Terms and Conditions

Magis Visa* Prepaid and Access Card - Cardholder Agreement

 

Please read this Agreement carefully and retain a copy for your records.

The following terms and conditions apply to your use of the Magis Visa Prepaid and Access Card. By activating, signing or using the Card you agree to these terms and conditions and fees outlined below.

INFORMATION DISCLOSURE SUMMARY:

Refer to the heading “Detailed Terms and Conditions” for the definition of defined terms.

Card issuer: This Card is issued by Peoples Trust Company pursuant to licence from Visa International Incorporated.

 

Card information and balance: For up-to-date Card terms and conditions, or to lodge a complaint regarding your Open Wallet or any Merchant-Specific Offer, you may call customer service toll free at 1-855-842-8080 or visit https://www.magiscard.com. To obtain the expiry date of your Card, or for the details of your Open Wallet Balance and your Merchant-Specific Wallet Balances, please consult the website or the mobile app of the Boutique through which you purchased the applicable Coupon.

Open Wallet Terms and Conditions:

The Open Wallet portion of your Card refers to the funds you have loaded on your Card and that are available to be used at any merchant who accepts Visa cards.

The terms and conditions set out below under the headings “Definitions”, “Open Wallet Terms and Conditions” and “General Terms and Conditions” apply to the use of the Open Wallet portion of your Card.

Merchant-Specific Offer Terms and Conditions:

The Merchant-Specific Offer portion of your Card refers to the Coupons purchased from Boutiques to be used at specific merchants. Your Card is the only way for you to access these Coupons.

The terms and conditions that apply to each Merchant-Specific Offer are those of the Boutique where you purchase the applicable Coupon. Please refer to the terms and conditions of each Boutique where you purchase a Coupon. Those terms and conditions are available on the website or the mobile app of each Boutique where you purchase the Coupon. Coupons added to a Merchant-Specific Wallet can only be used at the specific participating merchant point-of-sale.          

Neither Peoples Trust Company nor the Program Manager have any obligation or liability to you in respect of any Merchant-Specific Offer or associated Coupon other than providing you access to the Coupons through the use of your Card.               

Refer to the terms and conditions of each Boutique where you purchase each Coupon to understand what happens to your Coupons held within your Merchant-Specific Wallets upon cancellation, expiry or termination of your Card or this Agreement. 

The terms and conditions set out below under the headings “Definitions”, “Merchant-Specific Offer Terms and Conditions” and “General Terms and Conditions” apply to the use of the Merchant-Specific Offer portion of your Card.          

General Card restrictions:

  • Cardholders must be of age of majority in the province or territory where they purchase the Card.

  • Cardholders are restricted to one Card per person.

  • You may only use your Card in Canada. Any transaction using a different currency than Canadian dollars will be rejected.

  • You do not have the right or ability to stop the payment of any transaction you initiate with the Card.

  • You cannot obtain cash at an Automatic Teller Machine (“ATM”). You are allowed to use Visa Plus* enabled ATMs to make a balance inquiry or when you need to update or unblock the PIN on your Card’s chip.

  • You cannot add funds to your Open Wallet via wire transfer. All cash instrument transactions will be rejected.

  • The Open Wallet on your Card is subject to maximum transaction limits, as set out below. Peoples Trust Company may change these limits in accordance with Applicable Laws and will post notice on https://www.magiscard.com 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 is deemed your acceptance of that change.

  • Usage may be restricted at some online merchants.

  • The Open Wallet portion of your Card, may, for some countries be restricted by law. 

 

Limits

 

Maximum Open Wallet Balance
$500.00

Maximum Card Balance permitted on Card (including Open Wallet and Coupon Value)
$2 500.00 up to $9,900.00 upon request

Maximum Load & Coupon Value permitted on Card

$2,500.00 up to $9,900.00 upon request

Minimum Load to Card

$1.00

Maximum daily Load & Coupon Value permitted on Card

$9,900.00

Maximum spend at point-of-sale per transaction
$9,900.00

Maximum daily spend at point-of-sale
$9,900.00

Minimum spend at point-of-sale per transaction

$1.00

Maximum daily transactions at point-of-sale
10

Note: If fraud affecting your Card is suspected, your Card may at any time be deactivated.

 

Card expiry and access to funds: Your right to use the funds Loaded to your Open Wallet on the Card does not expire. If funds in your Open Wallet remain on the Card after the Card expiry date, contact customer service for directions on how to receive a replacement Card and the amount you held in your Open Wallet will be transferred to the new replacement Card (see Fees Table).

Refer to the terms and conditions of each Boutique where you purchased each Coupon to understand what happens to your Coupons and Merchant-Specific Wallets upon the Card expiry date.

Fees: The table below sets out the fees that may be imposed upon your Card. Your use of this Card stands as your acknowledgement to being informed of the fees and your agreement to pay all fees charged under this Agreement.

Fees†

New Card Activation Fee
FREE

Monthly Fee
FREE

Load Funds

Open Wallet, from any Boutique website / mobile app, using:

Visa: 1.25% of the loaded amount

Mastercard: 1.25% of the loaded amount

Interac: 0.6%

Coupon Purchase

Merchant-Specific Wallets, from any Boutique website / mobile app

FREE

Spend funds
FREE

Point-of-sale decline
FREE

Card information

Boutique website / mobile app or via live agent (per call)
FREE

Card Replacement Fee

$10.00

Card Refund Fee/ CardCancellation Fee

$20.00

Written Statement Fee

$5.00

†Subject to change. See terms and conditions below for details.

Funds Loaded onto the Card are not insured by the Canadian Deposit Insurance Corporation (CDIC).

Lost or stolen Card or PIN: You must take all reasonable steps to protect your Card and 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. If you lose your Card or PIN or you become aware that your PIN may have become known to someone else, you should call us immediately, toll free at 1-855-842-8080 (between 9 am and 10 pm EST from Monday to Sunday, excluding statutory holidays) or visit your mobile application or https://www.magiscard.com to cancel your card. Avoid PIN combinations that may be easily guessed by others. All transactions carried out on your Card before you notify us will be deemed made by you.

 

If you forget your PIN, you can obtain a reminder by calling customer service toll free at 1-855-842-8080. Your PIN may be disabled if an incorrect PIN is entered three (3) consecutive times. If your PIN is disabled, please call customer service for assistance. If the PIN is disabled, or if a merchant does not accept chip and PIN transactions, you will be required to sign for any transactions at that particular merchant, provided that this is supported by and is acceptable to the merchant.

Split tender transactions:

If the Available Balance on your Card is not sufficient to cover the full Transaction Amount, you may ask the merchant if they will accept a split tender transaction. A split tender transaction may allow you to use the Available Balance on your Card to pay for part of the Transaction Amount and cover the difference with another form of payment (e.g. cash, cheque, credit or debit). Some merchants may only accept cash payment to cover the difference. 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 are not obliged and may not agree to accept split tender transactions. If a Merchant-Specific Wallet Balance is not sufficient to cover the cost of the goods or services you wish to obtain by redeeming your Coupons for the applicable merchant, the Open Wallet Balance will be automatically applied on account for the excess amount.

Personal Information:

By applying for the Card, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust Company and our service providers (and by the Program Manager and its service providers) as described below. The collection of that information is necessary for the entering into and performance of this Agreement. Therefore, if you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use the Card.

DETAILED TERMS AND CONDITIONS:

 

Définitions :

‘Agreement’ means this Magis Visa Prepaid and Access Card Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein, which govern your use of the Magis Visa Prepaid and Access 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 the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), Canada’s Anti-Spam Legislation (CASL), and any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust Company or the Program Manager are subject to in the operations of the Card, or any bylaw, operating rule or regulation of Visa and shall include PCI DSS, all as amended from time to time.

‘Available Balance’ means the aggregate of the Merchant-Specific Wallet Balance for that specific merchant and the Open Wallet Balance.

‘Boutique’ refers to each media, hosting a website / mobile app, participating in the Magis program through which a Cardholder may purchase Merchant-Specific Offers.

‘Canada’s Anti-Spam Legislation’ or ‘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.

‘Card’ refers to the Magis Visa Prepaid and Access Card activated, received or used by the Cardholder.

‘Cardholder’ means the individual to whom the Card has been issued.

‘Cardholder Information’ means all information in respect to the Cardholder and of the Card or its use.

‘Coupon’ means the value purchased through a Boutique for use at a specific merchant for goods or services at that merchant.

‘Distributor’ means each distribution agent or retail outlet that offers the Cards for sale to consumers. A Distributor is not an agent, mandatary or representative of Peoples Trust Company.

‘Governmental Authority’ means any federal, provincial, territorial, regional, municipal or local governmental authority, quasi-governmental authority (including the Office of the Superintendent of Financial Institutions), government organization, commission, board, professional agency, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, in each case to the extent it has jurisdiction over Peoples Trust Company, the Distributor or any Person, property, transaction, activity, event or other matter related to this Agreement. The above definition is deemed to include any interim or permanent transferee or successor of a Government Authority’s underlying mandate, function or activity.

‘Load’ or ‘Loading’ or ‘Loaded’ mean the adding or the transferring of funds to the Card to create your Open Wallet or to increase your Open Wallet Balance.

‘Merchant–Specific Offer’ means the offer of a Coupon distributed by a Boutique to be used at a specific merchant.

‘Merchant–Specific Wallet’ means the aggregate of all Merchant-Specific Offers within that specific merchant wallet held and available on your Card to be used with that specific merchant only.

‘Merchant-Specific Wallet Balance’ means the aggregate of the remaining unused value of all Coupons for a specific merchant that you can access through your Card from the purchase of all Merchant-Specific Offers through any Boutique for that specific merchant.

‘Open Wallet’ means the funds Loaded to your Card and available to be used with any merchant who accepts Visa cards.

‘Open Wallet Balance’ means the remaining amount of funds available to you within your Open Wallet held on your 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.

‘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 which is to be used with your Card for POS transactions for additional security.

‘Program Manager’ means the entity responsible for implementing and administering the prepaid program applicable for your Open Wallet and the access program applicable for all Merchant-Specific Wallets from all Boutiques, in each case, for Peoples Trust Company. The Program Manager is currently Lune Rouge 360 Inc.

‘Transaction Amount’ means, for any specific transaction with a specific merchant, the combination of (a) and (b) where (a) is the aggregate amount that is debited from the Open Wallet Balance in connection with the Cardholder’s use of the Card to purchase goods or services, that includes the amount of the Open Wallet Balance to be transferred, the Card service charges and the taxes imposed to complete the transaction, and (b) is the value deducted from the Merchant-Specific Wallet for a specific merchant for goods or services of such merchant.

‘Visa’ means Visa International Incorporated, and its successors and assigns.

‘we’, ‘us’, and ‘our’ means Peoples Trust Company, as issuer of your Card, and our successors, subsidiaries, affiliates or assignees.

‘Website’ means https://www.magiscard.com

‘you’, ‘your’, and ‘yours’ each mean the Cardholder.

OPEN WALLET TERMS AND CONDITIONS

When the Open Wallet portion of your Card is used to make a purchase, the amount of the purchase, plus any applicable fees and taxes, will be deducted from the available Open Wallet Balance associated with your Card. If the funds you hold in your Open Wallet portion of your Card are used to make a purchase for a “card not present” transaction (such as online, mail or telephone purchases), the legal effect is the same as if you used the physical Card.

Loading Funds: Your Open Wallet is reloadable and the methods available for adding or transferring funds to your Open Wallet are listed on the Website. The methods by which you can load and reload your Card may change from time to time. Some Load methods are offered by third party service providers and are subject to their additional fees. Please see the Website and the applicable service providers’ terms and conditions for more details.

The funds provided by you to Load onto the Open Wallet and the Open Wallet Balance on the Card are not a deposit, and they do not establish a separate individual deposit account at Peoples Trust Company or any other Canadian financial institution. You will not receive interest on the Open Wallet Balance or on any funds you Load onto the Card.

Information About Open Wallet Balance: It is your responsibility to ensure that there is a sufficient Open Wallet Balance on the Card to cover Open Wallet transactions plus any pre-authorized amounts. To obtain the current Open Wallet Balance amount, or the Open Wallet transaction history, check the mobile app of the Boutique through which you purchased the applicable Coupon, call customer service toll-free at 1-855-842-8080 or visit https://www.magiscard.com

Your Open Wallet Balance will reflect all Open Wallet transactions that have been posted to our system. You are not allowed to exceed the Open Wallet Balance available on your Card for any Open Wallet transaction.

If you attempt to use the Card when there is insufficient Available Balance to cover the full Transaction Amount, the transaction may be declined. However, if due to a system malfunction or for any reason whatsoever, a transaction occurs despite insufficient Available Balance on the Card, thus creating a negative Open Wallet balance amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Available Balance.

If your Card has a negative Open Wallet Balance and three (3) consecutive transactions are conducted while the Card has a negative Open Wallet Balance, we may disable the Card to prevent any further transactions until the Open Wallet Balance on the Card is brought back to a positive Open Wallet Balance. You must not attempt to cause your Card to have a negative Open Wallet Balance. If a negative Open Wallet Balance is created on your Card following any transaction initiated or authorized by you, then you agree to repay the amount of the negative Open Wallet Balance to us within ten (10) days of such transaction.

If your Card has a negative Open Wallet 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 if you wish to continue using your Card.

MERCHANT-SPECIFIC OFFER TERMS AND CONDITIONS

The Merchant-Specific Offer portion of your Card refers to the Coupons purchased from all Boutiques to be used at specific merchants. Your Card is the only method for you to access these Coupons.

The terms and conditions that apply to each Merchant-Specific Offer are those of the Boutique where you purchased the applicable Coupon. Refer to the terms and conditions of each Boutique where you purchase a Coupon. Those terms and conditions are available on the website or the mobile app of the Boutique where you purchase the applicable Coupon. Coupons added to a Merchant-Specific Wallet can only be used at the specific participating merchant point-of-sale.

Neither Peoples Trust Company nor the Program Manager have any obligation or liability to you in respect of any Merchant-Specific Offer or associated Coupon other than providing you access to the Coupons by your use of the Card. You waive and disclaim all such claims.

Your right to use any Coupon you purchased, and which is held on your Card only expires if the terms and conditions you agreed to with the particular Boutique you purchased the merchant specific coupons from, say that it expires.

If the particular Boutique or merchant associated with a Merchant-Specific Offer and Coupon ceases to conduct business or honour your purchased Coupon, your sole recourse for reimbursement for value paid for your Coupon is directly against the merchant or its insolvency representative. Peoples Trust Company is not responsible for any Coupon. The responsibility of Peoples Trust Company is limited to funds Loaded to your Open Wallet.

When you use a Merchant-Specific Wallet at a specific merchant, the value you use as Coupons from that merchant will be deducted from the value of your Merchant-Specific Wallet Balance for that merchant.

If the Merchant-Specific Wallet Balance is not sufficient to cover the cost of the goods or services you wish to purchase by redeeming your Coupons for the applicable merchant, any funds held in your Open Wallet will automatically be applied on account of any excess amount causing your Open Wallet balance to be affected. If there are not sufficient funds in your Open Wallet to cover such excess, you will need to request a split tender transaction.

To obtain any current Merchant-Specific Wallet Balance, visit the website or mobile app of the Boutique where you purchased the Coupon for the specific merchant.

GENERAL TERMS AND CONDITIONS

Acceptance: This Agreement constitutes a binding agreement between you and Peoples Trust Company with respect to the terms of use of the Card.

Card – Use and Ownership: Your Card is a Visa Prepaid and Access Card with an Open Wallet Balance that can be used anywhere that Visa is accepted, including mail order, online, telephone, and point of sale retail merchants, subject to the terms of this Agreement. The Card’s Merchant-Specific Wallets holding your coupon offers must be used at a specific merchant.

The Card cannot be used for any purpose until it has been activated in accordance with the instructions on the activation sticker and signed by you on the back of the Card where indicated.

You are solely and completely responsible for the possession, use, and control of the Card. You must surrender the Card to us immediately upon request. The Card must not be used for any illegal transaction or purpose. The Card is provided to you, only. If you permit another person to use the Card, you agree, to the extent permitted by law, that you will be liable for all transactions arising from use of the Card by such person.

To use the Card, simply present the Card at the time of payment or redemption of your Coupon and use it as you would with any other transaction. You should retain the receipt as a record of the transaction.

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. You do not have the right to stop the payment of any transaction or the redemption of any Coupon you conduct with the 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 this Agreement or any features or services of the Card at any time, with or without cause, with thirty (30) days’ notice to you or as otherwise required by Applicable Law.

Some merchants (including, but not limited to, restaurants, taxi cabs or gas stations) may pre-authorize the Transaction Amount for the purchase amount plus 20% (or more) above the purchase amount to ensure that there are sufficient funds available in your Available Balance to cover any tips or incidental expenses. In such cases, your transaction may be declined if the Available Balance will not cover the Transaction Amount plus the additional amount.

A pre-authorization will place a ‘hold’ on an amount of your Available Balance 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.

A hold is typically removed within seven (7) days for most standard merchants.

During the hold period, you will not have access to the pre-authorized amount.

You are not allowed to use the Card to cover incidental expenses. We may reject pre-authorization transactions at some merchants including, but not limited to, hotels or car rental companies.

Upon your request, and for the fee stated in the table marked ‘Fees’ in the Information Disclosure Summary at the beginning of this Agreement, we will mail to you a written statement of transactions made with your Card.

Expiry Date: The Card will be valid and usable until the expiration date of the Card. Your right to use the funds in your Open Wallet will never expire. Coupons in each Merchant-Specific Wallet may expire. Please refer to the terms and conditions that apply to the applicable Merchant-Specific Offer at each Boutique where you purchase Coupons. Cards may be replaced on and following the expiry date indicated on the face of the Card and will contain any unused Open Wallet Balance and each Merchant-Specific Balance if applicable. You may contact customer service toll free at 1-855-842-8080 to request a replacement Card, provided that your Card account is in good standing. The card Replacement Fee is applicable.

 

Protection Against Loss, Theft, or Unauthorized Use: If your Card is lost or stolen, you must notify us immediately. We will have a customer service representative available between 9 am and 10 pm EST from Monday to Sunday (excluding statutory holidays) that will allow immediate cancellation of the Card upon your request. You will be asked to provide us with your name and the Card Reference ID (9-digit number indicated at the back of the Card), and to answer an identifying question drawn from your personal information. Until the Card is cancelled, someone might be able to use the Open Wallet Balance or a Merchant-Specific Wallet Balance on the Card. Caution: Your Card may be used without a PIN to make purchases online. Report lost or stolen Cards promptly.

After we have processed all Open Wallet transactions completed before we had an opportunity to act on your information, we will refund any remaining unused amount of money Loaded on your Open Wallet (less the Card refund / cancellation fee). We recommend you write down or safely record the Card Reference ID (9-digit number indicated at the back of the Card) and the customer service number in case the Card is lost or stolen.

 

To ensure that all transactions have been processed properly, a replacement Card with any remaining funds which were available prior to the replacement card request and any unexpired Coupon Offers held in each Merchant-Specific Wallet Balance will be issued within ten (10) days after you report to us that the Card has been lost or stolen. Fees apply, see Fees Table.

 

You agree, to the extent permitted by Applicable Law, to cooperate with us in our attempts to recover any stolen Card and/or funds from unauthorized users and to assist in their prosecution and civil recovery.

With the Visa Zero Liability Policy, you will not be liable for any unauthorized use of the Open-Wallet portion of your Card on any Open-Wallet transactions processed by Visa. You must notify us immediately of any unauthorized use. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days after all the required forms and documents have been received and confirmed by us and may require a police investigation. Visa Zero Liability Policy does not apply for the coupons you held within your Merchant-Specific Wallets.

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, including increasing or adding new fees. As required by Applicable Law, notice of any Amendments will be sent to you at the most recent mailing or email address that we have on record for you. We must, at least thirty (30) days before the Amendment comes into force, send you a written notice 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 toll free at 1-855-842-8080 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 the Distributor 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 the Distributor, as applicable, and the next business day after electronic mail.

 

Cancellation: You may at any time terminate this Agreement by calling toll free 1-855-842-8080.

Your Card will be cancelled, and a cheque issued to you for any remaining unused amount of money Loaded in your Open Wallet, less the Card Cancellation fee. The cheque will be mailed to you within 45 days of the cancellation request.

This Agreement may be terminated at any time. Upon termination notification, you will immediately return the Card as per the instructions provided to you in the termination notification. Provided you are not in default of your obligations under this Agreement, termination notification will be provided to you in writing at least sixty (60) days before the date of termination. Reimbursement of any remaining unused amount of money Loaded in your Open Wallet less outstanding fees will be returned to you via cheque to the last known address you provided. Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.

Refer to the terms and conditions of each Boutique where you purchase a Coupon to know what happens to your Coupons and Merchant-Specific Wallets upon cancellation or termination of your Card or this Agreement.

Purchase Disputes and Refunds: If you believe a transaction on your Card account is incorrect, you must notify us in writing of your dispute within sixty (60) days of the transaction date.

Following your notification, a form will need to be completed and emailed to the customer service team within ninety (90) days of the transaction date. You can obtain a dispute form by calling 1-855-842-8080 and following the prompts for lost or stolen Cards. Please note that this form must be received within ninety (90) 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.

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 using the Open Wallet, you agree to accept credits to the Open Wallet Balance on your Card in place of cash. Please refer to the terms and conditions of each Boutique where you purchase a Coupon for your rights in respect of any refund related to goods or services redeemed with the applicable Coupon.

Arbitration: Subject to all other terms of this Agreement, and to the extent not prohibited by Applicable Law, you agree that any claim of any kind against us, the Program Manager, or Visa 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 at Vancouver, British Columbia and (ii) shall not be brought through class or individual litigation proceedings. 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.

Complaints: If you have a complaint or inquiry about any aspect of your Open Wallet, first attempt to resolve the complaint or inquiry by calling our toll-free customer service number at 1-855-842-8080. If customer service is unable to resolve the complaint or inquiry to your satisfaction, please call us at 1-855-694-6214 or submit your complaint or inquiry through the form found on the Website (https://www.peoplestrust.com/en/about-us/contact/contact.html). We will do our best to resolve your complaint or inquiry. If you have a complaint or inquiry about any aspect of a Merchant-Specific Offer from a Boutique, please refer to the terms and conditions of the Boutique through which you purchased the applicable Coupon.

If for some reason we are unable to resolve the issue in respect of your Open Wallet to your satisfaction, you may refer your inquiry or complaint 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/.

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 and by the Program Manager and its 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. The collection of that information is necessary for the entering into and performance of this Agreement. 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.

We and our service providers and the Program Manager and its service providers will collect information about you (e.g. your name, address, telephone number and date of birth) when you apply for a Card. If a Card is issued to you, we and our service providers and the Program Manager and its service providers 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 our service providers and the Program Manager and its service providers will collect your Cardholder Information directly from you and from other sources, including the Distributor and third party providers of identity verification, demographic and fraud prevention services.

We will disclose your Cardholder Information to our service providers to assist us to provide services to you and to provide related services to us. We and our service providers and the Program Manager and its service providers 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 against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce legal rights and for other purposes required or permitted by Applicable Law.

We maintain physical, electronic, and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.

We and our service providers and the Program Manager and its service providers may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). The personal information protection laws of those countries might be different from the laws of the jurisdiction in which you are located, and might permit courts, government, law enforcement and regulatory agencies and security authorities to access your Cardholder Information without notice. The laws on data protection in other jurisdictions, to which we may transfer your information, 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, we 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.

We will use and rely and the Program Manager will use and rely on your Cardholder Information to issue and administer your Card and provide related services. We and our service providers and the Program Manager and its service providers will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform us (by contacting customer service at 1-855-842-8080) of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information. You may communicate with us through our customer service number (or the Website) with regards to requests to access 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 correction 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 corrected, where necessary.

We and our service providers and the Program Manager and its service providers may use your Cardholder Information (including your telephone and mobile phone numbers and your email addresses) to contact you, including by regular and electronic mail, telephone call (including by pre-recorded or artificial voice messages and automatic telephone dialling 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 service providers and the Program Manager and its service providers may monitor and record their communications and correspondence with you (including emails, online chats and/or telephone calls) for quality assurance, staff training and legal compliance purposes.

You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by contacting customer service (at 1-855-842-8080) 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 against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce legal rights and for other purposes required or permitted by Applicable Law.

In addition to the above, if you consent to a Distributor or other third party collecting and using your personal information (including Cardholder Information) for their own purposes (not as our service provider), including 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 the Distributor or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the Distributor 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.

Our general personal information practices are described in our privacy policy, as amended from time to time, available online at http://www.peoplestrust.com/en/legal/privacy-security/privacy/.

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 Open Wallet 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.

Assignment and Waiver: At our sole discretion, we may assign 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.

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 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 Open Wallet. 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 Open Wallet, 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 set out in 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: Neither we nor the Distributor will be liable in any way for any dispute arising out of the purchase of merchandise or services or redemption of any Coupon using the Card or the failure of any retailer to honour the Card. We and the Distributor are not responsible for any (i) failure to supply and/or (ii) lack of suitability or quality of any goods or services purchased from retailers through the use of the Card or redemption of any Coupon. Neither we 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. We 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’ systems or equipment.

 

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 are 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.

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: 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 therein.

FOR RESIDENTS OF QUÉBEC ONLY: The parties attorn to the jurisdiction of Québec and this Agreement will be construed in accordance with and governed by the laws of the province of Québec 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.

Contact Information: If you have questions regarding the Card, or need to report a lost or stolen Card, you may call customer service at 1-855-842-8080 (between 9 am and 10 pm EST from Monday to Sunday , excluding statutory holidays) or write to: support@magiscard.com.

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