This cardholder agreement is for the Netcoins Visa Prepaid Card. Please read this Agreement carefully and retain a copy for your records.
Your acceptance and use of your Netcoins Prepaid Card, as applicable, is subject to the terms set out in this Agreement. By using your Card or allowing anyone else to use your Card, you are agreeing to the terms and conditions and fees outlined below.
IMPORTANT INFORMATION ABOUT YOUR NETCOINS PREPAID CARD
Card issuer: This card is issued by Peoples Trust Company under licence by Visa International Incorporated.
Card Expiry and Access to Balance: You are able to use your Netcoins CAD portfolio balance on the Card. Your right to use the funds will not expire. If funds remain in your portfolio balance after the “good thru” date, simply contact customer service at 1-866-331-8748 for instructions on how to receive a replacement Card free.
Fees: By registering and using your Card, you agree that you have been advised of the fees, and you agree to pay all fees charged under this Agreement. The Fees are subject to change. You will be notified by email in advance of these changes so please keep the contact information associated with your Netcoins account up-to-date.
|NETCOINS CARD FEES*||Country|
|Inactivity Fee (starting month 13 after activation, billed monthly if your card has not been used for ninety (90) days)||$1|
|Foreign Exchange Transaction Fee+||1,5%|
* You’ll be notified by email before any changes are made to the fee schedule. See the Amendments and Other Legal Requirements section for more details. * Additional fees for ATM withdrawals may be charged by the ATM operator, over which we have no control. * More information about Foreign Exchange Transaction Fee is included in the Transaction Made in Foreign Currencies section of this Agreement.
Card Information and Balance: For up-to-date Card terms and conditions, to obtain the expiry date of your Card, or to check your Balance for free, you will need to access your Netcoins account at www.netcoins.ca, download the Netcoins mobile application from the App Store or Google Play™, or call the customer service toll-free number at 1-866-331-8748.
Card Restrictions: Cardholders must be of the age of majority in the province or territory where they reside and are restricted to one plastic and one virtual Netcoins Visa Prepaid Card per person. Use of your Card in certain countries may be restricted by Applicable Law. Your Card may be deactivated at any time if fraud, related to your Card or use of your Card, is suspected. The card cannot be resold. You do not have the right to stop the payment of any transaction you conduct with the Card. You may not use your Card to commit or facilitate any illegal or prohibited activity. Your Card is subject to minimum and maximum daily load, transaction, and withdrawal limits, as set out below. Netcoins may change these limits in accordance with Applicable Law and will post notice on www.netcoins.ca at 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. The change will take effect on the date indicated in the notice. Your Card (or card number) cannot be used for “cashback” transactions where a merchant charges you an amount greater than the price of the goods and services purchased. Your Card may also not work at unattended terminals (such as parking or pay at the fuel pump stations).
|Netcoins Card Limits*||Netcoins Visa Prepaid Card|
|Maximum number of Point of Sale (“POS”) transactions per day||15|
|Maximum amount per single POS transaction||$8,000|
|Maximum daily cumulative amount, POS||$8,000|
|Maximum monthly cumulative amount, POS||$30,000|
|Maximum number of ATM transactions per day||5|
|Maximum amount per single ATM transaction||$2,000|
|Maximum daily cumulative amount, ATM||$2,000|
|Maximum monthly cumulative amount, ATM||$10,000|
|Total daily limit (POS + ATM)||$10,000|
*These limits are determined based upon our risk management and financial crime compliance policies and may change from time to time. This chart is representative and reflects the limits at the time of publication of this Agreement. Current limits and a full copy of this Agreement are always available at https://www.netcoins.ca/cardholder-agreement/. You should regularly check these limits to ensure you have current information and monitor your Netcoins account notifications on the website for changes.
* Peoples Trust Company uses a 30-day rolling window to enforce these limits. These limits are determined based upon our risk management and financial crime compliance policies and may change from time to time. This chart is representative and reflects the limits at the time of publication of this Agreement. Current limits and a full copy of this Agreement are always available at https://www.netcoins.ca/cardholder-agreement/. You should regularly check these limits to ensure you have current information and monitor your Netcoins account notifications for changes.
Funds Loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).
Who Holds the Balance for your Card: Your Netcoins portfolio CAD balance and the prepaid program are held according to the Netcoins Terms. Peoples Trust Company does not hold the funds in your Netcoins portfolio CAD balance. As and when you carry out payment transactions with your Card, as per the Netcoins Terms, some or all of your Netcoins portfolio CAD balance shall be loaded in order to settle the Transaction Amount. The transfer or conversion of your Netcoins portfolio CAD balance occurs pursuant to the Netcoins Terms and are initiated by your use of the Card to make a payment or withdraw funds at an ATM. The Card enables you to access your Netcoins portfolio CAD balance as long as you act in accordance with this Agreement and with the Netcoins Terms.
Who Issues Your Netcoins Card: The Netcoins Card is issued by Peoples Trust Company pursuant to licence by Visa International Incorporated. This Agreement is between you and Peoples Trust Company. Netcoins is a distributor of the Netcoins Card. Netcoins is a service provider for Peoples Trust Company for the purposes of managing some aspects of the Netcoins Card program, such as providing balance information to Cardholders and delivering communications from Peoples Trust Company to Cardholders through the Netcoins website or using contact details provided on your Netcoins account. Where relevant to our relationship with you those services are referenced in this Agreement. Netcoins may offer and provide services to Cardholders as a service provider to the Cardholders, and not on behalf of Peoples Trust Company. Those Netcoins services provided to you by Netcoins are subject to agreements, if any, between you and Netcoins. PEOPLES TRUST COMPANY DOES NOT PROVIDE THOSE NETCOINS SERVICES AND IS NOT RESPONSIBLE FOR THEM, OR ANY LOSS, HARM OR DAMAGE OF ANY KIND YOU MAY SUFFER AS A RESULT OF USING NETCOINS SERVICES ON ANY THEORY OF LIABILITY, LEGAL, EQUITABLE OR OTHERWISE.
Lost or Stolen Cards: You must take all reasonable steps to protect your Card and/or PIN against loss, theft or unauthorized use. 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. If you lose your Card and/or PIN or you become aware that your PIN may have become known to someone else, 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 IMMEDIATELY lock your Card through the desktop application and notify customer service via one of the following methods: email firstname.lastname@example.org, messaging via the “help?” icon at the bottom right of our website and web app, or by calling us at 1-866-331-8748 Monday to Friday 7am - 5pm PST. If you do not notify us IMMEDIATELY then all transactions carried out on your Card before you notify us will be considered to have been made by you.
Split Tender Transactions: If your Netcoins portfolio CAD balance 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 funds on your Netcoins portfolio CAD balance 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 do not have to and may not agree to 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 Company 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.
Key Cardholder Responsibilities under this Agreement:
- You must take all reasonable steps to protect the Card (and PIN, if applicable) against loss, theft, or unauthorized use. If you lose the Card (or PIN), you must call customer service immediately.
- You must activate the Card as instructed upon receipt of the Card.
- You must surrender the Card to us immediately upon request by us.
- You must ensure that there are sufficient funds in your Netcoins portfolio CAD balance to cover the full amount of transactions made with the Card.
- If your information associated with the Card changes, you must notify us of the change(s).
- If you become aware that your information associated with the Card is incorrect, you must notify us of the correct information.
- If you find an error in any transaction record, you must communicate the error to the merchant with whom you made the transaction.
- If you wish to dispute a transaction on your Card, you must notify us in writing of your dispute within sixty (60) days of the transaction date.
- You must only use our online resources as set out in ‘Website and Availability’, below.
DETAILED TERMS AND CONDITIONS DEFINITIONS
“Netcoins Account” refers to your regular account with Netcoins to facilitate your Balance or spending conducted via your Card supported by the Netcoins website or App.
“Agreement” means this Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to in this Cardholder Agreement, which govern your use of the Netcoins Visa Pre-paid Card.
“Amendment” refers to any change to a term or condition of this Agreement or to the addition of a new term or condition.
“Applicable Law” means, in relation to any person, property, transaction or event, all applicable provisions of: (a) statutes, laws (including the common law), rules, regulations, decrees, ordinances, codes, proclamations, treaties, declarations or orders of any Governmental Authority; (b) any consents or approvals of any Governmental Authority; (c) any orders, decisions, advisory or interpretative opinions, injunctions, judgments, awards, decrees of, or agreements with, any Governmental Authority; and (d) any bylaw, operating rule or regulation of Visa, in each case applicable to or binding upon such person, property, transaction or event.
“ATM” means an Automated Teller Machine.
“Balance” or “Netcoins Portfolio CAD Balance” means the amount of Canadian Dollar (CAD) funds available on your Netcoins account and reflects the total amount of funds as spendable on the Netcoins Card.
“Cardholder” refers to the Netcoins Visa Prepaid Card activated, received, signed or used by the Cardholder.
“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.
“Foreign Exchange Charge” means the foreign exchange service charge of 1.5% charged to you for each foreign currency transaction.
“Governmental Authority” means the government of Canada or of any other nation, or of any political subdivision thereof, whether state, provincial, territorial or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government, including any supra-national bodies, a Minister of the Crown, the Office the Superintendent of Financial Institutions or other comparable authority or agency.
“Load” or “loading” means adding or transferring funds to the Card to complete a purchase from your Netcoins Wallet.
“Netcoins App” means the Netcoins desktop application or mobile application operated by Netcoins Inc. and available from the App Store and Google Play™.
“Netcoins Visa Prepaid Card” means a plastic or virtual Netcoins Visa Prepaid Card.
“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.
“People Trust” means Peoples Trust Company and its affiliates, successors and assigns.
“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” means the amount that is debited from the Netcoins portfolio CAD balance in connection with your use of the Card, which includes the amount of the Balance to be transferred, the Card service charges and the taxes imposed to complete the transaction.
“Visa” means Visa International Incorporated and its successors and assigns.
“Visa Conversion Rate” means the rate that we pay to Visa to convert foreign currency to Canadian currency plus foreign exchange charge.
“we”, “us”, “our”, and “issuer” means Peoples Trust and our assignees.
“Website” means the www.netcoins.ca website operated by Netcoins Inc.
“You”, “your”, and “yours” means the Cardholder.
NETCOINS CARD USE
The Card: The Card is a Visa prepaid card that can be used anywhere that Visa is accepted, including mail order, online, telephone and POS retail merchants, subject to the terms of this Agreement.
Activating the Card: The Physical Card cannot be used for any purpose until it has been activated in accordance with the instructions in the Netcoins web or mobile app.
Use and Ownership of Your Netcoins Card:
Only people who can lawfully enter into contracts and are the age of majority in the Canadian province or territory where they live can have a Card. We may refuse to issue a Card to you or allow you to use your Card to make a purchase at any time and for any reason. The Card is owned by us and will remain our property; resale of the card is not permitted. The Card is not a credit card, charge card, or debit card, and its usage will not enhance nor improve your credit rating. We will mail the Card to the address you provide. You will be solely and completely responsible for the possession, use and control of the Card. If we request it, you must return the Card to us immediately. Your Card may not be used for any illegal or prohibited transactions or purposes. If you authorize another person to use the Card you agree, to the extent permitted by Applicable Law, that you will be liable for all transactions arising from use of the Card by such person.
Using Your Netcoins Card as a Method of Payment: Subject to the terms of this Agreement, you may access your Netcoins portfolio CAD balance to purchase goods and services wherever Visa is accepted, including mail order, online and POS retail merchants. The physical Card includes a PIN that can be used to withdraw up to the amount of the Balance available on the Card, or, if lower, the maximum amount permitted under this Agreement, in cash at ATMs displaying the Visa or Plus* 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 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. We are not liable to you for declining authorization for any particular transaction, regardless of our reason. We may, in our sole discretion, cancel or suspend any features or services of the Card at any time, with or without cause, as permitted by Applicable Law. When required, we will send you notice before doing so.
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 plastic.
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 your Balance will not cover the transaction amount plus the additional amount. A pre-authorization places 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 between five (5) and fifteen (15) business days for most standard merchants, including hotels, cruise lines and car rental agencies. During the hold period, you will not have access to the pre-authorized amount.
Access to Your Netcoins Portfolio CAD Balance: You may obtain information about the remaining funds on your Netcoins Portfolio CAD Balance by accessing the Netcoins website, or by calling customer service’s toll-free number at 1-866-331-8748. Transaction history information is available in the Netcoins website. We will, upon your request, send to you an electronic statement of each POS transaction or ATM transaction for which you use the Card. It is your responsibility to obtain such a record and ensure that it is accurate. We are not responsible for providing you with any transaction record or periodic statement.
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 CAD Balance available on your Netcoins account. You agree to reimburse us, for any excess cash or credit received, upon demand.
You are not allowed to exceed your funds available on your Netcoins portfolio CAD balance for any transaction or cash withdrawal. It is your responsibility to ensure that there is a sufficient Balance on your Netcoins account to cover transactions. Your Balance 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.
In the event that there are insufficient funds in your Netcoins portfolio CAD balance to pay fees, we may deactivate the Card without notice. 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 in your Netcoins account is brought back to a positive Balance. You must not attempt to cause the Card to have a negative Balance. If a negative Balance is created on the 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 the 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 at 1-866-331-8748 if you wish to continue using the Card.
If there is no activity on the Card for ninety (90) consecutive days and the Balance on the Card is zero dollars ($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 at 1-866-331-8748 if you wish to continue using the Card. If the Netcoins portfolio CAD balance is zero dollars ($0.00) or negative and there have been no transactions for one hundred and twenty (120) days, we may close the Card.
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 may not be the same as the rate that existed on the date the transaction was made. We add a Foreign Exchange Transaction Fee to your transaction amount. 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 also the rate that we pay to Visa. This 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. We subtract a Foreign Exchange Transaction Fee from the amount that we refund to your Card.
Card “Good Thru” Date: The Card will be valid and usable until the “good thru” date. Contact customer service 1-844-515-2646 to receive a replacement Card with a new, expiry date, provided that your Card is in good standing. You are still entitled to the funds loaded on the Card after the Card itself expires.
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 client 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 your Netcoins account. It can be used without a PIN to make purchases. We will refund any remaining Balance after we have processed all transactions completed before we had an opportunity to act on your information or, if the Visa Zero Liability Policy applies, all transactions for which you are covered under the Visa Zero Liability Policy. You may lock your card within the Netcoins website or call 1-866-331-8748 for the 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, where applicable) will be issued within two (2) business days after you report the Card lost or stolen to customer service at 1-866-331-8748 and consent to a card re-issue.
With the Visa Zero Liability Policy, you will not be liable for any unauthorized use of the Card on any transactions processed by Visa. The Visa Zero Liability Policy will not generally apply to commercial cards or transactions or to transactions, such as Direct Debit, which are not processed by Visa. In any case, you must notify us (at 1-866-331-8748) immediately of any unauthorized use. You must establish to our satisfaction that you are not responsible for the disputed transaction. Verification of a Zero Liability claim can take up to one hundred and twenty (120) calendar days once all the paperwork has been received and confirmed by us, and may require a police investigation.
COLLECTING AND USING YOUR PERSONAL INFORMATION
Personal Information Consent: By applying for a Card, you consent to the collection, use, disclosure and retention of your personal information by us and our service providers for purposes relating to your application for a Card and your use of a Card (if issued to you) and as otherwise described below. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use a Card. As explained below, you may withdraw your consent at any time by cancelling your Card and all related services from us by contacting customer service at 1-866-331-8748.
What We Collect: We and Netcoins, acting as our service provider, will collect information about you (e.g. your name, address, telephone number and date of birth) when you apply for a Card and, if a Card is issued to you, we, Netcoins and Netcoins’ providers of services related to your card, including Netcoins’ processor 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 Netcoins will collect your Cardholder Information directly from you and from other sources, including third party providers of identity verification, demographic and fraud prevention services, publicly available sources, such as internet sites, government agencies, and registries.
How we Use, Retain and Disclose Your Personal Information: We will disclose your Cardholder Information to our providers of services related to your Card, including Netcoins’ processor to assist us to provide services to you and to provide related services to us. We and our providers of services related to your Card, including Netcoins’ processor 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 our systems and services from 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 providers of services related to your Card, including Netcoins’ processor may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). As such, your Cardholder Information may be subject to foreign laws (which might be different from the laws of the jurisdiction in which you are located) and may be accessible to foreign courts, governments, law enforcement and regulatory agencies and security authorities without notice.
We will use and rely on your Cardholder Information to issue and administer your Card and provide related services. We and our providers of services related to your Card, including Netcoins’ processor will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform customer service, by emailing email@example.com or calling 1-866-331-8748, of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information.
Safeguarding Your Personal Information: We protect personal information in our possession or control from loss, theft, alteration and misuse. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. Although technologies can make it easier for fraud to occur, we employ around the clock monitoring systems and controls to detect and prevent fraudulent activity. We also build fraud prevention measures into our due diligence processes and regularly update our fraud detection/prevention methods. While we take precautions to protect your personal information from loss, theft, alteration, or misuse, no system or security measure is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate measures to protect your personal information as well.
Contacting You: We and our providers of services related to your Card, including Netcoins’ processor may use your Cardholder Information (including your phone number and your email address) to contact you, including by regular and electronic mail, telephone call (including by pre-recorded or artificial voice messages and automatic telephone dialing systems) and instant messaging, regarding your Card and related matters, regardless of whether you incur any long distance or usage charges as a result.
We and our providers of services related to your Card, including Netcoins’ processor may monitor and record our communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes. You consent to Peoples Trust and its service providers sharing this information for audit related purposes to ensure you are receiving the best possible customer service.
Withdrawing Your Consent: You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by contacting customer service (by emailing firstname.lastname@example.org or calling 1-844-515-2646 Monday to Friday from 7am-5pm PST) 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 our systems and services from 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.
Use by Netcoins or Other Parties: In addition to the foregoing, if you consent to Netcoins or other third party collecting and using your personal information (including Cardholder Information) for their own purposes (not as our service provider), including to provide you products and services of Netcoins Programs, 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 Netcoins or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by Netcoins 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. In order to obtain information on our privacy policies and practices as well as those of our domestic and foreign service providers, and/or in order to request access to, or rectification of, your Cardholder Information, you may contact Netcoins Customer Service by email at email@example.com.
Arbitration (not applicable to residents of Québec): TO THE EXTENT PERMITTED BY APPLICABLE LAW, subject to all other terms of this Agreement, you agree that any claim of any kind arising from or related to this Agreement or the use of the Card (i) shall be resolved by final and binding arbitration before a single arbitrator and (ii) shall not be brought through class or individual litigation proceedings. To the extent not prohibited by Applicable Law, if such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.
DISPUTES AND COMPLAINTS
Disputes: If you believe a transaction on your Card is incorrect, you must notify us of your dispute within sixty (60) calendar days of the transaction date. Following your notification, you will need to complete and email a dispute form to the customer service team within ninety (90) calendar days of the transaction date. You can obtain a dispute form by emailing customer service at firstname.lastname@example.org or by calling 1-866-331-8748. Please note that this form must be received within ninety (90) calendar 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 Netcoins Card, first attempt to resolve the complaint or inquiry by calling the toll-free customer service number at 1-866-331-8748. If customer service is unable to resolve the complaint or inquiry to your satisfaction, please submit your complaint or inquiry through the form found on our website: http://www.peoplestrust.com/en/about-us/contact/. We will do our best to resolve your complaint or inquiry. If you have a complaint or inquiry about any aspect of the Netcoins Platform, please contact Netcoins directly. Peoples Trust Company does not provide the services relating to operation of Netcoins Programs.
If 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 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, Telephone: 1-866-461-3222, www.fcac-acfc.gc.ca
Our complaints policy can be found online at: http://www.peoplestrust.com/en/about-us/ resolving-your-concerns/
The following legal terms and conditions also form part of your Agreement with us.
AMENDMENTS AND OTHER LEGAL REQUIREMENTS
Notification and Change of Terms: 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, without giving you notice. Following any such change, the terms of the Agreement will continue to apply. It is your responsibility to review the terms periodically to learn of any modifications. However, for significant or material changes such as a fee change or important changes to your Netcoins Card, we will provide you with a clear and conspicuous written notice at least thirty (30) days before the proposed Amendment comes into force. The notice will be sent to you via the Netcoins website or App, or by email 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.
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. If you choose to rescind this Agreement, the Cancellation section of this Agreement will apply. Notification of any Amendment will also be posted on the Website at least sixty (60) days in advance of the effective date of the Amendment, unless otherwise required by Applicable Law. 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, by contacting customer service at 1-844-515-2646 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 notify us by delivering notice to Netcoins or sending notice to us 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 us or to Netcoins, as applicable, and the next business day after electronic mail.
Cancellation: You may at any time terminate this Agreement by calling 1-866-331-8748 or notifying the Netcoins team in writing at email@example.com. You will be required to answer verification questions before the Card cancellation can take place.
We may terminate this Agreement at any time, at which time you will immediately destroy the Card. You may at any time terminate this Agreement by calling 1-866-331-8748. We may terminate this Agreement at any time, with or without cause. Upon Agreement cancellation, your card will also be cancelled, and you should destroy it immediately.
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.
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.
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 Netcoins 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 Netcoins 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 Netcoins Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited to you. If we do not exercise our rights under this section, we do not give up our rights to exercise them in the future.
Disclaimer of Warranties: EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT AND EXCEPT FOR ANY APPLICABLE WARRANTIES AVAILABLE UNDER APPLICABLE LAW (INCLUDING THE CONSUMER PROTECTION ACT(QUÉBEC)), WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability: EXCEPT IN QUÉBEC, OR 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.
Website and Availability: Although considerable effort is made to ensure that our 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, 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 and 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: At our sole discretion, we may assign (legally transfer) to another person or company 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 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.
Governing Law; Submission to Jurisdiction: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable herein. FOR RESIDENTS OF QUEBEC ONLY: The parties attorn to the jurisdiction of Quebec and this Agreement will be construed in accordance with and governed by the laws of the province of Quebec and the laws of Canada applicable therein.
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.