Cardholder Agreements

If your card number starts with 548280, please click here.

If your card number starts with 549693, and you purchased your card at a retail store outside the Province of Saskatchewan, please click here.

If your card number starts with 549693, and you purchased your card at a retail store in the Province of Saskatchewan, please click here.

If your card number starts with 531431, and you purchased your card at a retail store outside the Province of Saskatchewan, your Ideal Choice Prepaid Mastercard has been rebranded to The Perfect Gift. For a copy of the Cardholder Agreement please click here.

If your card number starts with 531431, and you purchased your card at a retail store in the Province of Saskatchewan, please click here.

Ideal Choice MasterCard Prepaid Card® Cardholder Agreement
Please read this Agreement carefully and retain a copy for your records.
The following terms and conditions govern your use of the Ideal Choice MasterCard Prepaid Card. By signing or using the Ideal Choice MasterCard Prepaid Card, you are agreeing to these terms and conditions and fees outlined herein.
Information disclosure summary* (see detailed conditions which follow):
Card Issuer: Your Ideal Choice MasterCard Prepaid Card is issued by Peoples Trust Company pursuant to license by MasterCard International Incorporated.
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/mastercard 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 will not be accepted for pay-at-the-pump transactions. Funds may not be available on your Card for the first twenty-four (24) hours after purchase. 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.

Limits

Maximum card balance

$200.00

Maximum daily spend at point-of-sale

$200.00

Maximum single spend at point-of-sale

$200.00

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 “Valid Thru” 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.

Fees

Activation fee

$25 card

$3.95

$50 card

$4.95

$100 card

$5.95

$200 card

$6.95

Foreign transaction fee

(Levied on total transaction amount)

2.5%

Monthly service fee

(Starting 12 months after activation)

$3.00

Replacement card fee

$9.95

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 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.
Personal Information:  By applying for a Card, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust and its service providers as described below. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use a Card.
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 Ideal Choice MasterCard Prepaid Card.

“Applicable  Law”  means the Trust and Loan Companies Act (Canada), the Personal Information  Protection and Electronic Documents Act (Canada), Canada’s Anti-Spam Legislation (CASL), the Act Respecting the Protection of Personal Information  in the Private Sector (Québec), the Consumer Protection Act (Québec), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), PCI DSS or any other statute,  regulation  or operating  rule of any Governmental  Authority  or any other regulatory authority that Peoples Trust Company and the Distributor are subject to, or any bylaw, operating rule or regulation of MasterCard.

“Balance” means the amount of the funds that are loaded onto the Card. “Card” means the Ideal Choice MasterCard Prepaid Card.

“Canada’s Anti-Spam Legislation (CASL)” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada), and its regulations, as may be amended from time to time.

“Card” means the Prepaid MasterCard.

“Cardholder” means the individual to whom the Card has been issued.

“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 Company.

“MasterCard” means MasterCard Incorporated and its successors and assigns.

“PCI DSS” means a multifaceted security standard defined by Payment Card Industry Security Standards Council and includes requirements for security management, policies, procedures, network architecture, software design and other critical protective measures.

“Person” means an association, a corporation, an individual, a partnership, a trust, an unincorporated organization or any other entity or organization.

“POS” means point of sale, where you can use the Card to purchase goods or services from a merchant.

“Transaction Amount” is the amount that is debited from the Balance in connection with the Cardholder’s use of the Card to purchase goods or services, which includes the amount of the Balance to be transferred, the Card service charges and the taxes imposed to complete the transaction.

“We”, “us”, “our”, and “Peoples Trust” mean Peoples Trust Company and Peoples Card Services LP.

“Website” means www.giftcardstore.ca/mastercard.

“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 Prepaid Card: Your Card is a prepaid MasterCard that can be used anywhere that MasterCard is accepted, including mail order, online, telephone and point of sale retail merchants, subject to the terms of this Agreement. The Card is owned by Peoples Trust, and will remain our property. The funds provided by you to load a Balance onto the Card and the Balance on the Card, are not a deposit, and  they do not establish a separate individual deposit account at Peoples Trust or any other Canadian financial institution. You will not receive interest on the Balance or on any funds you load onto the Card.
When you use the Card to make a purchase, the amount of the purchase, plus any applicable fees and taxes, will be deducted from the available Balance associated with your Card.
Acceptance: This Agreement constitutes a binding agreement between Peoples Trust and you with respect to the terms of use of the Card. By purchasing your Card you agree to be bound by and accept the terms and conditions set out herein.
Activating the Card: The Card cannot be used for any purpose 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.
Use and Ownership of the Card: 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 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.
The Card is owned by Peoples Trust and will remain our property.  You agree to return the Card to us, or as we direct, immediately upon our request. The Card is provided to you, the Cardholder, only. You may not sell or assign the Card to a third party. You must sign the back of the Card immediately upon receipt, and before making any 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 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 or as otherwise required by Applicable Law.
If you wish to make Internet, mail, or phone order purchases, you will need to go to the Website and register your postal code 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. The time it takes for a pre-authorization hold to be removed may vary depending on the type of merchant.  The hold is typically removed within fourteen (14) days for most standard merchants, and within forty-five (45) days for hotels, cruise lines and car rental agencies.  During the hold period, you will not have access to the pre-authorized amount.
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.
You should receive a paper record of each POS transaction for which you use the Card. It is your responsibility to obtain such record and ensure that it is accurate. Peoples Trust is not responsible for providing you with any transaction record or periodic statement. If you identify an error in any transaction record, you must address the error directly with the merchant.
Insufficient or Negative Balance, Inactivity, and Excess Credit: In the event that, due to a systems malfunction or for any reason whatsoever, you receive cash or credit in excess of what has been paid by you, we may correct such error when discovered and adjust the Balance available on the Card. You agree to reimburse us for any excess cash or credit received upon demand.
Transactions Made In Foreign Currencies: We convert transactions made in a foreign currency to Canadian dollars using a MasterCard 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 MasterCard conversion rate is the rate that we pay to MasterCard 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 MasterCard conversion rate used to convert your refund to Canadian dollars for your Card is the rate that we pay to MasterCard minus the foreign exchange service charge of 2.5%. Additionally, the rate that we pay to MasterCard may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to your Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to your Card for that transaction.
Expiry Date: The Card will be valid and usable until either the Balance is used or the expiration date of the Card, whichever occurs first. Your right to use the funds on your Card will never expire. Please review the ‘Fees’ table in the Information Disclosure Summary at the beginning of this Agreement for the Replacement Card fee.
Protection against Loss, Theft, or Unauthorized Use: If your Card is lost or stolen, you will be asked to provide us with the name on the Card and the Card number, and to answer an identifying question drawn from your personal information. If you lose the Card, someone might be able to use the Balance on the Card. Peoples Trust will refund any remaining Balance (less the card replacement fee) after we have processed all transactions completed before we had an opportunity to act on your information. Peoples Trust will have a customer service representative or automated voice response service available seven (7) days a week, twenty-four (24) hours a day that will allow immediate cancellation of the Card upon your request. We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen.
A replacement Card with any remaining Balance (less our fees as stated in the table marked ‘Fees’ in the Information Disclosure Summary at the beginning of this Agreement) will be issued within sixty (60) days after you report the Card lost or stolen to ensure that all transactions have been processed properly.  You agree, to the extent permitted by Applicable Law, to cooperate completely with us in our attempts to recover from unauthorized users and to assist in their prosecution.
Personal Information Consent: By applying for a Card, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust and its service providers for purposes relating to your application for a Card and your use of a Card (if issued to you) and as otherwise described below. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use a Card. As explained below, you may withdraw your consent at any time by cancelling your Card and all related services from Peoples Trust.
Peoples Trust and its service providers will collect information about you (e.g. your name, address, telephone number and date of birth) when you apply for a Card and, if a Card is issued to you, Peoples Trust and its service providers will collect information about you and your use of the Card and related services, including information about your Card transactions (e.g. the date, amount and place of each transaction) (all collectively “Cardholder Information”). Peoples Trust and its service providers will collect your Cardholder Information directly from you and from other sources, including the Distributor and third party providers of identity verification, demographic and fraud prevention services.
Peoples Trust will disclose your Cardholder Information to Peoples Trust’s service providers to assist Peoples Trust to provide services to you and to provide related services to Peoples Trust.
Peoples Trust and its service providers will use, disclose and retain your Cardholder Information to process your application for a Card (including to verify your identity) and, if a Card is issued to you, to provide you with services relating to your Card (including to administer your Card and to process your Card transactions), to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce Peoples Trusts’ legal rights and for other purposes required or permitted by Applicable Law.
Peoples Trust and its service providers may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). The personal information protection laws of those countries might be different from the laws of the jurisdiction in which you are located, and might permit courts, government, law enforcement and regulatory agencies and security authorities to access your Cardholder Information without notice.
Peoples Trust will use and rely on your Cardholder Information to issue and administer your Card and provide related services. Peoples Trust and its service providers will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform Peoples Trust (by contacting Customer Service at 1-866-466-8082) of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information.
Peoples Trust and its service providers may use your Cardholder Information (including your telephone and mobile phone numbers and your email addresses) to contact you, including by regular and electronic mail, telephone call (including by pre-recorded or artificial voice messages and automatic telephone dialling systems) and instant messaging, regarding your Card and related matters, regardless of whether you incur any long distance or usage charges as a result.
Peoples Trust and its service providers may monitor and record their communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes.
You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by contacting Customer Service (at 1-866-466-8082) and cancelling your Card and all related services from Peoples Trust. If you withdraw your consent, Peoples Trust will continue to collect, use, disclose and retain your Cardholder Information for as long as may be reasonably required to perform services relating to the cancellation of your Card, to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce Peoples Trusts’ legal rights and for other purposes required or permitted by Applicable Law.
In addition to the foregoing, if you consent to a Distributor or other third party collecting and using your personal information (including Cardholder Information) for their own purposes (not as a service provider to Peoples Trust), including to send marketing and promotional messages to you, then Peoples Trust will not have any control over, and will not be responsible or liable for, the collection, use, disclosure and retention of your personal information by the Distributor or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the Distributor or third party.
The restrictions and requirements described above do not apply to Cardholder Information that is aggregated or otherwise de-personalized and does not identify you.
Peoples Trust’s general personal information practices are described in Peoples Trust’s Privacy Policy, as amended from time to time (online: www.peoplestrust.com/legal/peoples-trust-privacy-policy/).
Amendments: Subject to the limitations of Applicable Law, Peoples Trust may from time to time amend any term or condition of this Agreement or add a new term or condition, including increasing or adding new fees (an “Amendment”). As required by Applicable Law, notice of any Amendments will be sent to you at the most recent mailing or email address that we have on record for you at least thirty (30) days in advance of the effective date of the Amendment. The notice will set out the amendment, the effective date of the amendment and your right to refuse the Amendment and rescind this Agreement without cost, penalty or cancellation indemnity by sending Peoples Trust a notice to that effect no later than thirty (30) days after the Amendment takes effect.  If you choose to rescind this Agreement the Cancellation section of this Agreement will apply. Notification of any Amendment will also be posted on the Website at least sixty (60) days in advance of the effective date of the Amendment. The change will take effect on the date indicated in the notice. You are responsible for informing us of any change in your mailing or email address and for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic mail.
You may notify Peoples Trust by delivering notice to the Distributor or sending notice to Peoples Trust at the Website (other than notification of a lost or stolen Card, which may only be done by telephone as set out above). Notice will be deemed to be received on the date of delivery of notice to Peoples Trust or the Distributor, as applicable, and the next business day after electronic mail.
Purchase Disputes and Refunds: If you believe a transaction on your Card account is incorrect, you must notify us of your dispute within sixty (60) days of the transaction date.  Following your notification, a form will need to be completed and faxed to the customer service team within ninety (90) days of the transaction date. You can obtain a dispute form by calling 1-866-466-8082 and following the prompts for lost or stolen cards. Please note that this form must be received within ninety (90) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction.
If you identify an error in any transaction record, you must address such error with the applicable merchant.  If there is any dispute in regard to purchases you make using the Card, you agree to settle such disputes with the merchant from whom the purchase was made. Please ask the merchant for any return policy that may apply to purchases made with the Card.  We are not responsible for any problems you may have with any goods or services that you purchase with your Card, whether with regard to quality, safety, legality, or any other aspect of your purchase.  If you are entitled to a refund for any reason for goods or services obtained 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.  If the Cardholder has a concern regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, the concern may be communicated at any time to the Financial Consumer Agency of Canada, either in person, by letter, by telephone, or through its website at:

Financial Consumer Agency of Canada
427 Laurier Avenue West, 6th Floor
Ottawa, ON, K1R 1B9
Telephone: 1-866-461-3222
www.fcac-acfc.gc.ca

Cancellation: You may at any time terminate this Agreement by calling 1-866-466-8082. We will cancel the Card and a cheque for any remaining Balance on your Card, less the Card Cancellation fee, will be mailed to you within forty-five (45) business days. Alternatively, you may surrender the Card to the Distributor and the Distributor shall reimburse you in cash any remaining Balance on your Card less any outstanding fees.
Peoples Trust may terminate this Agreement at any time, at which time you will immediately return the Card to us or as we direct. Peoples Trust or its Distributor shall reimburse you any remaining Balance on the Card less outstanding fees. Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.
No Warranty of Availability or Uninterrupted Use: From time to time Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information about the Balance on your Card. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
Limitation of Liability: Neither Peoples Trust nor the Distributor will be liable in any way for any dispute arising out of the purchase of merchandise or services using the Card or the failure of any retailer to honour the Card. Peoples Trust and the Distributor are not responsible for any failure to supply, lack of suitability or quality of any goods or services purchased from retailers through the use of the Card. Neither Peoples Trust nor the Distributor  will be liable for any action or failure to act of a retailer or a refusal by a retailer to honour the Card, whether or not such failure or refusal is as a result of any error or malfunction of equipment used to effect an authorization of the Card. Peoples Trust  will not be liable for any damage, loss or inconvenience you may incur if you are unable to use the Card as a result of any failure, error, malfunction or technical problem with, or at, our Distributors’, or with our, or our service providers’ systems or equipment.
Except in Québec, or as expressly required by this Agreement or Applicable Law, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of Governmental Authorities, national emergencies, insurrection, war, riots, failure of merchants to perform or provide services, failure of communication systems, or failures of or difficulties with our equipment or systems. 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.
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.
Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or agreements with respect to such subject matter.
Governing Law: 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.
Section Headings: Section headings in this Agreement are for convenience of 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 these terms and conditions, you may visit the Website, or call customer service at 1-866-466-8082, or write to Ideal Choice MasterCard Prepaid Card Customer Service; P.O. Box 48235 - 595 Burrard Street, Vancouver, BC V7X 1A1.

Effective: 31 July 2015


PREPAID MASTERCARD® CARD CARDHOLDER AGREEMENT

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 accepting, signing or using the prepaid MasterCard card, you are agreeing to these terms and conditions.

DEFINITIONS
The term "Card" refers to the prepaid MasterCard card issued by All Trans Financial Services Credit Union Ltd. ("All Trans")  The value of the funds that are loaded onto the Card and are available for spending is referred to herein as the "Balance."  "Cardholder" means an individual who activates, receives and/or uses the Card. ". "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 the Balance to be transferred and the fees imposed to complete the transaction.  All Trans is the issuer of the Card. "MasterCard" means MasterCard International and its successors and assigns. "We", "us," and "our" each mean All Trans.  "You", "your" and "yours" each mean the Cardholder.

IMPORTANT INFORMATION ABOUT THE CARD
The Card is a prepaid Card that can be used anywhere that MasterCard debit cards are accepted, including mail order, online and point of sale retail merchants, subject to the terms of this Agreement.  You may not use your Card to obtain cash from an Automated Teller Machine ("ATM"), Point-of-Sale ("POS") device, or by any other means.  You may not use your Card at an ATM. The MasterCard logo is featured on your Card and will be imprinted along with the issuer's name.  The Card is not a credit card or debit card and its usage will not improve your credit rating.  No interest, dividends, or other earnings will be paid on the Balance. Neither the Card nor the Balance is a deposit account with All Trans Financial Services Credit Union Ltd. or any other financial institution, and the Balance on your Card is not insured by the Canada Deposit Insurance Corporation (CDIC) or any other federal or provincial agency. The Card is not reloadable, returnable or refundable, and may not be cancelled by you. You shall have no right to write cheques on or demand repayment of the outstanding Balance, and your rights relating to the Card are strictly limited to the right to use the Card in accordance with this Agreement as payment for goods and services from merchants who accept MasterCard debit cards.

OWNERSHIP OF THE CARD
The Card is and will remain the property of All Trans.  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.

ACTIVATING THE CARD
The Card has no value until it is activated by the cashier at the time of purchase. We recommend that you write down the Card number and the customer service number on a separate piece of paper in case the Card is lost or stolen.

USE OF THE CARD
You may use the Card to make purchases with the Card up to the Balance in accordance with this Agreement, subject to any fees or other charges described in this Agreement. The Card may not be used for gambling or for any illegal transactions or purposes.  You will not receive a personal identification number (PIN) for your Card.  You may not request an additional Card for another person.  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 may wish to retain the receipt as a record of the transaction. As you use the Card, the Balance will be reduced by the full amount of each purchase including applicable taxes, charges and other fees, if any. The Card can be used to pay the full amount of the purchase and applicable taxes, charges and other fees so long as the Balance remaining on the Card is sufficient. 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 do not allow cardholders to conduct split transactions (where you use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender).  If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available in the Card Account to 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.

When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value.  When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your available Balance for the amount indicated by the merchant. Some merchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction (such as an estimated tip). If the amount of the authorization request exceeds your Balance, the transaction may be declined. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an "authorization" or a "hold" on your available Balance for up to 90 days.  Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We will only reduce your Balance for the correct amount of the final transaction, but we will only release any excess amount when the transaction finally settles.  Please note that we may not manually release authorizations without a certified letter or fax from the merchant.  In addition, if you commence a purchase and the merchant obtains an authorization, and then you cancel the purchase without completing it, the authorization may still result in a temporary hold for that amount of funds for 10 days, or longer in some cases.

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. 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 BALANCES
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 your Card to obtain the current Balance amount. You may also request information about previous transactions by calling Customer Service or visiting www.giftcardstore.ca/mastercard. Your Balance will reflect all transactions that have been posted to our system. To reach Customer Service, call toll free 1-866-466-8082 or the number on the back of your Card.  If you have a question or a problem about a posted transaction (for example, a transaction that appears to be a duplicate transaction) you must notify us immediately and no later than sixty (60) days from the date of the transaction or you will be deemed to have accepted such posted transaction. You must tell us your Card number, the date and dollar amount of the error, and explain as clearly as possible why 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 of our request. We will investigate and 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 to cover the full Transaction Amount, the transaction in most instances will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the Card, creating a negative amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Balance.

TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a transaction in a foreign currency, the transaction will be converted by MasterCard into a Canadian dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed. 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. A Foreign Transaction Fee of 2.5% of the amount of the transaction will be charged (see "Fees" below).

REPLACING YOUR CARD
If you need to replace your Card for any reason, please contact us at 1-866-466-8082 to request a replacement Card.  You will be required to provide personal information, which may include your Card number, full name, transaction history, and other relevant information.

EXPIRY DATE
Please note that the Card has an "expiry date" imprinted on the face of the Card.  The Card may not be used after the expiry date.  Cards may be replaced on and following the expiry date indicated on the face of the Card at no cost to the Cardholder and without reducing the Balance by following the procedures set forth under "Replacing your Card" above.

FEES
We encourage you to use your Card soon! Except where prohibited by law, a monthly Service Fee of $2.50 per month will be applied against the Balance of the Card beginning in the twelfth (12th) month from the date the Card was purchased. The Service Fee will not be charged once the balance on the Card reaches $0.00. If you have any questions about the monthly Service Fee, please call Customer Service at 1-866-466-8082.

Fee

Amount

Activation Fee

 

$3.95-$6.95 depending on card purchased

Monthly Service Fee

$2.50 per month, beginning in the twelfth month after the Card is purchased.

Foreign Transaction Fee

2.5% of the amount of the foreign transaction

Lost/Stolen Card Replacement Fee

 

$9.95

 

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 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 agree to notify us IMMEDIATELY by calling Customer Service at 1-866-466-8082. All transactions carried out prior to such notification shall be deemed to have been authorized by you. 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 deactivate the Card and make such Balance amounts available to you on a re-issued Card. A $9.95 fee will apply to cover printing, shipping and handling a re-issued card to replace your lost, stolen or deactivated card. It may take up to 30 days to process your re-issue request. The Card may be deactivated at any time if fraud is suspected. 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.

NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE
From time to time Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information about the Balance on your Card. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.

CHANGE OF TERMS
We will not increase any fees associated with your Card or impose any fees other than those listed above.  Otherwise, 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 and will notify you of such changed or new terms by posting the then current terms of this Agreement on our website at www.giftcardstore.ca/mastercard.  As of the effective date included in any notice posted on our website, 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 changed or new terms 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. 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, 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 the purchase 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 or services 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 Agreement will ensure to our benefit and the benefit of our successors and assigns and remains binding on you and your executors, administrators, successors, representatives and permitted assigns, as applicable. In the event we 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 that you have, had or may have against any third party for an amount equal to the amount we have credited to your Card or paid to you. 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 waive our right 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 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.

LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE 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 HONOR THE CARD, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES. IN NO EVENT 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.

GOVERNING LAW
The parties attorn to the jurisdiction of Ontario and this Agreement shall be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

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 convenience of 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.

WEBSITE AND AVAILABILITY
Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, 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 natures, labor disputes and armed 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 interfere with 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 or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.

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 Ideal Choice prepaid MasterCard Customer Service; 707 - 3250 Bloor Street West, Etobicoke, Ontario M8X 2X9



NON-RELOADABLE CARDHOLDER AGREEMENT

PREPAID MASTERCARD® CARD CARDHOLDER AGREEMENT

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 accepting, signing or using the prepaid MasterCard card, you are agreeing to these terms and conditions.

DEFINITIONS
The term "Card" refers to the prepaid MasterCard card issued by All Trans Financial Services Credit Union Ltd. ("All Trans")  The value of the funds that are loaded onto the Card and are available for spending is referred to herein as the "Balance."  "Cardholder" means an individual who activates, receives and/or uses the Card. ". "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 the Balance to be transferred and the fees imposed to complete the transaction.  All Trans is the issuer of the Card. "MasterCard" means MasterCard International and its successors and assigns. "We", "us," and "our" each mean All Trans.  "You", "your" and "yours" each mean the Cardholder.

IMPORTANT INFORMATION ABOUT THE CARD
The Card is a prepaid Card that can be used anywhere that MasterCard debit cards are accepted, including mail order, online and point of sale retail merchants, subject to the terms of this Agreement.  You may not use your Card to obtain cash from an Automated Teller Machine ("ATM"), Point-of-Sale ("POS") device, or by any other means.  You may not use your Card at an ATM. The MasterCard logo is featured on your Card and will be imprinted along with the issuer's name.  The Card is not a credit card or debit card and its usage will not improve your credit rating.  No interest, dividends, or other earnings will be paid on the Balance. Neither the Card nor the Balance is a deposit account with All Trans Financial Services Credit Union Ltd. or any other financial institution, and the Balance on your Card is not insured by the Canada Deposit Insurance Corporation (CDIC) or any other federal or provincial agency. The Card is not reloadable, returnable or refundable, and may not be cancelled by you. You shall have no right to write cheques on or demand repayment of the outstanding Balance, and your rights relating to the Card are strictly limited to the right to use the Card in accordance with this Agreement as payment for goods and services from merchants who accept MasterCard debit cards.

OWNERSHIP OF THE CARD
The Card is and will remain the property of All Trans.  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.

ACTIVATING THE CARD
The Card has no value until it is activated by the cashier at the time of purchase. We recommend that you write down the Card number and the customer service number on a separate piece of paper in case the Card is lost or stolen.

USE OF THE CARD
You may use the Card to make purchases with the Card up to the Balance in accordance with this Agreement, subject to any fees or other charges described in this Agreement. The Card may not be used for gambling or for any illegal transactions or purposes.  You will not receive a personal identification number (PIN) for your Card.  You may not request an additional Card for another person.  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 may wish to retain the receipt as a record of the transaction. As you use the Card, the Balance will be reduced by the full amount of each purchase including applicable taxes, charges and other fees, if any. The Card can be used to pay the full amount of the purchase and applicable taxes, charges and other fees so long as the Balance remaining on the Card is sufficient. 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 do not allow cardholders to conduct split transactions (where you use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender).  If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available in the Card Account to 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.

When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value.  When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your available Balance for the amount indicated by the merchant. Some merchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction (such as an estimated tip). If the amount of the authorization request exceeds your Balance, the transaction may be declined. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an "authorization" or a "hold" on your available Balance for up to 90 days.  Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We will only reduce your Balance for the correct amount of the final transaction, but we will only release any excess amount when the transaction finally settles.  Please note that we may not manually release authorizations without a certified letter or fax from the merchant.  In addition, if you commence a purchase and the merchant obtains an authorization, and then you cancel the purchase without completing it, the authorization may still result in a temporary hold for that amount of funds for 10 days, or longer in some cases.

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. 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 BALANCES
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 your Card to obtain the current Balance amount. You may also request information about previous transactions by calling Customer Service or visiting www.giftcardstore.ca/mastercard. Your Balance will reflect all transactions that have been posted to our system. To reach Customer Service, call toll free 1-866-466-8082 or the number on the back of your Card.  If you have a question or a problem about a posted transaction (for example, a transaction that appears to be a duplicate transaction) you must notify us immediately and no later than sixty (60) days from the date of the transaction or you will be deemed to have accepted such posted transaction. You must tell us your Card number, the date and dollar amount of the error, and explain as clearly as possible why 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 of our request. We will investigate and 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 to cover the full Transaction Amount, the transaction in most instances will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the Card, creating a negative amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Balance.

TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a transaction in a foreign currency, the transaction will be converted by MasterCard into a Canadian dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed. 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. A Foreign Transaction Fee of 2.5% of the amount of the transaction will be charged (see "Fees" below).

REPLACING YOUR CARD
If you need to replace your Card for any reason, please contact us at 1-866-466-8082 to request a replacement Card.  You will be required to provide personal information, which may include your Card number, full name, transaction history, and other relevant information.

EXPIRY DATE
Please note that the Card has an "expiry date" imprinted on the face of the Card.  The Card may not be used after the expiry date.  Cards may be replaced on and following the expiry date indicated on the face of the Card at no cost to the Cardholder and without reducing the Balance by following the procedures set forth under "Replacing your Card" above.

FEES
We encourage you to use your Card soon!

Fee

Amount

Activation Fee

 

$3.95-$6.95 depending on card purchased

Foreign Transaction Fee

2.5% of the amount of the foreign transaction

Lost/Stolen Card Replacement Fee

$9.95

 

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 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 agree to notify us IMMEDIATELY by calling Customer Service at 1-866-466-8082. All transactions carried out prior to such notification shall be deemed to have been authorized by you. 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 deactivate the Card and make such Balance amounts available to you on a re-issued Card. A $9.95 fee will apply to cover printing, shipping and handling a re-issued card to replace your lost, stolen or deactivated card. It may take up to 30 days to process your re-issue request. The Card may be deactivated at any time if fraud is suspected. 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.

NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE
From time to time Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information about the Balance on your Card. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.

CHANGE OF TERMS
We will not increase any fees associated with your Card or impose any fees other than those listed above.  Otherwise, 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 and will notify you of such changed or new terms by posting the then current terms of this Agreement on our website at www.giftcardstore.ca/mastercard.  As of the effective date included in any notice posted on our website, 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 changed or new terms 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. 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, 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 the purchase 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 or services 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 Agreement will ensure to our benefit and the benefit of our successors and assigns and remains binding on you and your executors, administrators, successors, representatives and permitted assigns, as applicable. In the event we 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 that you have, had or may have against any third party for an amount equal to the amount we have credited to your Card or paid to you. 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 waive our right 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 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.

LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE 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 HONOR THE CARD, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES. IN NO EVENT 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.

GOVERNING LAW
The parties attorn to the jurisdiction of Ontario and this Agreement shall be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

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 convenience of 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.

WEBSITE AND AVAILABILITY
Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, 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 natures, labor disputes and armed 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 interfere with 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 or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.

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 Ideal Choice prepaid MasterCard Customer Service; 707 - 3250 Bloor Street West, Etobicoke, Ontario M8X 2X9


The Perfect Gift™ Prepaid Mastercard® 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 Prepaid Mastercard. By signing or using The Perfect Gift Prepaid Mastercard, you are agreeing to these terms and conditions and fees outlined herein.

 

Information disclosure summary*:

Card Issuer: Your The Perfect Gift Prepaid Mastercard is issued by Peoples Trust Company pursuant to licence by Mastercard International Incorporated.

 

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/mastercard 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 preauthorized 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

Monthly maintenance fee

Starts 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 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 Prepaid Mastercard.
“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 by law, operating rule or regulation of Mastercard.
“Balance” means the amount of the funds that are loaded onto the Card.
“Card” means The Perfect Gift Prepaid Mastercard.
“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.
“Mastercard” means Mastercard International Incorporated and its successors and assigns.
“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.
“We”, “us”, and “our” mean Peoples Trust and Peoples Card Services LP..
“Website” means www.giftcardstore.ca/mastercard.
“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 Mastercard card that can be used anywhere that Mastercard 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 Mastercard.

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 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 Mastercard 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 Mastercard conversion rate is the rate that we pay to Mastercard 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 Mastercard conversion rate used to convert your refund to Canadian dollars for your Card is the rate that we pay to Mastercard minus the foreign exchange service charge of 2.5%. Additionally, the rate that we pay to Mastercard may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to your Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to 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 there is any dispute in regard to purchases you make using the Card, you agree to settle such disputes with the merchant from whom the purchase was made. Please ask the merchant for any return policy that may apply to purchases made with the Card. We are not responsible for any problems 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 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 you have a complaint or inquiry about any aspect of your Card Balance, 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 do so 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: TThe 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 Prepaid Mastercard Customer Service; 1400 – 888 Dunsmuir Street, Vancouver, BC V6C 3K4 Effective: December 2016 “Mastercard” is a registered trademark and the circles design is a trademark of Mastercard International Incorporated.


The Ideal Choice Prepaid MasterCard® Cardholder Agreement

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

The following terms and conditions govern your use of The Ideal Choice Prepaid MasterCard. By signing or using The Ideal Choice Prepaid MasterCard, you are agreeing to these terms and conditions and fees outlined herein.

 

Information disclosure summary* (detailed terms and conditions will follow):

Card Issuer: Your The Ideal Choice Prepaid MasterCard is issued by Peoples Trust Company under licence from MasterCard International Incorporated.

 

Card Information and Balance: For up-to-date 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/mastercard 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, related to your Card or use of your Card, is suspected. In addition, the funds on your Card may not be available for use for the first twenty-four (24) hours after purchase. 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.

Limits

Maximum card balance

$100.00

Maximum daily spend at point-of-sale

$100.00

Maximum single spend at point-of-sale

$100.00

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.

Fees**

Activation Fee

$25 Card

$3.95

$50 Card

$4.95

$100 Card

$5.95

Foreign exchange fee

2.5 % of total transaction amount

** 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 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.

Detailed Terms and Conditions
Definitions:

“Agreement” means this Ideal Choice Prepaid MasterCard Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein, which govern your use of The Ideal Choice Prepaid MasterCard.
“Applicable Law” means the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), Payment Card Insurance Data Security Standards (PCI DSS) 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 MasterCard.
“Balance” means the amount of the funds that are loaded onto the Card.
“Card” means The Ideal Choice Prepaid MasterCard.
“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.
“MasterCard” means MasterCard Incorporated and its successors and assigns.
“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.
“We”, “us”, and “our” mean Peoples Trust and Peoples Card Services LP.
“Website” means www.giftcardstore.ca/mastercard.
“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 MasterCard card that can be used anywhere that MasterCard 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 MasterCard.

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 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-notpresent 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 MasterCard 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 MasterCard conversion rate is the rate that we pay to MasterCard 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 MasterCard conversion rate used to convert your refund to Canadian dollars for your Card is the rate that we pay to MasterCard minus the foreign exchange service charge of 2.5%.
Additionally, the rate that we pay to MasterCard may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to your Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to 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.

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 there is any dispute in regard to purchases you make using the Card, you agree to settle such disputes with the merchant from whom the purchase was made. Please ask the merchant for any return policy that may apply to purchases made with the Card. We are not responsible for any problems 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 or services obtained with the Card, you agree to accept credits to the Balance on your Card in place of cash. If you have a complaint or inquiry about any aspect of your Card Balance, please call our complaint officer at 1-855-694-6214. We will do our best to resolve your complaint or inquiry. If for some reason Peoples Trust is unable to do so 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/resolvingyour-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 maintain 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 convenience of 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 Ideal Choice Prepaid MasterCard Customer Service; 1400 – 888 Dunsmuir Street, Vancouver, BC V6C 3K4
Effective: June 2016
“MasterCard” is a registered trademark of MasterCard International Incorporated.