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Please read this Agreement carefully and retain it for your records.
The following terms and conditions govern your use of the Prepaid MasterCard Card. By signing or using the Card, you are agreeing to theseterms and conditions.
The term “Card” refers to the Prepaid MasterCard Card. You have received this Card because you participated in a promotion program. The valueof the funds that are loaded onto the Card and are available for spending is referred to herein as the “Balance”. “Cardholder” means an individualwho activates, receives and/or uses the Card. “Distributor” shall mean each distribution agent and retail outlet which offers the Cards to consumers.Distributors are not agents or representatives of Peoples Trust Company and have no authority with respect to the Cards. “Transaction Amount”means the amount that is debited from the Balance in connection with your use of the Card, which amount includes both the amount of theBalance to be transferred and the fees imposed to complete the transaction. Peoples Trust Company is the issuer of the Card. “MasterCard”means MasterCard International, and its successors and assigns. “We,” “us,” and “our” mean Peoples Trust Company, and all associated andaffiliated third parties required to fulfill and manage your Card. “You”, “your” and “yours” each mean the Cardholder.
THE PREPAID CARD
The Card is a limited use prepaid stored value Card that can be used anywhere that MasterCard is accepted at participating merchants subject tothe terms of this Agreement. The Card cannot be used at ATMs. The MasterCard logo is featured on your Card and will be imprinted along withthe issuing institution’s name, Peoples Trust Company. The Card is not a credit card, charge card, or debit card and its usage will not enhance norimprove your credit rating. No interest dividends or other earnings or returns will be paid on the Card Balance. Neither the Card nor the Balance is adeposit account, and the Balance on your Card is not insured by the Canada Deposit Insurance Corporation (CDIC) or any other federal orprovincial agency. The Card is not reloadable, returnable or refundable, and may not be cancelled by you. For greater certainty, you shall have noright to write cheques on or demand repayment of the outstanding balance of available funds on the Card, but are strictly limited to the right to usethe Card in accordance with this Agreement as payment for goods and services at fueling stations and automated fuel dispensing pumps whoaccept MasterCard.
OWNERSHIP AND USE OF THE CARD
The Card is and will remain our property. However, you will be solely and completely responsible for the possession, use and control of the Card.You must surrender the Card to us immediately upon request. The Card may not be used for any illegal transactions or purposes. If you authorizeanother 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 bysuch person.
To use the Card, simply present the Card at the time of payment, and sign the receipt with the same signature you used when you signed theCard. You may wish to retain the receipt as a record of the transaction. As you use the Card, the Card’s Balance will be reduced by the full amountof each purchase including taxes, charges and other fees, if any. The Card can be used to pay the full amount of the purchase and applicabletaxes, so long as the Balance remaining on the Card is sufficient. If you want to make a purchase for an amount greater than the remainingBalance, you must notify the merchant before completing the transaction.
ACTIVATING THE CARD
You many activate your Card by calling the toll free number outlined on the back of your Card. We recommend that you write down the Cardnumber and the customer service number on a separate piece of paper in case the Card is lost or stolen.
USE OF THE CARD
You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on your Card and we mayauthorize and process a transaction even if the signature on the sales draft is different than the signature on your Card. You do not have the right tostop the payment of any transaction you conduct with the Card. You may not make pre-authorized regular payments through the use of your Card.We are not liable to you for declining authorization for any particular transaction, regardless of our reason.
INFORMATION ABOUT BALANCE
You should keep track of the Balance remaining on your Card. You may call us at any time using the Customer Service number shown on yourCard to obtain the current Balance amount. You may also request information about previous transactions by calling Customer Service or visiting www.svcards.com/int/ Your Card Balance will reflect all transactions that have been posted to our system. To reach Customer Service, call toll free 1-855-209-8384. If you have a question or a problem about a posted transaction (for example, a transaction that appears to be a duplicatetransaction) you must notify us immediately, and no later than sixty (60) days from the date of the transaction or you will be deemed to haveaccepted such posted transaction. You must tell us your Card number, the date and dollar amount of the error, and explain as clearly as possiblewhy you believe there is an error. If we ask you to put your dispute in writing, you agree to do so within five (5) business days. We will investigateand will notify you of the results of our investigation within sixty (60) business days.
TRANSACTIONS IN EXCESS OF REMAINING BALANCE
It is your responsibility to keep track of your spending on the Card. If you attempt to use the Card when there is insufficient Balance available tocover the full Transaction Amount, the transaction in most instances will be declined. However, if due to a systems malfunction or for any reasonwhatsoever, 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 convert any transactions made in a foreign currency to Canadian dollars using a MasterCard conversion rate in effect on the day thetransaction is posted to your Card. The currency conversion rate in effect on the processing date may differ from the rate in effect on thetransaction date or the posting date. The MasterCard conversion rate is the rate that we pay to MasterCard International Inc. plus a foreign exchange service charge of 3%. This rate may not be the same as the rate that existed on the date the transaction was made.However, if a foreign currency transaction is refunded to your Card, the MasterCard conversion rate used to convert your refund to Canadiandollars for your prepaid MasterCard card is the rate that we pay to MasterCard International Inc. minus a foreign exchange service charge of 3%.As well, the rate that we pay to MasterCard International Inc. may not be the same as the rate that existed on the date the transaction wasrefunded. 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 thanthe amount that was originally charged to your Card for that transaction.
“VALID THRU” DATE
Please note that the Card has a “valid thru” date imprinted on the face of the Card. This is the date after which you may not use that Card for anypurpose.
We encourage you to use your Card soon! Except where prohibited by law, one month and one day after expiration of the card the remainingfunds will be swept in accordance with law. This sweep will take the available balance to $0.00. If you have any questions about this Fee process,please call Customer Service at 1-855-209-8384.
PROTECTION AGAINST LOSS, THEFT, OR UNAUTHORIZED USE
You agree to protect your Card against loss, theft, or unauthorized use by taking all reasonable precautions. If your Card has been lost or stolen orif you have reason to believe that someone has made an unauthorized transaction with your Card or may attempt to use your Card without yourpermission, you agree to notify us IMMEDIATELY by calling 1-855-209-8384. All transactions carried out prior to such notification shall bedeemed to have been authorized by you. You will be asked to provide us with your name, the Card number, the expiry date, the original Cardvalue and transaction history. We cannot re-issue a Card if you do not have your Card number. If our records show that a Balance still remains onthe Card, we will cancel the Card and make such Balance amounts available to you on a re-issued Card. A fee will apply to cover printing, shippingand handling a replacement card. It may take up to 30 days to process your re-issue request. The Card may be deactivated at any time if fraud issuspected. You agree, to the extent permitted by law, to cooperate completely with us in our attempts to recover from unauthorized users and toassist in their prosecution.
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 theBalance on your Card. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption ofservice.
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 orconditions to, this Agreement. As required by law, we will post such changes on our website at www.svcards.com/int/ As of the effective dateincluded in any notice, the changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order tomaintain or restore the security of the Card or any related payment system or comply with applicable law. We may, in our sole discretion, cancel orsuspend this Agreement or any features or services of the Card at any time, with or without cause, and without prior notice to you.
PURCHASE DISPUTES AND REFUNDS
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 thepurchase was made. We are not responsible for any problems that 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 orservices obtained with the Card, you agree to accept credits to the Balance on your Card in place of cash.
ASSIGNMENT AND WAIVER
At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. This Agreementwill remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns. In the event wereimburse 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 ofany transaction made with the Card, you are automatically deemed to assign and transfer to us any rights and claims (excluding tort claims) thatyou 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 agreethat 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 thatyou will cooperate with us if we decide to pursue the third party for the amount paid or credited. If we do not exercise our rights under thisAgreement, we do not give up our rights to exercise them in the future.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OFANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, CUSTOMER SERVICE FUNCTIONS, OR ANY OTHERSUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OFDEALING OR USAGE OF TRADE.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOUFOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BADFAITH. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANYCIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES,NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO HONOR THE CARD, FAILURE OFMERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF ORDIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. NOT IN LIMITATION OF THE FOREGOING, WE WILL NOT BE LIABLE TO YOUFOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENTSYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BEENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANYINDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IFYOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
The parties attorn to the jurisdiction of British Columbia and this Agreement shall be construed in accordance with and governed by the laws of theProvince of British Columbia and Canada.
This Agreement sets forth the entire understanding and Agreement between You and us, whether written or oral, with respect to the subject matterhereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter.
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of thisAgreement.
If any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of court or regulatory authority, theremaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included inthis Agreement.
WEBSITE AND AVAILABILITY
Although considerable effort is expended to make our website and other operational and communications channels available around the clock, wedo not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporaryinterruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyondour control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of natures, labor disputes andarmed conflicts.
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 interferewith the website’s systems and integrity.We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer orother equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.
If you have questions regarding the Card, or need to report a lost or stolen Card, you may call Customer Service at 1-855-209-8384 or write to:
Customer Service; PO BOX 516, Lisle, IL 60532, United States of America.