Hello Network - Terms and Conditions
Please read these Terms and Conditions carefully.
The following Terms and Conditions form a legal agreement between the User and Hello Network Inc. that governs the Hello Program.
In which case you obtain a Hello card, you understand and agree that your participation in the Hello Program is also subject to all of the terms and conditions related to your Card found in the Cardholder Agreement.
Capitalized terms have the meaning ascribed to them as set out in Definitions section below.
Definitions
"Account" or "Hello Account" means the Hello Program digital account linked to the User.
"Affiliate Partner" means the commercial entities which have entered into an agreement with Hello Network to provide Hello users with a variety of purchase incentives.
"Agreement" means these Terms and Conditions between Hello Network and the User.
"App" means the mobile device application providing consumer interface to your Account, as offered and made available by Hello Network in accordance with 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 the Hello Network is subject to, or any bylaw, operating rule or regulation of Visa*.
"Card" refers to a Hello Visa Prepaid Card activated, received, signed or used by its Cardholder.
"Cardholder" means the individual to whom the Card has been issued.
"Cardholder Agreement" means the terms and conditions agreement for the Hello Visa Prepaid Card between the Cardholder and Peoples Trust Company.
"Coupon" means the value, obtained by any means through the products and services of Hello Network, stored in a Merchant-Specific Wallet.
"Hello Program" means the program governed by Hello Network which connects Hello users to Merchants and Affiliate Partners who may provide a variety of purchase incentives.
"Hello Space" refers to a hosted microsite, in a subdirectory of espacehello.ca where the Offers of an Affiliate Partner are displayed.
"Merchant" means an entity registered in the Hello Program selling goods and/or services that can be purchased through the use of a Card at its points of sale.
"Merchant-Specific Wallet" means the aggregate of all Coupons held and available on a Card, for use at the eligible Merchants. It may appear on our Sites under a different but unambiguous label (e.g. My Balances, My Wallets, etc.).
"Offer" means the digital offering of a purchase incentive redeemed through the use of a Card at eligible Merchants, as further detailed in the “Offers” section below.
"Open Wallet" means the funds loaded to a Card by an individual to be used with any merchant who accepts Visa. It may appear on our Sites under a different but unambiguous label (e.g. My Cash, My Balance, etc.).
"Sites" means the Websites, the App and any consumer interface owned by us which you interact with (which excludes Affiliate Partners’ and Merchants’ websites and mobile applications).
"we", "us", "our", and "Hello Network" mean Hello Network Inc., and our successors, subsidiaries, affiliates, or assignees.
"Visa" means Visa International Incorporated, and its successors and assigns.
"you", "your" and "yours" mean the User.
Eligibility
The Hello Program allows you to benefit from purchase incentives that can be used with a Card. To be eligible for the Hello Program, you must have an Account. There can only be one Account per individual. Access to some optional Hello Program features (e.g. viewing your Card PIN) may require you to download the App on your mobile device.
Participating in the Hello Program
Open Wallet: You must have a Hello Card with an Open Wallet to use it at any merchant that accepts Visa. Please consult the Cardholder Agreement for more information about how to load and use your Open Wallet.
Please consult the Cardholder Agreement for more information about how to load and use your Open Wallet.
Coupons: Your Coupons are available to be used at specific Merchants point-of-sales.
When you obtain a Coupon through the platform of an Affiliate Partner outside of our Sites, we have no obligation or liability to you in respect to any Coupon other than providing our Affiliate Partners the products and services to manage the Coupons on your Card. Refer to the terms and conditions of each Affiliate Partner where you purchased or obtained the Coupon to understand what happens to your Coupons held within your Merchant-Specific Wallets upon cancellation, expiry or termination of your Card or this Agreement, or the Cardholder Agreement. In the case where you have paid for a Coupon, if the particular Affiliate Partner or Merchant associated with the Coupon ceases to conduct business or honour your Coupon, your sole recourse for reimbursement for value paid for your Coupon is directly against the Affiliate Partner, or the Merchant, or its insolvency representative.
Offers:
Bonus Offers
Affiliate Partners and Merchants may publish Offers which allow you to pay an amount and obtain a bonus amount on top of the paid amount (Coupon) that can only be used with your Card. Each Offer is displayed with its conditions and restrictions (e.g. purchase limit, bonus expiration, etc.). When you buy an Offer, a purchase confirmation is emailed to you and you get a balance that has two components: the contribution and the bonus. Contribution is the amount you paid and that amount does not expire. However, it is transferred to your Open Wallet at the closure of your Coupon (except if the Offer is a finale sale or has inactivity fees which is indicated at the time of purchase). The bonus is the amount obtained as a reward for purchasing the Offer. This amount expires and the duration of the bonus is displayed in the conditions and restrictions of the Offer. When you use your balance at a point of sale with your Card, the contribution is debited first until its balance is fully spent. When the balance of the contribution is cleared, it is the balance of the bonus that is debited until it is fully spent.
Purchases of Bonus Offers are not refundable.
Voucher to Buy as a Gift
Affiliated Partners and Merchants may publish Offers which allow you to purchase a voucher in the form of a Coupon that can only be used with a Hello Card. Each Offer is displayed with its conditions and restrictions (e.g. inactivity fees). When you buy an Offer, a purchase confirmation is emailed to you, and you will have access to emailing or downloading options so that you can distribute the Coupon to a another individual who will receive a Claimable Voucher.
Purchases of Voucher to Buy as a Gift are not refundable.
Claimable Vouchers
Affiliate Partners and Merchants may publish Offers which allow you to claim a voucher in the form of a Coupon that can only be used with your Card. Each Offer is displayed with its conditions and restrictions (eg, claim limit, voucher expiration, etc.). When you claim an Offer, you get a balance that can have two components: the contribution and the reward. The contribution is an amount that is yours and this amount does not expire. However, it is transferred to your Open Wallet at the end of the life of your Coupon (except if the Offer has inactivity fees which has been indicated at the time of purchase). The reward expires and the duration of the reward is displayed in our interfaces (espacehello.ca or in the App). When you use your balance at a point of sale with your Card, the contribution, if applicable, is debited first until its balance is exhausted. When the balance of the contribution is exhausted, or when there is no contribution, it is the balance of the reward which is debited until exhausted.
To claim a voucher, you must provide the correct activation code. Vouchers are non-refundable. In the event of a problem, if you had obtained the right to a voucher following a transaction outside our Sites, you must contact the Affiliate Partner to assert your rights. You agree that we are not responsible for the allocation of vouchers and their underlying terms. Our sole responsibility is to enable the activation of a voucher in the form of a Coupon and to allow its redemption at the Merchant's points of sale.
Refunds: When you are refunded for a purchase made with your Card by a merchant, the amount is returned to the Open Wallet or Merchant-Specific Wallet that was used for the initial auth transaction. It is your responsibility to check your Account regularly to ensure that the amounts returned are accurate.
Should you disagree with any adjustments made to a refund amount linked to an already received Cash Reward, you should cease use of our Sites and our services or terminate your Account.
Membership: The Hello Program allows you to opt-in our Affiliate Partners’ programs, to benefit from their purchase incentives and receive communications via their Hello Space or their platform. When you subscribe to a paid plan, complete a Bonus Offer purchase, complete a Voucher as a Gift purchase or activate a Claimable Voucher under an Affiliate Partner program, you automatically become a member of the program of this Affiliate Partner.
If you attempt to establish a membership with an Affiliate Partner in a manner that is not provided for within these terms and condictions or if your intended use of the Card is not in accordance with the intended use of our products and services, we reserve the right to opt you out of the membership and/or terminate your Account (see Termination of Account section below).
Deleting your Account: If you decide to delete your Account, please write to us at support@hellocard.ca. A request to delete your Account implicitly implies a waiver on your part of the existing Coupons on your Account.
Please consult the Cardholder Agreement to understand how to cancel your Card.
Intellectual Property
All intellectual property on our Sites is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on our Sites, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of Hello Network Company; All rights reserved.
Acceptable Use
You agree not to use our Sites for any purpose prohibited under this clause or any other unlawful purpose. You agree not to use our Sites in any way that could damage them, the services or the general business of Hello Network. You further agree not to use and/or access our Sites:
- a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
- b) To violate any intellectual property rights of us or any third party;
- c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- d) To perpetrate any fraud;
- e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- f) To publish or distribute any obscene or defamatory material, or any material that incites violence, hate or discrimination towards any group;
- g) To unlawfully gather information about others.
No Warranties
Your use of our Sites is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that our Sites will meet your needs or that our Sites will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on our Sites or obtained through our services. Any damage that may occur to you, through your computer system or your mobile device, or as a result of loss of your data from your use of our Sites is your sole responsibility and we are not liable for any such damage or loss.
Privacy
Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using our Sites are not confidential or exclusive, except to the extent required by the Applicable Law.
For more information, please refer to our Privacy Policy, available on the Website.
Service Interruptions
We may need to interrupt your access to our Sites to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to our Sites may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
Termination of Account
We may, in our sole discretion, suspend, restrict or terminate your Account if we deem your behaviour as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with this Agreement, the Cardholder Agreement, or Applicable Law, if we have received a third party complaint which relates to your use or misuse of the Hello Program, or you have been or are in breach of any term or condition of this Agreement or the Cardholder Agreement.
If you wish to fully terminate your Account on your own, you need to remove your Account from the App and cancel your Card (or vice-versa).
Please consult the Cardholder Agreement to understand how to cancel your Card and to understand what happens to the funds you’ve loaded on the Card upon cancellation of the Card. You may also consult the Privacy Policy, available on the Website, to understand what happens to the data we’ve collected from the use of your Account.
Residents of Quebec
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.
Changes to our Terms and Conditions
We may update or change this Agreement from time to time. When we do, we will revise the updated date at the bottom of this page. We encourage you to frequently check our Website for any changes to stay informed. You acknowledge and agree that it is your responsibility to review this Agreement periodically and become aware of modifications.
This Agreement supersedes all other terms and conditions, oral or written, and all other communications between the parties suggesting additional or different terms. Your continued use of your Account and the Sites following the posting of changes to this Agreement will be deemed your acceptance of those changes.
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.
Contacting Us
If you need assistance, or you have questions or concerns, regarding this Agreement, or otherwise need to contact us for any reason, you can contact us at support@hellocard.ca or call our customer service at 1-833-654-3556.
Hello Visa Prepaid Card is issued by Peoples Trust Company pursuant to licence by Visa Int.
*Trademark of Visa International Service Association and used under licence by Peoples Trust Company.
Effective: December 5th, 2023