Peoples Trust Company Terms of Use for Mobile Payment Services

Last modified: [August 2023]

These Terms of Use for Mobile Payment Services (the “Terms”) apply when you choose to add a prepaid card issued by Peoples Trust Company (“Card”) to an eligible mobile payment wallet (each, a “Wallet”). In these Terms, “you” and “your” refer to the cardholder of the Card, and “we,” “our,” “us” and “Issuer” refer to the issuer of your Card, Peoples Trust Company. 

When you add a Card to a Wallet, you agree to these Terms: 

1. Applicability of Terms. These Terms apply to your loading and use of your Card in each Wallet.  You understand that your use of your Card in a Wallet is also subject to the agreements or terms of use of the Wallet provider (e.g., Apple Pay, Android Pay, Samsung Pay, etc.), third party wireless companies, and/or data service providers and other third parties who are involved in the operation of the Wallet, services related to the Wallet,  transactions conducted using the Wallet, or provision of devices or device software through which the Wallet operates (“Mobile Devices”), none of whom  are related to or controlled by us (each, a “Service Provider”).    

2. Adding your Card. Your Card may be added to an eligible Wallet by following the instructions of the Wallet provider.  Only Cards that we indicate are eligible can be added to a Wallet. Your Card may be added to multiple Wallets and used on multiple Mobile Devices.  You may not add a Card to a Wallet or use a Card in a Wallet if at any time: (i) your Card or related account is not in good standing; (ii) your Card has been cancelled or suspended; (iii) we cannot authenticate the Card in accordance with our procedures;  (iv) we suspect there may be fraud in connection with your Card or use of your Card, or (v) we have suspended or terminated your Card’s eligibility for use with a Wallet.  Additional requirements or restrictions may also be imposed by Service Providers.  

3. Your Cardholder Agreement Terms Do Not Change. The terms of the cardholder agreement that govern your Card as amended by us from time to time (“Cardholder Agreement”) continue to apply to your Card when you add your Card to a Wallet.  These Terms are supplemental to the Cardholder Agreement.  Nothing in these Terms supersedes, replaces or otherwise modifies your Cardholder Agreement. For example, any applicable fees or charges that apply to your Card will continue to apply when you use a Wallet to conduct transactions with your Card.

4. Issuer Is Not Responsible for the Wallet. Subject to restrictions in this Agreement, you may use any Card added to a Wallet, through the Wallet and Service Provider Mobile Devices and services, to make purchases wherever the Wallet is accepted.  Information about the Card and certain recent transactions may also be made available through a Wallet.  The Wallet may not be accepted everywhere your Card is accepted.  You acknowledge and agree that we are not a party to your agreements with any Service Providers, we do not provide any support or assistance for any hardware, software, or other services of a Service Provider related to the operation of the Wallet or a Mobile Device used with the Wallet.  We are not responsible for the performance or non-performance of the Wallet provider or any other Service Provider regarding any agreement you enter into with the Wallet provider, any other Service Provider or associated third‐party relationships that may impact your use of a Wallet.  ISSUER IS NOT RESPONSIBLE FOR OR LIABLE TO YOU, FOR ANY FAILURE OF A WALLET, FOR SECURITY OF THE WALLET OR YOUR PERSONAL INFORMATION STORED IN THE WALLET OR ON ANY MOBILE DEVICE THAT YOU USE WITH THE WALLET,OR FOR ANY LOSS, INJURY, DAMAGE, HARM, COST OR INCONVENIENCE YOU MAY SUFFER AS A RESULT OF A FAILURE OR INABILITY TO USE A WALLET FOR ANY TRANSACTION, SECURITY BREACH OF THE WALLET OR A SERVCICE PROVIDER DEVICE, OR ARISING GENERALLY FROM ANY ACT, FAILURE TO ACT, OR REPRESENTATION BY OR ON BEHALF OF A SERVICE PROVIDER.    You should review Service Provider terms and conditions carefully to understand your agreements with a Service Provider, including but not limited to your obligations to the Service Provider, disclaimers of responsibility and limitations of liability of the Service Provider, restrictions on use of the Wallet, relating to security of the Wallet and any Mobile Device used with the Wallet, and how your personal information will be collected and used by any Service Provider, and how collection, use and disclosure of your information may be controlled in respect of the Wallet using a Mobile Device on which you store the Wallet.  Questions regarding how to use a particular Wallet and the terms and conditions of the Wallet should be addressed to the Wallet provider. 

5. Security.  You agree to protect and keep confidential your User ID, passwords and all other authentication information required for your use of a Card in a Wallet. If you share these credentials with others, third parties may be able to use your Card through a Wallet and access Card information made available through the Wallet.  You agree to keep the Mobile Device on which the Wallet is stored safe and secure and you agree to notify us if your Mobile Device is lost or stolen.  You will be responsible for the full amount of any losses if you contributed to the unauthorized use of your Card or if you failed to notify us as required in the terms of your Cardholder Agreement or if you fail to notify us of the loss or theft of your Mobile Device.  You agree to delete your Card from the Wallet before you deliver your Mobile Device to any Mobile Device service or when you retire or discard your Mobile Device.  You also agree that you are solely responsible to ensure the safety and security of your Mobile Device and you agree that you will implement reasonable security protocols to protect the Mobile Device and the Wallet from unauthorized use, including but not limited to password and/or biometric protection to restrict access to your Mobile Device, ensuring that you do not provide passwords or add biometric verifications to your Mobile Device for any person that you have not authorized to use your Wallet, and that you will not add your Card to a Wallet on any Mobile Device that has been compromised through “jail breaking” or any other similar alteration.  Except as expressly provided in this Agreement, the Cardholder Agreement, or unless prohibited by law, you are responsible and liable for all transactions conducted through the Wallet using your Card and, in any event, you will be liable for any transactions conducted by anyone using authentication codes or biometric or other verifications that grant access to, and allow use of, your Mobile Device where you store the Wallet.

6. Fees. Issuer does not charge fees for adding a Card to a Wallet or using your Card in a Wallet, however any fees and charges disclosed in your Cardholder Agreement, if applicable, will continue to apply to the use of your Card.  We may charge fees for adding or using a Card in a Wallet in the future, in which case we will amend the fees disclosed in your Cardholder Agreement to include those fees.  In addition, the Wallet provider or other Service Provider(s) may charge fees in connection with your use of a Wallet, over which we have no control.  Service Provider fees may form part of the transaction amount that is charged to your Card when using the Wallet and the nature and amount of those fees may be unknown to us.  You agree that Service Provider fees will be charged to your Card when processing a transaction conducted using the Wallet and that you are responsible for paying such Service Provider fees.  You agree that we are not responsible for identifying, disclosing or verifying Service Provider fees and that charging such fees to your Card is not a “Billing Error” as contemplated below or in the Cardholder Agreement.

7. Billing Errors.  You are responsible for identifying and notifying us of any billing errors in accordance with the terms and in the timeframes required by your Cardholder Agreement.  We will address any potential error in accordance with the terms disclosed in the Cardholder Agreement.  Some transaction details may be presented to you on your Mobile Device through your Wallet.  We do not guarantee that the transaction information displayed through your Wallet will be accurate or complete.  Some transactions displayed through your Wallet may be pending charges that are temporary and subject to change.  When reviewing your transaction history for errors or otherwise you should review the statements or transaction history for your Card available from us or through the program manager for your Card. 

8. Ending or Suspending Use of a Wallet.  We can end or suspend your ability to use a Card in a Wallet at any time and have the right to block transactions made with a Card through a Wallet at any time.  You agree to remove your Card from any Wallet as we direct, immediately upon request by us.  You may remove your Card from a Wallet by following the instructions provided by the Wallet provider.  

9. Privacy and Security.  

1. As set out in your Cardholder Agreement, we may collect and use your personal information (“Cardholder Information”) to process Card transactions, to provide our services from other countries from which we service our cardholders, to process claims for lost or stolen Cards and to help protect against fraud and for regulatory compliance purposes. We may share Cardholder Information with entities that provide services on our behalf, as necessary for these purposes.  You agree that by adding your Card to a Wallet, we may also share Cardholder Information with the Wallet provider, the Card networks (e.g., Visa* and Mastercard®) and Service Providers in order to facilitate any Wallet services you request; to make information about your Card transactions available to you in a Wallet; and/or to enable you to obtain Wallet services.  We will not authorize any Service Providers or other third parties to share or use such information for any other purposes. We do not control how third parties use information they receive in connection with your use of your Card in a Wallet.  You may obtain information about the privacy policies of the Wallet provider and Service Providers by contacting them directly. Issuer’s privacy policy is available at https://www.peoplestrust.com/en/legal/privacy-security/privacy/.

2. We may provide certain Cardholder Information to others as permitted or required by law, such as to any governmental authority, Service Providers or third parties in response to subpoenas, court orders, or requests from law enforcement or other governmental authorities to establish or exercise our legal rights and to defend against legal claims.

3. You recognize and agree that Cardholder Information may be transferred to, and stored and/or processed outside the jurisdiction in which you reside (including the United States).  Any Cardholder Information transferred to another jurisdiction will be subject to the laws of that jurisdiction, which may differ from those in the jurisdiction where you reside.  These laws may permit governments, tribunals, law enforcement, regulatory and national security authorities in that jurisdiction to access Cardholder Information in certain circumstances.

4. You agree that we, our service providers, or any affiliates, agents or service providers on behalf of us or our service providers, may use written or verbal means to contact you regarding the Card, activity relating to the Card or your use of the Card, in connection with the Wallet. This includes, but is not limited to, contact by manual calling methods, text or SMS messages, email, pre-recorded or artificial voice messages, and/or automatic telephone dialing systems. You agree that these entities may use any e-mail address or any telephone number that you provide now or in the future, including a number for a cellular phone or other wireless device, regardless of whether you incur charges as a result, to advise you about activity relating to the Card. You agree that these entities may monitor and record telephone calls between you and them to assure quality service and for staff training purposes.

5. Should you not wish to accept these privacy terms and conditions, or wish to withdraw consent and, therefore, terminate your use of your Card in the Wallet, you must communicate with our customer service at the number printed on the back of your Card and the customer service of the Wallet provider and discontinue any further use of the Card in the Wallet.  You may be able to deactivate certain communications of data relating to your Card to the Wallet and Mobile Device on which the Wallet is stored using the functionality of the Mobile Device.

10. Electronic Communications.  You agree to receive electronic communications from us, including SMS to your Mobile Device and emails to the email address we have on record for you. We may send you electronic communications when you add and/or use your Card with a Wallet.  We are not responsible for the failure of the delivery of an electronic communication that may prevent registering or using your Card with a Wallet, even if the contact information we have from you is correct. You may revoke your consent to receiving electronic communications from us at any time by communicating with customer service using the phone number printed on the back of your Card. You are responsible for informing customer service if the contact information we have from you has changed. 

11. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD PROVISIONED IN A WALLET IS AT YOUR SOLE RISK.  THE FOLLOWING STATEMENT DOES NOT APPLY IN QUEBEC:  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CARD MADE AVAILABLE TO YOU THROUGH A WALLET IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND. ISSUER, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY CARD PROVISIONED IN A WALLET, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 

12. Complaints.  If you have a complaint or inquiry about any aspect of the use of your Card, please first attempt to resolve the complaint or inquiry by calling the Customer Service number at number printed on the back of your Card. If Customer Service is unable to resolve the complaint or inquiry to your satisfaction, please submit your complaint or inquiry through the form found at http://www.peoplestrust.com/en/about-us/contact/.  We will do our best to resolve your complaint or inquiry. If for some reason we are unable to resolve the issue to your satisfaction, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution.  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
www.fcac-acfc.gc.ca 

13. Governing Law. The parties attorn to the jurisdiction of British Columbia and these terms of use shall be construed in accordance with, and governed by, the laws of the Province of British Columbia and Canada to the fullest extent permitted by law.  FOR CONSUMERS RESIDING IN QUÉBEC ONLY: The parties attorn to the jurisdiction of Québec and this Agreement will be construed in accordance with and governed by the applicable laws of Québec and Canada.  

14. Changes to Terms.  Subject to the limitations of applicable law, we may amend any term or condition of these Terms at our discretion from time to time, including increasing or adding new fees (an “Amendment”).  We will post Amendments and the then current version of these Terms on our Website. Amendments will be posted at least thirty (30) days in advance of the Amendment taking effect. An Amendment will take effect on the date indicated in the notice. If the Amendment increases your obligations or a reduces our obligations, you may refuse the Amendment and either remove your Card from any Wallet without cost, penalty or cancellation indemnity or cancel your Card following the process set out in the Cancellation section of the Cardholder Agreement, no later than thirty (30) days after the Amendment comes into force. We may also make changes to our services without notice if necessary to maintain or restore security of the Card or any related payment system or to comply with applicable law.  We will give notice of such changes as soon as possible.

15. Questions.  If you have any question, dispute, or complaint about a Wallet, you should contact the Wallet provider using the information it provided to you.  If you have any question, dispute, or complaint about a Card, you should contact us by telephone at: 1 (855) 342-6924 or email at  help@mycardholdersupport.com.

*Trademark of Visa International Service Association and used under licence by Peoples Trust Company