Vault Prepaid Mastercard® Card Cardholder Agreement
Please read this Agreement carefully and retain a copy for your records.
This Agreement applies to your use of the Card. By signing and/or using the Card, you are agreeing to these terms and conditions and fees outlined below.
INFORMATION DISCLOSURE SUMMARY (detailed terms and conditions will follow):
Card issuer: This Card is issued by Peoples Trust Company under license by Mastercard International Incorporated.
Program sponsor: The Card is managed by Vault Payments Incorporated.
Card information and inquiries: To obtain the balance of your card or report your card as lost or stolen, you may either call +1 (888) 568-2858, log into your account at www.tryvault.com, or email firstname.lastname@example.org for free.
- Only Authorized Users may request Supplementary Cards.
- Cardholders must be the age of majority in their province or territory.
- Cards do not carry a Balance when issued.
- Cards are only funded in amounts and for specific transactions on your instruction and that have been accepted for payment by you.
- Cards are not returnable or refundable.
- Use of the Card in certain countries may be restricted by law.
- Card cannot be used for pay-at-the-pump transactions.
- You cannot make cash withdrawals with the Card.
- You may not use your Card to commit any illegal, improper, or prohibited activity.
- Card may be deactivated at any time if fraud related to the Card or use of the Card is suspected.
- You do not have the right to stop the payment of any transaction you conduct with the Card.
- The Card may not be cancelled by you unless otherwise directed in this Agreement or by Applicable Law.
- 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 or Vault will not be liable for any costs incurred by you as a result.
- The Card is subject to maximum transaction limits, as set out below. Peoples Trust may change these limits in accordance with Applicable Law and will post notice on www.tryvault.com 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.
Maximum daily spend at point-of-sale: $1,000,000.00 CAD
Maximum number of point-of-sale transactions / day: 9,999
Maximum daily combined spend: $1,000,000.00 CAD
Card expiry and access to funds: The Card has no Balance. Your right to access the funds in your Vault Wallet through the Card will not expire. After the ‘good thru’ date, simply contact customer service for information on how to receive a replacement Card.
Who holds the Balance in your Vault Multi-Currency Account: The Vault Multi-Currency Account is provided by Vault and its service providers. Peoples Trust does not hold the Balance in your Vault Multi-currency Account. The Card enables you to access the Balance in your Vault Multi-currency Account as long as you act in accordance with this Agreement. Your Card does not hold any funds. To access your funds, log into your Vault account using the Website to check your Balance, deposit, or withdraw funds from the Vault Multi-currency Account.
Fees: The 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.
Foreign Exchange Charge: N/A
Card replacement (lost or stolen): Free
Additional cards: $10.00
† Subject to change. See terms and conditions below for details.
Funds transferred onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).
Lost or stolen Card:
- You must take all reasonable steps to protect the 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 the Card and/or PIN or you become aware that the PIN may have become known to someone else, you may either call +1 (888) 568-2858, email email@example.com to report your Card as lost or stolen, or log into your Vault account at www.tryvault.com to change your PIN for free. Avoid PIN combinations that may be easily guessed by others. All transactions carried out on the Card before you notify us will be considered to have been made by you.
If you forget the PIN, you can obtain a reminder by emailing customer service at firstname.lastname@example.org. The PIN may be disabled if an incorrect PIN is entered three (3) times in succession. If the PIN is disabled, please email customer service for assistance. If the PIN is disabled, or if a merchant does not accept chip and PIN transactions, you will be required to sign for any transactions at merchants provided that such a transaction is supported by and acceptable to the merchant.
Split tender transactions: If the Balance on your Card is insufficient to cover the full Transaction Amount, you may request the merchant to conduct a split tender transaction which is where you use the Card as partial payment of the Transaction Amount and then pay the remainder of the amount with another form of payment (e.g. cash, cheque, credit, or debit). If you fail to inform the merchant that you would like to complete a split tender transaction prior to swiping your Card, your Card may be declined. Some merchants may require payment for the remaining Balance in cash. Merchants are not required, and may not agree, to accept split tender transactions.
Key Cardholder Responsibilities under this Agreement:
- You must take all reasonable steps to protect the Card (and PIN, if applicable) as well as your Vault Account against loss, theft, or unauthorized use. If you lose the Card (or PIN), you must call or email customer service immediately.
- You must activate and/or 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 Balance to cover the full amount of transactions made with the Card.
- If your information associated with the Card changes, you must notify us of the change(s).
- If you become aware that your information associated with the Card is incorrect, you must notify us of the correct information.
- 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 and Availability’ below.
Detailed Terms and Conditions:
- ‘Agreement’ means this Vault Prepaid Mastercard® Card Cardholder Agreement between Peoples Trust and the Cardholder and all documents that are expressly referred to in this Agreement, which govern your use of the Card, as amended from time to time.
- ‘Amendment’ refers to any change to a term or condition of this Agreement or to the addition of a new term or condition.
- ‘Applicable Law’ means, in relation to any person, property, transaction, or event, all applicable provisions of: (a) statutes, laws (including the common law), rules, regulations, decrees, ordinances, codes, proclamations, treaties, declarations or orders of any Governmental Authority; (b) any consents or approvals of any Governmental Authority; (c) any orders, decisions, advisory or interpretative opinions, injunctions, judgments, awards, decrees of, or agreements with, any Governmental Authority; and (d) any bylaw, operating rule, or regulation of Mastercard, in each case applicable to or binding upon such person, property, transaction or event.
- ‘Authorized User’ means, an individual to whom the business entity has granted the authority to request one or more Cards on behalf of the business.
- ‘Balance’ means the available funds in your Vault Multi-currency Account.
- ‘Card’ means the Vault Prepaid Mastercard® Card activated, signed, or used by the Cardholder.
- ‘Cardholder’ means you, the individual to whom the Vault Prepaid Mastercard® Card has been issued.
- ‘Foreign Exchange Charge’ means the foreign exchange service charge we assess when you complete transactions in a currency other than Canadian dollars.
- ‘Governmental Authority’ means the government of Canada or of any other nation, or of any political subdivision thereof, whether state, provincial, territorial or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government, including any supra-national bodies, a Minister of the Crown, the Office the Superintendent of Financial Institutions, or other comparable authority or agency.
- ‘Mastercard’ means Mastercard Incorporated and its affiliates, successors, and assigns.
- ‘Mastercard Conversion Rate’ means the rate that we pay to Mastercard to convert foreign currency to Canadian currency plus the Foreign Exchange Charge.
- ‘PCI DSS’ means a multifaceted security standard defined by the Payment Card Industry Security Standards Council and includes requirements for security management, policies, procedures, network architecture, software design, and other critical protective measures.
- ‘Peoples Trust’ means Peoples Trust Company and its affiliates, successors, and assigns.
- ‘PIN’ means a Personal Identification Number used with your Card for POS transactions or at Automated Teller Machines (‘ATM’) for additional security.
- ‘POS’ means point of sale, where you can use the Card to purchase goods or services from a merchant.
- ‘Program Sponsor’ means Vault Payments Incorporated.
- ‘Supplementary Card’ means the additional cards issued by the Account Administrator of the account for individual employees of the respective business.
- ‘Supplementary Cardholder’ means the individual associated to the Supplementary Card by the Cardholder.
- ‘Transaction Amount’ is the amount that is debited from the Balance in connection with your 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.
- ‘Vault’ means Vault Payments Incorporated.
- ‘Vault Account’ means the Vault Multi-currency Account in the Vault platform that holds your funds.
- ‘we’, ‘us’, and ‘our’ mean Peoples Trust and our assignees.
- ‘Website’ means www.tryvault.com.
- ‘you’, ‘your’, and ‘yours’ mean the Cardholder.
The Card: The Card is a prepaid Mastercard card that can be used anywhere that Mastercard is accepted, including mail order, online, telephone, and POS retail merchants, subject to the terms of this Agreement.
Activating the Card: The Card cannot be used for any purpose until it has been activated and signed by you on the back, where indicated. Whether or not the Card has an activation sticker adhered to the Card face, you must sign the back of the Card.
Supplementary Cardholders: An Authorized User may request the issuance of a Card in connection with the Vault Account to a Supplementary Cardholder. The Cardholder is solely responsible for the use of each Card issued in connection with the Cardholder’s Vault Account according to this Agreement. All rights, obligations, and liabilities of Supplementary Cardholders are the Cardholder’s responsibility, including but not limited to responsibility for any negative balance howsoever arising. We may process transactions and accept instructions initiated by a Supplementary Cardholder, acting alone, in any fashion permitted under this Agreement. The Cardholder will be bound by the instruction and transactions as if given or approved by the Supplementary Cardholder(s). YOU, THE CARDHOLDER, AGREE THAT YOU SHALL NOT CLAIM AGAINST US FOR ANY LOSS ARISING OUT OF THE OPERATION OF A SUPPLEMENTARY CARDHOLDER(S) CARD AND THAT WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF A SUPPLEMENTARY CARDHOLDER. The Cardholder knowingly accepts the risk that Supplementary Cardholder(s) transactions or otherwise may be your liability, including any fees for transactions where there are insufficient funds. The Cardholder’s sole responsibility is to ensure sufficient funds are loaded on the Supplementary Cardholder(s) Card to cover their transactions.
Ownership and Use of the Card: The Card can be used to pay the full amount of the purchase and applicable taxes, so long as the Balance remaining on the Card is sufficient. The Card is, and will remain, our property; resale of the card is not permitted. The Card is not a credit card, charge card, or debit card, and its usage will not enhance nor improve your credit rating. No interest dividends or other earnings or returns will be paid on the Card. Neither the Card nor the Balance is a deposit account. You have no right to write cheques on, or demand repayment of, the outstanding Balance on the Card, but are strictly limited to the right to use the Card, in accordance with this Agreement, as payment for goods and services from merchants who accept Mastercard.
When you use the Card to make a purchase, the amount of the purchase, plus any applicable fees and taxes, will be deducted from the available Balance associated with the Card. If you use the 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. The Card can be used without a PIN to make purchases online. You should retain the receipt as a record of the transaction. It is your responsibility to obtain such record and ensure that it is accurate. We are not responsible for providing you with any transaction record or periodic statement.
Some merchants (including, but not limited to, restaurants, hotels, 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 that there are sufficient funds available on the Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Balance will not cover the Transaction Amount plus the additional pre-authorization percentage.
A pre-authorization will place a hold on an amount of your available Card 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. It may take up to ten (10) days for the pre-authorization hold to be removed, and timing may vary depending on the type of merchant. During the hold period, you will not have access to the pre-authorized amount.
Transferring funds to your Vault Multi-Currency Account and accessing Balance: You may transfer funds to your Vault Multi-Currency Account through the methods listed on the Website. Transfer services are provided by Vault and its service providers, and not by us. You agree that Vault, or its services providers, act as your authorized agents, and not ours. YOU ALSO AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY ERRORS MADE OR LOSS CAUSED BY VAULT OR ITS SERVICE PROVIDERS IN PROVIDING US WITH TRANSFER INSTRUCTIONS UNDER ANY CIRCUMSTANCES, INCLUDING IF VAULT 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 Vault or its service providers who provided us with instructions, and subject to the terms of any agreements you may have with those parties. Subject to applicable fees, funds transferred to your Vault Multi-Currency Account will be available immediately after the transfer is confirmed by Vault. The time before funds become available may vary depending on the transfer method you use.
Information About Balance: There is no balance on your Card. Your balance is held in your Vault Multi-currency Account. To obtain Balance information on your Vault Multi-Currency Account or the transaction history, log into your Vault Account through the Website. It is your responsibility to ensure that there is a sufficient Balance to cover transactions plus any pre-authorized amounts.
If you attempt to use the Card when there is insufficient Balance available 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 insufficient Balance on the Card, creating a negative amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Balance.
Transactions Made in Foreign Currencies: We will first attempt to charge you in the same currency as the transaction currency if you hold a sufficient balance in your Vault Multi-currency account. In the event that you do not have sufficient balance in the transaction currency we will convert transactions made in a foreign currency to Canadian dollars using the Mastercard Conversion Rate in effect on the day the transaction is posted to your Card. The Mastercard Conversion Rate in effect on the posting date may differ from the rate in effect on the date of the transaction.
However, if a foreign currency transaction is refunded to your Card, the Mastercard Conversion Rate used to convert your refund to Canadian dollars for the Card is the rate that we pay to Mastercard minus the Foreign Exchange Charge. Additionally, the rate that we pay to Mastercard may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to your Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to the Card for that transaction.
Protection Against Loss, Theft, or Unauthorized Use: If the Card is lost or stolen, you will be asked to provide us with the name on the Card and the Card number, and to answer an identifying question drawn from your personal information. If you lose the Card, someone might be able to use the Balance on the Card.
We will refund any remaining Balance (less the Card replacement fee) after we have processed all transactions completed before we had an opportunity to act on your information. We recommend that you write down the customer service number +1 (888) 568-2858 in case the Card is lost or stolen.
You agree, to the extent permitted by Applicable Law, to cooperate with us in our attempts to recover from unauthorized users and to assist in their prosecution.
Your Vault Prepaid Mastercard® is eligible for Mastercard Zero Liability Policy. The Mastercard Zero Liability Policy applies to purchases made in-store, via telephone, online, or from a mobile device. As a cardholder, you will not be held responsible for unauthorized transactions if:
(i) you have exercised reasonable care in protecting the Card and PIN from loss or theft, and
(ii) you promptly reported the loss or theft of the Card or PIN to Peoples Trust.
If these conditions are not met you will be liable for all unauthorized transactions completed before you reported the loss of theft of the Card or PIN to Peoples Trust. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days once all required forms and/or documents have been received and confirmed by Peoples Trust, and a police investigation may also be necessary.
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 new terms or conditions to this Agreement, 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 email@example.com 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 Vault by sending notice on the Website (other than notification of a lost or stolen Card, which may only be made by telephone as set out above). Notice will be deemed to be received on the date of delivery of notice to Vault, as applicable, and the next business day after electronic mail.
Cancellation: You may at any time terminate this Agreement by calling +1 (888) 568-2858. We may terminate this Agreement at any time, at which time you must immediately return the Card to us or as we direct, provided that if you are not in default of your obligations under this Agreement, we will notify you in writing at least sixty (60) days before the date of termination. We will reimburse you any remaining Balance on the Card less outstanding fees. Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.
We may terminate this Agreement at any time, with or without cause. Upon Agreement cancellation, your Card will also be cancelled and you should destroy it immediately. Once the card is cancelled, a cheque for any remaining Balance, less any outstanding fees and preauthorized amounts, (and, in the case you cancelled the Agreement, less the Card cancellation fee) will be mailed to you within forty-five (45) business days from the cancellation date. Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.
Alternatively, you may surrender the Card to the Program Sponsor and the Program Sponsor will reimburse you in cash any remaining Balance on your Card less any outstanding fees.
Purchase Disputes and Refunds: If you believe a transaction on your Card account is incorrect, you must notify us in writing either by mail or email of your dispute within sixty (60) days of the transaction date. Following your notification, a form must be completed and sent to our customer service team within ninety (90) days of the transaction date via email at firstname.lastname@example.org. 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 there is any dispute in regard to the purchase of goods or services you made using the Card, and you agree to settle such disputes with the merchant from whom any such goods or services were purchased, please ask the merchant for any return policy that may apply to purchases made with the Card. We are not responsible for the delivery, quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
Arbitration (not applicable to residents of Quebec): To the extent permitted by Applicable Law, you agree that any claim or dispute arising out of or relating to this Agreement: (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.
Complaints: If you have a complaint or inquiry about any aspect of your Card, first attempt to resolve the complaint or inquiry through emailing email@example.com or filling out the complaint form on our FAQ page at tryvault.com. 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 Website (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) 568-2858 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
Our complaints policy can be found online at: http://www.peoplestrust.com/en/about-us/resolving-your-concerns/.
Personal Information Consent: By applying, accepting, and/or being granted a Card, you consent to the collection, use, disclosure, and retention of your personal information by us and our service providers for purposes relating to your application for a Card and your use of a Card, and as otherwise described below. The collection of such information is necessary for the entering into and performance of this Agreement. Therefore, if you do not consent to the collection, use, disclosure, and retention of your personal information, you may not apply for or use a Card. As explained below, you may withdraw your consent at any time by cancelling your Card and all related services from us.
Collecting your Personal Information: We and our service providers will collect information about you (e.g. your name, address, telephone number, and date of birth) when you apply for a Card and, if a Card is issued to you, we and our 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) (all collectively “Cardholder Information”). We and our service providers will collect your Cardholder Information directly from you and from other sources, including third party providers of identity verification, demographic, and fraud/money laundering prevention services.
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 also use appropriate measures to protect your personal information.
We maintain physical, electronic, and procedural security measures that comply with Applicable Law to safeguard Cardholder Information.
Using Your Personal Information: We and our 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/money laundering 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. We will disclose your Cardholder Information to our service providers to assist us to provide services to you and to provide related services to us.
We and our 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 to the United States) of such personal information to third parties for the purpose set out above.
We will use and rely on your Cardholder Information to issue and administer your Card and provide related services. We and our service providers will rely on you to ensure that your Cardholder Information is accurate, complete, and up to date. You will promptly inform us (by emailing firstname.lastname@example.org or using in-app chat through our Website) of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information. You may communicate with us through our customer service number, or the Website, with regard 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 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.
We and our 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.
We and our service providers may monitor and record their communications and correspondence with you (including emails, online chats, and 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.
Other Uses of Your Personal Information: In addition to the foregoing, if you consent to a Program Sponsor or other third party collecting and using your personal information (including Cardholder Information) for their own purposes (not as our service provider), including to send marketing and promotional messages to you, then we will not have any control over, and will not be responsible or liable for, the collection, use, disclosure and retention of your personal information by the Program Sponsor or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the Program Sponsor or third party.
The restrictions and requirements described herein do not apply to information that is aggregated or otherwise de-personalized or anonymized and does not identify you.
Your Right to Access Your Personal Information: You may obtain access to the Cardholder Information we hold about you at any time to review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by law. To request access to such information, to ask questions about our privacy policies, or to withdraw your consent to the collection, use and disclosure of your Cardholder Information and to cancel your Card and all related services from us, contact customer service at +1 (888) 568-2858. If you withdraw your consent, we 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, all as required or permitted by Applicable Law.
No Warranty of Availability or Uninterrupted Use: FROM TIME TO TIME, CARD SERVICES MAY BE INOPERATIVE AND WHEN THIS OCCURS YOU MAY BE UNABLE TO USE YOUR CARD OR OBTAIN INFORMATION ABOUT THE BALANCE ON YOUR CARD. PLEASE NOTIFY US IF YOU HAVE ANY PROBLEMS USING YOUR CARD. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE WHATSOEVER.
Assignment: 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 heirs, executors, administrators, representatives, successors, and permitted assigns.
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 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 AVAILABLE UNDER APPLICABLE LAW (INCLUDING THE CONSUMER PROTECTION ACT (QUÉBEC)), 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 QUÉBEC OR EXCEPT 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 ANY GOVERNMENTAL AUTHORITY, NATIONAL EMERGENCIES, PANDEMIC, EPIDEMIC, PUBLIC HEALTH EMERGENCY, COMMUNICABLE DISEASE OUTBREAK, 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 DAMAGES OF ANY KIND (INCLUDING, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES) FOR ANY DELAY, FAILURE, OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM, ANY CUSTOMER SERVICE FUNCTION, OR IF YOUR CARD OR IS NOT ACCEPTED OR YOU ARE UNABLE TO ACCESS YOUR ACCOUNT. 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 and Availability: Although considerable effort is made to ensure that our Website and other operational and communications channels are 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, 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, and 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.
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 Law; Submission to Jurisdiction: 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 Québec and this Agreement will be construed in accordance with and governed by the laws of the province of Québec 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 of the terms of this Agreement are invalid, changed by Applicable Law, or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement will not be affected and this Agreement will be interpreted as if the invalid terms had not been included in this Agreement.
Contact Information: If you have questions regarding the Card, or need to report a lost or stolen Card, you may call customer service at +1 (888) 568-2858 or email email@example.com. You may also reach Peoples Trust Company at 1-855-694-6214 or write to: 888 Dunsmuir St #1400, Vancouver, BC V6C 3K4 Canada.
®/TM Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.