Cardholder Agreements - Visa® Prepaid Card (2024)

CARDHOLDER AGREEMENT
Citizens Bank Visa Prepaid Card

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

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

(i) its office at:

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

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

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

Citizens Bank Visa Prepaid Card

May 2014 Update

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

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

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

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

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

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

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

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

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

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

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

Monthly Maintenance Fee:$2.50 per month (or the remaining balance on the Card, if less than $2,50), beginning12 months after the date the Card is purchased or in the month after the Good ThruDate, whichever is later

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Financial Consumer Agency of Canada

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

(i) its office at:

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

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

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

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

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

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

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

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

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

5. Ownership of the Card.

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

6. Activation.

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

7. Use of the Card.

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

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

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

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

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

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

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

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

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

8. Your Balance.

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

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

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

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

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

9. Card Security.

9.1 You must ensure you keep the Card secure by:

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

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

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

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

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

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

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

11. Registration and Replacement of Cards.

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

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

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

12. Privacy.

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

13. Ending of this Agreement.

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

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

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

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

(e) we believe the Card is counterfeit.

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

14. Changes to this Agreement.

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

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

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

15. Our Liability to You.

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

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

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

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

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

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

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

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

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

16. Transferring our Rights.

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

17. Law and Jurisdiction.

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

18. In Quebec.

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

19. Disclaimer.

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

20. Contact Us.

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

Financial Consumer Agency of Canada

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