Happy CardTM Cardholder Agreement

 

Please read this Agreement carefully and retain a copy for your records.

The following terms and conditions apply to your use of the Happy Card. By purchasing, activating, signing and/or using the Prepaid Card, you are agreeing to these terms and conditions as outlined below.

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

Card Issuer: This Card is issued by Peoples Trust Company.

Card Information: For card information, such as up-to-date terms and conditions, to obtain the activation date, balance, or card information visit www.happycards.ca or call toll-free 1-866-907-0850.

Card Restrictions:

  • Card can be used only to purchase goods and services at Merchants that are authorized to accept the Cards, as updated from time to time. These Merchants may be different than those listed on the card and the and the most current list is available at www.happycards.ca;
  • Card is not reloadable;
  • Card is not, except as set out herein, refundable in whole or in part;
  • Card is not redeemable for cash, and may not be used at ATMs;
  • Card cannot be used for recurring or any other pre-authorized payments;
  • Card can only be used in Canada;

Your Card may be deactivated at any time if fraud, related to your Card or use of your Card, is suspected. In addition, the funds on your Card may not be available for use for the first twenty-four (24) hours after purchase.

Card Expiry and Access to Balance: Your right to use the funds loaded onto the Card does not expire. If funds remain on the Card after the Valid thru date, simply contact customer service for directions on how to redeem the remaining balance on your card. Please note that there is an expiry date printed on the back of the Card. This is the date after which you may not use that Card for any purpose. Cards may be replaced on and following the Valid thru date indicated on the face of the Card at no cost to you. You may contact customer service at 1-866-907-0850 to request a replacement Card.

Card funds are not insured by the Canada Deposit Insurance Corporation (CDIC).

Lost or stolen Card: You must take all reasonable precautions to protect your Card against loss, theft, or unauthorized use. If your Card has been lost or stolen, or if you have reason to believe that someone has made an unauthorized transaction with your Card or may attempt to use your Card without your permission, you must notify us IMMEDIATELY by calling the customer service number. All transactions carried out on your Card before you notify us will be considered to have been authorized by you.

Split Tender Transaction: If you do not have enough funds available on your Card to cover the full Transaction Amount, you may request the Merchant to conduct a split tender transaction, which is where you use the Card as partial payment for goods and services and then pay the remainder of the amount with another form of payment (e.g. cash, credit, or debit). If you fail to inform the Merchant that you would like to perform a split-tender transaction prior to swiping your Card, your Card may be declined. Some Merchants may require payment for the remaining balance in cash. Merchants do not have to and may not agree to accept split tender transactions.

Detailed terms and conditions

Definitions:

  • “Agreement” means the terms and conditions set out in this Cardholder Agreement, which govern your use of the Card.
  • “Applicable Law” means the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust Company and the Distributor are subject to.
  • “Balance” means the value of the remaining funds on the Card.
  • “Card” means the Happy Card.
  • “Cardholder” means an individual who purchased, activated, signed and/or uses the Card.
  • “Distributor” means each distribution agent and retail outlet that offers the Cards for sale to consumers. A Distributor 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 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.
  • “Merchant” means a retail establishment that is authorized to accept the Card.
  • “Transaction Amount” means 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”, “our”, “Peoples Trust”, and “Issuer” each mean Peoples Trust Company, Peoples Card Services LP, and our successors, subsidiaries, affiliates or assignees.
  • “Website” means happycards.ca.
  • “you”, “your”, and “yours”, each means the Cardholder.

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

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

Use of the 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 request by us. The Card may not be used for any illegal transactions or purposes. If you authorize another person to use the Card, you will be liable for all transactions arising from use of the Card by such person. To use the Card, simply present the Card at the time of payment. You should retain the receipt as a record of the transaction. As you use the Card, the Card’s Balance will be reduced by the full amount of each purchase including taxes, charges and other fees, if any. We strongly recommend that you keep the receipt that was provided to the purchaser of the Card and that you write down the Card number and the customer service number in case the Card is lost or stolen. 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. You agree that you will not use the Card at any non-participating or unauthorized merchant locations. You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement. For information about the most current Merchants, please visit the Website.

 

Activating the Card: The Card has no value until it is activated by the cashier at the time of purchase.

 

Information about Balance: To obtain the current Balance, request information on previous transactions, or for customer service, you may call us at any time using the toll-free customer service number at 1-866-907-0850, as shown on the back of your Card, or by visiting the Website. The balance on your Card will reflect all transactions that have been posted to our system.

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.

Protection against Loss, Theft, or Unauthorized Use: If your Card is lost or stolen, you will be asked to provide us valid proof of purchase, your name, the Card number, the expiry date, the original Card value and transaction history. We cannot re-issue a Card if you do not have a valid proof of purchase and you don’t have your Card number. If our records show that a Balance still remains on the Card, we will cancel the Card and make such Balance amounts available to you. It may take up to thirty (30) days to process such requests. You agree, to the extent permitted by law, 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. We will post any such changes, as well as the most recent version of this Agreement, on the Website. As of the effective date included in any notice, the changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. You are responsible for checking our Website for such notifications. You will be deemed to accept and be bound by the amendment upon use of the Card following the effective date of the amendment. If you do not agree to any change of this 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 a situation does arise, then you will be given notice as soon as reasonably possible in the circumstances.

Purchase Disputes and Refunds:  If you have a question or a problem about a posted transaction (for example, a transaction that appears to be a duplicate transaction) you must notify us immediately and no later than sixty (60) days from the date of the transaction or you will be deemed to have accepted such posted transaction. You must tell us your Card number, the date and dollar amount of the error, and explain as clearly as possible why you believe there is an error. If we ask you to put your dispute in writing, you agree to do so within five (5) business days. We will investigate and will notify you of the results of our investigation within sixty (60) business days. If there is a dispute in regard to services or purchases made, it will be settled directly between you and the merchant; Peoples Trust will not be involved. If you are entitled to a refund for any reason for goods and services obtained with the Card, the merchant may choose to post the refund to 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.

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 1-866-907-0850. 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 https://forms.peoplestrust.com/contact/contact.html. We will do our best to resolve your complaint or inquiry. If for some reason we are unable to resolve the issue to your satisfaction, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If 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

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

Notice of Data Protection and Privacy Policy: We may obtain personal information (“Cardholder Information”) about you, including information (i), such as your name and/or your address, (i) provided by you contacting our Customer Services, and (ii) about purchases you made with the Card, such as the date of the purchase, the amount and the place of purchase. You may communicate with us through our customer service toll-free number at 1-866-907-0850 or at the Website with regards to requests to access or rectify 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. Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information unless otherwise specifically disclosed or agreed to by you. We maintain physical, electronic, and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.

Disclosure: We may use Cardholder Information (including the transfer of your information to individuals or organizations in the United States) to process Card transactions, to provide customer service, to process claims for lost or stolen Cards, to help protect against fraud. Peoples Trust may provide certain Cardholder Information to others as permitted by Applicable Law, such as to government entities or other third parties in response to subpoenas. The laws on data protection in other jurisdictions, to which we may transfer your information, may differ from those in your jurisdiction and any personal information transferred to another jurisdiction will be subject to law enforcement and national security authorities in that jurisdiction. Subject to these laws, Peoples Trust Company 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 the United States) of such personal information to third parties for the purpose set out above. Should you not wish to accept these data protection terms and conditions, or wish to withdraw your consent and, therefore, cancel the Card, you must communicate with our customer service and request we cancel the Card and discontinue any further use of your personal information.

Peoples Trust Company’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/.

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.

 

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. If we do not exercise our rights under this Agreement, 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: EXCEPT IN QUÉBEC, 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 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.

 

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.

 

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. 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. 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. We advise the regular use of a reputable and readily available virus screening and prevention software.

Governing Law: 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 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 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 need to report a lost or stolen Card, you may call Customer Service at 1-866-907-0850 or write to: Happy Card Customer Service; 10615 Professional Circle, Suite 102, Reno, NV 89521.

Effective date: 16 April 2018

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