CARDHOLDER AGREEMENT
Citizens Bank Visa Prepaid Card
Ensure you read this Agreement as your rights
as a cardholder are strictly limited.
This Card is subject to fees as set out in Section 8 of this Agreement and as specifically
described on the card carrier, including a fee equal to the remaining unused balance
of funds on the card upon expiry of the card.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MUST NOT USE
OR ACCEPT THE CARD.
1. Introduction.
The following terms and conditions of this Agreement govern the Citizens Bank Visa
Prepaid Card issued by Citizens Bank of
2. Important Information regarding the Nature of the Card.
2.1 The Card issued with this Agreement:
a. is not valid until signed by you;
b. is not refundable and may not be cancelled by you;
c. is not a credit card;
d. is not (nor is your Balance or any other record relating to the Card) a deposit
with us nor is it related to or connected in any way with a bank account with the
Bank;
e. does not (nor does your Balance or any other record relating to the Card) constitute
evidence of indebtedness or liability of the Bank to you, except to honour transactions
initiated with the Card as provided in this Agreement;
f. is not assignable once it has been signed by you.
g. is not (nor is the Balance) insured by Canada Deposit Insurance Corporation.
2.2 The Card and its use are subject to the limits set out in these terms and conditions.
For greater certainty, you shall have no right to write cheques on or demand repayment
of the outstanding balance of available funds 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 who accept Visa as a form payment.
2.3 There is no interest payable to you on any available balance of funds on the
Card.
2.4 The sole right of a purchaser or recipient of a Card who does not sign the Card
and/or use it for his or her own use is the right to deliver the Card to a recipient
as a gift. The Card must be delivered
in its original Card Carrier and with this Agreement, even if the Card has been
removed from its original Card Carrier.
The purchaser or recipient of the Card shall have no right whatsoever to make any
claims against us or our Agents or to request a refund or cancellation of the Card.
3. Definitions.
The following definitions will apply to the following terms used in this document:
a. "Activate" and
"Activation" means the activation of the Card to enable you
to use the Card;
b. "Agent" means
our Card program manager and its affiliates and subcontractors and any person from
which you purchased the Card and which participates in a Citizens Bank Visa Prepaid
Card program;
c. "Agreement" means
this Cardholder Agreement;
d. "ATM" and “ABM” mean
an automated teller machine and automated bank machine respectively;
e. "Balance" means
the record maintained by us of the balance of available funds on the Card;
f. "Bank" means
Citizens Bank of
g. "Card" means
the Citizens Bank Visa Prepaid Card loaded with Canadian currency, including all
replacements thereof which may be issued from time to time in accordance with this
Agreement, and references to it include the Security Details;
h. "Card Carrier" means
the case and packaging in which your Card is presented, which displays important
information relating to your Card, including but not limited to fees relating to
your specific Card within the context of its Card program;
i. "Card Services" means
any services provided by us in connection with the Card;
j. "Customer Service Number"
means the toll free customer service number indicated on the back of your Card;
k. "CVV2" means
the three-digit number printed after the partial Card account number on the back
signature panel of the Card;
l. "Personal Information"
is the information that we collect when we provide you with Card Services, including
the transactions on your Balance and personal information we collect in or through
any application form, correspondence, e-mails, telephone calls and the internet;
m. "Security Details" means
any of the information given by you when applying for the Card or during Activation,
or any changes made to this information including, without limitation, the CVV2
number on the back of the Card;
n. "we",
"us", "our" means
the Bank, as issuer of the Card;
o. "Website" means the internet site
indicated on the back of your Card; and
p. "you",
"your" means the purchaser of the Card, or the recipient
of the Card as a gift, who signs the back of and/or uses the Card.
4. Issuing of Cards.
4.1 The Card is the property of the Bank and we may request you to return it to
us if we believe there is a good reason (including without limitation the reasons
described in Section 13.1 below) to ask for its return.
4.2 The Card may be used to purchase goods and services at merchants that accept
Visa as a form of payment and for no other purpose.
4.3 All use of the Card is limited to the amount pre-loaded and standing to the
credit of the Card from time to time, as shown on your Balance.
5. Activation.
The Card is Activated and ready to use at the time it is issued to the purchaser
of the Card unless otherwise indicated on the Card Carrier.
6. Use of the Card.
6.1 The Card is for your use alone and expires on the date printed on the front
of the Card.
6.2 The Card may not be used for any purpose after expiry.
6.3 When you present your Card, the merchant will prepare a sales draft which you
will be asked to sign. You will receive a copy of the sales draft and should keep
each draft until the transaction appears on your Balance. This will help you to
keep track of your spending and your Balance.
6.4 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.
6.5 The use of your Card to purchase goods and services from merchants constitutes
a simultaneous debit from and/or demand upon the available funds on your Card. For
each transaction, the amount of the transaction and any fees will be debited immediately
from the Balance and will reduce such available balance.
6.6 Each transaction will usually require authorization or validation before completion.
You acknowledge that once a transaction is authorized, whether or not you have received the goods or services at the time of authorization, your Balance will decrease by
the amount of such authorization.
6.7 If there is no Balance on your Card following the debit of any fee, we will
automatically cancel the Card and waive the balance of such fee, if any.
6.8 If you have a problem with a purchase you make with the Card or a dispute with
a merchant, you must deal directly with the merchant involved. If you are entitled
to a refund for any reason relating to a Card transaction, you agree to accept the
refund under the policy of the specific merchant with whom the original purchase
was made. Refunds may be in the form of a credit to your Card, cash refund or in-store
credit at the discretion of the merchant. Refunds in the form of a credit to your
Card will take two (2) to three (3) days to appear on your Balance.
6.9 You do not have the right to stop the payment of any transaction you conduct
with the Card.
6.10 "Cash back" transactions (i.e. transactions for an amount greater than the
price of the goods or service purchased) with the Card are not permitted.
6.11 Some merchants:
a. may not allow you to combine payment types (e.g. for a $20 purchase, using a
$10 cash payment and a $10 Card payment); and
b. including, but not limited to restaurants, hotels and car rental agencies, may
obtain authorizations in advance for Card transactions in an amount greater than
the final transaction amount (temporarily affecting the Balance on your Card available
to cover other transactions).
6.12 You are responsible for all authorized transactions initiated by use of your
Card and for all losses as set out in Section 11. If you permit someone else to
use your Card, you agree that we may refuse to authorize any transactions initiated
by such person with your Card, but if we authorize any such transactions we may
treat such person as authorized by you to use your Card and you authorize us to
debit the amount of such transactions from your Balance.
6.13 Your Card can only be used for a transaction if your Balance is sufficient
to cover such transaction.
6.14 If a negative balance of funds on your Card is created in error following any
transaction initiated or authorized by you, you agree to repay the amount of the
resulting negative balance to us within thirty (30) days of such transaction.
6.15 The Card is not intended to be used to access cash at an ATM or ABM. Attempts
to utilize the Card at an ATM will be declined.
6.16 You may not make pre-authorized regular payments through the use of your Card.
6.17 You may not use your Card for any illegal, improper or unlawful purpose. Where
a suspected illegal, improper or unlawful transaction is attempted, the transaction
may be declined.
6.18 You may use your Card for online transactions and at unattended terminals,
however, due to certain security features, we cannot guarantee your Card will work
on every website or unattended terminal.
6.19 You may not use your Card
at casinos or for any gambling activity.
6.20 We are not liable to you for declining authorization for any particular transaction,
regardless of our reason.
7. Your Balance.
7.1 The Card is limited to a maximum available balance of funds at any time.
7.2 You will be able to check your Balance and transactions applied to your Card
through the Website.
It is important
to know the Balance of your Card because merchants are unable to check it for you.
7.3 You will also be able to access your Balance by calling the Customer Service
Number anytime, 24 hours a day, seven days a week. You can check your Balance and
the last five (5) transactions applied to your Card by using our automated system
or by speaking directly with an operator to check all transactions applied to your
Card.
7.4 While we are confident about our systems and security levels, information sent
over the Internet may not be completely secure and the Internet and related online
systems may not function at all times. Accordingly, we are not responsible for any
loss or damages you may incur if a third party obtains access to your confidential
information transmitted over the Internet or if you are temporarily unable to access
your Balance information on the Website.
7.5 If we notice an error in your Balance that is our fault we will promptly correct
it.
7.6 If you notice any error or omission relating to the transactions on your Card
as recorded in your Balance then you must immediately notify us at the Customer
Service Number. We may request that you provide additional written information concerning
any error or omission. If you do not notify us within 30 days after the date of
a transaction of any error or omission relating to the transaction, the record of
the transaction in your Balance will be conclusively deemed to be correct, except
for any amount improperly credited to the Card. A microfilm or other copy of an
electronic record of a sales draft or other document relating to a transaction will
be sufficient to establish your authorization, and any other details, of the transaction.
7.7 Provided that you have complied with our reasonable requests for information, we will correct the error if it is our or any of our service providers' fault. If
we decide it is not our fault, we will notify you in writing or by e-mail as soon
as our decision is made.
7.8 If we decide we are at fault, there may be a delay in crediting your Card for
the error while our investigations are completed, but such a credit will normally
occur within ten (10) days.
8. Fees.
8.1 You authorize us to charge against your Balance the fees described in Sections
8.2, 8.3, 8.4 and 8.5. As we produce
Cards for various programs, the fees for your specific card are identified on your
Card Carrier. Unless prohibited by
law and subject to your Card Program, not all of the fees shown below may be applicable
to the Card.
8.2 If an initial purchase or load
fee applies to your Card, you will be charged the initial purchase or load fee indicated
on the Card Carrier.
8.3 If there is a Balance when the Card expires or is cancelled, a cancellation
fee equal to such Balance will ensue. When
your Card expires, the Card account will be closed.
8.4 If your Card is replaced in accordance with this Agreement, you will be charged
a $20.00 reissue fee for the replacement.
8.5 If the Card Carrier indicates a monthly maintenance fee it will be charged as
indicated beginning in the month indicated after the purchase and activation, unless
prohibited by law, until the value of the Card reaches $0.
9. Foreign Currency Transactions.
9.1 The Balance is in Canadian currency and is intended for transactions in Canadian
currency only.
9.2 If a transaction is made on your Card in a currency other than Canadian currency,
you authorize us to charge against your Balance the Bank's cost in Canadian currency
of obtaining the transaction amount in foreign funds, determined on the day we process
the transaction, plus an administration fee of 2.50% of the converted amount of
the transaction. You authorize us to deduct from the amount of any credit to your
Card, which we receive in foreign currency, the Bank's cost of obtaining Canadian
funds, plus an administration fee of 2.50% of the converted amount of the credit.
10. Card Security.
You must ensure you keep the Card secure by:
a. never allowing anyone else to use your Card;
b. not interfering with any magnetic stripe on the Card;
c. not giving the Card number to any unauthorized person;
d. not giving any Security Details to any unauthorized person;
e. complying with any reasonable instructions we give about keeping the Card and
any Security Details safe and secure.
11. Your Liability for Lost, Stolen and Misused Cards and Unauthorized Transactions.
11.1 You will be liable for ALL losses, damages and expenses whatsoever if:
a. your Card is lost or stolen, except as provided in Section 11.4;
b. your Card is misused with your consent;
c. you have been negligent (including, but not limited to, failing to look after
your Card resulting in unauthorized transactions being made); or
d. you have acted fraudulently.
11.2 If your Card is lost or stolen or if someone else may know your Card number,
you must notify us immediately by calling the toll free number on the back of the
card and provide your name, the Card number, date of expiry, original value and
transaction history to us. Accordingly, you should keep a secure record of the Card
number, date of expiry and your transactions with the Card. All transactions carried
out prior to such notification shall be deemed to have been authorized by you.
11.3 Your Card will be replaced at your request if it is lost or stolen, subject
to the following conditions:
a. you must notify us in the event your Card is lost or stolen in accordance with
Section 11.2;
b. we reserve the right to: conduct an investigation into the validity of any request;
require verification of your identity; and require you to provide an affidavit signed
by you in connection with your request;
c. you will be charged the reissue fee described in your Card Carrier; and
d. it may take up to 30 days to process your request.
11.4. Subject to the terms of Section 11.1, you will not be liable for any charges
incurred on your Card through a merchant which are identified by us as unauthorized.
11.5 If you have not registered the Card on the Website,
you authorize us to act in your place as cardholder to take any steps we deem necessary in the case of suspected or alleged fraudulent use of the Card or Card number.
12. Privacy.
We will collect, use and disclose your personal information only in accordance with
the Bank's Privacy Policy. A copy of this policy is available at www.citizensbank.ca
13. Ending of this Agreement
13.1 We may ask for the return of the Card, cancel or suspend use of the Card and/or
end this Agreement immediately and without notice if:
a. we believe the Card has been or is likely to be misused;
b. we believe the Card was purchased with a fraudulent credit card, NSF cheque,
or counterfeit currency;
c. any of the terms and conditions contained in this Agreement are breached or violated by you;
d. there is a dispute over the Card's ownership; or
e. we believe the Card is counterfeit.
13.2 If we wish to end this Agreement for any other reason we may do so by giving
you at least thirty (30) days notice, which we may give by posting a notice on the
Website or by any other reasonably effective means. Such notice will set out the
date this Agreement shall terminate and we will not process any transactions on
the Card initiated on or after such date. Subject to the following sentence, you
will be entitled to the return of your Balance by surrendering your Card to us at
the address which you may obtain from the Customer Service Number. Sections 6.1,
6.2, 6.20, 8.3, 8.4, 8.5, 11, 12 and 15 will survive termination of this Agreement.
14. Changes to this Agreement.
14.1 This Agreement is in effect as at the date of purchase and a current copy of
the Agreement can be obtained from the Website.
14.2 We may change this Agreement from time to time, by posting a notice on the
Website. If your Card is used for a
transaction after this Agreement is changed, it will mean that you accept the changes
we have made to this Agreement.
14.3 We may change this Agreement in order to comply with any governmental, provincial
or federal laws or regulations governing the Card or for any other reason as we
may see fit.
15. Our Liability to You.
15.1 You agree that we and our Agents will not be liable to you for any loss, damages
or expenses whatsoever due to:
a. any of your instructions not being sufficiently clear;
b. any failure by you to provide correct information;
c. any failure due to events outside our reasonable control;
d. any system failure or industrial dispute;
e. any ATM refusing to, or being unable to, accept your Card;
f. the way in which any refusal to accept the Card is communicated to you;
g. our taking any action required by any governmental, federal or provincial law
or regulation or court order;
h. anything specifically excluded or limited elsewhere in this Agreement; or
i. any breach or violation of this Agreement by you.
15.2 We and our Agents will not be liable for any claims whatsoever, including without
limitation, claims for personal injury, death, damage to property or economic loss,
howsoever caused, arising from the use of the Card, negligence on our part, breach
of contract or any other tort or cause of action at common law, in equity or by
statute.
15.3 We and our Agents will not be liable under any circumstances for any indirect,
special or consequential damages.
16. Third Party Rights.
Nothing in this Agreement will confer on any third party any benefit or the right
to enforce any terms of this Agreement.
17. Transferring our Rights.
We may assign any of our rights and obligations under this Agreement to any other
person or business, subject to such party assuming our obligations under this Agreement.
18. Law and Jurisdiction.
This Agreement will be interpreted in accordance with the laws of the province or
territory in which you reside (or the applicable laws of
19. In
Both of us acknowledge
that we and you have required that this Agreement be drawn up in English.
Nous reconnaissons tous deux avoir exigé la rédaction en anglais de la présente
convention.
20. Disclaimer.
While every effort will be made to ensure all information sources provide correct
information relating to the Card and your Balance, we rely on many information sources,
some of which are outside our control, and neither us nor our Agents will be held liable or responsible for the accuracy of information from such sources.
21. Contact Us.
All Card-related inquires should be directed to the Customer Service Number on the
back of your card. Contact information is also available on the Website. Customer
Service will try to resolve any problems as quickly as possible and in accordance
with our established complaints policy.
June 25 2009