Cardholder Agreement

TODAY MASTERCARD® PREPAID CARDHOLDER AGREEMENT

 

This document constitutes a binding agreement (“Agreement”) between PACE Savings & Credit Union Limited (“PACE Savings”) and you (the “Customer”) with respect to the terms of use under which the Today MasterCard® Prepaid Card (the “Card”) has been acquired by or issued to you in connection with a promotional program offered by XTM Inc. (“XTM”). By acquiring or accepting and using the Card, you agree to be bound by and accept the terms and conditions contained in this Agreement. The words “you” and “your” means the Customer who has received the Card and is authorized to use the Card as provided for in this Agreement. The words “we,” “us,” and “our” mean PACE Savings our successors, affiliates, or assignees.  You acknowledge and agree that the value available on the Card is limited to the funds that have been loaded onto the Card. The expiration date of this Card will be indicated on the Card. You agree to sign the back of the Card immediately upon receipt and before making any use of the Card. Your signature is evidence of your consent to be bound by the terms and conditions of this Agreement.

1. OWNERSHIP: The Card has been issued by PACE Savings under license by MasterCard International. The Card will remain the property of PACE Savings and must be surrendered upon demand. 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 may be amended from time to time. The Card is non- transferable, and it may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference.

 

2. USE: You agree to use the Card only for legal and permitted purposes. We reserve the right to prevent your Card (and card number) from being used for an illegal, improper or unlawful purpose. Cardholders must be the age of majority in their province or territory. Subject to the foregoing, you may use the Card to make purchases wherever MasterCard is accepted. The Card includes a Personal Identification Number (“PIN”) and can be used to obtain cash at any Automatic Teller Machine (“ATM”) that displays MasterCard and/or MasterCard Plus decals. The Card is not a credit card and usage will not enhance or improve your credit rating. No interest is payable to you on any available balance of funds on the Card and funds on the Card are not deposits with us and are not eligible for any kind of deposit insurance. Funds loaded onto a Card are not insured by the Canada Deposit Insurance Corporation (CDIC). If you authorize or permit someone else to use the Card and/or PIN, you will be liable for any transactions made by that person. The Card will be valid and usable until either all the purchased monetary value is used or the expiration date of the Card, whichever occurs first. The Card has an expiry date of 3 years from the date of issuance. The Card is re-loadable and funds are loaded on the Card by the entity that provided the Card to you. Please refer to the Terms and Conditions section on the My Today Card App for a detailed list of allowable balances and transaction limits. From time to time, we may change the maximum Card limits, the maximum and minimum load limits and the maximum transaction and ATM transaction limits without prior notice to you.

 

3. CARD BALANCE: 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 unused balance. If the balance is not sufficient to complete the transaction or purchase and pay any fees, the transaction may be denied. If the balance is not sufficient to cover the full transaction amount, you may ask the merchant if the merchant will accept a split tender transaction. A split tender transaction allows you to use the remaining balance on your Card to pay for part of the transaction amount and cover the difference using another form of acceptable payment. Merchants do not have to and may not agree to accept split tender transactions. Any spending overdraft may be immediately repaid to us and/or our co-brand partners from the next load of funds. If you are entitled to a refund, the refund will be handled by the merchant in accordance with the merchant’s policies. The merchant may choose to credit your Card in place of providing you with cash. You may obtain information about the unused monetary value on your Card by logging into the My Today Card App or by calling toll free at 1-888-493-3144. Paper statements will not be provided. The Card represents a general liability to the card issuer. The money paid by you is not a deposit and does not establish a separate individual deposit account. You will not receive interest on the Card balance. The unused monetary value accessible by the Card, and your rights regarding the use of the Card, are not deposits of PACE Savings, service providers, or XTM and are subject to normal risks.

 

4. LOST OR STOLEN CARD OR PIN: 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. You must take all reasonable steps to protect your Card and/or PIN against loss, theft or unauthorized use. The PIN is provided solely for your use and security when withdrawing cash from ATMs. You should not maintain a written record of or disclose the PIN to a third party, including family members and friends. Avoid PIN combinations that may be easily determined by others. With the MasterCard Zero Liability policy, you will not be liable for any unauthorized point-of-sale (“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 sixty (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. You must immediately notify us if you lose your Card and/or PIN or you become aware that your PIN may have become known to another person or if you have reason to believe that another person has made an unauthorized transaction with your Card or may attempt to use your Card without your permission.

 

5. CARD LIMITS: The maximum amount that may be loaded to a reloadable Card in a single load/reload is $5,000. In no event may the balance of any reloadable Card exceed $10,000 at any time. Other limits may apply such as number of loads per day, number and dollar amounts of POS purchases per day, number and dollar amounts of ATM withdrawals per day. These limits are subject to change and any changes or additions will be posted on the My Today Card App. Today MasterCard Prepaid Card Limits: (Card limits are subject to change): Maximum Balance at any time: $10,000; Maximum Value Per Load: $5,000; Minimum Value Per Load: $1; Maximum Daily Load: $5,000; Maximum Single POS Purchase Amount: $2,500; Maximum Daily POS Purchase Amount: $5,000; Maximum Single ATM Withdrawal Amount: $500; Maximum Daily ATM Withdrawal: $1,000. e-Transfer: Minimum Transfer Amount: $10.00; Maximum Transfer Amount: $1,000; Daily Maximum Transfer: $2,000. Bill Payment: Maximum Bill Payment Amount: $500 per payment. Card to Card Transfer: Minimum Card to Card Transfer Amount: $10.00; Maximum Card to Card Transfer Amount: $250.00; Maximum Card to Card Transfer per day: 2 transfers.

 

6. FEES: Disclosure of Card fees and limits is also provided on the My Today Card App under the Terms and Conditions section. You acknowledge being advised of the fees and agree to pay applicable fees in effect for the services available under this Agreement. Without limitation, fees may be charged for monthly maintenance, ATM fees, card replacement, and any other fees published as described herein. Fees may be changed from time to time by posting notice on the My Today Card App. 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. Today MasterCard Prepaid Card Fees (Card Fees are subject to change): POS Transaction/Return Fee (Domestic): Included; POS Transaction/Return Fee (International): Included; 2 ATM withdrawals (Domestic) included per month, ATM Withdrawal Fee (Domestic): $2.50/withdrawal thereafter; ATM Withdrawal Fee (International): $2.50/withdrawal; Foreign Exchange Markup Fee: 2.50%; Card to Card Transfer: $1.50/transfer; e-Transfer: $1.50/transfer; Bill Payment: $0.00.

 

7. RECURRING AUTOMATIC TRANSACTIONS: While using the Card for recurring automatic transactions is permissible, it is the responsibility of the Cardholder to monitor the Card balance to make sure it is sufficient to cover the transactions. Because your Card is prepaid and does not carry a credit line, a merchant that you have authorized to submit recurring transactions may suspend or cancel your service if the Card does not have enough value when the recurring transaction is submitted.

 

8. REFUNDS AND MERCHANT/ATM PROVIDER DISPUTES: If you are entitled to a refund for any reason, you agree to accept a credit to your Card instead of a cash refund, if the merchant does not provide cash refunds. You will settle all disputes regarding purchases you make using your Card directly with the merchant who honored the Card. We are not responsible for the delivery, quality, safety, legality or any other aspect of any goods or services that you purchase from merchants with your Card. We are not responsible for any disputes arising out of the purchase of goods or services using the Card or the failure of any merchant to honor the Card or the failure of any ATM machine to dispense cash.

 

9. AUTHORIZATIONS AND AUTHORIZATION HOLDS: When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your Card available funds for the amount indicated by the merchant. Some merchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction (such as an estimated tip). If the amount of the authorization request exceeds the value on your Card, the transaction may be declined. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or a “hold” on your available balance for up to 90 days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We will however, only charge your Card for the correct amount of the final transaction, and will release any excess amount only when the transaction finally settles. Please note that we may not manually release authorizations without a certified letter or fax from the merchant. In addition, if you commence a purchase and the merchant obtains an authorization, and then you cancel the purchase without completing it, the authorization may still result in a temporary hold for that amount of funds for 10 days, or longer in some cases.

 

 

10. INFORMATION VERIFICATION: It is your responsibility as a cardholder to ensure you meet the terms and conditions of this Card program. You agree that the parties in the Card program bear no liability should you provide incorrect or incomplete information, or information that does not meet the confirmation requirements of XTM Where you are required to provide details of any form of identification for identity verification, this information may be used to verify your identity and the information provided by you. We may also conduct a soft inquiry on your Equifax credit bureau record, but it is not a credit check and will not affect any credit scoring process. For addresses or information that cannot be immediately confirmed, XTM or someone on its behalf may contact you for additional confirmation of information. Once identification details and the address verification have been confirmed in the sole opinion of XTM the Card will be issued and sent to the address given. If you are declined, for greater certainty, all personal information about you collected, used and disclosed in connection with such identity verification is subject to the personal information consent in Section 11 below.

 

11. PERSONAL INFORMATION CONSENT: (If applicable to the card program): We will collect, use and disclose your personal information as provided on the XTM services registration form and generated in connection with your use of XTM services (including, but not limited to your name, address, mobile phone number, and date of birth, and the details of the use of the Card) to issue your Card (including to confirm your identity in connection with same as described in Section 5 above) and to provide XTM card services to you (including to provide notifications and communicate with you by telephone or writing, in connection with such services), and will disclose such information (a) to XTM, in connection with your receipt of the XTM services, and (b) to our service providers as required to achieve the above purposes (collectively,  the “Purposes”). While such personal information will  be subject to limited access by XTM personnel as required for the Purposes, from time to time personal information may be disclosed outside the country in connection with the provision of the services, and you agree that such information may be subject to access by regulatory authorities in accordance with the laws of those jurisdictions. Should you wish to ask for access to your file and/ or ask that the information in it be changed, please send a written request to XTM, attention Privacy Officer, at support@mytodaycard.com. You may withdraw your consent to such use, collection, disclosure and retention of your personal information at any time by notifying us in writing. In the event consent is withdrawn, you must return your Card and it will be cancelled and any balance, less applicable fees will be returned to you. Should your address or phone number change you are required to notify us of that change. Notify us by calling card services at 1-888-493-3144.

 

12. NO LIABILITY: We will not 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 honor the Card or the failure of an ATM machine to dispense cash. We 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. We will not be liable for any action or failure to act of a retailer or a refusal by a retailer to honor the Card whether or not such failure or refusal is as a result of any error or malfunction of equipment used to affect an authorization of the Card.

 

13. DISPUTES AND COMPLAINTS: If you identify an error in any transaction record, you must address such error with the applicable merchant or ATM operator. 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. You can obtain a dispute form (please call 1-888-493-3144 or by email at support@mytodaycard.com that must be completed and sent to the customer support team. Please note that this form must be received within sixty (60) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction. Investigating your case may take up to 120 business days to investigate your complaint or question(s) with the merchant and/or network. We will suspend your account to protect any funds and may suggest for you to request or purchase a replacement card. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Card. 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 with the Card, you agree to accept credits to the Balance on your Card in place of cash. If you have a complaint or inquiry about any aspect of your Card Balance, please call 1-888-493-3144 or by email at support@mytodaycard.com. We will do our best to resolve your complaint or inquiry. If for some reason we are unable to do so to your satisfaction, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. You may also communicate the complaint or inquiry to: Financial Consumer Agency of Canada 427 Laurier Avenue West, 6th Floor, Ottawa, ON, K1R 1B9 Tel # 1-866-461-3222.

 

14. CANCELLATION: You may at any time terminate this Agreement by calling 1-888-493-3144 and we will refund any remaining balance less our processing fee after we process all transactions completed before we have had an opportunity to act on your request. We may terminate this Agreement at any time, at which time you will immediately destroy or return the Card to us if we request you to do so. In the event that there is not a sufficient balance on the Card to pay monthly maintenance fees, we may de- activate the Card without notice. Despite any termination of this Agreement, you must fulfill all of your applicable obligations under this Agreement. If your Card expires while this Agreement is in full force and effect, you must request a replacement of your Card within ninety (90) days of such expiration or contact 1-888-493-3144 or support@mytodaycard.com to request that XTM return to you the remaining balance on the Card. Subject to applicable law, upon the expiration of the foregoing ninety (90) day period in this Section 14, XTM shall have the right to appropriate any remaining funds on the Card as revenue.

 

15. ENTIRE AGREEMENT: This sets out the entire agreement between the parties with respect to the use of the Card. This Agreement replaces all prior agreements and understandings between the parties with respect to the Card.

 

16. AMENDMENT: We may amend this Agreement by posting changes to this Agreement by sending notice to you via email. Any changes will be effective on the effective date of the amendment and you will be deemed to have accepted and be bound by the amendment upon use of the Card following the effective date. If you do not agree to any change of this Agreement, you agree to immediately stop using the Card and notify us that you are terminating this Agreement.

 

17. NOTICE: We may affect notice to you specifically to your last email address provided or by regular mail postage prepaid to the address provided by you. We may affect notice to you as part of all of a class of cardholders by posting notice on the My Today Card App. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after email contact. You may notify us by calling customer care at 1-888-493-3144 or by email at support@mytodaycard.com (except in the case of 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 and the next business day after email contact.

 

18. GOVERNING LAW; SUBMISSION TO JURISDICTION: This Agreement will be governed and construed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to any dispute arising out of this Agreement.

 

19. SEVERABILITY: If any part of this Agreement is found to be invalid or unenforceable by any court or government agency of competent jurisdiction, that invalidity or unenforceability shall not affect the remainder of this Agreement, which shall survive and be construed as if such invalid or unenforceable part had not been contained herein.

 

MasterCard® and the MasterCard® Brand Mark are registered trademarks of MasterCard® | This card is owned and issued by PACE Savings & Credit Union Limited, a TM licensee of MasterCard Int. and subject to Terms and Conditions.