Terms & Conditions

Definitions:

‘Agreement’ means this Canada Post Non-Reloadable Prepaid Visa Card Cardholder Agreement between PTC and the Cardholder and all documents that are expressly referred to herein, which govern your use of the Card. ‘Amendment’ refers to any change to a term or condition of this Agreement or to the addition of a new term or condition. ‘Applicable Law’ means in relation to any person, property, transaction or event, all applicable provisions of: (a) statutes, laws (including the common law), rules, regulations, decrees, ordinances, codes, proclamations, treaties, declarations or orders of any Governmental Authority; (b) any consents or approvals of any Governmental Authority; (c) any orders, decisions, advisory or interpretative opinions, injunctions, judgments, awards, decrees of, or agreements with, any Governmental Authority; and (d) any bylaw, operating rule or regulation of Visa, in each case applicable to or binding upon such person, property, transaction or event.. ‘Balance’ means the total amount of available funds on the Card. ‘Card’ means the Canada Post Non-Reloadable Prepaid Visa Card. ‘Cardholder’ means you or any other person who has purchased, received, activated or used the Card. ‘Distributor’ means each distribution agent and/or retail outlet which offers the Cards for sale to consumers. A Distributor is not an agent, mandatary or representative of PTC. ‘Foreign Exchange Charge’ means the foreign exchange service charge of 2,5% charged to you for each foreign currency transaction. ‘Governmental Authority’ means the government of Canada or of any other nation, or of any political subdivision thereof, whether state, provincial, territorial or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government, including any supra-national bodies, a Minister of the Crown, the Office the Superintendent of Financial Institutions or other comparable authority or agency. ‘PTC’ means Peoples Trust Company and its affiliates, successors, and assigns. ‘Transaction Amount’ is the amount that is debited from the Balance in connection with your 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. ‘Visa’ means Visa International Incorporated, and its successors and assigns. ‘Visa Conversion Rate’ means the rate that we pay to Visa to convert foreign currency to Canadian currency plus the Foreign Exchange Charge. ‘we’, ‘us’, and ‘our’ mean PTC, and our assignees. ‘Website’ means www.slpcard.ca. ‘you’, ‘your’, and ‘yours’ each mean the Cardholder.

Acceptance:

This Agreement constitutes a binding agreement between you and us with respect to the terms of use of the Card.

Activating the Card:

The Card has no value until it is activated by the cashier at the time of purchase. 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 found at the beginning of this Agreement.

The Card:

The Card is a Visa prepaid 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 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.

Ownership and Use of the Card:

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. 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, our property; resale of the card is not permitted. 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. 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. 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. 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. 

You are solely and completely responsible for the possession, use and control of the Card.You must surrender the Card to us immediately upon our request. 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. You should retain the receipt as a record of the transaction. You agree that, if a merchant requires that you sign a sales draft, we are not required to verify the signature on any receipt prepared in connection with a transaction on your Card and we may authorize and process a transaction even if the signature on the receipt 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 any features or services of the Card at any time, with or without cause, with 30 days’ notice to you or otherwise required by Applicable Law.

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 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 8 days for the pre-authorization hold to be removed, and timing may vary depending on the type of merchant. During the hold period, you will not have access to the pre-authorized amount. 

Information about Balance:

You are responsible for ensuring that there is sufficient Balance to cover transactions plus any pre-authorized amounts. To obtain the current Balance amount, or the transaction history, call customer service toll-free at 1-888-483-0653 or visit the Website. The 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 the Visa Conversion Rate in effect on the day the transaction is posted to the 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 the Card, the Visa Conversion Rate used to convert your refund to Canadian dollars for the Card is the rate that we pay to Visa minus the Foreign Exchange 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 the Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to the Card for that transaction.

Protection against Loss, Theft, or Unauthorized Use:

You can only request for a replacement Card in the case of loss, theft, or unauthorized use if you have registered your Card on the Website.If your Card is lost or stolen, immediately call customer service at 1-888-483-0653 and provide us with your name, the Card number, the expiry date, and the original Card value and transaction history. If your Card is registered, also immediately lock your Card to prevent unauthorized use through your online account. We cannot re-issue a Card if you do not have your registered Card number. We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen. If you lose the Card, someone might be able to use the Balance on the Card. If our records show that a Balance still remains on the registered Card, we will cancel the registered Card and make such Balance amounts (less the Card replacement fee) available to you on a re-issued Card within sixty (60) days after you report the registered Card lost or stolen. You agree to cooperate completely with us in our attempts to recover from unauthorized users and to assist in their prosecution.

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 the 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 to this Agreement, you agree to immediately stop using the Card and notify us 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.

Cancellation:

You may at any time terminate this Agreement by calling 1-888-483-0653. We may terminate this Agreement at any time, with or without cause. Upon Agreement cancellation, your Card will also be cancelled, and you should destroy it immediately. Once the Card is cancelled, a cheque for any remaining Balance, less any outstanding fees and preauthorized amounts, will be mailed to you within forty-five (45) business days from the cancellation date. Despite any termination of this Agreement, you must fulfil your obligations under this Agreement.

Purchase Disputes and Refunds:

If you believe a transaction on your Card account is incorrect, you must notify us in writing of your dispute within 90 days of the transaction date. Following your notification, you will need to complete a dispute form and email the form to the customer service team within 90 days of the transaction date, or you will have been deemed to have accepted such transaction. You can obtain the dispute form by calling 1-888-483-0653 and following the prompts for lost or stolen cards. If you identify an error in any transaction record, you must address such error with the applicable merchant. We are not responsible for the delivery, quality, safety, legality or any other aspect of any goods or services you purchase with your Card. 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 any such goods or services were purchased. Please ask the merchant for any return policy that may apply to purchases made with the Card. 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.

Arbitration (not applicable to residents of Quebec): To the extent permitted by Applicable Law, you agree that any claim or dispute arising out of or relating to this Agreement (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.

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 1-888-483-0653. If customer service is unable to resolve the complaint or inquiry to your satisfaction, please call us at 1-855-694-6214 or submit your complaint or inquiry through the form found on the Website (http://www.peoplestrust.com/en/about-us/contact/). 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 complaint to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If you have 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: 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.

Our complaints policy can be found online at: http://www.peoplestrust.com/en/about-us/resolving-your-concerns/.

Personal Information Consent:

By applying, accepting and/or being granted a Card, you consent to the collection, use, disclosure and retention of your personal information by us and our 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. 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 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 us. 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 Information:

We and our 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, we and our 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”). We and our service providers will collect your Cardholder Information directly from you and from other sources, including the Program Sponsor and third party providers of identity verification, demographic and fraud/money laundering prevention services.

Safeguarding Your Personal Information:

We protect personal information in our possession or control from loss, theft, alteration and misuse. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. Although technologies can make it easier for fraud to occur, we employ around the clock monitoring systems and controls to detect and prevent fraudulent activity. We also build fraud prevention measures into our due diligence processes and regularly update our fraud detection/prevention methods. While we take precautions to protect your personal information from loss, theft, alteration, or misuse, no system or security measure is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate measures to protect your personal information as well.

We maintain physical, electronic and procedural security measures that comply with Applicable Law to safeguard Cardholder Information.

Using Your Personal Information: We and our 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/money laundering and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law. We will disclose your Cardholder Information to our service providers to assist us to provide services to you and to provide related services to us.

We and our 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. 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, we 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.

We will use and rely on your Cardholder Information to issue and administer your Card and provide related services. We and our service providers will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform us (by contacting Customer Service at 1-888-483-0653 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 1-888-483-0653 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.

We and our 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.

We and our 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. With your consent, Peoples Trust and its service providers may share this information for audit related purposes to ensure you are receiving the best possible customer service.

Other Uses of Your Personal Information:

In 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 our service provider), including to send marketing and promotional messages to you, then we 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 Information:

You may obtain access to the Cardholder Information we hold 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 our 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 us, contact Customer Service at 1-888-483-0653 or visit www.slpcard.ca. If you withdraw your consent, we 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 our legal rights and for other purposes required or permitted by Applicable Law.

PTC’s Privacy Policies:

Our general personal information practices are described in our privacy policy, as amended from time to time, available online at http://www.peoplestrust.com/en/legal/privacy-security/privacy/.

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.

Assignment:

At 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 executors, heirs, administrators, representatives, successors and permitted assigns.

Third Party Claims:

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 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 Warranties:

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT AND EXCEPT FOR ANY APPLICABLE WARRANTIES AVAILABLE UNDER APPLICABLE LAW (INCLUDING THE CONSUMER PROTECTION ACT (QUÉBEC)), 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 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 IN QUÉBEC OR 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 ANY GOVERNMENTAL AUTHORITY, NATIONAL EMERGENCIES, PANDEMIC, EPIDEMIC, PUBLIC HEALTH EMERGENCY, COMMUNICABLE DISEASE OUTBREAK, 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. 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 WILL 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, labor 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; Submission to Jurisdiction:

The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of British Columbia and the laws of Canada applicable therein. FOR RESIDENTS OF QUÉBEC ONLY: The parties attorn to the jurisdiction of Québec and this Agreement will be construed in accordance with and governed by the laws of the province of Québec 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.

Contact Information:

If you have questions regarding the Card or these terms and conditions, you may visit the Website, or call customer service at 1-888-483-0653 or Client.Services@peoplespayments.com. *Visa Int./Peoples Trust Company, Licensed User

Effective:

June 2021