Cardholder Agreements

The Perfect Gift^TM Prepaid Visa^* Cardholder Agreement

PLEASE READ THIS AGREEMENT CAREFULLY AND RETAIN A COPY FOR YOUR RECORDS.

The following terms and conditions govern your use of The Perfect Gift^TM Prepaid Visa Card. By signing or using The Perfect Gift^TM Prepaid Visa Card, you are agreeing to these terms and conditions and fees outlined herein.

Information disclosure summary**:

Card Issuer: Your The Perfect Gift^TM Prepaid Visa Card is issued by Peoples Trust Company pursuant to licence by Visa Int.

Card Information and Balance: For Card terms and conditions, to obtain the expiry date of your Card, or to check your Balance for free, go online at www.giftcardstore.ca/visacard or call our 24/7 toll-free customer service number at 1-866-466-8082.

Card Restrictions: Your Card is not returnable or refundable. Your Card is not reloadable and cannot be used to make cash withdrawals. This Card is not eligible for protection under any Zero Liability policy. You may not make pre-authorized regular payments through your Card. Use of your Card in certain countries may be restricted by law. Use of your Card may be restricted at some online merchants. Your Card may be deactivated at any time if fraud is suspected. Your Card is subject to maximum transaction limits, as set out below. Peoples Trust Company may change these limits in accordance with Applicable  Law and will post notice on the Website at least thirty (30) days in advance of the effective date of the change. The change will take effect on the date indicated in the notice.

Card Expiry and Access to Balance: Your right to use the funds loaded on the Card does not expire. If funds remain on the Card after the expiry date, simply contact customer service for directions on how to receive a replacement Card.

Fees: The table below sets forth the fees that may be imposed upon your Card.
You acknowledge being advised of the fees and agree to pay all applicable fees under this Agreement.

Limits
Maximum card balance: $200.00
Maximum daily spend at point-of-sale: $200.00
Maximum single spend at point-of-sale: $200.00

Fees
Activation Fee
$25 card: $3.95
$50 card: $4.95
$100 card: $5.95
$200 card: $6.95
$20-200 variable card: $6.95

Monthly maintenance fee
(Starting 12 months after card activation date)
$3.00

Foreign exchange fee
2.5%

** Subject to change. See terms and conditions below for details.

Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).

Lost or Stolen Cards: You must take all reasonable precautions to protect your Card against loss, theft or unauthorized use. If your Card has been lost or stolen, or if you have reason to believe that someone has made an unauthorized transaction with your Card, or may attempt to use your Card without your permission, you must notify us IMMEDIATELY by calling at 1-866-466-8082. All transactions carried out on your Card before you notify us will be considered to have been authorized by you.

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, where you use the Card as partial payment for goods and services 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 obliged to accept split tender transactions, and some merchants may not accept split tender transactions.
**See detailed terms and conditions that follow.

Definitions:
“Agreement” means this Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein, which govern your use of The Perfect Gift^TM Prepaid Visa Card.
“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 (Quebec), the Consumer Protection Act (Quebec), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), Payment Card Insurance Data Security Standards (PCIDSS) or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust and the Distributor are subject to, or any bylaw, operating rule or regulation of Visa.
“Balance” means the amount of the funds that are loaded onto the Card.
“Card” means The Perfect Gift^TM Prepaid Visa Card.
“Governmental Authority” means any federal, provincial, territorial, regional, municipal or local governmental authority, quasi-governmental authority (including the Office of the Superintendent of Financial Institutions), 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 distributor 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 Government Authority’s underlying mandate, function or activity.
“Cardholder” means an individual who activates, receives and/or uses the Card.
“Distributor” means each distribution agent and retail outlet which offers the Cards for sale to consumers. A Distributor is not an agent, mandatary or representative of Peoples Trust.
“Peoples Trust” means Peoples Trust Company, the issuer of the Card.
“Transaction Amount” means the amount that is debited from the Balance in connection with your use of the Card.
“Visa” means Visa Int. and its successors and assigns.
“‘We’, ‘us’, and ‘our’ and “Peoples Trust” mean Peoples Trust Company, and our successors, subsidiaries, affiliates or assignees.
“Website” means www.giftcardstore.ca/visacard.
“You”, “your”, and “yours” each mean the Cardholder and any other person you allow to use the Card, whether or not permitted by the Agreement.

The Card: The Card is a prepaid, stored-value Visa card that can be used anywhere that Visa is accepted, including mail order, online and point of sale retail merchants, subject to the terms of this Agreement. 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, the property of Peoples Trust. 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 Visa.

Acceptance: This Agreement constitutes a binding agreement between Peoples Trust and you with respect to the terms of use of the Card that you receive from an authorized Distributor of Peoples Trust. By accepting the Card from the Distributor, you agree to be bound by and accept the terms and conditions set out herein.

Use and Ownership of the Card: 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. The Card may not be used for, or any illegal transactions or purposes. 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. 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 the Card. You should retain the receipt as a record of the transaction. As you use the Card, the Card’s Balance will be reduced by the full amount of each purchase including taxes, charges and other fees, if any. We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen.
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 may authorize 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 to stop the payment of any transaction you conduct with 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 this Agreement or any features or services of the Card at any time, with or without cause, with thirty (30) days notice to you, according to Applicable Law.
If you wish to make Internet, mail, or phone order purchases, you will need to go to the Website and register your card prior to performing an Internet, mail, or phone order transaction. If you use your Card for card-not-present transactions (such as for Internet, mail or phone purchases), the legal effect is the same as if you used the physical Card.
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 there are sufficient funds available on your Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Card balance will not cover the transaction amount plus the 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. During the hold period, you will not have access to the pre-authorized amount.

Activating the Card: The Card has no value until it is (i) activated by the cashier at the time of purchase; and (ii) signed by you on the back of the Card, where indicated. Upon activation, and dependent on the value of the Card you purchase, you will be charged a one-time activation fee in the amount set out in the table marked ‘Fees’ in the Information Disclosure Summary section.

Information about Balance: It is your responsibility to keep track of the Balance remaining on your Card. To obtain the current Balance amount, or the transaction history, call customer service toll-free at 1-866-466-8082 or visit the Website. Your Card Balance will reflect all transactions that have been posted to our system. You are not allowed to exceed the Balance available on your Card for any transaction. 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 any amount in excess of the Balance.

Transactions Made In Foreign Currencies: We convert transactions made in a foreign currency to Canadian dollars using a Visa conversion rate in effect on the day the transaction is posted to your Card. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. The Visa conversion rate is the rate that we pay to Visa plus a foreign exchange service charge of 2.5%. This rate may not be the same rate that existed on the date the transaction was made.
However, if a foreign currency transaction is refunded to your Card, the Visa conversion rate used to convert your refund to Canadian dollars for your Card is the rate that we pay to Visa minus the foreign exchange service charge of 2.5%. Additionally, the rate that we pay to Visa 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 your Card for that transaction.

Expiry Date: Please note that there is an expiry date printed on the face of the Card. This is the date after which you may not use that Card for any purpose. Cards may be replaced on and following the expiry date indicated on the face of the Card at no cost to the Cardholder. You may contact customer service at 1-866-466-8082 to request a replacement Card.
Starting in the twelfth (12th) month after the date of activation, if there is a Balance on the Card, we will deduct a monthly maintenance fee of $3.00 from your Balance (or the remaining Balance on the Card, whichever is less). The fee will be charged monthly, every month following that, until the Balance of the Card reaches $0.00.

Protection against Loss, Theft, or Unauthorized Use: If your Card is lost or stolen, you will be asked to provide us with your name, the Card number, the expiry date, the original Card value 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 on the Card, we will cancel the Card and make such Balance amounts available to you on a re-issued Card. It may take up to thirty (30) days to process your re-issue request. You agree, to the extent permitted by law, to cooperate completely with us in our attempts to recover from unauthorized users and to assist in their prosecution. If you have not registered the Card on the Website, you authorize us to act in your place as cardholder to take any steps we deem necessary in the case of suspected or alleged fraudulent use of the Card or card number.

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 Peoples Trust 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 account is incorrect, you must notify us in writing of your dispute within sixty (60) days of the transaction date. You can obtain a dispute form by calling 1-866-466-8082. Follow the prompts for lost or stolen cards. Dispute forms must be completed and sent to the customer service team. Please note that this form must be received within sixty (60) 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 or ATM operator. 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 with the Card, you agree to accept credits to the Balance on your Card 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 our toll-free customer service number at 1-866-466-8082. If customer service is unable to resolve the complaint or inquiry to your satisfaction, please call the Peoples Trust complaint officer at 1-855-694-6214. Peoples Trust will do our best to resolve your complaint or inquiry. If for some reason Peoples Trust is unable to resolve the issue to your satisfaction, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. You may also communicate the complaint or inquiry to:
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
Peoples Trust complaints policy can be found online at: http://www.peoplestrust.com/about-us/resolving-your-concerns/.

Notice Of Data Protection And Privacy Policy: Information We Collect/ Information Security: Peoples Trust 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 Services (see 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. Peoples Trust maintains physical, electronic, and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.

Disclosure: We may use Cardholder Information (including the transfer of your information to individuals or organizations in the United States) to process Card transactions, to provide Customer Service in other countries in which we service our Cardholders, 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. Peoples Trust will provide information about you and your participation in the program to the Distributor. Peoples Trust 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, Peoples Trust will use reasonable measures to maintain protections of your personal information that are equivalent to those that apply in your jurisdiction. You hereby give your consent to such cross-border transfers (including the United States) of such personal information to third parties for the purpose set out above. 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.

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 Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns. 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. If we do not exercise our rights under this Agreement, 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 of any kind to you, whether express or implied, regarding any subject matter of this Agreement, including, without limitation, any implied warranties of merchantability of fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage or trade.

Limitation of Liability: 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 governmental authorities, national emergencies, insurrection, war, riots, failure of merchants to honour the Card, failure of merchants to perform or provide services, failure of communications systems, or failures of or difficulties with our equipment or systems. Not in limitation of 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 shall 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 expended to make the 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 shall 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 shall 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.

Governing Law: The parties attorn to the jurisdiction of British Columbia and this Agreement shall be construed in accordance with and governed by the laws of the Province of British Columbia and Canada.

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.

Section Headings: Section headings in this Agreement are for reference only, and shall 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 shall not be affected, and this Agreement shall 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 1-866-466-8082 or write to: The Perfect Gift^TM Visa Customer Service; 1400 – 888 Dunsmuir Street,
Vancouver, BC V6C 3K4.
Effective: May 2017
*Trademark of Visa Int., used under licence by Peoples Trust Company.

CARDHOLDER AGREEMENT
Citizens Bank Visa Prepaid Card

WE URGE YOU TO READ THIS AGREEMENT AS YOUR RIGHTS AS A CARDHOLDER ARE STRICTLY LIMITED. IN ADDITION, THE CARD IS SUBJECT TO FEES AS SET OUT IN SECTIONS 8 AND 9 OF THIS AGREEMENT AND ON THE CARD CARRIER.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MUST NOT USE OR ACCEPT THE CARD.

1. Introduction. The following terms and conditions of this Agreement govern the Citizens Bank Visa Prepaid Card issued by Citizens Bank of Canada. As such, this Agreement constitutes our agreement with you with respect to your Card. By requesting, signing the back of, or using a Card, you agree to be bound by the terms and conditions of this Agreement.
2. Important Information regarding the Nature of the Card. 2.1 The Card issued with this Agreement: a. is not valid until signed by you; b. is not refundable and may not be cancelled by you; c. is not a credit card; d. is not (nor is your Balance or any other record relating to the Card) a deposit with us nor is it related to or connected in any way with a bank account with the Bank; e. does not (nor does your Balance or any other record relating to the Card) constitute evidence of indebtedness or liability of the Bank to you, except to honour transactions initiated with the Card as provided in this Agreement; f. is not assignable once it has been signed by you, g. is not (nor is the Balance) insured by Canada Deposit Insurance Corporation; h. is not redeemable for cash, except as required by law.  2.2 The Card and its use are subject to the limits set out in these terms and conditions. For greater certainty, you shall have no right to write cheques on or demand repayment of the Balance 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 Visa as a form payment. 2.3 There is no interest payable to you on the Balance. 2.4 The sole right of a purchaser or recipient of a Card who does not sign the Card and/or use it for his or her own use is the right to deliver the Card to a recipient as a gift.  The purchaser or recipient of the Card may use the Card to make purchases up to the Balance in accordance with this Agreement, subject to any fees or other charges described in this Agreement.  The Card must be delivered in its original Card Carrier and with this Agreement, even if the Card has been removed from its original Card Carrier.  The purchaser or recipient of the Card shall have no right whatsoever to make any claims against us or our Agents or to request a refund or cancellation of the Card.
3. Definitions. The following definitions will apply to the following terms used in this Agreement:
a. “Activate” and “Activation” means the activation of the Card to enable you to use the Card;
b. “Agent” means Blackhawk Network (Canada) Ltd., our Card program manager, and its affiliates and subcontractors and any merchant from which you purchased the Card and which participates in a Citizens Bank Visa Prepaid Card program;
c. “Agreement” means this Cardholder Agreement;
d. “ATM” means an automated teller machine;
e. “Balance” means the record maintained by us of the balance of available funds on the Card;
f. “Bank” means Citizens Bank of Canada (www.citizensbank.ca);
g. “Card” means the Citizens Bank Visa Prepaid Card loaded with Canadian currency, including all replacements thereof which may be issued from time to time in accordance with this Agreement, and references to it include the Security Details;
h. “Card Carrier” means the case and packaging in which your Card is presented, which displays important information relating to your Card, including but not limited to fees relating to your Card;
i. “Card Services” means any services provided by us in connection with the Card;
j. “Customer Service Number” means the toll free customer service number indicated on the back of your Card;
k. “CVV2” means the three-digit number printed after the partial Card account number on the back signature panel of the Card;
l. “Personal Information” means the information that we collect when we provide you with Card Services, including the transactions on your Balance and personal information we collect in or through any application form, correspondence, e-mails, telephone calls and the internet;
m. “Security Details” means any of the information given by you when applying for the Card or during Activation, or any changes made to this information including, without limitation, the CVV2 number on the back of the Card;
n. “we”, “us”, “our” means the Bank, as issuer of the Card, and our Agents;
o. “Website” means the internet site indicated on the back of your Card; and
p. “you”, “your” means the purchaser of the Card, or the recipient of the Card as a gift, who signs the back of and/or uses the Card.
4. Issuing of Cards.
4.1 The Card is the property of the Bank and we may request you to return it to us if we believe there is a good reason (including without limitation the reasons described in Section 13.1 below) to ask for its return.
4.2 The Card may be used to purchase goods and services at merchants that accept Visa as a form of payment and for no other purpose.
4.3 All use of the Card is limited to the amount pre-loaded and standing to the credit of the Card from time to time, as shown on your Balance.
5. Activation.
The Card is Activated and ready to use at the time it is issued to the purchaser of the Card unless otherwise indicated on the Card Carrier.
6. Use and Expiry of the Card.
6.1 The Card is for your use alone.
6.2 The Card has an “valid through” date imprinted on the face of the Card.  The Card may not be used after the valid through date.  Cards may be replaced on and following the valid through date indicated on the face of the Card at no cost to the Cardholder and without reducing the Balance. Cardholders may contact Customer Service at the Customer Service Number to request a replacement card.
6.3 When you present your Card, the merchant will prepare a sales draft which you will be asked to sign. You will receive a copy of the sales draft and should keep each draft until the transaction appears on your Balance. This will help you to keep track of your spending and your Balance.
6.4 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 may authorize and process a transaction even if the signature on the sales draft is different than the signature on your Card.
6.5 The use of your Card to purchase goods and services from merchants constitutes a simultaneous debit from and/or demand upon the available funds on your Card. For each transaction, the amount of the transaction and any applicable fees will be debited immediately from the Balance and will reduce such available balance.
6.6 Each transaction will usually require authorization or validation before completion. You acknowledge that once a transaction is authorized, whether or not you have received the goods or services at the time of authorization, your Balance will decrease by the amount of such authorization.
6.7 If you have a problem with a purchase you make with the Card or a dispute with a merchant, you must deal directly with the merchant involved. If you are entitled to a refund for any reason relating to a Card transaction, you agree to accept the refund under the policy of the specific merchant with whom the original purchase was made. Refunds may be in the form of a credit to your Card, cash refund or in-store credit at the discretion of the merchant. Refunds in the form of a credit to your Card will take two (2) to three (3) days to appear on your Balance.
6.8 You do not have the right to stop the payment of any transaction you conduct with the Card.
6.9 “Cash back” transactions (i.e. transactions for an amount greater than the price of the goods or service purchased) with the Card are not permitted.
6.10 Some merchants:
a. may not allow you to combine payment types (e.g. for a $20 purchase, using a $10 cash payment and a $10 Card payment); and
b. including, but not limited to restaurants, hotels and car rental agencies, may obtain authorizations in advance for Card transactions in an amount greater than the final transaction amount (temporarily affecting the Balance available to cover other transactions).
6.11 You are responsible for all authorized transactions initiated by use of your Card and for all losses as set out in Section 11. If you permit someone else to use your Card, you agree that we may refuse to authorize any transactions initiated by such person with your Card, but if we authorize any such transactions we may treat such person as authorized by you to use your Card and you authorize us to debit the amount of such transactions from your Balance.
6.12 Your Card can only be used for a transaction if your Balance is sufficient to cover such transaction.
6.13 If a negative balance of funds on your Card is created in error following any transaction initiated or authorized by you, you agree to repay the amount of the resulting negative balance to us within thirty (30) days of such transaction.
6.14 The Card is not intended to be used to access cash at an ATM. Attempts to utilize the Card at an ATM will be declined.
6.15 You may not make pre-authorized regular payments through the use of your Card.
6.16 You may not use your Card for any illegal, improper or unlawful purpose. Where a suspected illegal, improper or unlawful transaction is attempted, the transaction may be declined.
6.17 You may use your Card for online transactions and at unattended terminals, however, due to certain security features, we cannot guarantee your Card will work on every website or unattended terminal.
6.18 You may not use your Card at casinos or for any gambling activity.
6.19 We are not liable to you for declining authorization for any particular transaction, regardless of our reason.
7. Your Balance.
7.1 The Card is limited to a maximum available balance of funds at any time.
7.2 You will be able to check your Balance and transactions applied to your Card through the Website.  It is important to know the Balance of your Card because merchants are unable to check it for you.
7.3 You will also be able to access your Balance by calling the Customer Service Number anytime, 24 hours a day, seven days a week. You can check your Balance and the last five (5) transactions applied to your Card by using our automated system or by speaking directly with an operator to check all transactions applied to your Card.
7.4 While we are confident about our systems and security levels, information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. Accordingly, we are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to access your Balance information on the Website.
7.5 If we notice an error in your Balance that is our fault we will promptly correct it.
7.6 If you notice any error or omission relating to the transactions on your Card as recorded in your Balance then you must immediately notify us at the Customer Service Number. We may request that you provide additional written information concerning any error or omission. If you do not notify us within 30 days after the date of a transaction of any error or omission relating to the transaction, the record of the transaction in your Balance will be conclusively deemed to be correct, except for any amount improperly credited to the Card. A microfilm or other copy of an electronic record of a sales draft or other document relating to a transaction will be sufficient to establish your authorization, and any other details, of the transaction.
7.7 Provided that you have complied with our reasonable requests for information, we will correct the error if it is our or any of our service providers’ fault. If we decide it is not our fault, we will notify you in writing or by e-mail as soon as our decision is made.
7.8 If we decide we are at fault, there may be a delay in crediting your Card for the error while our investigations are completed, but such a credit will normally occur within ten (10) days.
8. Fees.
8.1 You authorize us to charge against your Balance the fees described in Section 9.2.
9. Foreign Currency Transactions.
9.1 The Balance is in Canadian currency and is intended for transactions in Canadian currency only.
9.2 If a transaction is made on your Card in a currency other than Canadian currency, you authorize us to charge against your Balance the Bank’s cost in Canadian currency of obtaining the transaction amount in foreign funds, determined on the day we process the transaction, plus an administration fee of 2.50% of the converted amount of the transaction.
10. Card Security.
You must ensure you keep the Card secure by:
a. never allowing anyone else to use your Card;
b. not interfering with any magnetic stripe on the Card;
c. not giving the Card number to any unauthorized person;
d. not giving any Security Details to any unauthorized person; and
e. complying with any reasonable instructions we give about keeping the Card and any Security Details safe and secure.
11. Your Liability for Lost, Stolen and Misused Cards and Unauthorized Transactions.
11.1 You will be liable for ALL losses, damages and expenses whatsoever if:
a. your Card is lost or stolen, except as provided in Section 11.4;
b. your Card is misused with your consent;
c. you have been negligent (including, but not limited to, failing to look after your Card resulting in unauthorized transactions being made); or
d. you have acted fraudulently.
11.2 If your Card is lost or stolen or if someone else may know your Card number, you must notify us immediately by calling 1-866-466-8082 and provide your name, the Card number, the valid through date, original value and transaction history to us. Accordingly, you should keep a secure record of the Card number, the valid through date and your transactions with the Card. All transactions carried out prior to such notification shall be deemed to have been authorized by you.
11.3 Your Card will be replaced at your request at no cost if it is lost or stolen prior to the valid through date indicated on the face of the Card, subject to the following conditions:
a. you must notify us in the event your Card is lost or stolen in accordance with Section 11.2;
b. we reserve the right to: conduct an investigation into the validity of any request; require verification of your identity; and require you to provide an affidavit signed by you in connection with your request;
c. it may take up to 30 days to process your request.
11.4. Subject to the terms of Sections 11.1(a), (b) and (c), you will not be liable for any charges incurred on your Card through a merchant which are identified by us as unauthorized.
12. Privacy.
We will collect, use and disclose your personal information only in accordance with the Bank’s Privacy Policy. A copy of this policy is available at www.citizensbank.ca.
13. Ending of this Agreement
13.1 We may ask for the return of the Card, cancel or suspend use of the Card and/or end this Agreement immediately and without notice if:
a. we believe the Card has been or is likely to be misused;
b. we believe the Card was purchased with a fraudulent credit card, NSF cheque, or counterfeit currency;
c. any of the terms and conditions contained in this Agreement are breached or violated by you;
d. there is a dispute over the Card’s ownership; or
e. we believe the Card is counterfeit.
13.2 If we wish to end this Agreement for any other reason we may do so by giving you at least thirty (30) days notice, which we may give by posting a notice on the Website or by any other reasonably effective means. Such notice will set out the date this Agreement shall terminate and we will not process any transactions on the Card initiated on or after such date. Subject to the following sentence, you will be entitled to the return of your Balance by surrendering your Card to us at the address which you may obtain by calling the Customer Service Number. Sections 6.1, 6.11, 6.19, 7.4, 11, 12, 15 and 20 will survive termination of this Agreement.
14. Changes to this Agreement.
14.1 This Agreement is in effect as at the date of purchase and a current copy of the Agreement can be obtained from the Website.
14.2 We may amend or change this Agreement from time to time by posting a notice on the Website.  If your Card is used for a transaction after this Agreement is amended or changed, it will mean that you accept the amendments or changes we have made to this Agreement.
14.3 We may amend or change this Agreement in order to comply with any governmental, provincial or federal laws or regulations governing the Card or for any other reason as we may see fit.
15. Our Liability to You.
15.1 You agree that we and our Agents will not be liable to you for any loss, damages or expenses whatsoever due to:
a. any of your instructions not being sufficiently clear;
b. any failure by you to provide correct information;
c. any failure due to events outside our reasonable control;
d. any system failure or industrial dispute;
e. any ATM refusing to, or being unable to, accept your Card;
f. the way in which any refusal to accept the Card is communicated to you;
g. our taking any action required by any governmental, federal or provincial law or regulation or court order;
h. anything specifically excluded or limited elsewhere in this Agreement; or
i. any breach or violation of this Agreement by you.
15.2 We and our Agents will not be liable for any claims whatsoever, including without limitation, claims for personal injury, death, damage to property or economic loss, howsoever caused, arising from the use of the Card, negligence on our part or on the part of our Agents, breach of contract or any other tort or cause of action at common law, in equity or by statute.
15.3 We and our Agents will not be liable under any circumstances for any indirect, special, consequential, incidental or punitive damages.
16. Third Party Rights.
Nothing in this Agreement (except as provided in Section 17) will confer on any third party any benefit or the right to enforce any terms of this Agreement.
17. Transferring our Rights.
We may assign any of our rights and obligations under this Agreement to any other person or business, subject to such party assuming our obligations under this Agreement.
18. Law and Jurisdiction.
This Agreement will be interpreted in accordance with the laws of the Province of British Columbia and the applicable laws of Canada.  In the event of a dispute, you agree that the courts in British Columbia shall be competent to hear such dispute and you agree to be bound by any judgment of that court.
19.  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.
19.  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 shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
19.  Choice of Language.
Both of us acknowledge that we and you have required that this Agreement be drawn up in English.  Nous reconnaissent avoir exigé la rédaction en anglais de la présente convention.
20. Disclaimer.
While every effort will be made to ensure all information sources provide correct information relating to the Card and your Balance, we rely on many information sources, some of which are outside our control, and neither us nor our Agents will be held liable or responsible for the accuracy of information from such sources. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, CUSTOMER SERVICE FUNCTIONS, OR ANY OTHER 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.
21. Contact Us.
All Card-related inquires should be directed to Customer Service by calling the Customer Service Number. Contact information is also available on the Website. Customer Service will try to resolve any problems as quickly as possible and in accordance with our established complaints policy.
22.  Financial Consumer Agency of Canada
If you have a complaint about any matter arising from this Agreement, you may file a written complaint with the Financial Consumer Agency of Canada by contacting:

(i) its office at:

Enterprise Building
427 Laurier Avenue West, 6th Floor
Ottawa, Ontario, K1R 1B9, or

(ii) through its website at: www.fcac-acfc.gc.ca

 

As of November 1, 2014 this Cardholder Agreement will no longer be in effect.

Citizens Bank Visa Prepaid Card

May 2014 Update

Ensure you read this Agreement as your rights as a cardholder are strictly limited.  This Card is subject to fees as set out in Section 8 of this Agreement and as specifically described on the card carrier.

IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MUST NOT USE OR ACCEPT THE CARD.

1. Introduction.
The following terms and conditions of this Agreement govern the Citizens Bank Visa Prepaid Card issued by Citizens Bank of Canada. As such, this Agreement constitutes our agreement with you with respect to your Card.

2. Important Information regarding the Nature of the Card.
2.1 The Card issued with this Agreement:
a. is not valid until signed by you;
b. is not refundable in cash and may not be cancelled by you;
c. is not reloadable;
d. is not a credit card;
e. is not (nor is your Balance or any other record relating to the Card) a deposit with us nor is it related to or connected in any way with a bank account with the Bank;
f. does not (nor does your Balance or any other record relating to the Card) constitute evidence of indebtedness or liability of the Bank to you, except to honour transactions initiated with the Card as provided in this Agreement;
g. is not assignable once it has been signed by you.
h. is not (nor is the Balance) insured by Canada Deposit Insurance Corporation.
2.2 The Card and its use are subject to the limits set out in these terms and conditions. For greater certainty, you shall have no right 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 use the Card in accordance with this Agreement as payment for goods and services from merchants who accept Visa as a form of payment.
2.3 There is no interest payable to you on any available balance of funds on the Card.
2.4 The sole right of a purchaser or recipient of a Card who does not sign the Card and/or use it for his or her own use is the right to deliver the Card to a recipient as a gift. The Card must be delivered in its original Card Carrier and with this Agreement, even if the Card has been removed from its original Card Carrier. The purchaser or recipient of the Card shall have no right whatsoever to make any claims against us or our Agents or to request a refund or cancellation of the Card.

3. Definitions.
The following definitions will apply to the following terms used in this document:
a. “Activate” and “Activation” means the activation of the Card to enable you to use the Card;
b. “Agent” means our Card program manager and its affiliates and subcontractors and any person from which you purchased the Card and which participates in a Citizens Bank Visa Prepaid Card program;
c. “Agreement” means this Cardholder Agreement;
d. “ATM” and “ABM” mean an automated teller machine and automated bank machine respectively;
e. “Balance” means the record maintained by us of the balance of available funds on the Card;
f. “Bank” means Citizens Bank of Canada;
g. “Card” means the Citizens Bank Visa Prepaid Card loaded with Canadian currency, including all replacements thereof which may be issued from time to time in accordance with this Agreement, and references to it include the Security Details;
h. “Card Carrier” means the case and packaging in which your Card is presented, which displays important information relating to your Card, including but not limited to fees relating to your specific Card;
i. “Card Services” means any services provided by us in connection with the Card;
j. “Customer Service Number” means the toll free customer service number indicated on the back of your Card or shown on the Website;

k. “CVV2” means the three-digit number printed after the partial Card account number on the back signature panel of the Card;
l. “Good Thru Date” is the date (month and year) printed on the front of the Card;
m. “Personal Information” is the information that we collect when we provide you with Card Services, including the transactions on your Balance and personal information we collect in or through any application form, correspondence, e-mails, telephone calls and the internet;
n. “Security Details” means any of the information given by you when applying for the Card or during Activation, or any changes made to this information including, without limitation, the CVV2 number on the back of the Card;
o. “we”, “us”, “our” means the Bank, as issuer of the Card;
p. “Website” means the www.giftcardstore.ca/visacard or the internet site indicated on the back of your Card; and
q. “you”, “your” means the purchaser of the Card, or the recipient of the Card as a gift, who signs the back of and/or uses the Card.
4. Ownership of the Card.
4.1 The Card is the property of the Bank and we may request you to return it to us if we believe there is a good reason (including without limitation the reasons described in Section 14.1 below) to ask for its return.

5. Activation.
The Card is activated and ready to use at the time it is issued to the purchaser of the Card unless otherwise indicated on the Card Carrier or on the receipt of the merchant from which you purchased the Card.

6. Use of the Card.
6.1 The Card may be used by you to purchase goods and services at merchants that accept Visa as a form of payment and for no other purpose.
6.2 All use of the Card is limited to the amount pre-loaded and standing to the credit of the Card from time to time, as shown on your Balance.
6.3 The Card may no longer be used after the last day of the month of the Good Thru Date but your right to use the funds that are loaded onto the Card will not expire. If you have a Balance remaining on the Card after the last day of the month of the Good Thru Date, we will, at your request, issue you a new Card with a new Good Thru Date in order for you to continue to access your remaining Balance. To obtain a new Card, you must:
a. register your Card on the Website (see Website for instructions); and
b. call the Customer Service Number to request a new Card.
6.4 When you present your Card, the merchant will prepare a sales draft which you will be asked to sign. You will receive a copy of the sales draft and should keep each draft until the transaction appears on your Balance. This will help you to keep track of your spending and your Balance.
6.5 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 may authorize and process a transaction even if the signature on the sales draft is different than the signature on your Card.
6.6 The use of your Card to purchase goods and services from merchants constitutes a simultaneous debit from and/or demand upon the available funds on your Card. For each transaction, the amount of the transaction and any fees will be debited immediately from the Balance and will reduce your available Balance.
6.7 Each transaction will usually require authorization or validation before completion. You acknowledge that once a transaction is authorized, whether or not you have received the goods or services at the time of authorization, your Balance will decrease by the amount of such authorization.
6.8 If you have a problem with a purchase you make with the Card or a dispute with a merchant, you must deal directly with the merchant involved. If you are entitled to a refund for any reason relating to a Card transaction, you agree to accept the refund under the policy of the specific merchant with whom the original purchase was made. Refunds may be in the form of a credit to your Card, cash refund or in-store credit at the discretion of the merchant. Refunds in the form of a credit to your Card will take up to three (3) days to appear on your Balance.
6.9 You do not have the right to stop the payment of any transaction you conduct with the Card.
6.10 “Cash back” transactions (i.e. transactions for an amount greater than the price of the goods or service purchased) with the Card are not permitted.
6.11 Some merchants including, but not limited to restaurants, hotels and car rental agencies, may obtain authorizations in advance for Card transactions in an amount greater than the final transaction amount (temporarily affecting the Balance on your Card being available to cover other transactions). If the Balance on the Card is not high enough to cover the amount of an authorization, the Card could be declined.
6.12 If you want to make a purchase for an amount greater than the remaining Balance, you must notify the merchant before completing the transaction. Some merchants may not allow you to combine payment types (often called “split payments,” where you use the Card as partial payment for goods and services and pay the remainder of the balance with another payment method, such as a credit card). If you wish to conduct a split payment and it is permitted by the merchant, you must tell the merchant to charge to the Card only the exact amount of funds available on the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.
6.13 You are responsible for all authorized transactions initiated by use of your Card and for all losses as set out in Section 11. If you permit someone else to use your Card, you agree that we may refuse to authorize any transactions initiated by such person with your Card, but if we authorize any such transactions we may treat such person as authorized by you to use your Card and you authorize us to debit the amount of such transactions from your Balance.
6.14 Your Card can only be used for a transaction if your Balance is sufficient to cover such transaction.
6.15 If a negative balance of funds on your Card is created in error following any transaction initiated or authorized by you, you agree to repay the amount of the resulting negative balance to us within thirty (30) days of such transaction.
6.16 The Card may not be used to access cash at an ATM or ABM. Attempts to utilize the Card at an ATM or ABM will be declined.
6.17 You may not make pre-authorized regular payments through the use of your Card.
6.18 You may not use your Card for any illegal, improper or unlawful purpose. Where a suspected illegal, improper or unlawful transaction is attempted, the transaction may be declined.
6.19 You may use your Card for online transactions and at unattended terminals such as parking lots, pay phones and gas pumps, however, due to certain security features, we cannot guarantee your Card will work on every website or unattended terminal. Whenever possible, you should present the Card to a cashier or attendant.
6.20 Some online merchants may only accept Cards registered on the Website (see Website for instructions).
6.21 You may not use your Card at casinos or for any gambling activity.
6.22 We are not liable to you for declining authorization for any particular transaction, regardless of our reason.

7. Your Balance.
7.1 The use of the Card at any given time is limited to the available Balance of funds on the Card at that time.
7.2 You will be able to check your Balance and transactions applied to your Card through the Website. It is important to know the Balance of your Card because merchants are unable to check it for you.
7.3 You will also be able to access your Balance by calling the Customer Service Number anytime, 24 hours a day, seven days a week. You can check your Balance and the last five (5) transactions applied to your Card by using our automated system or by speaking directly with an operator to check all transactions applied to your Card. You will not receive a written statement respecting your transactions or your Balance.
7.4 After the last day of the month of the Good Thru Date of the Card, any remaining Balance will be subject to the maintenance fee as described in Section 8.2. You can request a new Card if you have any Balance remaining following the Good Thru Date. See Section 12 for details.
7.5 While we are confident about our systems and security levels, information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. Accordingly, we are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to access your Balance information on the Website.
7.6 If we notice an error in your Balance that is our fault we will promptly correct it.
7.7 If you notice any error or omission relating to the transactions on your Card as recorded in your Balance then you must immediately notify us at the Customer Service Number. We may request that you provide additional written information concerning any error or omission. If you do not notify us within 30 days after the date of a transaction of any error or omission relating to the transaction, the record of the transaction in your Balance will be conclusively deemed to be correct, except for any amount improperly credited to the Card. A microfilm or other copy of an electronic record of a sales draft or other document relating to a transaction will be sufficient to establish your authorization, and any other details, of the transaction.
a. Provided that you have complied with our reasonable requests for information, we will correct the error if it is our or any of our service providers’ fault. If we decide it is not our fault, we will notify you in writing or by e-mail as soon as our decision is made.
b. If we decide we are at fault, there may be a delay in crediting your Card for the error while our investigations are completed, but such a credit will normally occur within ten (10) days.

8. Fees.
We encourage you to use your Card soon!  A Monthly Maintenance Fee of $2.50 per month (or the remaining Balance on the Card, whichever is less) will be applied against the Balance of the Card beginning in the twelfth (12) month from the date the Card was purchased or beginning the month after the month of the Good Thru Date, whichever is later. The Monthly Maintenance Fee will not be charged once the balance on the Card reaches $0. If you have any questions about fees, please call the Customer Service Number.

Fees
Activation Fee: $3.95-$6.95, depending on card purchased

Monthly Maintenance Fee: $2.50 per month (or the remaining balance on the Card, if less than $2,50), beginning 12 months after the date the Card is purchased or in the month after the Good Thru Date, whichever is later

Foreign Transaction Fee: 2.50% of the amount of the foreign transaction

9. Foreign Currency Transactions.
9.1 The Balance is in Canadian currency and is intended for transactions in Canadian currency only.
9.2 If a transaction is made on your Card in a currency other than Canadian currency, you authorize us to charge against your Balance the Bank’s cost in Canadian currency of obtaining the transaction amount in foreign funds, determined on the day we process the transaction, plus a fee of 2.50% of the converted amount of the transaction. You authorize us to deduct from the amount of any credit to your Card, which we receive in foreign currency, the Bank’s cost of obtaining Canadian funds, plus a fee of 2.50% of the converted amount of the credit.

10. Card Security.
You must ensure you keep the Card secure by:
a. never allowing anyone else to use your Card;
b. not interfering with any magnetic stripe on the Card;
c. not giving the Card number to any unauthorized person;
d. not giving any Security Details to any unauthorized person;
e. complying with any reasonable instructions we give about keeping the Card and any Security Details safe and secure.

11. Your Liability for Lost, Stolen and Misused Cards and Unauthorized Transactions.
11.1 You will be liable for ALL losses, damages and expenses whatsoever if:
a. your Card is lost or stolen, except as provided in Section 11.4;
b. your Card is misused with your consent;
c. you have been negligent (including, but not limited to, failing to look after your Card resulting in unauthorized transactions being made); or
d. you have acted fraudulently.
11.2 If your Card is lost or stolen or if someone else may know your Card number, you must notify us immediately by calling the Customer Service Number on the back of the Card and provide your name, the Card number, Good Thru Date, original value and transaction history to us. Accordingly, you should keep a secure record of the Card number, Good Thru Date, and your transactions with the Card. All transactions carried out prior to such notification shall be deemed to have been authorized by you.
11.3 Subject to the terms of Section 11.1, you will not be liable for any charges incurred on your Card through a merchant which are identified by us as unauthorized.
11.4 If you have not registered the Card on the Website (see Section 12.1 below), you authorize us to act in your place as cardholder to take any steps we deem necessary in the case of suspected or alleged fraudulent use of the Card or Card number.

12. Registration and Replacement of Cards
12.1 You may register your Card by following the instructions on the Website.  You can register your Card on the Website at any time, including after the Good Thru Date.
12.2 Your right to use the funds that have been loaded onto the Card will not expire, however, after the last day of the month of the Good Thru Date of the Card, any remaining Balance will be subject to the maintenance fee as described in Section 8.2. If your Card has been registered on the Website and has a Balance after the last day of the month of the Good Thru Date, we will, upon your request, issue you a new Card with a new Good Thru Date in order for you to continue to access your remaining Balance. You must call the Customer Service Number to request a new Card.
12.3 We will replace your Card if it lost or stolen (normally within 30 days), without charge, provided that you have notified us in accordance with Section 11.2 and we are able to verify your identity and the validity of the request, including, if we wish, by requiring that you provide an affidavit.

13. Privacy.
We may collect certain Personal Information from you when you apply for the Card or during Activation, or when we provide you with any Card Services, including your name and address or email address.  We will collect, use and disclose your Personal Information only in accordance with the Bank’s Privacy Policy. A copy of this policy is available at the Website shown on the back of your Card.  It is your responsibility to notify us if your address or email address changes, in the event that we have to contact you regarding your Card.  You can notify us of a change in your contact details by calling the Customer Service Number on the back of the Card or by updating your information on the Website.

14. Ending of this Agreement
14.1 We may ask for the return of the Card, cancel or suspend use of the Card and/or end this Agreement immediately and without notice if:
a. we believe the Card has been or is likely to be misused;
b. we believe the Card was purchased with a fraudulent credit card, NSF cheque, or counterfeit currency;
c. any of the terms and conditions contained in this Agreement are breached or violated by you;
d. there is a dispute over the Card’s ownership; or
e. we believe the Card is counterfeit.
14.2 If we wish to end this Agreement for any other reason we may do so by giving you at least thirty (30) days notice, which we may give by posting a notice on the Website or by any other reasonably effective means. Such notice will set out the date this Agreement shall terminate and we will not process any transactions on the Card initiated on or after such date. Subject to the following sentence, you will be entitled to the return of your Balance by surrendering your Card to us at the address which you may obtain from the Customer Service Number. Sections 1.1, 6.21, 11, 13 and 16 will survive termination of this Agreement.

15. Changes to this Agreement.
15.1 This Agreement is in effect as at the date of purchase and a current copy of the Agreement can be obtained from the Website.
15.2 We will not increase any fees associated with your Card or impose any fees other than those listed above. Otherwise, we may change this Agreement from time to time by posting a notice and updated Agreement on the Website, subject to applicable law. Any change that we make to the Agreement will become effective 10 days after the updated Agreement is posted to the Website. You should check the Website from time to time to ensure that you are aware of any changes made. You may determine when the Agreement was last updated by referring to the “Date Last Revised” displayed on the Website.
15.3 We may change this Agreement in order to comply with any governmental, provincial or federal laws or regulations governing the Card.

16. Our Liability to You.
16.1 You agree that we and our Agents will not be liable to you for any loss, damages or expenses whatsoever due to:
a. any of your instructions not being sufficiently clear;
b. any failure by you to provide correct information;
c. any failure due to events outside our reasonable control;
d. any system failure or industrial dispute;
e. any ATM or ABM refusing to, or being unable to, accept your Card;
f. the way in which any refusal to accept the Card is communicated to you;
g. our taking any action required by any governmental, federal or provincial law or regulation or court order;
h. anything specifically excluded or limited elsewhere in this Agreement; or
i. any breach or violation of this Agreement by you.
16.2 We and our Agents will not be liable for any claims whatsoever, including without limitation, claims for personal injury, death, damage to property or economic loss, howsoever caused, arising from the use of the Card, negligence on our part, breach of contract or any other tort or cause of action at common law, in equity or by statute.
16.3 We and our Agents will not be liable under any circumstances for any indirect, special or consequential damages.

17. Third Party Rights.
Nothing in this Agreement will confer on any third party any benefit or the right to enforce any terms of this Agreement.

18. Transferring our Rights.
We may assign any of our rights and obligations under this Agreement to any other person or business, subject to such party assuming our obligations under this Agreement, and, in connection with such assignment, you consent to us transferring to any such party all Personal Information that we have about you

19. Law and Jurisdiction.
This Agreement will be interpreted in accordance with the laws of the province of British Columbia and the applicable laws of Canada.  In the event of a dispute, you agree that the courts in British Columbia shall be competent to hear such dispute and you agree to be bound by any judgment of that court.

20. In Quebec.
Both of us acknowledge that we and you have required that this Agreement be drawn up in English.  Nous reconnaissons tous deux avoir exigé la rédaction en anglais de la présente convention.  

21. Disclaimer.
While every effort will be made to ensure all information sources provide correct information relating to the Card and your Balance, we rely on many information sources, some of which are outside our control, and neither us nor our Agents will be held liable or responsible for the accuracy of information from such sources.

22. Contact Us.
All Card-related inquires should be directed to the Customer Service Number on the back of your card. Contact information is also available on the Website at www.giftcardstore.ca/visacard. Customer Service will try to resolve any problems as quickly as possible and in accordance with our established complaints policy.

Financial Consumer Agency of Canada

If you have a complaint about any matter arising from this Agreement, you may file a written complaint with the Financial Consumer Agency of Canada by contacting:

(i) its office at:

Enterprise Building

427 Laurier Avenue West, 6^th Floor

Ottawa, Ontario, K1R 1B9, or

(ii) through its website at:

www.fcac-acfc.gc.ca.

This Cardholder Agreement will come into effect on November 1, 2014. (Note: While this Cardholder Agreement refers to a June 2014 update, it does not come into effect until November 1, 2014).

CARDHOLDER AGREEMENT
Citizens Bank Visa Prepaid Card

June 2014 Update

Ensure you read this Agreement as your rights as a cardholder are strictly limited.

IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MUST NOT USE OR ACCEPT THE CARD.  THE CARD IS NOT VALID UNTIL SIGNED BY YOU.

1. Introduction.

This Agreement governs your Card which is issued by Citizens Bank of Canada. As such, this Agreement constitutes our agreement with you with respect to your Card.  Additional information about your Card and its use may be found on the Website. All capitalized terms used in this Agreement have the meaning set out in Section 4.
2. Important Information.

2.1 Card Information, Balances, and Transactions. For questions about this Agreement or your Card balance call the Customer Service Number 1.866.466.8082 or go online to www.giftcardstore.ca/visacard.

2.2 Card Restrictions. The Card can only be used as payment for goods and services from merchants who accept Visa. As such, the Card cannot be used (i) to make cash withdrawals at automated teller machines; or (ii) for “cash back” transactions (i.e. transactions for an amount greater than the price of goods or services purchased). The Card is non-reloadable and is not refundable. The Card cannot be used for pre-authorized regular payments.

2.3 No CDIC Insurance. Funds on the Card are not eligible for deposit insurance from the Canada Deposit Insurance Corporation.

2.4 No Expiry. Funds on the Card do not expire, however, the Card may no longer be used after the last day of the month on the front of the Card shown as the Good Thru date.

2.5 Lost or Stolen Cards.

You will be liable for ALL losses, damages and expenses whatsoever if:

(a) your Card is lost or stolen, except as provided in Section 10.1;

(b) your Card is misused with your consent;

(c) you have been negligent (including, but not limited to, failing to look after your Card resulting in unauthorized transactions being made); or

(d) you have acted fraudulently.

If your Card is lost or stolen or if someone else may know your Card number, you must notify us immediately by calling the Customer Service Number on the back of the Card and provide your name, the Card number, Good Thru date, original value and transaction history to us. All transactions carried out prior to such notification shall be deemed to have been authorized by you.

2.6 Split Payments. If you want to make a purchase for an amount greater than the remaining Balance, you must notify the merchant before completing the transaction. Some merchants may not allow you to combine payment types (often called “split payments,” where you use the Card as partial payment for goods and services and pay the remainder of the balance with another payment method, such as a credit card). If you wish to conduct a split payment and it is permitted by the merchant, you must tell the merchant to charge to the Card only the exact amount of funds available on the Card. You must then arrange to pay the difference using another payment method.

2.7 Fees.

Purchase Fee: $3.95-$6.95, depending on card purchased. Paid only when the Card is originally purchased.

Monthly Maintenance Fee: $2.50 per month (or the remaining balance on the Card, if less than $2.50), beginning either 12 months after the date the Card is purchased or in the month after the Good Thru date, whichever is later.

Foreign Transaction Fee: 2.50% of the amount of the foreign transaction

If we pay for a foreign transaction in Canadian currency, the Card will be charged the same conversion rate were we required to pay, plus an administration fee of $2.5% of the converted amount.  This fee applies to both debits and credits and is not refundable in the event of termination of the Card.

3. Right of Purchaser or Recipient of Card.

3.1 The sole right of a purchaser or recipient of a Card who does not sign the Card and/or use it for his or her own use is the right to deliver the Card to a recipient as a gift. The Card must be delivered in its original Card Carrier and with this Agreement, even if the Card has been removed from its original Card Carrier.

4. Definitions.

The following definitions will apply to the following terms used in this document:

(a) “Activate” and “Activation” means the activation of the Card to enable you to use the Card;

(b) “Agent” means our Card program manager and its affiliates and subcontractors and any person from which you purchased the Card and which participates in a Citizens Bank Visa Prepaid Card program;

(c) “Agreement” means this Cardholder Agreement;

(d) “Balance” means the record maintained by us of the balance of available funds on the Card as a result of transactions;

(e) “Bank” or “we”, “us” and “our” means Citizens Bank of Canada; the issuer of the Card, whose internet site is located at www.citizensbank.ca;

(f) “Card” means Prepaid Gift Card issued to you by the Bank and loaded with Canadian currency, including all replacements thereof which may be issued from time to time in accordance with this Agreement, and references to it include the Security Details;

(g) “Card Carrier” means the case and packaging in which your Card is presented, displaying important information relating to your Card, including fee information in respect of your specific Card;

(h) “Card Services” means any services provided by us in connection with the Card;

(i) “Customer Service Number” means the toll free customer service number 1.866.466.8082 indicated on the back of your Card or shown on the Website;

(j) “CVV2” means the three-digit number printed after the partial Card account number on the back signature panel of the Card;

(k) Card “Good Thru” date is the date (month and year) printed on the front of the Card for which the Card plastic will expire;

(l) “Personal Information” is the information that we collect when we provide you with Card Services, including the transactions on your Balance and personal information we collect in or through any application form, correspondence, e-mails, telephone calls and the internet;

(m) “Security Details” means any of the information given by you when applying for the Card or during Activation, or any changes made to this information including, without limitation, the CVV2 number on the back of the Card;

(n) “Website” means the www.giftcardstore.ca/visacard or the internet site indicated on the back of your Card; and

(o) “you”, “your” means the purchaser of the Card, or the recipient of the Card as a gift, who signs the back of and/or uses the Card.

5. Ownership of the Card.

5.1 The Card is the property of the Bank and we may request you to return it to us if we believe there is a good reason (including without limitation the reasons described in Section 13.1 below) to ask for its return.

6. Activation.

The Card is activated and ready to use at the time it is issued to the purchaser of the Card unless otherwise indicated on the Card Carrier or on the receipt of the merchant from which you purchased the Card.

7. Use of the Card.

7.1 All use of the Card is limited to the amount pre-loaded and standing to the credit of the Card from time to time, as shown on your Balance.

7.2 You agree that we are not responsible for any failure by the merchant to verify the signature on any sales draft prepared in connection with a transaction on your Card and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on your Card.

7.3 For each transaction where you use your Card to purchase goods or services the amount of the transaction and any fees will be debited immediately from the Balance and will reduce your available Balance.

7.4 Each transaction requires authorization or validation before completion. You acknowledge that once a transaction is authorized, whether or not you have received the goods or services at the time of authorization, your Balance will decrease by the amount of such authorization.

7.5 If you have a problem with a purchase you make with the Card or a dispute with a merchant, you must deal directly with the merchant involved.

7.6 You are responsible for all authorized transactions initiated by use of your Card and for all losses as set out in Section 2.5 or 10.1. If you permit someone else to use your Card, you agree that we may refuse to authorize any transactions initiated by such person with your Card, but if we authorize any such transactions we may treat such person as authorized by you to use your Card and you authorize us to debit the amount of such transactions from your Balance.

7.7 If a negative balance of funds on your Card is created in error following any transaction initiated or authorized by you, you agree to repay the amount of the resulting negative balance to us within thirty (30) days of such transaction.

7.8 You may not use your Card at casinos or for any gambling activity or for any illegal, improper or unlawful purpose. Where a suspected illegal, improper or unlawful transaction is attempted, the transaction may be declined.

7.9 We are not liable to you for declining authorization for any particular transaction, regardless of our reason.

8. Your Balance.

8.1 If we notice an error in your Balance that is our fault we will promptly correct it.

8.2 If you notice any error or omission relating to the transactions on your Card as recorded in your Balance then you must immediately notify us at the Customer Service Number. If you do not notify us within 30 days after the date of a transaction of any error or omission relating to the transaction, the record of the transaction in your Balance will be conclusively deemed to be correct, except for any amount improperly credited to the Card. A microfilm or other copy of an electronic record of a sales draft or other document relating to a transaction will be sufficient to establish your authorization, and any other details, of the transaction.

(a) Provided that you have complied with our reasonable requests for information, we will correct the error if it is our or any of our service providers’ fault. If we decide it is not our fault, we will notify you in writing or by e-mail as soon as our decision is made.

(b) If we decide we are at fault, there may be a delay in crediting your Card for the error while our investigations are completed, but such a credit will normally occur within ten (10) days.

8.3 While we are confident about our systems and security levels, information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. We are not responsible for any loss or damages you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to access your Balance information on the Website.

9. Card Security.

9.1 You must ensure you keep the Card secure by:

(a) never allowing anyone else to use your Card;

(b) not interfering with any magnetic stripe on the Card;

(c) not giving the Card number to any unauthorized person;

(d) not giving any Security Details to any unauthorized person;

(e) complying with any reasonable instructions we give about keeping the Card and any Security Details safe and secure.

10. Lost, Stolen and Misused Cards and Unauthorized Transactions.

10.1 Subject to the terms of Section 2.5, you will not be liable for any charges incurred on your Card through a merchant that is identified by us as unauthorized.

10.2       If you have not registered the Card on the Website (see Section 11.1 below), you authorize us to act in your place as cardholder to take any steps we deem necessary in the case of suspected or alleged fraudulent use of the Card or Card number.

11. Registration and Replacement of Cards.

11.1       Register your Card on the Website, or by calling Customer Services Number at any time, including after the Good Thru date. You will need to register your Card for most online purchases and it must be registered in order for it to be replaced if it is lost, stolen, or damaged, or if you wish to obtain a replacement Card.

11.2 If your Card has been registered on the Website and has a Balance after the last day of the month of the Good Thru date, we will, upon your request, issue you a new Card with a new Good Thru date in order for you to continue to access your remaining Balance. You must call the Customer Service Number to request a new Card.

11.3 We will replace your Card if it is lost or stolen (normally within 30 days), without charge, provided that you have notified us in accordance with Section 2.5 and we are able to verify your identity and the validity of the request, including, if we wish, by requiring that you provide an affidavit.

12. Privacy.

We may collect certain Personal Information from you when you buy the Card or during Activation, or when we provide you with any Card Services, including your name, home address, and email address.  We will collect, use and disclose your Personal Information only in accordance with the Bank’s Privacy Policy. A copy of this policy is available at the Website.  It is your responsibility to notify us if your, phone number, home,   or email address changes, in the event that we have to contact you regarding your Card.  You can notify us of a change in your contact details by calling the Customer Service Number on the back of the Card or by updating your information on the Website.

13. Ending of this Agreement.

13.1       We may ask for the return of the Card, cancel or suspend use of the Card and/or end this Agreement immediately and without notice if:

(a) we believe the Card has been or is likely to be misused;

(b) we believe the Card was purchased with a fraudulent funds;

(c) any of the terms and conditions contained in this Agreement are breached or violated by you;

(d) there is a dispute over the Card’s ownership; or

(e) we believe the Card is counterfeit.

13.2 If we wish to end this Agreement for any other reason we may do so by giving you at least thirty (30) days notice, which we may give by posting a notice on the Website or by any other reasonably effective means. Such notice will set out the date this Agreement shall terminate and we will not process any transactions on the Card initiated on or after such date. Subject to the following sentence, you will be entitled to the return of your Balance by surrendering your Card to us at the address which you may obtain from the Customer Service Number. Sections 2, 7, 10, 12, 15 and 19, will survive termination of this Agreement.

14. Changes to this Agreement.

14.1 This Agreement is in effect as at the date of purchase and a current copy of the Agreement can be obtained from the Website.

14.2 We will not increase any fees associated with your Card or impose any fees other than those listed above. Otherwise, we may change this Agreement from time to time by posting a notice and updated Agreement on the Website, subject to applicable law. Any change that we make to the Agreement will become effective 10 days after the updated Agreement is posted to the Website. You should check the Website from time to time to ensure that you are aware of any changes made. You may determine when the Agreement was last updated by referring to the “Date Last Revised” displayed on the Website.

14.3 We may change this Agreement in order to comply with any governmental, provincial or federal laws or regulations governing the Card.

15. Our Liability to You.

15.1 You agree that we and our Agents will not be liable to you for any loss, damages or expenses whatsoever due to:

(a) any of your instructions not being sufficiently clear;

(b) any failure by you to provide correct information;

(c) any failure due to events outside our reasonable control;

(d) the way in which any refusal to accept the Card is communicated to you;

(e) our taking any action required by any governmental, federal or provincial law or regulation or court order;

(f) anything specifically excluded or limited elsewhere in this Agreement; or

(g) any breach or violation of this Agreement by you.

15.2 We and our Agents will not be liable for any claims whatsoever, including without limitation, claims for personal injury, death, damage to property or economic loss, howsoever caused, arising from the use of the Card, negligence on our part, breach of contract or any other tort or cause of action at common law, in equity or by statute.

15.3 We and our Agents will not be liable under any circumstances for any indirect, special or consequential damages.

16. Transferring our Rights.

We may assign any of our rights and obligations under this Agreement to any other person or business, subject to such party assuming our obligations under this Agreement, and, in connection with such assignment, you consent to us transferring to any such party all Personal Information that we have about you.

17. Law and Jurisdiction.

This Agreement will be interpreted in accordance with the laws of the province of British Columbia and the applicable laws of Canada.  In the event of a dispute, you agree that the courts in British Columbia shall be competent to hear such dispute and you agree to be bound by any judgment of that court.

18. In Quebec.

Both of us acknowledge that we and you have required that this Agreement be drawn up in English.  Nous reconnaissons tous deux avoir exigé la rédaction en anglais de la présente convention.  

19. Disclaimer.

While every effort will be made to ensure all information sources provide correct information relating to the Card and your Balance, we rely on many information sources, some of which are outside our control, and neither us nor our Agents will be held liable or responsible for the accuracy of information from such sources.

20. Contact Us.

All Card-related inquiries should be directed to the Customer Service Number on the back of your Card. Contact information is also available on the Website at www.giftcardstore.ca/visacard. Customer Service will try to resolve any problems as quickly as possible and in accordance with our established complaints policy.

Financial Consumer Agency of Canada

If you have a complaint about any obligation of the Bank under a consumer provision of the Bank Act, you may contact the Financial Consumer Agency of Canada at: (i) its office at:  Enterprise Building, 427 Laurier Avenue West, 6^th Floor, Ottawa, Ontario, K1R 1B9, or (ii) through its website at: www.fcac-acfc.gc.ca.