Shakepay Visa* Card Cardholder Agreement
Last updated: June 16, 2022
Shakepay Visa* Card Cardholder Agreement
Your acceptance and use of your Card as applicable, is subject to the terms set out in this Agreement. By using your Card or allowing anyone else to use your Card, you are agreeing to the terms and conditions and fees outlined below.
IMPORTANT INFORMATION ABOUT YOUR SHAKEPAY VISA PREPAID CARD.
Card issuer: This Card is issued by Peoples Trust Company pursuant to licence from Visa International Incorporated
Card Expiry and Access to Balance: Your right to use the funds loaded on the Card does not expire. If funds remain on the Card after the expiry date, contact customer service for directions on how to receive a replacement Card.
Fees: The table below sets out the fees that may be imposed on the Card. You acknowledge being advised of the fees and accept all fees charged under this Agreement.
Card Information and Balance: For up-to-date Card terms and conditions, to obtain the expiry date of your Card, or to check your available Balance, you will need to access or download the Shakepay Mobile App (available through the Website, Google Play, or the App Store), submit a support ticket within the Shakepay Mobile App, email [email protected], or visit https://shakepay.com/ for free.
- Cardholders must be of age of majority in the province or territory where they reside.
- Cardholders are restricted to one Card per person.
- You do not have the right to stop the payment of any transaction you conduct with the Card.
- Regular pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from the Card, are not permitted. All PAD transactions will be rejected, and Peoples Trust Company will not be liable for any costs incurred by you as a result. For purposes of clarity, subscription services with recurring fees that are paid with the Card, but not using PAD transactions, are authorized.
- You may not add funds directly to the Card via wire transfer. Your Shakepay Mobile App may provide options for funding your Shakepay Wallet via wire transfer under the Shakepay Terms.
- You may not use your Card to commit or facilitate illegal activity.
- The Card is subject to maximum transaction limits, as set out below. Peoples Trust Company may change these limits at its discretion or otherwise in accordance with Applicable Law and will post notice on the Website 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, will be taken as your acceptance of that change.
† Subject to change. These limits are determined based upon risk management policies and may change from time to time. This chart is representative and reflects the limits at the time of publication of this Agreement. Current limits and a full copy of this Agreement are always available at https://shakepay.com. You should regularly check these limits to ensure you have current information and monitor your Shakepay Mobile App notifications for changes.
†† Additional fees for cash withdrawals may be charged for use of ATMs by ATM operators, over which we have no control.
Please also note: The Card may be deactivated at any time subject to risk management policies.
Funds Loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).
Who Issues Your Card: The Card is issued by Peoples Trust Company pursuant to licence by Visa International Incorporated. This Agreement is between you and Peoples Trust Company. Shakepay is a distributor of the Card. Shakepay is a service provider for Peoples Trust Company for the purposes of managing some aspects of the Card, such as providing Balance information to you and delivering communications from Peoples Trust Company to Cardholders through the Shakepay Mobile App or using contact details provided through the Shakepay Mobile App or such other means as Shakepay may provide. Where relevant to our relationship with you, those services of Shakepay are referenced in this Agreement. Shakepay may offer and provide services to Cardholders as a service provider to the Cardholders, and not on behalf of Peoples Trust Company. Those Shakepay services provided to you by Shakepay are subject to the Shakepay Terms between you and Shakepay. PEOPLES TRUST COMPANY DOES NOT PROVIDE THOSE SHAKEPAY SERVICES AND IS NOT RESPONSIBLE FOR THEM, OR ANY LOSS, HARM OR DAMAGE OF ANY KIND YOU MAY SUFFER AS A RESULT OF USING SHAKEPAY SERVICES ON ANY THEORY OF LIABILITY, LEGAL, EQUITABLE OR OTHERWISE.
Who Holds the Balance for your Card: The Shakepay Wallet is provided by Shakepay pursuant to the Shakepay Terms. The Card is issued by Peoples Trust Company, and offered and administered by Shakepay. The Balance in your Shakepay Wallet is held according to the Shakepay Terms. Peoples Trust Company does not hold the Balance in your Shakepay Wallet. As and when you carry out payment transactions with your Card, as per the Shakepay Terms, some or all of the Shakepay Wallet Balance shall be Loaded in order to settle the Transaction Amount. The transfer or conversion of the Shakepay Wallet Balance occur pursuant to the Shakepay Terms and are initiated by your use of the Card to make a payment or withdraw funds at an ATM. The Card enables you to access the Balance in your Shakepay Wallet as long as you act in accordance with this Agreement and with the Shakepay Terms.
Who Administers your Card: Shakepay administers your Card and connects with third parties to bring you the spending features of your Card (such as POS, bill payments, and ATM cash withdrawals).
Lost or Stolen Cards: You must take all reasonable steps to protect your Card and/or 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. Avoid PIN combinations that may be easily guessed by others. If you lose your Card and/or PIN or you become aware that your PIN may have become known to someone else, or if you have reason to believe that someone has made an unauthorized transaction with your Card, or may attempt to use your Card without your permission, you must IMMEDIATELY cancel your Card by calling our automated phone system at 1-855-574-2539, seven (7) days a week, twenty-four (24) hours a day for the immediate cancellation of the Card upon your request, or suspend or freeze your Card in the Shakepay Mobile App. Once your Card is re-issued, suspended or frozen, please contact Shakepay customer service, through the Shakepay Mobile App, to report any transactions that are unauthorized; you can view transaction details in the history section of the Shakepay Mobile App. To dispute a transaction, follow the instructions through the dispute section of the Shakepay Mobile App to submit your dispute to us. If you do not notify Shakepay IMMEDIATELY then all transactions carried out with your Card before you notify us will be considered to have been made by you.
Split Tender Transactions: If the Balance is not sufficient to cover the full POS Transaction Amount, you may ask the merchant if they will accept a split tender transaction. A split tender transaction allows you to use the remaining Balance to pay for part of the Transaction Amount and cover the difference with another form of payment (e.g., cash, cheque, credit or debit). 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 do not have to and may not agree to accept split tender transactions.
Personal Information: By registering for the Card, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust Company and its service providers as described below. 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.
Key Cardholder Responsibilities under this Agreement:
- You must take all reasonable steps to protect the Card (and PIN, if applicable) against loss, theft, or unauthorized use. If you lose the Card (or PIN), you must call customer service IMMEDIATELY.
- You must activate and/or sign the Card as instructed upon receipt of the Card.
- You must surrender the Card to us immediately upon request by us.
- You must ensure that there is a sufficient Balance to cover the full amount of transactions made with the Card.
- If your information, associated with the Card, changes, you must notify us of the change(s).
- If you become aware that your information, associated with the Card, is incorrect, you must notify us of the correct information.
- If you find an error in any transaction record, you must communicate the error to the merchant with whom you made the transaction.
- If you wish to dispute a transaction on your Card, you must notify us in writing of your dispute within sixty (60) days of the transaction date.
- You must only use our online resources as set out in ‘Website and Availability’, below.
Detailed Terms and Conditions:
- ‘Agreement’ means this Shakepay Visa Prepaid 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 Shakepay Visa Prepaid Card.
- ‘Amendment’ refers to any change to a term or condition of this Agreement or to the addition of a new term or condition, including increasing or adding new fees.
- ‘Applicable Law’ means the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Act Respecting the Protection of Personal Information in the Private Sector (Québec), the Consumer Protection Act (Québec), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), Canada’s Anti-Spam Legislation (CASL), PCI DSS or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust Company and Shakepay are subject to, or any bylaw, operating rule or regulation of Visa.
- ‘ATM’ means an Automated Teller Machine.
- ‘Balance’ means the amount of Canadian dollars available in your Shakepay Wallet that can be Loaded onto the Card and are available for spending.
- ‘Canada’s Anti-Spam Legislation (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 Shakepay Visa Prepaid Card activated, received, signed or used by the Cardholder, including both virtual and physical cards.
- ‘Cardholder’ means the individual to whom the Card has been issued.
- ‘FINTRAC’ means Financial Transactions and Reports Analysis Centre of Canada.
- ‘Foreign Exchange Charge’ means the foreign exchange service charge we assess when you complete transactions in a currency other than Canadian dollar.
- ‘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 and/or 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’ means the automatic and instantaneous transfer of funds from your Balance to us for the settlement of your Card transaction when the Card is presented to process a transaction or withdraw funds from an ATM.
- ‘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.
- ‘Peoples Trust’ means Peoples Trust Company, the issuer of the Card, or any of its affiliates or their respective successors or assigns.
- ‘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 used with your Card for POS transactions or at ATMs for additional security.
- ‘POS’ means point of sale, where you can use the Card to purchase goods or services from a merchant.
- ‘Shakepay’ when referred to as a Person or entity, means Shakepay Inc., a Canadian corporation having its principal place of business at 500 Place d'Armes, Suite 1800, Montreal, Quebec, Canada H2Y 2W2 and its successors, or assignees.
- ‘Shakepay Mobile App’ means the Shakepay web and mobile application operated by Shakepay and available from the Website, the App Store, and Google Play.
- ‘Shakepay Terms’ means any agreement(s) between you and Shakepay that govern the provision of Shakepay services to you, including the Shakepay Mobile App and the Shakepay Wallet.
- ‘Shakepay Wallet’ means your Shakepay account accessible through the Shakepay Mobile App which stores the Balance accessible with your Card.
- ‘Transaction Amount’ is the amount that is debited from the Balance in connection with the Cardholder’s use of the Card to purchase goods or services, which includes the amount of the Balance to be transferred, the Card service charges and the taxes imposed to complete the transaction.
- ‘Verified by Visa’ means the Verified by Visa service, a program which is designed to help make shopping online more secure.
- ‘Visa’ means Visa International Incorporated, and its successors and assigns.
- ‘Visa Conversion Rate’ means the rate that we pay to Visa to convert foreign currency to Canadian currency plus the Foreign Exchange Charge.
- ‘We’, ‘us’, and ‘our’ mean Peoples Trust Company, and our successors, subsidiaries, affiliates or assignees.
- ‘Website’ means: https://shakepay.com.
- ‘you’, ‘your’, and ‘yours’ each mean the Cardholder.
The Visa Prepaid Card: The Card is a Visa Prepaid Card that can be used anywhere that Visa is accepted, including mail order, online, telephone, and POS retail merchants, subject to the terms of this Agreement.
Activating the Card: The physical 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.
Ownership and Use of the Card: To use the Card, simply present the Card at the time of payment, and enter your PIN (or sign the receipt with the same signature you used when you signed the Card). You should retain the receipt as a record of the transaction. As you use the Card, your Balance will be reduced by the full amount of each purchase including taxes, charges, and other fees, if any.
If you use your Card for card-not-present transactions (such as online, mail or telephone purchases), the legal effect is the same as if you used the physical Card. The Card includes a PIN that can be used to withdraw any Balance associated with your Card in cash at any ATM displaying the Visa or Plus* acceptance marks. When you use the physical version of the Card at an ATM, the amount of the withdrawal, plus any applicable fees and taxes, will be deducted from the available Balance associated with your Card. The virtual Card may not be used at an ATM. Your Card can also be used at any POS that accepts contactless Visa transactions, subject to merchant purchase limits.
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 by us. The Card is provided to you, only. If you authorize 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.
You agree that, if a merchant required that you sign the sales draft, we are not required to verify your signature on any sales draft prepared in connection with a transaction on the Card and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on 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 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. By registering the Card with the Verified by Visa service and shopping online at Verified by Visa enabled merchants, the Card can only be used by you to make online purchases. You should receive a paper record of each POS transaction or ATM transaction for which you use the Card.
It is your responsibility to obtain such record and ensure that it is accurate. We are not responsible for providing you with any transaction record or periodic statement. If you identify an error in any transaction record, you must address the error directly with the merchant or ATM operator.
We will, upon your request, email to you a written statement of transactions made with the Card at the email address you provided during the Card signup process.
Information About Balance: It is your responsibility to ensure that there is a sufficient Balance to cover transactions plus any pre-authorized amounts. To obtain the current Balance amount, log in to the Shakepay Mobile App or email [email protected].
The Balance will reflect all transactions that have been posted to our system. You are not allowed to exceed the Balance for any transaction.
Using Your Card as a Method of Payment
POS or Online Purchases: Subject to the terms of this Agreement, you may access the Balance to purchase goods and services wherever Visa is accepted, including mail order, online and POS retail merchants. The Card includes a PIN that can be used to withdraw up to the amount of the Balance, or, if lower, the maximum amount permitted under this Agreement, in cash at ATMs displaying the Visa or Plus* acceptance marks. When you use the Card, the amount of the purchase or withdrawal, plus any applicable fees and taxes, will be deducted from the available Balance. You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on your Card. You do not have the right to stop the payment of any transaction 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 any features or services of the Card at any time, with or without cause, as permitted by Applicable Law. When required, we will send you notice before doing so. If you use your Card for card-not-present transactions (such as online, mail or telephone purchases), the legal effect is the same as if you used the physical Card.
Pre-authorized Transactions: Some merchants (including, but not limited to, fuel stations, restaurants, hotels, cruise lines or car rental companies) may pre-authorize the Transaction Amount for the purchase amount plus up to 20% (or more) above the purchase amount to ensure there is a sufficient Balance available in your Shakepay Wallet to cover any tips or incidental expenses. In such cases, your transaction will be declined if your Balance will not cover the Transaction Amount plus the additional amount. A pre-authorization places a ‘hold’ on an amount of your available Balance 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. The hold is typically removed within five (5) days for most standard merchants, and within thirty (30) days for hotels, cruise lines and car rental agencies. During the hold period, you will not have access to the pre-authorized amount.
Insufficient or Negative Balance, Inactivity, and Excess Credit: In the event that, due to a systems malfunction or for any reason whatsoever, you receive cash or credit in excess of what has been paid by you, we may correct such error when discovered and adjust the Balance available in your Shakepay Wallet. You agree to reimburse us for any excess cash or credit received, upon demand. You are not allowed to exceed the Balance available in your Shakepay Wallet for any transaction or cash withdrawal. It is your responsibility to ensure that there is a sufficient Balance in your Shakepay Wallet to cover transactions. Your Balance will reflect all transactions that have been posted to our system. If you attempt to use the Card when there is insufficient Balance available to cover the full Transaction Amount, the transaction in most instances will be declined.
If your Shakepay Wallet has a negative Balance and you attempt a transaction while the Shakepay Wallet has a zero or negative Balance, we or Shakepay will disable the Card to prevent any further transactions until the Balance in your Shakepay Wallet is brought back to a positive Balance. You must not attempt to cause your Shakepay Wallet to have a negative Balance. If a negative Balance is created in your Shakepay Wallet following any transaction initiated or authorized by you, then you agree to repay the amount of the negative Balance to your Shakepay Wallet within ten (10) days of such transaction. Shakepay shall also have the right to exercise remedies available to Shakepay under the Shakepay Terms.
Transactions Made in Foreign Currencies: We convert any transactions made in a foreign currency to Canadian dollars using the Visa Conversion Rate in effect on the day the transaction is posted to your Shakepay Wallet. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. The Visa Conversion Rate may not be the same as the rate that existed on the date the transaction was made. For the Card, we also impose a Foreign Exchange Charge on top of what Visa uses for currency conversion.
However, if a foreign currency transaction is refunded to the Card, the Visa Conversion Rate used to convert your refund to Canadian dollars for the Card is the rate that we pay to Visa minus the Foreign Exchange Charge. Additionally, the rate that we pay to Visa may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to the Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to the Card for that transaction.
Protection Against Loss, Theft, or Unauthorized Use: If your Card is lost or stolen, you will be asked to provide us with the name on the Card and to answer one or more identifying questions drawn from your personal information. If you lose the Card, someone might be able to access and use the Balance in your Shakepay Wallet. It can be used without a PIN to make purchases. We will refund the Transaction Amount to your Shakepay Wallet of all transactions for which you are covered under the Visa Zero Liability Policy. You may call 1-855-574-2539 seven (7) days a week, twenty-four (24) hours a day for the immediate cancellation of the Card upon your request, or suspend or freeze your Card within the Shakepay Mobile App. A replacement Card will be issued within thirty (30) days after you report the Card lost or stolen to customer service, consent to a Card re-issue. You can use the replacement Card to access the Balance in your Shakepay Wallet.
With the Visa Zero Liability Policy, you will not be liable for any unauthorized use of the Card on any transactions processed by Visa. In any case, you must notify Shakepay (at 1-855-574-2539) IMMEDIATELY of any unauthorized use. For the Visa Zero Liability Policy to apply, you must establish, to our and Shakepay’s satisfaction that you are not in any way whatsoever, fully or partially, responsible for the disputed transaction, including, without any limitation, that you notified us immediately following any loss, theft or unauthorized use, and that the unauthorized use does not result in any way from your breach of this Agreement or of the Shakepay Terms. Verification of a Visa Zero Liability Policy claim can take up to one hundred and twenty (120) days once all the paperwork has been received and confirmed by us, and may require a police investigation.
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 via the most recent email address that we have on record for you. We shall, at least thirty (30) days before the Amendment comes into force, send you an electronic mail 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. Notice will be deemed to be received by you the next business day after electronic mail.
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. You are responsible for checking the Website for such notifications. The change will take effect on the date indicated in the notice.
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.
You are responsible for informing us of any change in your mailing or email address, by contacting Shakepay customer service or messaging Shakepay support chat (See “Contact Information” section).
Notice will be deemed to be received on the date of delivery of the notice, and the next business day after electronic mail.
Cancellation: You may at any time terminate this Agreement by signing into the Shakepay Mobile App, visiting the settings page, and clicking the cancelling option, or by calling 1-855-574-2539. We may terminate this Agreement at any time, with or without cause. Upon Agreement cancellation, your Card will also be cancelled, and you should destroy or delete it immediately. Despite any termination of this Agreement, you will have access to your Shakepay Wallet, and you must continue to fulfil your obligations under the Shakepay Terms and this Agreement.
Purchase Disputes and Refunds: If you believe a transaction on your Card is incorrect, you must notify us in writing of your dispute within sixty (60) days of the transaction date. You can view transaction details in the history section of the Shakepay Mobile App. To dispute a transaction, follow the instructions through the dispute section of the Shakepay Mobile App to submit your dispute to us. 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 or ATM operator. 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 with the Card, you agree to accept credits to your Balance in place of cash.
Arbitration (not applicable to residents of Quebec): 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 distributor, 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 Card, first attempt to resolve the complaint or inquiry by emailing Shakepay at [email protected] or message Shakepay support chat.
If Shakepay 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 this website: 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 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
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, including but not limited to Shakepay, 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 will collect information about you (e.g., your name, address, telephone number and date of birth) when you apply for a Card and, if a Card is issued to you, we and our 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 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 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 our 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 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 America) of such personal information to third parties for the purpose set out above.
We will use and rely on your Cardholder Information to issue and administer your Card and provide related services. We and our 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 emailing [email protected] or by contacting Shakepay support chat) 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 support chat (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 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 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. With your consent, Peoples Trust and its service providers may share this information for audit related purposes to ensure you are receiving the best possible customer service.
You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by contacting Shakepay customer service (by emailing [email protected] or by contacting Shakepay support chat) 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 our 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.
Safeguarding Your Personal Information: We protect personal information in our possession or control from loss, theft, alteration and misuse. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. Although technologies can make it easier for fraud to occur, we employ around the clock monitoring systems and controls to detect and prevent fraudulent activity. We also build fraud prevention measures into our due diligence processes and regularly update our fraud detection/prevention methods. While we take precautions to protect your personal information from loss, theft, alteration, or misuse, no system or security measure is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate measures to protect your personal information as well.
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 BALANCE. PLEASE NOTIFY US IF YOU HAVE ANY PROBLEMS USING YOUR CARD. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.
Assignment: 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 Card. 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 Card, 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 (QUEBEC), 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: EXCEPT IN QUEBEC, 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 remain 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 QUEBEC ONLY: The parties attorn to the jurisdiction of Quebec and this Agreement will be construed in accordance with and governed by the laws of the Province of Quebec 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, you can write to [email protected] or contact Shakepay support chat by signing in with your shaketag (username) and password and selecting: Settings > Help > Support Chat. If you need to report a lost or stolen Card, you must IMMEDIATELY cancel your Card by calling Shakepay customer service at 1-855-574-2539, or suspend or freeze your Card in the Shakepay Mobile App.
*Visa Int./Peoples Trust Company, Licensed User
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