CARD USER TERMS AND CONDITIONS FOR A PREPAID CARD
CARD USER TERMS AND CONDITIONS FOR DCBANK PREPAID CARD
1. DEFINITIONS
The terms below have the following meanings when used in these Terms:
Approved Retailer: any retailers offering automobile repair services, fuel or fuel-related services, including affiliated service stations, convenience stores, or car washes approved by Business Cardholder and us for purchases using the Card.
Authorized Administrator: any designated person authorized by Business Cardholder to administer the Business Wallet and associated Card Account(s), including without limitation designating Card Users, funding Card Accounts, and setting Card Account limitations.
Balance: an amount of funds that, once authorization occurs, are loaded onto a Card for immediate use by Card User.
Business Cardholder: the entity that has qualified for and established a Business Wallet and one or more Card Account(s), who is permitted to provide the Card to you for use in your capacity as a “Card User” in the manner contemplated in these Terms.
Business Wallet: the virtual wallet which is associated with Cards issued under this Agreement and includes the record of debits and credits with respect to transactions originated by a Business Cardholder or Card User and any other transactions.
Card: a prepaid card issued by DCBank, or any replacement card, which allows you to access funds loaded on the Card Account and which may also provide you with access to certain products and services and which the Card User may be permitted to use to pay for transactions at an Approved Retailer. The term "Card" also includes the temporary instant issue card that may be provided to you until you receive a permanent Card.
Card Account: means a sub-account of the Business Wallet and the records maintained by us for each Card associated with the Business Wallet that is requested by the Business Cardholder or any Authorized Administrator.
Card Program: the program through which we issue one or more Cards to the Business Cardholder for use by the Business Cardholder, its Authorized Administrator or Card Users to assist the Business Cardholder in managing corporate expenses.
Card User: any person or entity that is provided with a Card by or at the request of the Business Cardholder or any Authorized Administrator for use through the Card Program, or who is otherwise authorized by the Business Cardholder or any Authorized Administrator to use a Card to purchase goods or services at Approved Retailers.
Card User Terms and Conditions: these terms and conditions governing the use of a Card by a Card User, between the Card User and DCBank.
Customer Service Representative: a customer service representative, available to you through the Customer Service number listed on the first page of these Terms.
DCBank: Digital Commerce Bank.
Funds Available: the amount of funds that have been successfully loaded from the Business Wallet to a Card Account, up to the Funds Available Limit (as described in the Limits Table), less the total amount of: (i) all purchases (including any amounts relating to pending or preauthorized transactions); (ii) any holds placed on funds that have been loaded; (iii) any fees and other amounts that may be charged to a Card under the Agreement (if applicable).
loading: "loading" the Card Account is the process of adding funds or increasing the balance of funds that may be accessed on a Card.
Head of an International Organization: (sometimes referred to as an HIO) is a person who is either (i) the head of an international organization established by the governments of states; or (ii) the head of an institution established by an international organization. An international organization is an organization set up by the governments of more than one country. If an organization was established by means of a formally signed agreement between the governments of more than one country, then the head of that organization is a HIO. The existence of these organizations is recognized by law in their member countries, but the organizations are not seen to be resident organizations of any one-member country.
Politically Exposed Canadian Person: a PEP (sometimes referred to as a Domestic PEP) in/from/related to Canada.
Politically Exposed Foreign Person: a PEP (sometimes referred to as a PEFP) in/from/related to a country outside of Canada.
Politically Exposed Person: (sometimes referred to as a PEP) is (A) any person who holds or has ever held one of the following offices or positions in or on behalf of a country: (1) a head of state or government, (2) a member of the executive council of government or member of a legislature, (3) a deputy minister (or equivalent), (4) an ambassador or an ambassador's attaché or counsellor, (5) a military general (or higher rank), (6) a president of a state owned company of bank, (7) a head of a government agency, (8) a judge, or (9) a leader or president of a political party in a legislature; or (B) any of the following family members of an individual described in (A)(1)-(9): (i) mother, (ii) father,
(iii) spouse, (iv) common law partner, (v) spouse's or common law partner's mother or father, (vi) brother, (vii) sister,
(viii) half- brother, or (ix) half-sister, (in all cases regardless of citizenship, residence status, or birth place).
PIN: Personal Identification Number.
POS Transaction: a transaction where you access any Funds Available that have been loaded as a Balance to purchase goods and services wherever a Card is accepted by a merchant or business.
Privacy Code: the DCBank privacy code, which may be updated from time to time.
Terms: these Card User Terms and Conditions between DCBank and the Card User, the Privacy Code, and any amendments, replacements or updates we may provide from time to time.
transaction: any transaction that is associated with a Business Wallet, Card Account or a Card including, but not limited to, any POS Transaction.
We, us, our, and DCBank: DCBank or its agents.
Website: the Website which is listed on the first page of this Agreement, which you may access for details on the transactions you made on your Card or to obtain a copy of these Terms.
You, your and yours: the Card User and any other person who uses the Card.
2. ACCEPTANCE AND AGREEMENT TO TERMS AND CONDITIONS
2.1 These Terms are between you and DCBank and govern the use of the Card. You should keep a copy of these Terms with your important records. These Terms shall come into effect on the date that is the earlier of (i) the date that we issue you a Card, (ii) the date that the Card is activated or (iii) the date of the Card's first use.
2.2 You agree to be bound by these Terms as a condition of using the Card. As a Card User, you are only permitted to use the Card as permitted by the Business Cardholder in accordance with the Cardholder Agreement between the Business Cardholder and DCBank. You may be required to fulfill some of the obligations of the Business Cardholder, including those set out in these Terms and pursuant to your agreement(s) with the Business Cardholder.
2.3 You will receive a Card issued by DCBank. You must immediately, and before using the Card, sign the back of the Card. By activating or otherwise using the Card, you, as the Card User, acknowledge having (i) received and read these Terms, (ii) accepted these Terms, and (iii) agreed to the fees that are detailed herein.
2.4 You may receive a temporary "instant issue" Card issued by DCBank. Subsequently you may receive (to the address you provided) a permanent Card with your name on it. Once you receive and activate the Card, your temporary Card will no longer be active. You may also have more than one permanent Card from time to time.
3. OWNERSHIP OF THE CARD
3.1 The Card belongs to us and you cannot transfer it to anyone else without our consent. The Card is for your use alone for the purposes specified to you by the Business Cardholder and you must comply with the terms and conditions of these Terms. You must return the Card immediately when we request it.
3.2 You are responsible for all transactions initiated by use of the Card. If you permit someone else to use the Card, you agree that we may refuse to authorize any transactions initiated by such person with the Card. However, if we authorize transactions by another person, we may treat such person as authorized by you to use the Card and you authorize us to debit the amount of such transactions from the Funds Available.
4. USING THE CARD
4.1 The Card is a prepaid card, which means the Card Account associated with your Card must be loaded or preloaded with a certain amount of funds by the Business Cardholder prior to a transaction being made with a Card. Cards maintain a $0 balance and each Card is loaded with a Balance from the Card Account in real-time when the Card is presented for a transaction if there are sufficient funds in the Card Account for the transaction, subject to any limits and restrictions placed on the Card by us or the Business Cardholder.
4.2 The card is not a credit card. We will only honour transactions for an individual Card up to the amount of the Funds Available in the relevant Card Account managed by the Business Cardholder. You must always make sure you have sufficient Balance on a Card to cover the transaction plus any pre-authorized amounts. The balance of a Card Account can be obtained on the Website. [NTD: If this is not the case, how can the Card User determine their balance?]
4.3 The Card may only be used at any Approved Retailer that accepts Visa, subject to the restrictions set out in these Terms. Subject to the limitations in the Limits Table above, the Card can be used to pay the full transaction amount from Approved Retailers, including applicable taxes. For a complete list of Approved Retailers, you may contact the Business Cardholder.
4.4 When a Card is used to make a purchase at an Approved Retailer, the transaction amount will be deducted from the Funds Available in the relevant Card Account and loaded as a Balance on the Card.
4.5 Except as provided in Section 5.3 below, the transaction will likely be declined if the Balance on your Card is not sufficient to complete the transaction, including any associated fees and taxes. You can ask the merchant if they will accept a split tender transaction. This will enable you to use the amount up to the amount of the Balance and cover the difference with another form of payment. Merchants are not obliged to accept split tender transactions.
4.6 Certain merchants may place a hold on the Balance by way of a pre-authorized charge. This may happen when you pay for gas at the pump. A Card can be used in these situations, however, the amount of the Balance will be reduced by the amount of the hold and, as a result, will not be available to you until the merchant releases the hold.
4.7 Any funds which are loaded in the Business Wallet or a Card Account, or a Balance: (i) are not on deposit with DCBank;
(ii) do not establish a separate individual deposit account; (iii) do not earn interest; and (iv) are not insured deposits under the Canada Deposit Insurance Corporation Act.
4.8 You may access the Balance on a Card to complete POS Transactions. When you use the Card, the amount of the purchase plus any applicable fees and taxes for the POS Transaction will be deducted from the Balance/Funds Available in the Card Account. The Card may not be used for ATM cash withdrawals.
4.9 The Card will be valid and usable by a Card User until the Balance/Funds Available in the Card Account connected to such Card are depleted or until the expiry date associated with the Card. Notwithstanding the expiry date associated with the Card, your right to use the Funds Available that are loaded in the Card Account associated with your Card will not expire. When the Card expires, you can obtain another Card by calling a Customer Service Representative. However, the Business Cardholder may transfer funds from the Card Account to the Business Wallet at any time such that there will be no Funds Available.
4.10 You must stop using your Card immediately upon request by us. We may, in our sole discretion, cancel or suspend any features or services of the Card at any time, with or without cause, upon notice to you or as otherwise required by applicable law.
4.11 You agree to comply with all laws and not to use or permit the use of the Card for any illegal transactions, including the purchase of goods or services forbidden or not available to minors.
4.12 To use a Card you represent and warrant to us that: (a) you are at least 19 years of age (if you reside in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon) or, if you reside in another province, at least 18 years of age; (b) you are a Canadian citizen or residing in Canada; (c) the information you provide to us or to Business Cardholder to provide to us, is truthful, accurate, current, and complete; and (d) you received a copy of these Terms and agree to be bound by and to comply with them.
5. FUNDS AVAILABLE
5.1 Your Card and the Card Account may only be loaded and used up to the amounts described in the Limits Table above. You acknowledge and agree that DCBank may from time to time and at any time, in its sole and absolute discretion, amend the maximum amounts and limits provided in the Limits Table for any given period, with or without notice to you.
5.2 The time before funds become available may vary.
5.3 Your Card can only be used if the Funds Available in the related Card Account are sufficient to load the Card with a Balance to cover your transaction, including any associated fees and taxes. Otherwise, the transaction will in most cases be declined. However, if an authorization should occur for any amount over the amount of the Balance on the Card, due to an offline transaction or for any other reason, the Business Cardholder is responsible for repaying us the amount that exceeds the Balance, regardless of how it was incurred. You may be responsible to reimburse the Business Cardholder for this amount, on the terms and conditions of your agreement with the Business Cardholder.
5.4 If the Card Account associated with your Card does have not any Funds Available or insufficient funds for a transaction and you attempt three transactions, we will disable the Card to prevent any further transactions until the Card Account associated with the Card has sufficient Funds Available.
5.5 You may obtain information about the Funds Available in the Card Account associated with your Card by calling a Customer Service Representative at the number listed on the first page of these Terms. For details on the transactions you made on your Card or to obtain a copy of these Terms you can access the Website listed on the first page of these Terms.
5.6 It is your responsibility to obtain a paper record of each POS Transaction for which you use the Card and ensure that it is accurate. DCBank is not responsible for providing you with any transaction record or periodic statement. If you identify an error in any transaction record, you must address such error with the applicable merchant. Furthermore, you must notify a Customer Service Representative by contacting the number listed on the first page of these Terms within 30 days after the receipt is issued on which the problem or error appeared, failing which DCBank will not have any responsibility to assist you to rectify the situation.
6. YOUR RESPONSIBILITY FOR LOST, STOLEN OR MISUSED CARDS
6.1 You are solely responsible for the possession, use and control of your Card. You must take reasonable care to safeguard the Card and your PIN against loss, theft or misuse. You must not allow any person to use the Card. If you authorize or permit someone else to use the Card and/or PIN, the Business Cardholder will be liable for all resulting transactions and any fees and losses incurred, even if the other person was a minor or did not comply with any limitations you placed on their use of the Card. The Business Cardholder will be liable for all charges incurred in connection with the unauthorized use of the Card. You may be responsible to the Business Cardholder to repay these charges, pursuant to your agreement with the Business Cardholder.
6.2 If you lose a Card, someone might be able to use the Card to access Funds Available. A Card 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 your PIN. You can safeguard your PIN by:
a. Not voluntarily disclosing it to anyone, including friends or family members;
b. Keeping your PIN separate from the Card; and
c. Not choosing a PIN selected from easily accessible information such as your name, date of birth, telephone numbers, address or social insurance number.
6.3 You must notify a Customer Service Representative by telephone within twenty-four (24) hours if you learn of the loss, theft or misuse of the Card, or if you know or suspect that someone else knows your PIN.
6.4 If someone uses the Card without your authorization, the Business Cardholder will not be held responsible if:
a. You did not contribute to the unauthorized use
b. You used reasonable care to safeguard the Card and your PIN, and
c. You notified Customer Service Representative by telephone within twenty-four (24) hours after you learned of the loss, theft or misuse of the Card, or after you suspected that someone else knows your PIN.
If you do not meet the above conditions, the Business Cardholder will be responsible for all the charges incurred in connection with the unauthorized use. You may be responsible to reimburse the Business Cardholder for these charges, pursuant to your agreement with the Business Cardholder.
6.5 You agree to cooperate and help with any investigation that we conduct regarding the unauthorized use you reported before we will consider reimbursing the Business Cardholder for any losses. This cooperation may include filing a report with law enforcement authorities.
7. FEES WE CHARGE
7.1 We do not charge fees for the use of a Card. You may be charged a third-party fee by certain third parties, including retailers and financial institutions involved in the Card transaction. Such third-party fees and charges are not within our power and control. Third-party fees are part of the cost of the transaction and will be reflected in transaction costs for Card usage. You agree and authorize us to pay such fees and charges, if any, from the Funds Available held in your Business Wallet.
8. CHANGES TO THESE TERMS
8.1 A current copy of these Terms can be obtained on the Website at any time. We may propose to change any of the terms of these Terms, either permanently or temporarily (including any fee(s) or amounts to be paid by you or Card features) or replace these Terms with another set of terms and conditions, at any time. If we make a change to these Terms, we will notify you of such amendments by updating these Terms on the Website or delivering such amendments electronically or otherwise, in compliance with applicable law.
8.2 We may make any other change to these Terms in order to comply with any governmental, provincial, or federal laws or regulations governing the Card or for any other reasons we may see fit by posting a notice on the Website.
9. FOREIGN CURRENCY TRANSACTIONS
9.1 The Card is in Canadian currency. Unless otherwise specified, all references to dollar amounts in these Terms (without further description) mean Canadian dollars.
9.2 We convert transactions made in a foreign currency to Canadian dollars. If you make a purchase with the Card in a currency other than Canadian currency, you authorize us to convert the amount of such transaction to Canadian currency based on the rate charged by the card network (Visa) on the day we process the transaction.
9.3 We will also convert credits (e.g. refunds or returns) in a foreign currency to Canadian currency based on the rate charged by the network (Visa) on the day we process the credit.
9.4 Our refund exchange rate may not be the same as the rate that was in effect on the date the transaction was refunded. The difference between our purchase exchange rate and our refund exchange rate means that the amount credited to the Card for a refund of a foreign currency transaction will in most cases be less than the original amount charged to the Card for the transaction.
10. CANCELLATION
10.1 In provinces and territories other than Quebec, we may at any time, without notice, do any of the following:
a. cancel any Card connected to the Business Wallet or a Card Account;
b. cancel your rights and privileges related to the Card; or
c. require you to immediately return all the Cards to us.
10.2 In Quebec, even if you are not in default under these Terms, we may terminate these Terms at any time, upon 60 days
written notice to you.
10.3 If we cancel the Card, withdraw your rights and privileges then we may seize the Card or require you to destroy the Card and you may not use the Card.
10.4 You may at any time terminate these Terms and your Card by contacting us through the number listed on the first page of these Terms and returning such Card(s) to the Business Cardholder, DCBank or other authorized agent. Despite any termination of these Terms, you must fulfill all of your obligations under these Terms, and you remain responsible for any use of the Card even after the Card is terminated or expires.
11. ABOUT YOUR PERSONAL INFORMATION
11.1 Personal information is information that identifies you as an individual. It includes not only your name and address, age and gender, but also your personal financial records and identification numbers.
11.2 In the course of providing the Card, we may collect and use your personal information to confirm your identity, provide Card services to you, provide notifications, and communicate with you by telephone or writing. We may also use your personal information to report to any governmental body or agency.
11.3 Except as required by law or for the purposes of these Terms, we will protect the confidentiality of your personal information and will not disclose your personal information without your consent. You may withdraw your consent to such use at any time by notifying us in writing. In the event you refuse to consent to our use of your information, and that as a consequence, we may no longer serve you, you must return the Card to DCBank. The Card will be cancelled subject to the requirements of these Terms.
11.4 Calls to a Customer Service Representatives may be monitored and/or recorded for quality purposes.
11.5 We are committed to respecting the privacy of your information and we will not collect, use or disclose your information in a manner that is inconsistent with the Privacy Code available at www.dcbank.ca.
12. POLITICALLY EXPOSED PERSON
12.1 By agreeing to the terms and conditions of these Terms, you certify to DCBank that you are not, and are not owned or controlled by, a Politically Exposed Foreign Person, or Politically Exposed Canadian Person or Head of an International Organization and that you are requesting and using a Cardon your own behalf and not on behalf of any other person.
13. ELECTRONIC COMMUNICATIONS
13.1 If your consent is required by applicable law and you provide us with your consent, we may provide any information relating to the Card electronically, including over the internet, through online or mobile banking or to any email address that you have provided for this purpose.
13.2 If you have provided us with an email address or cellular phone number capable of receiving text/SMS messages, it means that you agree that we can send you messages by text/SMS messages. Information sent via text/SMS messages may contain personal information and that it is your responsibility to ensure that the numbers you provided are secure and under your control. If you would like to discontinue email or text/SMS messaging, you may do so by contacting us through the number listed on the first page of these Terms. If the email addresses or cellular numbers you provided are invalid, cease to be active, or bounce back messages indicating the applicable email or phone account is not able to receive messages, we will have no obligation to try to contact you through other means to obtain a valid and operating email address or cellular number. Any cost incurred by you as a result of receiving email messages or text/SMS messages are your responsibility.
13.3 For legal purposes, documents that you have received electronically will be considered to be "in writing" and to have been signed and/or delivered by DCBank. We may rely upon and treat as duly executed and binding on you any electronically authenticated document that we receive from you or which appears to have been sent by you.
14. IF YOU HAVE A PROBLEM WITH A CARD
14.1 You agree that we will not be liable to you for any loss, damages or expenses whatsoever for any reason including but not limited to the following:
a. any declined transaction;
b. any failure due to events outside our reasonable control, including the failure, error, malfunction or technical problems related to systems or equipment;
c. any problem you have with a merchant, including a merchant's refusal to accept our Card or to provide a good or a product;
d. the lack of suitability or quality of any goods or services purchased from retailers through the use of the Card;
e. our taking of any action required by any government under federal or provincial law or court order;
f. anything specifically excluded or limited elsewhere in these Terms; or
g. any breach or violation of these Terms by you.
14.2 Your sole recourse as a result of loss, damages or expenses related to your use of a Card is against the Business Cardholder, and not DCBank.
14.3 Except in Quebec, we will not be liable for any claims whatsoever, including claims for personal injury, death, damage to property or economic loss, howsoever caused, arising from the use of the Card, negligence on our part, breach of contract or any other tort or cause of action at common law, in equity or by statute.
14.4 Except if you reside in Quebec, with respect to any action or claim related, directly or indirectly, to a complaint or inquiry, you agree that joinder or consolidation of any action with the action or actions of any other persons is not permitted and you will not request and will oppose any such joinder or consolidation. Furthermore, you agree not to commence or participate in any class action either as a representative plaintiff or as a member of a plaintiff if the class action involves directly or indirectly any complaint or inquiry arising out of or related to these Terms.
14.5 Information sent over the Internet may not be completely secure and the Internet and related online systems may not function at all times. Accordingly, we are not responsible for any loss or damages that you may incur if a third party obtains access to your confidential information transmitted over the Internet.
15. IF YOU HAVE A COMPLAINT
If you have a complaint or inquiry about any aspect of a Card, including loading the Card Account or the Funds Available, please call a Customer Service Representative toll-free at the number listed on the first page of these Terms. You may also call a DCBank customer service representative at the DCBank Customer Service number listed on the first page of these Terms.
If you have a complaint, we encourage you to let us know and give us the opportunity to resolve the issue. A copy of DCBank's complaint and dispute resolution procedure is available on the DCBank website and can be directly accessed here: https://www.dcbank.ca/legal/resolving-complaints/. We will do our best to resolve your complaint or inquiry.
All banks must comply with a variety of federal consumer laws that protect you. The Financial Consumer Agency of Canada ("FCAC") supervises all federally regulated financial institutions for compliance with federal consumer protection laws. The FCAC does not resolve individual customer complaints, but will determine whether we are in compliance. If you have a complaint about a potential violation of federal consumer protection laws, please contact us or you may contact the FCAC by mail at: 6th Floor, Enterprise Building 427 Laurier Avenue West, Ottawa, Ontario K1R 1B9, by phone at 1-866-461- 3222 for service in English or 1-866-461-2232 for service in French or online at www.fcac-acfc.gc.ca.
16. OTHER TERMS
16.1 Entire Agreement
These Terms set out the entire agreement between you and DCBank with respect to the services provided by DCBank for the use of the Card. These Terms replaces all prior agreements and understandings between the parties with respect to the Card.
16.2 Severability
If any term of these Terms is found by a court to be illegal or not enforceable, all other terms will still be in effect.
16.3 Assignments
The Card and your obligations under these Terms may not be assigned. We may transfer our rights under these Terms.
16.4 Governing Law
These Terms will be governed by the laws of the province of Alberta and the applicable laws of Canada. The parties submit to the exclusive jurisdiction of the courts of Alberta in relation to any dispute arising out of these Terms.
- End of Terms -