The following terms and conditions govern your use of the Nextwave Titanium+ Prepaid Visa Card. By signing or using the Nextwave Titanium+ Prepaid Visa Card, you are agreeing to these terms and conditions and fees outlined herein.
Card Issuer: Your Card is issued by Peoples Trust Company pursuant to license by Visa Int.
Card Information and Balance: For Card terms and conditions, to obtain the expiry date of your Card, or to check your Balance for free, go online at www.mytitanium.ca , or call our toll-free customer service number at 1-888-252-9535. You can also sign up to have email or web-based SMS text alerts sent to you.
Card Restrictions: Cardholders must be of age of majority in the province or territory where they apply for the Card and are restricted to one Card per person. Use of your Card in certain countries may be restricted by law. Regular pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from your Card, are not permitted. All PAD transactions will be rejected and Peoples Trust will not be liable for any costs incurred by you as a result. Your Card may be deactivated at any time if fraud is suspected. 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 at least thirty (30) days in advance of the effective date of the change. The change will take effect on the date indicated in the notice.
|Maximum card balance||$10,000.00|
|Minimum load to card||$10.00|
|Maximum daily load to card||In-store or from existing bank account (2 loads per day)||$7,500.00|
|DirectLoadTM (2 loads per day)||$7,500.00|
|Maximum daily combined load limit (4 loads per day)||$10,000.00|
|Maximum daily spend at point-of-sale||$10,000.00|
|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 in-store cash withdrawal||$1,000.00|
|Maximum daily combined spend and cash withdrawal||$10,000.00|
Card Expiry and Access to Balance: Your right to use the funds loaded onto Card will 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 applicable fees under this Agreement.
|Fee Type||Flat Fee Plan||Pay-As-You-Go Plan|
|New card activation fee||$20.00 + tax||$20.00 + tax|
Your first monthly fee is deducted 5 days after card activation and that becomes the monthly billing date
|Load funds||via bank transfer||FREE||$2.50|
|Withdraw funds||at Canadian ATM†||FREE||$2.00|
|at international ATM†||$3.00 +3% of
+ 3% of total
|Spend funds||with signature (Canada)||FREE||FREE|
|with signature (overseas)||FREE||$0.50|
|in a foreign currency||3% of total
|Share funds (card to card transfer)||$5.00||$5.00|
|Card information||SMS / e-mail||FREE||FREE|
|Automated customer service||FREE||FREE|
|Live customer service (per call)||$1.50||$1.50|
|Paper transaction history||$3.00||$3.00|
|Balance at ATM†||FREE||FREE|
** Subject to change. See terms and conditions below for details.
† Additional fees may be charged for use of ATMs by ATM operators, over which we have no control.
Lost or Stolen Cards: : You are solely responsible for the care and control of the Card and for maintaining the confidentiality of the PIN. If you lose your Card and / or PIN or you become aware that your PIN may have become known to someone else, you should immediately call us at 1-888-252-9535. You should not maintain a written record of or disclose the PIN to a third party, including family members and friends. Avoid PIN combinations that may be easily guessed by others. All transactions carried out on your Card before you notify us will be considered to have been authorized by you.
Split Tender Transactions: If the Balance on your Card is not sufficient to cover the full point of sale 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). 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 are not obliged to accept split tender transactions, and some merchants may not accept split tender transactions.
Personal Information: By applying for a Card, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust and its service providers as described below. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use a Card.
“Agreement” means this Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein, which governs your use of the Nextwave Titanium+ Prepaid Visa Card
“Applicable Law” means the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), Canada’s Anti-Spam Legislation (CASL), the Act Respecting the Protection of Personal Information in the Private Sector (Québec), the Consumer Protection Act (Québec), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), PCI DSS or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust and the Distributor are subject to, or any bylaw, operating rule or regulation of Visa.
“ATM” means an Automated Teller Machine.
“Balance” means the amount of the funds loaded to the Card.
“Canada’s Anti-Spam Legislation (CASL)” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada), and its regulations, as may be amended from time to time.
“Card” means both the Instant Issue Card and the Permanent Card.
“Cardholder” means any person who signs or uses the Card.
“Distributor” means each authorized distribution agent and retail outlet which offers the Cards to consumers. A Distributor is not an agent, mandatary, or representative of Peoples Trust.
“Governmental Authority” means any federal, provincial, territorial, regional, municipal or local governmental authority, quasigovernmental 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 and/or the Distributor 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.
“Instant Issue Card” means the temporary, instant-issue prepaid Visa card initially issued to you.
“Load” or “loading” mean adding funds to the Card to obtain a Balance.
“Permanent Card” means a permanent prepaid card personalized with your name on it that replaces your Instant Issue Card.
“PIN” means a Personal Identification Number used with your Card at ATMs for additional security.
“POS” means point of sale, where you can use the Card to purchase goods or services from a merchant.
“VbV” means Verified by Visa, a program designed to help make shopping online more secure.
“Visa” means Visa Int. and its successors and assigns.
“We”, “us”, “our”, and “Peoples Trust” mean Peoples Trust Company and Peoples Card Services LP
"Website" means www.mytitanium.ca.
“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:The Card is owned by Peoples Trust and will remain our property. The Distributor will provide you with an Instant Issue Card to allow you to enjoy the use of the product while we create your personalized, Permanent Card, which we will mail to the address you provide to the Distributor.
You agree to return the Card to us, or as we direct, immediately upon our request. The Instant Issue Card will operate as a Card until the earlier of twenty-four (24) months from date of purchase or until the date you activate the Permanent Card. The Card is provided to you, the Cardholder, only. You may not sell, assign or transfer the Card to a third party. You agree to use the Card only for legal purposes. You must sign the back of the Card immediately upon receipt and before making any use of the Card
To load funds onto the Card, you can arrange for funds to be applied to the Card by the direct load or bill payment methods through the Canadian Payments Association. Subject to applicable Card fees, funds loaded to the Card in-store or via card-to-card transfer will be available immediately after the load is confirmed by Peoples Trust. The time before funds become available may vary for other load methods. Neither the funds provided by you to load the Card nor the Balance on the Card are a deposit and they do not establish a separate individual deposit account. You will not receive interest on the Balance or on any funds you load onto the Card.We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen
You may access the Balance available on the Card to purchase goods and services wherever Visa is accepted, including mail order, online and POS retail merchants, subject to the terms of this Agreement. The Card includes a PIN that can be used to withdraw any Balance available on the Card in cash at ATMs displaying the Visa or Cirrus® acceptance marks. When you use the Card, the amount of the purchase or withdrawal, plus any applicable fees and taxes, will be deducted from the available Balance associated with your Card.
You are not allowed to exceed the Balance available on your Card for any transaction or cash withdrawal. It is your responsibility to ensure that there is a sufficient Balance on the Card to cover transactions. 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. By registering a password for your Card with the VbV service and shopping online at VbV enabled merchants, your Card can only be used by you to make online purchases
Choosing a Plan: If you load your Card regularly and use it for purchases more than twice a week, you may be able to save money with the Flat Fee Plan. If you only use your Card occasionally, then our Pay-As-You-Go Plan could be better for you. Call customer service or visit the Website to switch from the Pay-As-You-Go Plan to the Flat Fee Plan.
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 is in this state, we will disable the Card to prevent any further transactions until the Balance on the Card is brought back into credit
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 customer service 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, Peoples Trust 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 can close your Card account.
In the event that there is not a sufficient Balance on the Card to pay monthly maintenance fees, we may deactivate the Card without notice.
Information about Balance: You may obtain information about the remaining Balance on the Card by accessing the Website, or calling us toll-free twenty-four (24) hours a day, seven (7) days a week at 1-888-252-9535, or by signing up for email or web-based SMS text alerts. Transaction history information is available on the Website. Peoples Trust will, upon your request and for the fee stated in the table marked ‘Fees’ in the Information Disclosure Summary section, mail to you a written statement of transactions made with your Card. 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. Peoples Trust is not responsible for providing you with any transaction record or periodic statement.
Transactions Made in Foreign Currencies: We convert any transactions made in a foreign currency to Canadian dollars using a Visa 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 Visa conversion rate is the rate that we pay to Visa 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 Visa conversion rate used to convert your refund to Canadian dollars for your Card is the rate that we pay to Visa minus the foreign exchange service charge of 3%. Additionally, the rate that we pay to Visa may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to your Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to your Card for that transaction.
Expiry Date:The Card will be valid and usable until either the Balance is used or the expiration date of the Card, whichever occurs first. Contact customer service to receive a replacement Permanent Card with a new, extended expiry date provided that your Card account is in good standing. Please review the ‘Fees’ table in the Information Disclosure Summary section for the Replacement Card fee.
Protection against Loss, Theft, or Unauthorized Use: If your Card is lost or stolen, you will be asked to provide us with the name on the Card and the Card number, and to answer an identifying question drawn from your personal information. If you lose the Card, someone might be able to use the Balance on the Card. It can be used without a PIN to make purchases. Peoples Trust will refund any remaining Balance (less the Refund processing fee stated in the table marked ‘Fees’ in the Disclosure section) after we have processed all transactions completed before we had an opportunity to act on your information. Peoples Trust will have a customer service representative or automated voice response service available seven (7) days a week, twenty-four (24) hours a day that will allow immediate cancellation of the Card upon your request
A replacement Card with any remaining Balance (less our fees as stated in the table marked ‘Fees’ in the Information Disclosure Summary section) will be issued sixty (60) days after you report the Card lost or stolen to ensure that all transactions have been processed properly
With the Visa Zero Liability Policy, you will not be liable for any unauthorized POS transactions made with your lost or stolen Card unless you have been grossly negligent or have engaged in fraud. You must establish to the satisfaction of Peoples Trust that you are not responsible for the disputed transaction. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days once all the paperwork has been received and confirmed by Peoples Trust, and may require a police investigation. The Zero Liability policy does not apply to ATM transactions where the PIN is used or to transactions validated through Verified by Visa. You are responsible for all uses of the Card with the PIN at an ATM or for transactions validated through Verified by Visa, whether initiated by you or anyone else using the Card and PIN.
Personal Information Consent: By applying for a Card, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust and its service providers for purposes relating to your application for a Card and your use of a Card (if issued to you) and as otherwise described below. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use a Card. As explained below, you may withdraw your consent at any time by cancelling your Card and all related services from Peoples Trust.
Peoples Trust and its service providers will collect information about you (e.g. your name, address, telephone number and date of birth) when you apply for a Card and, if a Card is issued to you, Peoples Trust and its service providers will collect information about you and your use of the Card and related services, including information about your Card transactions (e.g. the date, amount and place of each transaction) (all collectively “Cardholder Information”). Peoples Trust and its service providers will collect your Cardholder Information directly from you and from other sources, including the Distributor and third party providers of identity verification, demographic and fraud prevention services.
Peoples Trust will disclose your Cardholder Information to Peoples Trust’s service providers to assist Peoples Trust to provide services to you and to provide related services to Peoples Trust.
Peoples Trust and its service providers will use, disclose and retain your Cardholder Information to process your application for a Card (including to verify your identity) and, if a Card is issued to you, to provide you with services relating to your Card (including to administer your Card and to process your Card transactions), to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce Peoples Trusts’ legal rights and for other purposes required or permitted by Applicable Law.
Peoples Trust and its service providers may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). The personal information protection laws of those countries might be different from the laws of the jurisdiction in which you are located, and might permit courts, government, law enforcement and regulatory agencies and security authorities to access your Cardholder Information without notice. Peoples Trust will use and rely on your Cardholder Information to issue and administer your Card and provide related services. Peoples Trust and its service providers will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform Peoples Trust (by contacting Customer Service at 1-888-252-9535) of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information.
Peoples Trust and its service providers may use your Cardholder Information (including your telephone and mobile phone numbers and your email addresses) to contact you, including by regular and electronic mail, telephone call (including by pre-recorded or artificial voice messages and automatic telephone dialling systems) and instant messaging, regarding your Card and related matters, regardless of whether you incur any long distance or usage charges as a result.
Peoples Trust and its service providers may monitor and record their communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes.
You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by contacting Customer Service (at 1-888-252-9535) and cancelling your Card and all related services from Peoples Trust. If you withdraw your consent, Peoples Trust will continue to collect, use, disclose and retain your Cardholder Information for as long as may be reasonably required to perform services relating to the cancellation of your Card, to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce Peoples Trusts’ legal rights and for other purposes required or permitted by Applicable Law.
In addition to the foregoing, if you consent to a Distributor or other third party collecting and using your personal information (including Cardholder Information) for their own purposes (not as a service provider to Peoples Trust), including to send marketing and promotional messages to you, then Peoples Trust will not have any control over, and will not be responsible or liable for, the collection, use, disclosure and retention of your personal information by the Distributor or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the Distributor or third party.
The restrictions and requirements described above do not apply to Cardholder Information that is aggregated or otherwise de-personalized and does not identify you.
Notification and Notice of Changes to Fees: The fees that we charge in relationship to your use of the Card and associated services are listed in the table marked ‘Fees’ in the Information Disclosure Summary section. Please note that we may change the fees from time to time. As required by Applicable Law, notice of any increases to existing fees or introduction of new fees to the Card will be sent to you at the most recent mailing or email address that we have on record for you at least thirty (30) days in advance of the effective date of the change, and posted on the Website at least sixty (60) days in advance of the effective date of the change. The change will take effect on the date indicated in the notice. You are responsible for informing us of any change in your mailing or email address and for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic email.
Subject to the above paragraph, Peoples Trust may effect notice to you specifically by regular mail postage prepaid or by email to the most recent mailing or email address that we have on record for you. Peoples Trust may effect notice to you as part of all of a class of Cardholders by posting notice on the Website.
You may notify Peoples Trust by delivering notice to the Distributor or sending notice to Peoples Trust at the Website (other than notification of a lost or stolen Card, which may only be done by telephone as set out above). Notice will be deemed to be received on the date of delivery of notice to Peoples Trust or the Distributor, as applicable, and the next business day after electronic mail.
Amendment to Agreement: Subject to the provisions of the “Notification and Notice of Change to Fees” section above and Applicable Law, Peoples Trust may amend this Agreement by posting changes to this Agreement or a replacement form of Agreement on the Website, or sending notice to you via email or postal mail. You will be deemed to accept and be bound by the amendment upon use of the Card following the effective date of the amendment. If you do not agree to any change of this Agreement, you agree to immediately stop using the Card and notify Peoples Trust that you are terminating this Agreement. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system or comply with Applicable Law. If such situation does arise, then you will be given notice as soon as reasonably possible in the circumstances.
Disputes and Complaints: If you identify an error in any transaction record, you must address such error with the applicable merchant or ATM operator. 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. You can obtain a dispute form (please call 1-888-252-9535 and follow the prompts for lost or stolen cards) that must be completed and faxed to the customer service team. Please note that this form must be received within sixty (60) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction.
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.
If you have a complaint or inquiry about any aspect of your Card Balance, please call our complaint officer at 1-855-694-6214. We will do our best to resolve your complaint or inquiry. If for some reason Peoples Trust is unable to do so to your satisfaction, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. 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
Peoples Trust complaints policy can be found online at:
Cancellation: You may at any time terminate this Agreement by calling 1-888-252-9535. We will cancel the Card and a cheque for any remaining Balance on your Card, less the Card Cancellation fee, will be mailed to you within forty-five (45) business days. Alternatively, you may surrender the Card to the Distributor and the Distributor shall reimburse you in cash any remaining Balance on your Card less any outstanding fees.
Peoples Trust may terminate this Agreement at any time, at which time you will immediately return the Card to us or as we direct. Peoples Trust or its Distributor shall reimburse you any remaining Balance on the Card less outstanding fees. Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.
No Warranty of Availability or Uninterrupted Use: From time to time Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information about the Balance on your Card. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
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 SET OUT IN 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: NEITHER PEOPLES TRUST NOR THE DISTRIBUTOR WILL BE LIABLE IN ANY WAY FOR ANY DISPUTE ARISING OUT OF THE PURCHASE OF MERCHANDISE OR SERVICES USING THE CARD OR THE FAILURE OF ANY RETAILER TO HONOUR THE CARD OR THE FAILURE OF AN ATM MACHINE TO DISPENSE CASH. PEOPLES TRUST AND THE DISTRIBUTORS ARE NOT RESPONSIBLE FOR ANY FAILURE TO SUPPLY, LACK OF SUITABILITY OR QUALITY OF ANY GOODS OR SERVICES PURCHASED FROM RETAILERS THROUGH THE USE OF THE CARD. NEITHER PEOPLES TRUST NOR THE DISTRIBUTOR WILL BE LIABLE FOR ANY ACTION OR FAILURE TO ACT OF A RETAILER OR A REFUSAL BY A RETAILER TO HONOUR THE CARD, WHETHER OR NOT SUCH FAILURE OR REFUSAL IS AS A RESULT OF ANY ERROR OR MALFUNCTION OF EQUIPMENT USED TO EFFECT AN AUTHORIZATION OF THE CARD. PEOPLES TRUST WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR INCONVENIENCE YOU MAY INCUR IF YOU ARE UNABLE TO USE THE CARD AS A RESULT OF ANY FAILURE, ERROR, MALFUNCTION OR TECHNICAL PROBLEM WITH OR AT OUR DISTRIBUTORS’ OR WITH OUR OR OUR SERVICE PROVIDERS’ SYSTEMS OR EQUIPMENT, OR WITH AN ATM.
EXCEPT IN QUEBEC, OR AS EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO HONOUR THE CARD, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. NOT IN LIMITATION OF THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
Website and Availability: Although considerable effort is expended to make the Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance or Website changes or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labour disputes or armed conflicts. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment.
You agree to act responsibly with regard to the Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.
Assignment and Waiver: At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. 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.
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.
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 part of this Agreement is found to be invalid or unenforceable by any court or government agency of competent jurisdiction, that invalidity or unenforceability shall not affect the remainder of this Agreement, which shall survive and be construed as if such invalid or unenforceable part had not been contained herein.
Contact Information: If you have questions regarding the Card or these terms and conditions, you may visit the Website, or call customer service at 1-888-252-9535, or write to Nextwave Titanium+ Prepaid Visa Customer Service; 401 Garbally Road, Victoria, BC V8T 5M3.
*Trademark of Visa International Service Association and used under licence by Peoples Trust Company.
Effective: 30 January 2017
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