Instant Financial Prepaid MasterCard® Cardholder Agreement
The following terms and conditions govern your use of the Instant Financial Prepaid MasterCard Card. By signing or using the Instant Financial Prepaid MasterCard, you are agreeing to these terms and conditions and fees outlined below.
Information Disclosure Summary (detailed terms and conditions will follow):
Card Issuer: The Instant Financial Prepaid MasterCard Card is issued by Peoples Trust Company under licence from MasterCard International Incorporated. Peoples Trust Company is located at 1400 – 888 Dunsmuir Street, Vancouver, British Columbia, V6C 3K4.
Card Information and Balance: For up-to-date Card terms and conditions, or to check your Balance for free, go online at www.instant.co or call our toll-free customer service number at 1-844-466-9360. You can also sign up to have in-app notifications or SMS text alerts sent directly to your mobile phone.
- Cardholders must be of age of majority in the province or territory where the Card is issued;
- Cardholders are restricted to one Card per person;
- Use of the Card in certain countries may be restricted by law;
- Card may not be used for regular pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from your Card (all PAD transactions will be rejected and Peoples Trust Company will not be liable for any costs incurred by you as a result);
- You may not add funds to your Card via wire transfer;
- Your Card is subject to minimum and maximum daily load, transaction, and withdrawal limits as set out below. Peoples Trust Company may change these limits in accordance with Applicable Law and will post notice on the Website as 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. Your continued use of the Card, after the change to the limits has come into effect, will be taken as your acceptance of that change.
|Maximum card balance||$10,000.00|
|Minimum load to card||$0.01|
|Maximum daily direct load to card (5 loads per day)||$7,500.00|
|Maximum daily spend at point-of-sale||$7,500.00|
|Maximum number of daily point-of-sale transactions||30|
|Maximum daily ATM withdrawal||$1,000.00|
|Maximum number of daily ATM withdrawals||10|
|Maximum daily combined spend and cash withdrawal||$7,500.00|
Please also note that your Card may be deactivated at any time if fraud, related to your Card or use of your Card, is suspected.
Card Expiry and Access to Balance: Your right to use the funds loaded onto your Card does not expire. If funds remain on the Card after the “Valid Thru” date, simply contact customer service for instructions 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.
|Fee Type||Fee Description||Fee|
|Subscription||Monthly Fee (paid by employer)||FREE|
|Spend Funds||POS Fee||FREE|
|Load Funds||Direct Deposit Fee||FREE|
|Other||ATM Domestic Fee*||$2.50|
|ATM withdrawal* – International ATM Fee||$5.00 + 3% of total transaction|
|Card Cancellation Processing Fee (if cheque is issued)||FREE|
|Inactivity Fee (After 90 days. Fee assessed on 90th day of no activity. Repeats monthly if no activity.)||$5.00|
|Card Replacement Fee (lost/stolen card including emergency replacement)||$10.00|
|Foreign Exchange Fee||3% of total transaction|
|International POS Fee||$2.00|
|Automated Customer Service (voice response)||FREE|
|Live Customer Service (per call)||FREE|
|Balance at ATM||FREE|
|* Additional fees may be charged for use of ATMs by ATM operators, over which we have no control.^SMS rates may apply – billed from the provider.|
Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).
Lost or Stolen Card or PIN: You must take all reasonable steps to protect your Card and / or PIN against loss, theft, or unauthorized use. The PIN for your Card is provided to you with your Card and cannot be changed. You should not maintain a written record of your PIN or disclose the PIN to a third party, including family members and friends. If you lose your Card and / or PIN or you become aware that your PIN may have become known to someone else, you should call us immediately at 1-844-466-9360. All transactions carried out on your Card before you notify us will be considered to have been made by you.
If you forget the PIN, you can obtain a reminder by calling customer service at 1-844-466-9360. The PIN may be disabled if an incorrect PIN is entered three (3) times. If the PIN is disabled, please contact customer service at 1-844-466-9360 for assistance. There may be a twenty-four (24) hour delay in reactivating the PIN, and we may not be able to reactivate the PIN whilst you are abroad. If the PIN is disabled, or if a merchant does not accept chip and PIN transactions, you will be required to sign for any transactions at merchants, provided that this is supported by and acceptable to the merchant.
Split Tender Transactions: If the Balance on your Card is not sufficient to cover the full Transaction Amount, you may ask the merchant if they will accept a split tender transaction. A split tender transaction allows you to use the remaining Balance on your Card to pay for part of the Transaction Amount and cover the difference with another form of payment (e.g. cash, cheque, credit or debit). Some merchants may require cash payment to cover the difference. If you fail to inform the merchant that you would like to complete a split tender transaction prior to using your Card, your Card may be declined. Merchants do not have to and may not agree to accept split tender transactions.
Personal Information: By accepting a Card from your Employer, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust Company and its service providers, including PayHero Inc. doing business as Instant Financial, as 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 accept or use a Card.
Detailed Terms and Conditions
“Agreement” means this Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein.
“App” means the Instant Financial application, which needs to be downloaded to a mobile device or accessed at www.instant.co to support the Instant Prepaid Card program.
“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), Canada’s Anti-Spam Legislation (CASL), PCI DSS or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust Company and the Employer are subject to, or any bylaw, operating rule or regulation of MasterCard.
“ATM” means an Automated Teller Machine.
“Balance” means the value of the funds that are loaded onto the Card and are available for spending.
“Canada’s Anti-Spam Legislation (CASL)” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada), and its regulations, as may be amended from time to time.
“Card” means the prepaid card account you receive from the Employer when you enroll in the Instant Financial Prepaid MasterCard card program.
“Cardholder” means the individual to whom the Card has been issued.
“Employer” means the Cardholder’s employer, which offers the Card to the Cardholder. The Employer is not an agent, mandatary or representative of Peoples Trust Company.
“Governmental Authority” means any federal, provincial, territorial, regional, municipal or local governmental authority, quasi-governmental authority (including the Office of the Superintendent of Financial Institutions), government organization, commission, board, professional agency, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, in each case to the extent it has jurisdiction over Peoples Trust Company and / or the Employer or any Person, property, transaction, activity, event or other matter related to this Agreement. The above definition is deemed to include any interim or permanent transferee or successor of a Government Authority’s underlying mandate, function or activity.
“Load” or “loading” mean the adding of funds to the Card by your Employer.
“MasterCard” means MasterCard Incorporated and its successors and assigns.
“MasterCard PayPass” means the MasterCard contactless payment system, which allows you to make payments by tapping your Card at any contactless-enabled POS.
“PCI DSS” means a multifaceted security standard defined by Payment Card Industry Security Standards Council and includes requirements for security management, policies, procedures, network architecture, software design and other critical protective measures.
“Person” means an association, a corporation, an individual, a partnership, a trust, an unincorporated organization or any other entity or organization.
“PIN” means a Personal Identification Number used with your Card for POS transactions or at ATMs for additional security.
“POS” means point of sale, where you can use the Card to purchase goods or services from a merchant.
“Transaction Amount” is the amount that is debited from the Balance in connection with the Cardholder’s use of the Card to purchase goods or services, which includes the amount of the Balance to be transferred, the Card service charges and the taxes imposed to complete the transaction.
“we”, “us”, and “our” mean Peoples Trust Company and Peoples Card Services LP.
“Website” means www.instant.co.
“you”, “your” and “yours” mean the Cardholder and any other Person you allow to use the Card, whether or not permitted by the Agreement.
Use and Ownership of the Card: Your Card is a prepaid MasterCard that can be used anywhere that MasterCard is accepted, including mail order, online, telephone and point of sale retail merchants, subject to the terms of this Agreement.
The Card cannot be used for any purpose until it has been activated in accordance with the instructions provided when you receive your card and signed by you on the back of the Card where indicated. Your card can be activated via the App or Website.
When you use the Card to make a purchase, the amount of the purchase, plus any applicable fees and taxes, will be deducted from the available Balance associated with your Card. If you use your Card for card-not-present transactions (such as online, mail or telephone purchases), the legal effect is the same as if you used the physical Card.
The Card includes a PIN that can be used to withdraw any Balance available on the Card in cash at any ATM displaying the MasterCard or Cirrus® acceptance marks. When you use the Card at an ATM, the amount of the withdrawal, plus any applicable fees and taxes, will be deducted from the available Balance associated with your Card. Your Card can also be used at any POS that accepts MasterCard PayPass, subject to merchant purchase limits.
You will be solely and completely responsible for the possession, use and control of the Card. You must surrender the Card to us immediately upon request by us. The Card is provided to you, the Cardholder, only. You may not sell or assign the Card to a third party. 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 agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on your Card, and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on your Card. You do not have the right to stop the payment of any transaction you conduct with the Card. We are not liable to you for declining authorization for any particular transaction, regardless of our reason. We may, in our sole discretion, cancel or suspend this Agreement or any features or services of the Card at any time, with or without cause, with thirty (30) days’ notice to you or as otherwise required by Applicable Law.
Some merchants (including, but not limited to, fuel stations, restaurants, hotels, cruise lines, or car rental companies) may pre-authorize the Transaction Amount for the purchase amount plus up to 20% (or more) above the purchase amount to ensure there are sufficient funds available on your Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Card Balance will not cover the Transaction Amount plus the additional amount.
A pre-authorization will place a ‘hold’ on an amount of your available Card funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the pre-authorization amount on hold in excess of that final payment amount will be released. The time it takes for a pre-authorization hold to be removed may vary depending on the type of merchant. The hold is typically removed within fourteen (14) days for most standard merchants, and within forty-five (45) days for hotels, cruise lines and car rental agencies. During the hold period, you will not have access to the pre-authorized amount.
Loading Funds: Your Card is reloadable only by your Employer pursuant to the terms and conditions listed on the Website and the App. If we ever make other load methods available to you, we will list the applicable details on the Website or App. Load methods offered by third party service providers may be subject to additional fees that are not within our control. You can always refer to the Website or App and the applicable service providers’ terms and conditions for more details. The time before funds become available may vary between load methods.
Information about Balance: It is your responsibility to ensure that there is a sufficient Balance on the Card to cover transactions plus any pre-authorized amounts. To obtain the current Balance amount, or the transaction history, call customer service toll-free at 1-844-466-9360, or refer to the App or the Website. You may also sign up for SMS text alerts. Transaction history information is available in the App and the Website and it includes the last five (5) transactions that have been posted to our system. 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 or cash withdrawal.
You should receive a paper record of each POS transaction or ATM transaction for which you use the Card. It is your responsibility to obtain such record and ensure that it is accurate. We are not responsible for providing you with any transaction record or periodic statement. If you identify an error in any transaction record, you must address the error directly with the merchant or ATM operator.
Insufficient or Negative Balance, Inactivity, and Excess Credit: In the event that, due to a systems malfunction or for any reason whatsoever, you receive cash or credit in excess of what has been paid by you, we may correct such error when discovered and adjust the Balance available on the Card. You agree to reimburse us for any excess cash or credit received upon demand.
If your Card has a negative Balance and three (3) consecutive transactions are conducted while the Card has a negative Balance, we will disable the Card to prevent any further transactions until the Balance on the Card is brought back to a positive Balance. You must not attempt to cause your Card to have a negative Balance. If a negative Balance is created on your Card following any transaction initiated or authorized by you, then you agree to repay the amount of the negative Balance to us within ten (10) days of such transaction.
If your Card has a negative Balance for sixty (60) consecutive days, we will put the Card into a suspended state so that no other transaction can be processed. Please call our Customer Service team toll free at 1-844-466-9360 if you wish to continue using your Card.
If there is no activity on your Card for ninety (90) consecutive days and the Balance on the Card is $0.00 or negative, we will put the Card into a suspended state so that no other transaction can be processed. Please call customer service if you wish to continue using your Card.
If your Card has a Balance of $0.00 or negative and there have been no transactions for one hundred and twenty (120) days, we may close your Card.
In the event that there is not a sufficient Balance on the Card to pay monthly inactivity fees, we may deactivate the Card without notice.
Transactions Made in Foreign Currencies: We convert any transactions made in a foreign currency to Canadian dollars using a MasterCard conversion rate in effect on the day the transaction is posted to your Card. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. The MasterCard conversion rate is the rate that we pay to MasterCard plus a foreign exchange service charge of 3%. This rate may not be the same as the rate that existed on the date the transaction was made.
However, if a foreign currency transaction is refunded to your Card, the MasterCard conversion rate used to convert your refund to Canadian dollars for your Card is the rate that we pay to MasterCard minus the foreign exchange service charge of 3%. Additionally, the rate that we pay to MasterCard may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to your Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to your Card for that transaction.
Expiry Date: The Card will be valid and usable until the expiration date of the Card. Your right to use the funds on your Card will never expire. If there is a Balance remaining on your Card at the Card expiration date, you can contact customer service to receive a replacement Card with a new, extended expiry date, provided that your Card account is in good standing and subject to the Card Replacement Fee (see ‘Fees’ table).
Protection against Loss, Theft, or Unauthorized Use: If your Card is lost or stolen, you will be asked to provide us with your name and the Card number, and to answer an identifying question drawn from your personal information. If you lose the Card, someone might be able to use the Balance on the Card. Your Card can be used without a PIN to make purchases online. We will refund any remaining Balance (less the card refund / cancellation fee) after we have processed all transactions completed before we had an opportunity to act on your information. We will have a customer service representative or automated voice response service available seven (7) days a week, twenty-four (24) hours a day that will allow immediate cancellation of the Card upon your request. If you are unable to find your Card, you may put a security hold on your Card so no money can be spent or cash withdrawn while you look for it. Click “Freeze My Card” from the Help page in the App. We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen.
A replacement Card with any remaining Balance, less the Card Replacement Fee (see ‘Fees’ table), will be issued within sixty (60) days after you report the Card lost or stolen to ensure that all transactions have been processed properly. You agree, to the extent permitted by Applicable Law, to cooperate completely with us in our attempts to recover from unauthorized users and to assist in their prosecution.
If you lose your Card while travelling outside Canada, you may call Customer Service to obtain an emergency replacement Card for the fee listed in the Fees table. If you are travelling outside Canada and require emergency cash access to the funds on your Card, please call Customer Service, who will liaise with MasterCard to provide you with access to your funds at a local financial institution. Please note, emergency cash access is subject to service availability in specific countries, and a minimum card MasterCard balance of one hundred dollars ($100.00) is required. For more information on MasterCard emergency services, please visit www.MasterCard.ca/emergency-services.html.
The MasterCard Zero Liability Policy applies to purchases made in-store, via telephone, online, or from a mobile device, as well as transactions at an ATM. As a cardholder, you will not be held responsible for unauthorized transactions if:
- you have exercised reasonable care in protecting your Card and PIN from loss or theft, and
- you promptly reported the loss or theft of your Card or PIN to us.
If these conditions are not met, you will be liable for all unauthorized transactions completed before you reported the loss of theft of your Card or PIN to us. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days once all the required forms and / or documents have been received and confirmed by us, and may require a police investigation.
Personal Information Consent: By accepting a Card from your Employer, 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. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not accept 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.
We and our service providers will collect information about you (e.g. your name, address, telephone number and date of birth) when you accept 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 Employer and third party providers of identity verification, demographic and fraud prevention services.
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 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 our legal rights and for other purposes required or permitted by Applicable Law.
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.
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 1-844-466-9360) of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information.
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 dialling systems) and instant messaging, regarding your Card and related matters, regardless of whether you incur any long distance or usage charges as a result.
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.
You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by contacting Customer Service (at 1-844-466-9360) and cancelling your Card and all related services from us. 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.
In addition to the foregoing, if you consent to the Employer or another 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 Employer or other third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the Employer or other third party.
The restrictions and requirements described above do not apply to Cardholder Information that is aggregated or otherwise de-personalized and does not identify you.
Amendments: Subject to the limitations of Applicable Law, we may from time to time amend any term or condition of this Agreement or add a new term or condition, including increasing or adding new fees (an “Amendment”). If we are increasing an existing fee or adding a new fee, we will post such Amendment on our Website at least sixty (60) days in advance of the Amendment taking effect and, at least thirty (30) days before the Amendment comes into force, send you, at the most recent mailing or email address that we have on record for you, a written notice drawn up clearly and legibly, setting out the new clause(s) only, or the amended clause(s) and the clause(s) as it (they) read formerly, the date of the coming into force of the Amendment and your rights set forth below. The change will take effect on the date indicated in the notice. For any other Amendment we will post such Amendment on our website at least thirty (30) days in advance of the Amendment taking effect. You are responsible for informing us of any change in your mailing or email address, by contacting customer service at 1-844-466-9360, and for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic mail.
You may refuse the Amendment and rescind this Agreement without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the Amendment comes into force, if the Amendment entails an increase in your obligations or a reduction in our obligations. You may notify us by delivering notice to us at the Website or via customer service, at 1-844-466-9360. Notice will be deemed to be received on the date of delivery of notice to customer service, as applicable, and the next business day after contacting us via the Website. If you choose to rescind this Agreement, the Cancellation section of this Agreement will apply.
Disputes: If you believe a transaction on your Card account is incorrect, you must notify us in writing of your dispute within sixty (60) days of the transaction date. Following your notification, a form will need to be completed and faxed to the customer service team within ninety (90) days of the transaction date. You can obtain a dispute form by calling 1-844-466-9360 and following the prompts for lost or stolen cards. Please note that this form must be received within ninety (90) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction.
If you identify an error in any transaction record, you must address such error with the applicable merchant or ATM operator. If there is any dispute in regard to purchases you make using the Card, you agree to settle such disputes with the merchant from whom the purchase was made. Please ask the merchant for any return policy that may apply to purchases made with the Card. We are not responsible for any problems you may have with any goods or services that you purchase with your Card, whether with regard to quality, safety, legality, or any other aspect of your purchase. If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Balance on your Card in place of cash.
Complaints: If you have a complaint or inquiry about any aspect of your Card, first attempt to resolve the complaint or inquiry by calling our toll-free customer service number at 1-844-466-9360. 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://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 complaint to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If the Cardholder has a concern regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, the concern may be communicated at any time to the Financial Consumer Agency of Canada, either in person, by letter, by telephone, or through its website at:
Financial Consumer Agency of Canada
427 Laurier Avenue West, 6th Floor
Ottawa, ON, K1R 1B9
Our complaints policy can be found online at: http://www.peoplestrust.com/about-us/resolving-your-concerns/.
Cancellation: You may at any time terminate this Agreement by calling 1-844-466-9360. We will cancel the Card and a cheque for any remaining Balance on your Card, less the Card Cancellation fee, will be mailed to you within forty-five (45) business days.
We may terminate this Agreement at any time, at which time you will immediately return the Card to us or as we direct, provided that if you are not in default of your obligations under this Agreement, We will notify you in writing at least sixty (60) days before the date of termination. We will reimburse you any remaining Balance on the Card less outstanding fees. Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.
No Warranty of Availability or Uninterrupted Use: From time to time Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information about the Balance on your Card. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
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, 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: Neither we nor the Employer will be liable in any way for any dispute arising out of the purchase of merchandise or services using the Card or the failure of any retailer to honour the Card or the failure of an ATM machine to dispense cash. We and the Employer are not responsible for any (i) failure to supply, and / or (ii) lack of suitability or quality of any goods or services purchased from retailers through the use of the Card. Neither we nor the Employer will be liable for any action or failure to act of a retailer or a refusal by a retailer to honour the Card, whether or not such failure or refusal is as a result of any error or malfunction of equipment used to effect an authorization of the Card. We will not be liable for any damage, loss or inconvenience you may incur if you are unable to use the Card as a result of any failure, error, malfunction or technical problem with, or at, our Employers’, or with our, or our service providers’ systems or equipment, or with an ATM.
Except as expressly required by this Agreement or Applicable Law, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of Governmental Authorities, national emergencies, insurrection, war, riots, failure of merchants to 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 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 Availability: Although considerable effort is made to ensure that 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 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.
Assignment and Waiver: At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. 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.
Entire Agreement: This sets out the entire agreement between the parties with respect to the use of the Card. This Agreement replaces all prior agreements and understandings between the parties with respect to the Card.
Governing Laws: 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 the Province of British Columbia and the laws of Canada applicable herein.
Section Headings: Section headings in this Agreement are for convenience of reference only, and will not govern the interpretation of any provision of this Agreement.
Severability: If any part of this Agreement is found to be invalid or unenforceable by any court or government agency of competent jurisdiction, that invalidity or unenforceability will not affect the remainder of this Agreement, which will survive and be construed as if such invalid or unenforceable part had not been contained herein.
Contact Information: If you have questions or concerns regarding the Card or these terms and conditions, you may visit the Website, or call customer service at 1-844-466-9360, or write to Instant Prepaid MasterCard Customer Service: 401-220 Cambie Street, Vancouver, BC, V6B 2M9.
Effective: 30 Novermber 2016
“MasterCard” is a registered trademark of MasterCard International Incorporated.