Peoples Trust Company

Nextwave Titanium+ Prepaid Visa®Cardholder Agreement

This Cardholder Agreement ("Agreement") constitutes a binding agreement between Peoples Trust Company ("Peoples Trust") and you (the "Cardholder") with respect to the terms of use of the Card that you receive from an authorized distributor ("Distributor") of Peoples Trust. By accepting the Card from the Distributor, you agree to be bound by and accept the terms and conditions set out herein. In this Agreement, the words "you", "your" and "yours" mean the Cardholder and any person who uses the Card. "We", "us", "our", "Issuer" and "Peoples Trust" mean Peoples Trust Company, and all associated and affiliated third parties required to fulfill and manage your Card. You should keep a copy of this Agreement with your important records. Verified by Visa ("VbV") is a program designed to help make shopping online more secure. By registering a password for your Card with the VbV service and shopping online at VbV merchants, your Card can only be used by you to make online purchases.

The Distributor will provide you with a temporary prepaid Visa Card ("Instant Issue Card") issued by Peoples Trust. Peoples Trust will issue to you by mail to the address you provide to the Distributor a permanent Card with your name on it ("Permanent Card"). In this Agreement, the word "Card" will mean both the Instant Issue Card and the Permanent Card. The Instant Issue Card will operate as a Card until the earlier of one (1) year from the date of issue or the date you activate your Permanent Card. You must sign the back of the Cards immediately upon receipt and before making any use of the Cards. Your signature is evidence of your consent to be bound by the terms and conditions of this Agreement.

Ownership

The Card is owned by Peoples Trust and will remain the property of Peoples Trust. The Card is provided to you for use so long as you continue to act in accordance with the terms and conditions set out in this Agreement as amended from time to time. You agree to return the Card to Peoples Trust, or as Peoples Trust instructs, immediately upon request by Peoples Trust. The Card is provided to you, the Cardholder, only. You may not sell, assign or transfer the Card to a third party without the consent of Peoples Trust. Cardholders are restricted to one Card per person.

Use

You agree to use the Card only for legal purposes. You may access any funds available on the Card (“Balance”) to purchase goods and services wherever Visa is accepted ("POS Transaction"). The Card includes a Personal Identification Number ("PIN") and can be used to access any Balance available on the Card to obtain cash at ATMs displaying the Visa or Cirrus® Acceptance Marks. When you use the Card, the amount of the purchase plus any applicable fees and taxes for the transaction will be deducted from the available Balance associated with the Card. It may also be used for other services offered by Peoples Trust to the Cardholder from time to time.

The Card will be valid and usable until either the Balance is used or the expiration date of the Card, whichever occurs first. Provided there is a minimum Balance of $10.00 on the Card and you call Customer Service at least two weeks prior to the expiration date on your Card, a replacement Permanent Card with a new, extended expiry date will be sent to you. To obtain a Balance on the Card, you will provide funds to the Distributor or any other authorized merchant that offers the Card on behalf of Peoples Trust. This hereafter shall be referred to as "loading" the Card. 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 types. The maximum Balance that you have on the Card at any time may not exceed $10,000.00. The maximum and minimum Balance amounts that you may load on the Card in any 24 hour period are $7,500.00 and $10.00, respectively. The maximum amount allowable for purchases of goods and services is $7,500.00 per day and the maximum amount allowable for cash withdrawals from ATMs is $1,000.00 per day (combined ATM and POS Transaction daily limit is $7,500.00). The total number of POS Transactions may not exceed thirty (30) per day and the total number of ATM cash withdrawals may not exceed ten (10) per day. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE AVAILABLE ON YOUR CARD FOR ANY POS TRANSACTION OR ANY ATM TRANSACTION. It is the Cardholder’s responsibility to ensure that there are always sufficient funds on the Card to cover the transaction. Some types of retail transactions can result in a negative Balance on your Card, if you have not ensured that there are sufficient funds on the Card to cover the transaction. In this event, you will be responsible for the negative Balance on your Card, as well as a $10.00 overdraft fee. From time to time, Peoples Trust may change the maximum Card limits, the maximum and minimum load limits and the maximum POS Transaction and ATM transaction limits without prior notice to you.

You may obtain information about the remaining Balance on the Card by calling us toll free 24 hours a day, seven (7) days a week at 1-888-252-9535 or accessing the website at www.mytitanium.ca (the "Website") or signing up for email and web-based text alerts to your cell phone. Statement information is available online at www.mytitanium.ca. Peoples Trust will, upon your request and for a fee, 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. If you identify an error in any transaction record, you must address such error with the applicable merchant or ATM operator. Furthermore, you must notify Peoples Trust by calling toll free at 1-888-252-9535 or going online at www.mytitanium.ca within thirty (30) days after the receipt is issued on which the problem or error appeared, failing which People Trust will have no responsibility to assist you to rectify the situation.

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 Company will not be liable for any costs incurred by you as a result.

In the event that you receive cash or credit in excess of what has been paid by you through error or mistake of Peoples Trust or otherwise, Peoples Trust may correct such error when discovered and adjust the Balance available on the Card. You agree to reimburse Peoples Trust for any excess cash or credit received forthwith upon demand.

If the available Balance on the Card is not sufficient to complete a transaction or purchase and pay any associated fees and taxes, the transaction will most likely be declined. You can ask the merchant if they will accept a Split Tender Transaction. This will enable you to use the available Balance on your Card and cover the difference with another form of payment. Merchants are not obliged to accept Split Tender Transactions.

A merchant may not process a credit to your Card unless Peoples Trust is able to verify a previous debit transaction by that merchant for an amount equal to or greater than the amount of the credit.

The funds provided by you to the Distributor to pay for the Balance loaded on the Card are not a deposit and do not establish a separate individual deposit account. You will not receive interest on the Balance on the Card or on the funds you provide to the Distributor. The Balance on the Card is not insured by the Canada Deposit Insurance Corporation (CDIC).

If you report an erroneous Card transaction and our investigation shows that it was not the fault of the merchant or ATM operator, a $15.00 Chargeback fee will be applied to your Card Balance.

If your Card has a negative Balance and three consecutive transactions are conducted while the Card is in this state, Peoples Trust 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, Peoples Trust will put the Card into a dormant state so that no other transactions can be processed. You can call Customer Service to have your Card reactivated. A fee applies to this service.

If there is no activity on your Card for ninety (90) consecutive days and the Balance on the Card is $5.00 or less, Peoples Trust will put the Card into a dormant state so that no other transaction can be processed. You can call Customer Service to have your Card reactivated. A fee applies to this service.

If your Card has a Balance of $7.50 or less and there have been no transactions for one hundred and twenty (120) days, Peoples Trust may close your Card account and clear the remaining Balance.

Lost or Stolen Card or PIN

If you lose your Card, someone might be able to use the Balance on the Card. It can be used without a PIN to make purchases. You are solely responsible for the care and control of your Card and for maintaining the confidentiality of your PIN. The PIN is provided solely for your use and security when withdrawing cash from ATMs. You should not maintain a written record of or disclose the PIN to any third party, including family members and friends. Avoid PIN combinations that may be easily guessed by others. 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 the Issuer that you are not responsible for the disputed transactions. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days, once all 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, whether initiated by you or anyone else using your Card and 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 toll free at 1-888-252-9535. If you give us the name on the Card and the Card number, Peoples Trust will refund any remaining Balance less a $10.00 processing fee after we process all transactions that were completed before we had an opportunity to act on your information. Peoples Trust will have a customer service representative or an automated voice response service available seven (7) days a week, 24 hours a day that will allow immediate cancellation of the Card upon your request. You will be required to answer an identifying question drawn from your personal information. You must exercise reasonable care in safeguarding the Card from risk of loss or theft. A replacement Card with any remaining Balance less our fees will be issued within ten (10) days after you report the Card lost or stolen to ensure that all transactions have been processed properly.

Personal Information Consent

NOTICE OF DATA PROTECTION AND PRIVACY POLICY: Information We Collect/Information Security: Peoples Trust may obtain personal information (“Cardholder Information”) about you, including information (i) provided to us by the Distributor, such as your name , address, telephone number and date of birth, (ii) provided by you during Customer Service calls, and (iii) about purchases you made with the Card, such as the date of the purchase, the amount and the place of purchase. We may also obtain information from providers of identity verification data and demographic information, in connection with our efforts to protect against fraudulent or unauthorized use of the Card and regulatory compliance. You may communicate with us through our Customer Service toll-free number or the Website in section 6 of the Agreement 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. Peoples Trust also maintains physical, electronic, and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.

Disclosure: We may use Cardholder Information to process Card transactions, to provide Customer Service in other countries in which we service our Cardholders, to process claims for lost or stolen Cards, to help protect against fraud, and to conduct research and analysis with our Cardholders through mail, phone or email surveys. If you have provided your consent, we and/or our Distributor may use Cardholder Information for direct mail communications and/or emails about upcoming promotions and offers. Issuer will provide information about you and your participation in the program to the Distributor. Issuer may provide certain Cardholder Information to others as permitted by law, such as to government entities or other third parties in response to subpoenas.

You recognize that the processing of the personal information you provide to us may involve the information being transferred to individual or organizations outside the jurisdiction in which you reside (including disclosure to individuals or organizations in the United States). The laws on data protection in such other jurisdictions 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 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 cut the card in half, return the card to us, communicate with Customer Service and request we cancel the Card and discontinue any further use of your personal information. Any Balance, less a $10.00 processing fee, will be returned to you by Peoples Trust.

Fees

Card fees will be disclosed to you at the time of the issuance of the Instant Issue Card or will be posted in the Distributor's location. Card fees are also available online at www.mytitanium.ca. You acknowledge being advised of the fees and agree to pay applicable fees in effect for the services available under this Agreement.

Without limitation, fees may be charged by Peoples Trust for Card issuance, Card loading and reloading, monthly maintenance, ATM fees, Card replacement, de-activation, re-activation, Card statements and any other fees published as described herein. Fees may be changed by Peoples Trust from time to time by posting notice on the Website and new fees will become effective ten (10) days after publication thereon, ("Effective Date"), whether or not you have actually received such notice. By use of your Card after the Effective Date, you agree to the new schedule of service and fees. You are aware that when using the Card, ATM operators and merchants may charge separate additional fees for their services.

No 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, the failure of any retailer to honour the Card, or the failure of an ATM machine to dispense cash. Peoples Trust and the Distributor 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' system or equipment, or with an ATM.

If you have a complaint or inquiry about any aspect of your Card Balance, please call our complaint officer at 1-855-694-6214. Peoples Trust will do our best to resolve your complaint or inquiry. If for some reason we are 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. You may also communicate the complaint or inquiry to: Financial Consumer Agency of Canada, 427 Laurier Avenue West, 6th Floor, Ottawa, ON, K1R 1B9, Tel: 1-866-461-3222. With respect to any action or claim related, directly or indirectly, to a complaint or inquiry, you agree that joinder or consolidation of any action with the action or actions of any other persons is not permitted and you will not request and will oppose any such joinder or consolidation. Furthermore, you agree not to commence or participate in any class action either as a representative plaintiff or as a member of a plaintiff if the class action involves directly or indirectly any complaint or inquiry arising out of or related to this Agreement.

Cancellation

You may at any time terminate this Agreement by surrender of the Card to the Distributor and the Distributor shall reimburse you in cash any outstanding Balance remaining on the Card less any outstanding fees. Alternatively, you may call 1-888-252-9535 and cancel the Card and a cheque will be mailed to you within forty-five (45) business days. Peoples Trust may terminate this Agreement at any time, at which time you will immediately return the Card to Peoples Trust or as Peoples Trust directs. Peoples Trust or its agent shall reimburse you any outstanding Balance remaining on the Card less outstanding fees. In the event that there is not a sufficient Balance on the Card to pay monthly maintenance fees, Peoples Trust may de-activate the Card without notice. You may be required to pay a re-activation fee thereafter to use the Card. Despite any termination of this Agreement, you must fulfill all of your obligations under this Agreement.

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.

Amendment

Subject to the provisions of clause 22 hereof, Peoples Trust may amend this Agreement by posting changes to this Agreement or a replacement form of this Agreement on the Website or sending notice to you via email or postal mail. Any changes will be effective on the Effective Date of the amendment and you will be deemed to accept and be bound by the amendment upon use of the Card following the Effective Date. 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.

Notice

Peoples Trust may effect notice to you specifically by regular mail postage prepaid to the address provided by you to the Distributor or to your last email address provided to the Distributor. Peoples Trust may effect notice to you as part of all of a class of Cardholders by posting notice on the Website. 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 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 the Distributor and the next business day after electronic mail.

Governing Laws

This Agreement will be governed by the laws of the province where you first obtain the Card. The parties submit to the exclusive jurisdiction of the courts of that province in relation to any dispute arising out 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.

Limits & Fees

CHOOSE THE PLAN THAT'S RIGHT FOR YOU

If you're planning to regularly load your card and use it for purchases more than twice a week, than save money with our convenient Flat monthly fee plan. Using your card for occasional purchases? Then our Pay-as-you-go plan could be right for you. Call customer service or go online at www.mytitanium.ca and send us an email to switch from pay-as-you-go to the Flat fee plan anytime. The choice is yours.

This card is issued by Peoples Trust Company pursuant to license by Visa Inc. This card is owned by the issuing institution. Use of the card is governed by the agreement under which it is issued.

Fee Category Fee Type Flat Fee Plan Pay-As-You-Go Plan
SCHEDULE OF FEES AND LIMITS
Set-up
Service
Activation Fee (one time)
Monthly Fee
$20.00 + tax
$15.00
$20.00 + tax
$7.50
Add Money Online bank transfer
Cash (in-store)
DirectLoadTM
FREE
FREE
FREE
$2.50
$2.50
$2.50
Get Money ATM*
International ATM
In-store cashback
FREE*
$3.00 + 3%*
FREE
$2.00*
$3.00 + 3%
$2.00
Spend Money Signature
Foreign Transactions
FREE
3% of transaction amount
$0.50
3% of transaction amount
Share Money Card to Card transfers $5.00 $5.00
Information Text or email alerts
Online Account Information
Automated Customer Service
Live Customer Service
Monthly Statement
ATM Balance Inquiry*
FREE
FREE
FREE
$1.50/call
$3.00
FREE*
FREE
FREE
FREE
$1.50/call
$3.00
FREE*
Caution Replacement Card
ATM decline
Card cancellation
Chargeback
$5.00
No charge*
$10.00
$15.00
$5.00
No charge*
$10.00
$15.00

Other fees may apply, see Cardholder Agreement for details
*Third party fees may apply

OTHER FEES AND CARD LIMITS
Maximum daily card load $7,500.00
Maximum card Balance $10,000.00
Maximum daily ATM or cash withdrawal $1,000.00
Maximum daily in-store withdrawal $5,000.00
Maximum daily sales transactions $7,500.00
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