-Spam Legislation (CASL)" means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada)", and its regulations, as may be amended from time to time.
"Applicable Law" means the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Act Respecting the Protection of Personal Information in the Private Sector (Québec), the Consumer Protection Act (Québec), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), Canada’s Anti-Spam Legislation (CASL), PCI DSS or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust Company and the Hello Network are subject to, or any bylaw, operating rule or regulation of Visa.
"Merchant" means an entity registered in the Hello Program selling goods and/or services that can be purchased through the use of the Card at its point-of-sales.
"Transaction Amount" is the amount that is debited from the Balance in connection with the Cardholder’s use of the Card to purchase goods or services, which includes the amount of the Balance to be transferred, the Card service charges and the taxes imposed to complete the transaction.
"PIN" means a Personal Identification Number used with your Card for POS transactions for additional security.
"we", "us", "our", and "Peoples Trust" each mean Peoples Trust Company, and our successors, subsidiaries, affiliates, or assignees.
"Affiliate Partner" means the commercial entities which have entered into an agreement with Hello Network to provide Cardholders with a variety of purchase incentives, offers, and/or rewards.
"PCI DSS" means a multifaceted security standard defined by Payment Card Industry Security Standards Council and includes requirements for security management, policies, procedures, network architecture, software design and other critical protective measures.
"POS" means point of sale, where you can use the Card to purchase goods or services from a merchant.
"Person" means an association, a corporation, an individual, a partnership, a trust, an unincorporated organization or any other entity or organization.
"Open Wallet" means the funds Loaded to your Card either by you or via a Cash Reward to be used with any merchant who accepts Visa.
"Merchant-Specific Wallet" means the aggregate of all Coupons held and available on your Card, for use at that specific Merchant.
"Hello Program" means the program governed by Hello Network which connects Cardholders to Merchants and Affiliate Partners who may provide a variety of purchase incentives, offers and/or rewards.
"Cash Reward" means the value, received as a reward through the products and services of Hello Network, to be used with any merchant who accepts Visa.
"Cardholder Information" means all information in respect to the Cardholder and of the Card or its use, as more fully described in the section entitled Collection of Your Personal Information.
"Hello Network" means Hello Network Inc which is the entity responsible for implementing, managing, and administering the prepaid program for Peoples Trust Company.
"Available Balance" means the aggregate of the Merchant-Specific Wallet Balance for that specific Merchant and the Open Wallet Balance.
"Open Wallet Balance" means the remaining amount of funds available to you within your Open Wallet held on your Card.
"Merchant-Specific Wallet Balance" means the aggregate of the remaining unused value of all Coupons for a specific Merchant.
"Balance" means the aggregate of all Merchant-Specific Wallet Balances and the Open Wallet Balance.
"Cardholder" means the individual to whom the Card has been issued.
"Visa PayWave*" means the Visa contactless payment system, which allows you to make payments by tapping your Card at any contactless-enabled POS.
"Visa" means Visa International Incorporated, and its successors and assigns.
"you", "your" and "yours" each mean the Cardholder.
The Hello Visa Prepaid Card: The Card is a prepaid Visa that can be used anywhere in Canada, that Visa is accepted, including mail order, online, telephone, and POS retail merchants, subject to the terms of this Agreement.
Activating the Card: The physical Card cannot be used for any purpose until it has been activated in accordance with the instructions in the welcome letter that accompanies the card when you receive it by mail, and signed by you on the back of the Card where indicated. We will mail your Card to the address you provide to us.
Use and Ownership of the Card: To use the Card, simply present the Card at the time of payment, and enter your PIN (or sign the receipt with the same signature as on the back of the Card). You should retain the receipt as a record of the transaction. As you use the Card, the Balance will be reduced by the full amount of each purchase including taxes, charges, and other fees, if any. If you use your Card for card-not-present transactions (such as online, mail or telephone purchases), the legal effect is the same as if you used the physical Card.
When you use a Merchant-Specific Wallet at a specific Merchant, the value you use as Coupons from that Merchant will be deducted from the balance for that Merchant. If the Merchant-Specific Wallet Balance is not sufficient to cover the cost of the goods or services you wish to purchase by redeeming your Coupons for the applicable Merchant, any funds held in your Open Wallet will automatically be applied on account of any excess amount causing your Open Wallet Balance to be affected. If there are not sufficient funds in your Open Wallet to cover such excess, you will need to request a split tender transaction.
If your Card supports contactless payments, your Card can also be used at any POS that accepts Visa PayWave*, subject to merchant purchase limits.
You are solely and completely responsible for the possession, use, and control of the Card. You must surrender the Card to us immediately upon request by us. The Card is provided to you, only. If you authorize another person to use the Card, you agree, to the extent permitted by law, that you will be liable for all transactions arising from use of the Card by such person.
You agree that, if a merchant required that you sign the sales draft, we are not required to verify your signature on any sales draft prepared in connection with a transaction on the Card and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on the Card.
We are not liable to you for declining authorization for any particular transaction, regardless of our reason.
We may, in our sole discretion, cancel or suspend any features or services of the Card at any time, with or without cause, with thirty (30) days’ notice to you or as otherwise required by Applicable Law.
Some merchants (including, but not limited to, fuel stations, restaurants, hotels, cruise lines, or car rental companies) may pre-authorize the Transaction Amount for the purchase amount plus up to 20% (or more) above the purchase amount to ensure there are sufficient funds available in your Available Balance to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Available Balance will not cover the Transaction Amount plus the additional amount.
A pre-authorization will place a ’hold’ on an amount of your Available Balance funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the pre-authorization amount on hold in excess of that final payment amount will be released. The time it takes for a pre-authorization hold to be removed may vary depending on the type of merchant. The hold is typically removed within fourteen (14) days for most standard merchants. During the hold period, you will not have access to the pre-authorized amount.
Loading Funds: The Open Wallet portion of your Card is reloadable and the methods available for adding or transferring funds to your Open Wallet are listed on the Website and in the App. The load methods may change from time to time and some load methods are offered by third party service providers and are subject to additional fees. See the Website and App and the applicable service providers’ terms and conditions for more details. The funds provided by you to load your Open Wallet are not a deposit, and your Open Wallet Balance on the Card do not establish a separate individual deposit account with us or any other Canadian financial institution. Subject to applicable Card fees, funds Loaded to the Card will be available immediately after the Load is confirmed. The time before funds become available may vary depending of the Load method. You will not receive interest on any funds you Load and hold onto the Card.
Load services are provided by Hello Network or its service providers, and not by us. You agree that Hello Network, or its service providers, act as your authorized agent, and not as ours, and have your full consent to instruct us with respect to Loading funds. You agree that we may accept instructions to load funds on your Card as if we received those instructions directly from you in writing. You agree that we are not obligated to verify the instructions we receive from Hello Network or its service providers with you, or to ensure that Hello Network or its service providers deal with any funds paid to them in accordance with your instructions to them. YOU ALSO AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY ERRORS MADE OR LOSS CAUSED BY HELLO NETWORK OR ITS SERVICE PROVIDERS IN PROVIDING US WITH LOAD INSTRUCTIONS UNDER ANY CIRCUMSTANCES, INCLUDING IF HELLO NETWORK OR ITS SERVICE PROVIDERS ARE NOT ACTING ON OR IN ACCORDANCE WITH PROPER OR GENUINE INSTRUCTIONS FROM YOU. In such cases, you agree that you will not make or advance any claim against us, and that your sole claims, if any, shall be against Hello Network or its service providers who provided us with instructions, and subject to the terms of any agreements you may have with those parties. Methods available for Loading or requesting repayment of funds on your Card, or allocating funds for savings purposes, may be obtained on the App or otherwise from Hello Network. You may be required to enter into other agreements with Hello Network or its service providers to obtain these services.
Information about Balances: It is your responsibility to ensure that there is a sufficient Available Balance on the Card to cover transactions plus any pre-authorized amounts. Your Open Wallet Balance and your Merchant-Specific Balances are available through the App. If you have any concerns about your Balances, you may call customer service at 1-833-654-3556. Your Card Balances will reflect all transactions that have been posted to our system. You are not allowed to exceed the Available Balance for any transaction.
You should receive a paper record of each POS transaction for which you use the Card. It is your responsibility to obtain such record and ensure that it is accurate. Peoples Trust is not responsible for providing you with any transaction record or periodic statement. If you identify an error in any transaction record, you must address the error directly with the merchant. Peoples Trust will, upon your request, e-mail to you an electronic copy of the statement of transactions made with your Card.
Insufficient or Negative Balance, Inactivity, and Excess Credit: If you attempt to use the Card when there is insufficient Available Balance to cover the full Transaction Amount, the transaction in most instances will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite an insufficient Available Balance, creating a negative amount in your Open Wallet Balance, you agree to reimburse us, upon request, for the amount required to bring the Open Wallet Balance back to a positive balance. If three (3) consecutive transactions are conducted while the Card has a negative Open Wallet Balance, we will disable the Card to prevent any further transactions until the Open Wallet Balance on the Card is brought back to a positive balance. You must not attempt to cause the Open Wallet to have a negative balance. If a negative Open Wallet Balance is created on the Card following any transaction initiated or authorized by you, then you agree to repay the amount of the negative Open Wallet Balance to us within ten (10) days of such transaction.
If the Card has a negative Open Wallet Balance for sixty (60) consecutive days, we will put the Card into a suspended state so that no other transaction can be processed. Please call customer service at 1-833-654-3556 if you wish to continue using the Card.
Expiry Date: The Card will be valid and usable until the Card expires. Your right to use the funds you Loaded on the Open Wallet portion of your Card will never expire. Call customer service at 1-833-654-3556 to receive a replacement Card, which will be issued provided that your Account is in good standing. The Card Replacement Fee (see table above) is applicable.
Protection against Loss, Theft, or Unauthorized Use: If your Card is lost or stolen, you must notify us immediately. You will be asked to provide us with your name and the Card Reference ID (9-digit number indicated at the back of the Card), and to answer an identifying question drawn from your personal information. Until the Card is cancelled, someone might be able to use the Open Wallet Balance or a Merchant-Specific Wallet Balance on the Card. Your Card can be used without a PIN to make purchases online. Report lost or stolen Cards promptly.
After we have processed all transactions completed before we had an opportunity to act on your information, we will refund any remaining unused funds you’ve Loaded on your Open Wallet (less the Card Cancellation Fee – see table above). We recommend you write down or safely record the Card Reference ID (9-digit number indicated at the back of the Card) and the customer service number (1-833-654-3556) in case the Card is lost or stolen.
A replacement Card, with any remaining funds which were available prior to the replacement card request and any unexpired Coupon held in each Merchant-Specific Wallet, will be issued within fourteen (14) days after you report the Card lost or stolen, to ensure that all transactions have been processed properly. The Card Replacement Fee will apply (see table above). You agree, to the extent permitted by Applicable Law, to cooperate completely with us in our attempts to recover stolen funds from unauthorized users and to assist in their prosecution.
With the Visa Zero Liability Policy, you will not be liable for any unauthorized use of the Open Wallet portion of your Card. You must notify us immediately of any unauthorized use. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days after all the required forms and documents have been received and confirmed by us and may require a police investigation. Visa Zero Liability Policy does not apply for the Coupons you held within your Merchant-Specific Wallets.
Personal Information Consent: By applying for a Card, you consent to the collection, use, disclosure and retention of your personal information by Hello Network (pursuant to the Account Terms), Peoples Trust and their service providers for purposes relating to your application for a Card, your use of a Card (if a Card is issued to you) and as otherwise described below.
The collection of personal information is necessary for the entering into and execution of this Agreement. If you do not consent to the collection, use, disclosure and retention of your personal information as set out in this Agreement, and in the Account Terms, you may not apply for or use a Card. You may withdraw your consent at any time, and upon notice of such withdrawal, your Card and all related services from us and Hello Network will terminate in accordance with the terms below.
Safeguarding Your Personal Information: We protect personal information in our possession or control against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. We employ around the clock monitoring systems and controls in compliance with industry standards to detect and prevent fraudulent activity. We also build fraud prevention measures into our due diligence processes and regularly update our fraud detection/prevention methods. While we take reasonable precautions to protect your personal information, you agree that no security system is completely secure from a breach. If we become aware or suspect that a security breach has occurred, we agree to take action promptly, to investigate the actual security breach, to identify and mitigate the effects of any such security breach and to implement reasonable and appropriate measures in response to such security breach, including, but not limited to, immediate remedial action designed to prevent any future such occurrence. We expect you to use appropriate measures to protect your personal information as well.
Collecting your Personal Information: Peoples Trust, Hello Network and its service providers will collect information about you (e.g. your name, address, telephone number, profession and date of birth) when you apply for a Card and, if a Card is issued to you, we, Hello Network and its service providers will collect information about you and your use of the Card and related services, including information about your Card transactions (e.g. the date, amount and place of each transaction) and other information as set out in the Account Terms. We, Hello Network and its service providers will collect your Cardholder Information directly from you and from other sources, including third party providers of identity verification, demographic and fraud prevention services.
Peoples Trust and Hello Network will disclose your Cardholder Information to our service providers to assist us to provide services to you and to provide related services to us.
Using Your Personal Information: Peoples Trust, Hello Network and its service providers will use, disclose and retain your Cardholder Information to process your application for a Card (including to verify your identity) and, if a Card is issued to you, to provide you with services relating to your Card (including to administer your Card and to process your Card transactions), to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce their legal rights and for other purposes required or permitted by Applicable Law.
We maintain physical, electronic, and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.
Peoples Trust, Hello Network and its service providers may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). The personal information protection laws of those countries might be different from the laws of the jurisdiction in which you are located, and might permit courts, government, law enforcement and regulatory agencies and security authorities to access your Cardholder Information without notice. The laws on data protection in other jurisdictions, to which we may transfer your information, may differ from those in your jurisdiction and any personal information transferred to another jurisdiction will be subject to law enforcement and national security authorities in that jurisdiction. Subject to these laws, we will use reasonable measures to maintain protections of your personal information that are equivalent to those that apply in your jurisdiction. You hereby give your consent to such cross-border transfers (including the United States) of such personal information to third parties for the purpose set out above.
Peoples Trust and Hello Network will use and rely on your Cardholder Information to issue and administer your Card and provide related services. We, Hello Network and its service providers will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You agree to promptly inform us and Hello Network (by contacting customer service at 1-833-654-3556) of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information. You may communicate with us through customer service with regards to requests to access information related to you that we have obtained. If such information is obtained from providers of identity verification data and demographic information, we will inform you of your right of access and correction in relation to the file held by the personal information agent and will indicate to you the manner in which and the place where you may have access to the reports or recommendations and cause them to be corrected, where necessary.
Peoples Trust, Hello Network and its service providers may use your Cardholder Information (including your telephone and mobile phone numbers and your email addresses) to contact you, including by regular and electronic mail, telephone call (including by pre-recorded or artificial voice messages and automatic telephone dialing systems) and instant messaging, regarding your Card and related matters, regardless of whether you incur any long distance or usage charges as a result.
Peoples Trust, Hello Network and its service providers may monitor and record their communications and correspondence with you (including emails, online chats and /or telephone calls) for quality assurance, staff training and legal compliance purposes. With your consent, Peoples Trust and its service providers may share this information for audit related purposes to ensure you are receiving the best possible customer service.
You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by calling customer service at 1-833-654-3556 and cancelling your Card and all related services from us. If you withdraw your consent, Peoples Trust and Hello Network will continue to collect, use, disclose and retain your Cardholder Information for as long as may be reasonably required to perform services relating to the cancellation of your Card, to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law.
Other Uses of your Personal Information: In addition to the above, if you consent to a third party collecting and using your personal information (including any Cardholder Information) for their own purposes (not as our service provider), including to send marketing and promotional messages to you, you will need to contact that third party directly to manage or withdraw your consents regarding your personal information as neither we nor Hello Network have any control over, and will not be responsible or liable for, the collection, use, disclosure and retention of your personal information by the third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the third party. The restrictions and requirements described above do not apply to Cardholder Information that is aggregated or otherwise de-personalized and does not identify you.
Notification and Change of Terms: Subject to the limitations of Applicable Law, we may from time to time amend any term or condition of this Agreement or add a new term or condition, including increasing or adding new fees. As required by Applicable Law, notice of any Amendments will be sent to you at the most recent mailing or email address that we have on record for you. We must, at least thirty (30) days before the Amendment comes into force, send you a written notice drawn up clearly and legibly, setting out the new clause(s) only, or the amended clause(s) and the clause(s) as it (they) read formerly, the date of the coming into force of the Amendment and your rights set forth below.
You may refuse the Amendment and rescind this Agreement without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the Amendment comes into force, if the Amendment entails an increase in your obligations or a reduction in our obligations. If you choose to rescind this Agreement, the Cancellation section of this Agreement will apply. Notification of any Amendment will also be posted on the Website at least sixty (60) days in advance of the effective date of the Amendment, unless otherwise required by Applicable Law. The change will take effect on the date indicated in the notice. You are responsible for informing us of any change in your mailing or email address, by contacting customer service at 1-833-654-3556, and for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic mail.
You may notify us by delivering notice to the Distributor or sending notice to us at the Website (other than notification of a lost or stolen Card, which may only be done by telephone as set out above). Notice will be deemed to be received on the date of delivery of notice to us or the Distributor, as applicable, and the next business day after electronic mail.
Purchase Disputes and Refunds: If you believe a transaction on your Card account is incorrect, you must notify customer service in writing of your dispute within sixty (60) days of the transaction date. Following your notification, a dispute form will need to be completed and emailed to the customer service team. You can obtain a dispute form by calling customer service at 1-833-654-3556 and following the prompts for lost or stolen cards. Please note that this form must be received within ninety (90) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction.
If you identify an error in any transaction record, you must address such error with the applicable merchant. If there is any dispute in regard to purchases you make using the Card, you agree to settle such disputes with the merchant from whom the purchase was made. Please ask the merchant for any return policy that may apply to purchases made with the Card. We are not responsible for any problems you may have with any goods or services that you purchase with your Card, whether with regard to quality, safety, legality, or any other aspect of your purchase. If you are entitled to a refund for any reason for goods or services obtained using the Open Wallet, you agree to accept credits to the Open Wallet Balance of your Card in place of cash.
If you have a complaint or inquiry about any aspect of your Card, first attempt to resolve the complaint or inquiry by calling customer service at 1-833-654-3556
. We will do our best to resolve your complaint or inquiry. If customer service is unable to resolve the complaint or inquiry to your satisfaction, please call us at 1-855-694-6214
or submit your complaint or inquiry through the form found on the Peoples Trust website at http://www.peoplestrust.com/en/about-us/contact/
. We will do our best to resolve your complaint or inquiry.
If for some reason we are unable to resolve the issue to your satisfaction, you may refer your inquiry or complaint to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If the Cardholder has a concern regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, the concern may be communicated at any time to the Financial Consumer Agency of Canada, either in person, by letter, by telephone, or through its website at:
Financial Consumer Agency of Canada,
427 Laurier Avenue West, 6th Floor Ottawa, ON, K1R 1B9
Cancellation: You may at any time terminate this Agreement by calling 1-833-654-3556. We will cancel the Card, issue and mail a cheque to you with any remaining funds you’ve Loaded on your Open Wallet of your Card, less the Card Cancellation Fee. The cheque will be mailed to you within three (3) to five (5) business days.
This Agreement may be terminated by us at any time. Upon termination notification, you will immediately return the Card as per the instructions provided to you in the termination notification. Provided you are not in default of your obligations under this Agreement, termination notification will be provided to you in writing at least sixty (60) days before the date of termination. Reimbursement of any remaining unused funds you’ve Loaded in your Open Wallet less any outstanding fees will be returned to you via cheque to the last known address you provided. The cheque will be mailed to you within 45 days of the cancellation request. Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.
Arbitration: Subject to all other terms of this Agreement, and to the extent not prohibited by Applicable Law, you agree that any claim of any kind against us, Hello Network, or Visa arising from or related to this Agreement or the use of the Card (i) shall be resolved by final and binding arbitration before a single arbitrator at Vancouver, British Columbia and (ii) shall not be brought through class or individual litigation proceedings. If such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.
No Warranty of Availability or Uninterrupted Use: FROM TIME TO TIME, CARD SERVICES MAY BE INOPERATIVE, AND WHEN THIS HAPPENS, YOU MAY BE UNABLE TO USE YOUR CARD OR OBTAIN INFORMATION ABOUT THE BALANCES ON YOUR CARD. PLEASE NOTIFY THE CUSTOMER SERVICE IF YOU HAVE ANY PROBLEMS USING YOUR CARD. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.
Third Party Claims: In the event we reimburse you for a refund claim you have made, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Open Wallet Balance of your Card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to your Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited to you. If we do not exercise our rights under this section, we do not give up our rights to exercise them in the future.
Disclaimer of Warranties: EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT AND EXCEPT FOR ANY APPLICABLE WARRANTIES SET OUT IN THE CONSUMER PROTECTION ACT (QUEBEC), WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability: EXCEPT IN QUEBEC, OR AS EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. ALSO, WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES. IN NO EVENT WILL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
Website, App and Availability: Although considerable effort is made to ensure that the App, Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance or Website changes or failures, nor will we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labour disputes or armed conflicts. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment.
You agree to act responsibly with regard to the Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.
Assignment and Continuity of Card Services: At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. If we do make such an assignment, then this Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns.
Entire Agreement: This Agreement sets forth the entire understanding and Agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or Agreements with respect to such subject matter.
Governing Laws: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable therein.
FOR RESIDENTS OF QUÉBEC ONLY: The parties attorn to the jurisdiction of Quebec and this Agreement will be construed in accordance with and governed by the laws of the province of Quebec and the laws of Canada applicable therein.
Section Headings: Section headings in this Agreement are for convenience of reference only and will not govern the interpretation of any provision of this Agreement.
Severability: If any part of this Agreement is found to be invalid or unenforceable by any court or government agency of competent jurisdiction, that invalidity or unenforceability will not affect the remainder of this Agreement, which will survive and be construed as if such invalid or unenforceable part had not been contained herein.
Contact Information: If you need assistance, or you have questions or concerns, regarding the Card or these terms and conditions, you may visit the Website, or call customer service at 1-833-654-3556.
*Visa Int./Peoples Trust Company, Licensed User
Effective: December 1st, 2019