Peoples Trust Company
Nextwave Titanium Plus Prepaid Visa® Agreement

  1. This Prepaid Visa Card Agreement constitutes a binding agreement between Peoples Trust Company (“Peoples Trust”) and You (the “Customer”) with respect to the terms of use of the prepaid Visa 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” means the Customer and any person who uses the Card. You should keep a copy of this Agreement with Your important records.
  2. 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 prepaid Visa 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) from the date of issue and the date You activate the Permanent Card. You must sign the back of the Cards immediately upon receipt and before making any use of the Cards. Your signature is an evidence of Your consent to be bound by the terms and conditions of this Agreement.

    3. Ownership

  3. 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 directs immediately upon request by Peoples Trust. The Card is provided to You, the Customer, only. You may not sell, assign or transfer the Card to a third part without the consent of Peoples Trust.

    4. Use

  4. You agree to use the Card only for legal purposes. You may access any balance available on the Card 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 and/or transaction plus any applicable fees 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 Customer from time to time.
  5. The Card will be valid and usable until either the balance is used or the expiration date of the Card, whichever comes 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 that You may load on the Card in any 24 hour period is $10,000.00 and $10.00, respectively. The maximum amount allowable for purchases of goods and services is $10,000.00 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 $10,000.00). Cardholders are restricted to one Card per person. The total number of POS Transactions may not exceed 30 per day and the total number of ATM cash withdrawals may not exceed 10 per day. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE AVAILABLE ON YOUR CARD FOR ANY POS TRANSACTION OR ANY ATM TRANSACTION. Cardholders must 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 even, 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.
  6. You may obtain information about the remaining balance on the Card by calling us toll free 24 hours a day, 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 cellphone. Statement information is available on line at www.mytitanium.ca. Peoples Trust will, upon Your request and for a fee, mail to You a written statement of transaction made with Your card.
  7. 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 to provide You with any transaction record or periodic statement. If You identify an error in any transaction record, You must address such error to the applicable merchant or ATM operator. Furthermore, You must notify Peoples Trust by calling toll free at 1-888-252-9535 or go 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.
  8. 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.
  9. 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.
  10. If the available balance on the Card is not sufficient to complete the transaction or purchase and pay any fees, the transaction may be denied. 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 obligated to accept Split Tender Transactions.
  11. 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.
  12. The funds provided by You to the Distributor to pay for the balance loaded on the Card is not a deposit and does not establish a separate individual deposit account. You will not receive interest on the balance on the Card or the funds You provide to the Distributor. The balance on the Card is not insured by the Canada Deposit Insurance Corporation.
  13. 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.
  14. 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.
  15. If Your Card has a negative balance for 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.
  16. If there is no activity on Your Card for 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.
  17. If Your Card has a balance of $7.50 or less and there have been no transactions for 120 days, Peoples Trust can close Your Card account and clear the remaining balance.

    18. Lost or Stolen Card or PIN

  18. If You lose the Card, someone might be able to use the balance on the Card. It may be used without a PIN to make purchases. You are solely responsible for the care and control of the Card and for maintaining the confidentiality of the PIN. The PIN 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 a third party, including family members and friends. Avoid PIN Combinations that may be easily determined by others. With 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. Verification of a zero liability claim can take up to 60 days and may require a police investigation. The zero liability policy does not apply to ATM transactions where the PIN is used. You are responsible for all uses of the Card with the PIN at an ATM, whether initiated by You or anyone else using the Card and PIN.
  19. 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 Peoples Trust processes all transactions completed before Peoples Trust has 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, 24 hours a day that will allow immediate cancellation of the Card upon Your recording. You will be required to answer an indentifying question 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 10 days after You report the Card lost or stolen to ensure that all transactions have been processed properly.

    20. Personal Information Consent

  20. So that Peoples Trust may issue the Card to You through the Distributor, an authorized Distributor may load or reload the Card, and Peoples Trust and the Distributor may provide the Card services described in this Agreement to You, Peoples Trust and the Distributor will collect and use Your personal information, including, but not limited to Your name, address, telephone number and date of birth, and may access details of the use of the Card. This personal information will be used by Peoples Trust and the Distributor to confirm Your identity, obtain a credit report, provide Card services to You, provide notifications, communicate with You by telephone or writing, report any governmental body or agency that Peoples Trust may be required to report to, report to a credit bureau or to a third party collection agency, and to collect any amounts owed by You to Peoples Trust and will be shared with Peoples Trust’s service providers to offer You specialized products and services or assessing whether such products and services are of interest to You. Except as required by law or as stated herein, Peoples Trust and the Distributor will maintain Your personal information in confidence and will not disclose Your personal information to persons (other than each other for the purposes of this Agreement) and Peoples Trust’s service providers without Your consent. You agree that Peoples Trust may add to or modify the uses of Your personal information by posting such additions or modifications on the Website and by provided notice to You by email to Your email address provided by You or by post to Your address provided by You. You may withdraw Your consent to such use, whether added or modified, at any time by notifying People Trust in writing. In the event consent is withdrawn, You must return Your Card to Peoples Trust. It will be cancelled and any balance, less a $10.00 processing fee, will be returned to You by Peoples Trust.

    21. Fees

  21. Card fees will be disclosed to You at the time of issuance of the Instant Issue Card or 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 service available under this Agreement.
  22. 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 then (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.

    23. No Liability

  23. 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 of 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.
  24. If You have a complaint or inquiry about any aspect of Your Card balance, please call our complaint officer at 1-877-694-6200. Peoples Trust 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. 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 complain or inquiry arising out of or related to this Agreement.

    25. Cancellation

  25. 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 30 Business days. Peoples Trust may terminate this Agreement at any time, at which time Your will immediately return the Card to peoples Trust or as Peoples Trust directs.

    26. Entire Agreement

  26. 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.

    27. Amendment

  27. Subject to the provisions of clause 21 hereof, Peoples Trust may amend this Agreement by posting changes to this Agreement or replacement for of 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, Your agree to immediately stop using the Card and notify Peoples Trust that you are terminating this Agreement.

    28. Notice

  28. 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 email. 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.

    29. Governing Laws

  29. 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.

    30. Severability

  30. 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.

    31. Limits & Fees

  31. 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 out 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 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 owned by Peoples Trust Company pursuant to license by Visa Inc.

    Use of the card is governed by the agreement under which it is issued.