The Perfect GiftTM Incentive/Reward Prepaid Visa* Cardholder Agreement

The following terms and conditions apply to your use of The Perfect GiftTM Incentive/Reward Prepaid Visa Card. By accepting, signing, registering and/or using The Perfect GiftTM Incentive/Reward Prepaid Visa Card, you are agreeing to these terms and conditions and the fees outlined below.

Information Disclosure Summary(detailed terms and conditions will follow):

Card Issuer: Your The Perfect GiftTM Incentive/Reward Prepaid Visa Card is issued by Peoples Trust Company pursuant to licence by Visa Int.

Card Information and Balance:For up-to-date Card terms and conditions, to obtain the expiry date of your Card, if you have questions regarding the Card Balance, or to log a complaint, go online at cardholder.incentivecardstore.ca or call our 24/7 toll-free customer service number at 1-877-373-6726.

Card Restrictions:

  • Your Card has been provided to you as part of a loyalty, award or other promotional program.
  • You are not permitted to resell this Card.
  • Your Card is not returnable or refundable.
  • Your Card is not reloadable
  • You cannot make cash withdrawals with this Card.
  • You may not make pre-authorized regular payments through your Card.
  • The Card may not be cancelled by you unless otherwise directed in this Agreement or by Applicable Law.
  • 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 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 date such change is to come into effect. The change will take effect on the date indicated in the notice.

Limits**
 Maximum Card Balance   CAD $200.00  
 Maximum daily spend at point-of-sale       CAD $200.00  
 Maximum single spend at point-of-sale    CAD $200.00  

** Subject to change. See the Detailed Terms and Conditions, Notification and Change of Terms section, for details.
PLEASE NOTE: Your Card may be deactivated at any time if fraud related to your Card or your use of your Card is suspected.

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, 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 fees charged under this Agreement.

Fees
 Monthly maintenance fee***   CAD $4.95  
 Lost, stolen, or replacement Cards   CAD $5.00
 Foreign exchange fee 2.5% of total transaction amount  

*** Starts 6 months after the card is activated, which occurs at the point of sale when the card is purchased.

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

Lost or Stolen Cards:You must take all reasonable steps to protect your Card against loss, theft or unauthorized use. If your Card has been lost or stolen, or if you have reason to believe that someone has made an unauthorized transaction with your Card, or may attempt to use your Card without your permission, you must notify us IMMEDIATELY by calling at 1-877-373-6726. All transactions carried out on your Card before you notify us will be considered to have been made 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, which is where you use the Card as partial payment for goods and services and 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 do not have to and may not agree to accept split tender transactions.

Personal Information: By accepting and/or using the 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 accept or use the Card.

Detailed Terms and Conditions

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 GiftTM Incentive/Reward Prepaid Visa Card."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), or any other statute, regulation or operating rule of any governmental authority or any other regulatory authority that Peoples Trust Company and the Program Sponsor are subject to, or any bylaw, operating rule or regulation of Visa. "Balance" means the amount of the funds that are loaded onto the Card. "Card" means The Perfect GiftTM Incentive/Reward Prepaid Visa Card received, accepted, registered or used by the Cardholder. "Cardholder" means you or any other individual who receives, accepts, registers and/or uses the Card. "Program Sponsor" means the business or organization that has provided the Card to you as part of such Program Sponsor’s loyalty, award or promotion program. "Transaction Amount" means the amount that is debited from the Balance in connection with your use of the Card."Visa" means Visa Int. and its successors and assigns. "we", "us", "our", "issuer", and "Peoples Trust" each mean Peoples Trust Company and our successors, subsidiaries, affiliates or assignees. "Website" means cardholder.incentivecardstore.ca. "you", "your", and "yours" each mean the Cardholder or person or persons who receive(s), accept(s), register(s), and/or use(s) the Card.

The CardThe Card is a prepaid, stored-value Visa card that can be used anywhere that Visa is accepted, including mail order, online and point of sale retail merchants, subject to the terms of this Agreement. The Card can be used to pay the full amount of the purchase and applicable taxes, so long as the Balance remaining on the Card is sufficient. The Card is, and will remain, the property of Peoples Trust. The Card is not a credit card, charge card, or debit card and its usage will not enhance nor improve your credit rating. No interest dividends or other earnings or returns will be paid on the Card. Neither the Card nor the Balance is a deposit account. You have no right to write cheques on, or demand repayment of, the outstanding Balance on the Card, but are strictly limited to the right to use the Card in accordance with this Agreement as payment for goods and services from merchants who accept Visa.

AcceptanceThis Agreement constitutes a binding agreement between you and Peoples Trust with respect to the terms of use of the Card.

Use and Ownership of the CardYou are solely and completely responsible for the possession, use and control of the Card. You must surrender the Card to us immediately upon request by us. 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.If you wish to make Internet, mail, or phone order purchases, you will need to go to the Website and register (by providing your name, postal code, and/or card number) your Card prior to performing the Internet, mail, or phone order transaction. If you use your Card for card-not-present transactions (for example transactions performed by Internet, mail or phone), 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 that 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 additional amount.A preauthorization will place a "hold" on the 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.

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 1-877-373-6726 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 CurrenciesWe convert transactions made in a foreign currency to Canadian dollars using the Visa conversion rate, plus the foreign exchange service charge, in effect on the day the transaction is posted to your Card. The Visa conversion rate in effect on the posting date may differ from the rate in effect on the date of the transaction. However, if a foreign currency transaction is refunded to your Card, the Visa conversion rate used to convert your refund to Canadian dollars for your Card is the rate that we pay to Visa minus the foreign exchange service charge. Additionally, the rate that we pay to Visa may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to your Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to your Card for that transaction.

Expiry DatePlease note that there is a ‘Valid Thru’ 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. You may contact customer service at 1-877-373-6726 to request a replacement Card. Starting in the sixth (6) month after the Card is activated (which occurred at the point of sale when the Card was purchased), if there is a Balance on the Card, we will deduct a monthly maintenance fee of CAD $4.95 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 CAD $0.00.

Protection against Loss, Theft, or Unauthorized UseIf 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 Applicable 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 TermsSubject 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 RefundsIf you believe a transaction on your Card 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 within ninety (90) days of the transaction date. You can obtain a dispute form at cardholder.incentivecardstore.ca. Please note that this form must be received within ninety (90) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction.

If there is any dispute in regard to the purchase of goods or services you made using the Card, 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.

ArbitrationSubject to all other terms of this Agreement, and to the extent not prohibited by Applicable Law, you agree that any claim of any kind against Peoples Trust, the Program Manager, the Program Sponsor or Visa arising from or related to this Agreement or the use of the Card (i) shall be resolved by final and binding arbitration before a single arbitrator at Vancouver, British Columbia and (ii) shall not be brought through class or individual litigation proceedings. If such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.

ComplaintsIf 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 1-877-373-6726. 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 or submit your complaint or inquiry through the form found on our website (http://forms.peoplestrust.com/contact/contact.html). We will do our best to resolve your complaint or inquiry. If for some reason we are unable to resolve the issue to your satisfaction, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If the Cardholder has a concern regarding the 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:

Personal Information ConsentBy receiving, accepting, registering and/or using the 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 use of a Card (if issued to you) and as otherwise described below. The collection of that information is necessary for the entering into and performance of this Agreement. Therefore, if you do not consent to the collection, use, disclosure and retention of your personal information, you may 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. The restrictions and requirements described herein do not apply to information that is aggregated or otherwise de-personalized and does not identify you.

Collecting Your Personal InformationIf a Card is issued to or registered by you, Peoples Trust and its service providers will use, disclose and retain your Cardholder Information 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 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 maintains physical, electronic and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information. 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 Canada, and might permit courts, government, law enforcement and regulatory agencies and security authorities to access your Cardholder Information without notice. The laws on data protection in other jurisdictions, to which we may transfer your information, may differ from those in your jurisdiction and any personal information transferred to another jurisdiction will be subject to law enforcement and national security authorities in that jurisdiction. Subject to these laws, 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 to the United States) of such personal information to third parties for the purpose set out above.

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 1-877-373-6726) of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information. You may communicate with us through our customer service number or the Website with regards to requests to access information related to you that we have obtained. If such information is obtained from providers of identity verification data and demographic information, we will inform you of your right of access and rectification in relation to the file held by the personal information agent and will indicate to you the manner in which and the place where you may have access to the reports or recommendations and cause them to be rectified, where necessary.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 dialing systems) and instant messaging, regarding your Card and related matters, regardless of whether you incur any long distance or usage charges as a result.

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.

Other Uses of Your Personal InformationIn addition to the foregoing, if you consent to a Program Sponsor or other third party collecting and using your personal information (including Cardholder Information) for their own purposes (not as 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 Program Sponsor or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the Program Sponsor or third party.

Your Right to Access Your Personal InformationYou may obtain access to the Cardholder Information Peoples Trust holds about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by law. To request access to such information, to ask questions about Peoples Trust’s privacy policies or to withdraw your consent to the collection, use and disclosure of your Cardholder Information and to cancel your Card and all related services from Peoples Trust, contact Customer Service at 1-877-373-6726. 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.

Peoples Trust’s general personal information practices are described in Peoples Trust’s Privacy Policy, as amended from time to time, and are available at http://www.peoplestrust.com/legal/privacy-security/privacy/.

AssignmentAt our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. If we do make such an assignment, then this Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns.

Third Party ClaimsIn the event we reimburse you for a refund claim you have made, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Card. You agree that you will not pursue any claim against or reimbursement from such third party for the amount that we paid or credited to your Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited to you. If we do not exercise our rights under this section, we do not give up our rights to exercise them in the future.

Disclaimer of WarrantiesExcept 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 LiabilityExcept 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. Also 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 you will 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 AvailabilityAlthough considerable effort is made to ensure the Website and other operational and communications channels are available around the clock, we do not warrant these channels to be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance or Website changes or failures, nor will we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labour disputes or armed conflicts. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment.

You agree to act responsibly with regard to the Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.

Governing LawThe parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and Canada applicable therein.

Entire AgreementThis 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 HeadingsSection headings in this Agreement are for convenience of reference only, and will not govern the interpretation of any provision of this Agreement.

SeverabilityIf any of the terms of this Agreement are invalid, changed by Applicable Law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid terms had not been included in this Agreement.

Contact InformationIf you have questions regarding the Card or these terms and conditions, or you have any complaints, you may call customer service at 1-877-373-6726 or write to: The Perfect GiftTM Incentive/Reward Prepaid Visa Card Customer Service, 10615 Professional Circle Ste. 102 Reno, NV 89521
Effective: October 1st, 2016
*Trademark of Visa Int., used under licence.