Hello Instant 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 Instant Visa Prepaid Card. By activating, signing and / or using the Hello Instant 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 may contain only Merchant-Specific Wallets which 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 Merchants POS. The Card enables you to access the Balance in your Merchant-Specific Wallets if you act in accordance with this Agreement and with the Hello Account Terms.
Peoples Trust has no obligation or liability to you in respect of any Coupon other than providing you access to them through the use of your Card. Refer to the Hello Account Terms to understand what happens to your 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 Instant 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:
Card is not returnable or refundable.
Card may be preloaded.
Card is reloadable. Only Hello Network can load funds onto the Card.
Card cannot be used for pay-at-pump transactions.
You may only use your Card at participating Merchants in Canada. Any transaction for a non-participating Merchant, a Merchant outside of Canada or a Merchant that processes transactions 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.
You cannot make cash withdrawals with the Card.
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.
You do not have the right to stop the payment of any transaction you conduct with the Card.
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.
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.
LIMITS |
General |
Maximum Number of POS / e-Commerce Transactions per Day |
100 |
Maximum Number of POS / e-Commerce Transactions per Month |
1,000 |
Maximum Amount per Single POS / e-Commerce Transaction |
$1,000 |
Maximum Daily Cumulative Amount, POS / e-Commerce Transaction |
$1,000 |
Maximum Monthly Cumulative Amount, POS / e-Commerce Transaction |
$10,000 |
FEES†† |
General |
Card Activation |
Free |
Card Replacement |
$10 |
Card Cancelation |
Free |
† Subject to change. See terms and conditions below for details.
†† Additional fees may be charged for use of ATMs by ATM operators, over which we have no control.
Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).
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 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. 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 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:
Definitions:
"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.
"Agreement" means this Hello Instant 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 Instant Visa Prepaid Card.
"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 Hello Account, as offered and made available by Hello Network in accordance with the Hello Account Terms and this Agreement.
"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.
"ATM" means an Automated Teller Machine.
"Available Balance" means the aggregate of the Merchant-Specific Wallet Balance for that specific Merchant.
"Balance" means the aggregate of all Merchant-Specific Wallet Balances.
"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.
"Card" refers to the Hello Instant Visa Prepaid Card received, activated, signed or used by the Cardholder.
"Cardholder" means the individual to whom the Card has been issued.
"Cardholder Information" means the card and personal information collected from the Cardholder.
"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.
"Distributor" means each distribution agent and/or retail outlet which offers the Card to consumers. A Distributor is not an agent, mandatary, or representative of Peoples Trust Company.
"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.
"Hello Account" means the Hello Program digital account via which the Card is made available and provided to you.
"Hello Account Terms" means the Hello Terms and Conditions (available on the Website) governing your Hello Account, which you must accept prior to activate a Hello Instant Visa Prepaid Card.
"Hello Network" means Hello Network Inc which is the entity responsible for implementing, managing, and administering the prepaid program for Peoples Trust Company.
"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.
"Merchant" means an entity registered in the Hello Program selling goods and/or services that can be purchased using the Card at its point-of-sales.
"Merchant-Specific Wallet" means the aggregate of the remaining unused value of all Coupons for a specific Merchant.
"Merchant-Specific Wallet Balance" means the aggregate of the remaining unused value of all Coupons for a specific Merchant.
"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.
"Person" means an association, a corporation, an individual, a partnership, a trust, an unincorporated organization or any other entity or organization.
"PIN" means a Personal Identification Number used with your Card for POS transactions for additional security.
"POS" means point of sale, where you can use the Card to purchase goods or services from a merchant.
"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.
"Visa" means Visa International Incorporated, and its successors and assigns.
"Visa PayWave*" means the Visa contactless payment system, which allows you to make payments by tapping your Card at any contactless-enabled POS.
"we", "us", "our", and "Peoples Trust" each mean Peoples Trust Company, and our successors, subsidiaries, affiliates, or assignees.
"Website" means www.hellocard.ca.
"you", "your" and "yours" each mean the Cardholder.
Acceptance: This Agreement constitutes a binding agreement between you and us with respect to the terms of use of the Card.
The Hello Instant Visa Prepaid Card: The Card is a prepaid Visa that can be used at Merchants in Canada, 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 provided before activating the card and signed by you on the back of the Card where indicated.
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, you will need to request a split tender transaction.
If your Card supports contactless payments, your Card can also be used at the POS if the merchant 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.
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 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 a Merchant- Specific Wallet, you agree to reimburse us, upon request, for the amount required to bring the Merchant- Specific Wallet Balance back to a positive balance. If three (3) consecutive transactions are conducted while the Card has a negative Merchant-Specific Wallet Balance, we will disable the Card to prevent any further transactions until the Merchant-Specific Wallet Balance on the Card is brought back to a positive balance. You must not attempt to cause a Merchant-Specific Wallet to have a negative balance. If a negative Merchant-Specific 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 Balance to us within ten (10) days of such transaction.
If the Card has a negative Merchant-Specific 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. Call customer service at 1-833-654-3556 to receive a replacement Card, which will be issued provided that your Hello 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 Hello Account. Until the Card is cancelled, someone might be able to use 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.
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.
Notice Of Data Protection And Privacy Policy: Information We Collect/Information Security: We may obtain personal information (Cardholder Information) about you, including information (i) provided to us by the Distributor, such as your name and/or your address, (ii) provided by you contacting our customer Service (see the Contact Information section of the Agreement), and (iii) about purchases you made with the Card, such as the date of the purchase, the amount and the place of purchase. We may also obtain information from providers of identification services and demographic information. You may communicate with us through our customer service toll-free number or the Website with regards to requests to access or rectify 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 rectification 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 rectified, where necessary. Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information unless otherwise specifically disclosed or agreed to by you. We maintain physical, electronic, and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.
Safeguarding Your Personal Information: We protect personal information in our possession or control from loss, theft, alteration, and misuse. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. Although technologies can make it easier for fraud to occur, we employ around the clock monitoring systems and controls 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 precautions to protect your personal information from loss, theft, alteration, or misuse, no system or security measure is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate measures to protect your personal information as well.
Using Your Personal Information: We may use Cardholder Information (including the transfer of your information to individuals or organizations in the United States) to process Card transactions, to process claims for lost or stolen Cards, to help protect against fraud, and to conduct research and analysis with our Cardholders through mail, phone or email surveys. If you have provided your consent, we and/or our Distributor may use Cardholder Information for direct mail communications and/or emails about upcoming promotions and offers. We will provide information about you and your participation in the program to the Distributor. We may provide certain Cardholder Information to others as permitted by Applicable Law, such as to government entities or other third parties in response to subpoenas.
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 Canada. 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.
Should you not wish to accept these data protection terms and conditions or wish to withdraw your consent and cancel the Card, you must communicate with customer service and request we cancel the Card and discontinue any further use of your personal information.
Notification and Change of Terms: Subject to the limitations of Applicable Law, we may at any time change or remove any of the terms and conditions of, or add new terms or conditions to this Agreement, except that we will never add any new fees to your Card or increase any existing fees. We will post any such changes, as well as the most recent version of this Agreement, on the Website. As of the effective date included in any notice, the changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. You are responsible for checking our Website for such notifications. You will be deemed to accept and be bound by the amendment upon use of the Card following the effective date of the Amendment. If you do not agree to any change of this Amendment, you agree to immediately stop using the Card and notify us that you are terminating this Agreement. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system or comply with Applicable Law. If such a situation does arise, then you will be given notice as soon as reasonably possible in the circumstances.
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 a Merchant-Specific Wallet, you agree to accept credits to the Merchant-Specific Wallet Balance in place of cash.
Complaints: 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
Telephone:
1-866-461-3222
www.fcac-acfc.gc.ca
Cancellation: You may at any time terminate this Agreement by calling 1-833-654-3556. We will cancel the Card and any funds in your Merchant-Specific Wallets will be forfeited.
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. Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.
Arbitration (Not Applicable to Residents of Quebec): 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 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: May 24, 2022