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(e) “Ecom” means EcomCard Canada Inc. by whom the Cards are issued. |
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(f) “Issuer” means Servus Credit Union Limited for whom the Cards are issued. |
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(g) “Primary Cardholder” means the person who applied for the Account and in whose name the Account was opened.
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(h) “Purchase” means a payment for goods or services obtained from a merchant that is charged to your Account with your Card.
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(i) “Transaction” means any Purchase, Cash Withdrawal, fee, credit or debit adjustment, loading of funds and any other amounts that may be charged to your Account with your Card. |
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(j) “We”, “our” and “us” mean Servus Credit Union Limited. |
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(k) “You” and “your” mean the Primary Cardholder and any Additional Cardholders, unless otherwise indicated.
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2. CARD OWNERSHIP |
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Your Card belongs to us and cannot be transferred to anyone else. You are the only person permitted to use your Card. |
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| 3. CARD USE |
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You may only use your Card as allowed in this agreement.
The Card is a "prepaid" MasterCard card because funds are loaded to the Account to which the Card has access. The Card is not a credit card because we agree to honour transactions only up to the balance on your Account. The funds held on your Account are not held in a separate deposit Account for you by the Issuer, do not earn interest, and are not a deposit that is insured under the Canada Deposit Insurance Corporation Act.
The minimum load amount is $10. Your Account balance cannot exceed $2,500 CDN of personal load funds. Your Account balance cannot exceed $10,000 CDN of employer load funds. The aggregate Account balance cannot exceed $12,500 CDN. If your Account balance is at $12,500, then Ecom holds the new funds in reserve until your balance is below $12,500 and can be loaded with the next funds. You may use your Card to purchase goods and services wherever MasterCard is accepted. The maximum amount of Purchases you can make using Point-of-Sale (“POS”) terminals on any business day is $10,000 CDN.
You may not withdraw more than an aggregate of $2,500 CDN on any business day at an Automated Teller Machine (“ATM.”) All ATM machines have individual pre-set maximum withdrawal amounts that may limit your withdrawal amount. You authorize Ecom to charge your Account with the amount of any Purchase or Cash Withdrawal. You cannot use your Card to obtain cash from a merchant. If you provide your Card number without presenting your Card to make a Purchase online, the Transaction is treated the same as if you had
used your Card and signed a purchase slip. You are not permitted to make pre-authorized regularly recurring payments from the Card. A merchant may refuse to accept a "split payment" where part of a Purchase is paid with the Card and the remainder with another form of payment. We are not liable if any Transaction cannot be processed by a merchant or otherwise. You must sign your Card as soon as you receive it. You must not use your Card before it has been activated or after the “expiry date” shown on your Card. If a balance remains on your Account upon expiry, a refund, less any applicable fees will be issued to the Primary Cardholder upon request to Ecom.
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| 4. CARD USAGE LIMITATIONS |
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We recommend that you NOT use your Card in situations where a hold or security charge is placed on your Account in addition to the services you are purchasing, e.g., when renting a car, reserving a hotel room, or onboard cruise charges. In these situations you can, however, use your Card to pay for the services upon completion, e.g., at the end of the car rental or when you check out of your hotel room. Also, restaurants or other establishments that routinely expect tips will often request card payment authorization for an additional amount (typically, a fixed percentage of approximately 20%) over the bill amount that is presented to you. The authorization request for this additional amount is meant to cover the tip that they expect you will add to the bill. To avoid a decline or a hold if your Account balance is low, you can ask the establishment to authorize a specific dollar amount. We do not guarantee that the establishment will fulfill this request.
You cannot use your Card on Pay-At-The-Pump devices at gas stations; however, you may use your Card to pay for the gasoline at the cashier’s counter. You cannot use your Card at gaming or betting establishments or on websites which conduct gaming or betting activities.
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| 5. ACTIVATING YOUR CARD |
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Upon receipt of your Card, go to www.ecomcards.com, select LOG-IN and follow prompts to activate the Card. Please have your 16-digit Card Number, 5-digit Card Identification Number (CID) found under the scratch-to-reveal label on your card carrier, and assigned Activation Code available. You will also be asked to enter your date of birth and telephone number. The physical address that you provided upon purchasing your Card will be automatically populated. Your identity will be immediately confirmed and you will be requested to select a Personal Identification Number (“PIN”) to enable ATM access. Your Card will then be activated.
The collection, use, disclosure, and transfer of your personal information will be dealt with in accordance with this agreement and in accordance with Ecom’s Privacy Policy, which is incorporated into this agreement by reference and which complies with the privacy legislation and/or an individual’s right to privacy is different from one jurisdiction to another. The Privacy Policy covers only those activities that are subject to the provisions of Canada’s federal and provincial privacy laws, as applicable. You are encouraged to frequently review the Privacy Policy which is available on the Ecom website at www.ecomcards.com, as it forms a part of this agreement and it may be amended, replaced or supplemented from time to time without prior notice. |
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| 6. PERSONAL IDENTIFICATION NUMBER (“PIN”) AND CONFIDENTIALITY |
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Your PIN is required to obtain cash from any ATM. All ATM transactions are treated as Cash Withdrawal transactions. You must keep your PIN confidential. You must also keep your PIN separate from your Card at all times. |
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| 7. ATM ACCESS |
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Your Card may be used to obtain cash from any ATM bearing the MasterCard®, Cirrus® or Interac® acceptance marks. ATM withdrawals may also be subject to fees by the ATM owner or operator. See the Fee Schedule under section 12 which lists the fees for this type of Transaction. You cannot make a deposit by ATM onto your Card Account. |
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| 8. ACCOUNT BALANCE |
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Your Account balance will at all times be equal to the funds loaded onto your Account, less the total of all Purchases, Cash Withdrawals, fees and any other amounts that may be charged to your Account under this agreement. No interest will be paid to you on your Account balance. Your Account balance will decrease each time you use the Card for a Transaction. In addition, at the time of a Transaction, your Account balance will decrease in the amount of any fees applicable as disclosed on your Fee Schedule.
You will not be able to complete a Transaction if the amount of the Transaction, plus applicable fees, exceeds your Account balance. You must not exceed your Account balance. If you make a Transaction that exceeds your Account balance, you are liable for and must immediately repay any overdraft regardless of how it has been incurred, together with any applicable fees. Ecom may charge overdraft and applicable fees against any funds subsequently loaded to your Account.
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| 9. FOREIGN CURRENCY TRANSACTIONS AND CURRENCY CONVERSION |
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If you make a Purchase in a currency or country other than the currency in which your Account was issued, the amount deducted from your funds will be converted by MasterCard International Incorporated into an amount in the currency of your Account. MasterCard will establish a currency conversion rate for this convenience using a rate selected by MasterCard International from the range of rates available in wholesale currency markets for the applicable central processing date. This rate may vary from the rate MasterCard itself receives or the government-mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment we determine as the Issuer. This percentage amount is independent of any amount we take as the Issuer in accordance with these terms and conditions. If you make a Transaction in a currency or country other than the currency in which your Account was issued, Ecom will increase the currency conversion rate (described above) by an additional 2% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by MasterCard. |
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| 10. TRANSACTION INFORMATION
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Ecom will make available online Account statements detailing activity on your Account at www.ecomcards.com. You may also obtain your Account balance by calling Customer Support toll free at 1-866-326-6227. You will not receive paper Account statements unless you specifically ask for one and agree to pay the applicable fee. You must notify Ecom in writing at EcomCard Canada Inc., Testa Professional Building, 2 Campbell Drive, Suite 807, Uxbridge, Ontario, L9P 0A3, of any error or question you may have with respect to a Transaction, no later than 30 days after the date of the Transaction. Otherwise, you agree that Ecom’s records of your Transactions are correct. Ecom may reverse at any time, any credit amounts that Ecom has improperly loaded to your Account. |
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| 11. ACCOUNT BENEFITS AND SERVICES |
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Ecom may offer you Account benefits and services that have their own terms. Ecom will provide you with supplementary terms for any Account benefits and services which you accept. Ecom may amend or withdraw any Account benefit or service that Ecom provides directly at any time, without notifying you in advance.
CDN PAYROLL PLUS EC 505 16-JUNE-2008 eCOM PREPAID MASTERCARD® CARDHOLDER AGREEMENT EcomCard Canada Inc.
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| 12. FEE SCHEDULE |
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You authorize Ecom to charge your Account, where applicable, with the fees shown below or as described in any notice Ecom may provide you. Owners or operators of ATMs may charge additional fees for Cash Withdrawals.
Fee Description Cardholder Fee
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Account Overdraft Fee |
$ 5.00 |
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Additional/Replacement Card Fee |
$10.00 |
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ATM Balance Inquiry Fee (Third Party ATM Fees may also apply) |
$ 1.00 |
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ATM Decline Fee (Third Party ATM Fees may also apply) |
$ 1.00 |
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ATM Withdrawal or Over-the-Counter Withdrawal Fee - One withdrawal |
$ 1.75 |
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waived per employer load. (Third Party ATM Fees may also apply) Balance Refund Fee |
$ 7.50 |
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Card Activation Fee |
$ 3.00 |
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Card Price |
$ 9.95 |
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Foreign Currency Conversion Fee |
2% |
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International ATM Withdrawal Fee (Third Party ATM Fees may also apply) |
$ 3.00 |
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International POS Usage Fee |
$ 0.50 |
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Live Customer Support - per incident |
$ 4.00 |
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Load Fee |
$ 3.00 |
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Monthly Account Fee |
$ 4.25 |
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Paper Statement Fee - per request |
$ 7.50 |
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POS Decline Fee (Third Party ATM fees may also apply) |
$ 1.00 |
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POS Usage Fee |
$ 0.00 |
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Toll Free Telephone Customer Support and Web Inquiries |
$ 0.00 |
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| 13. YOUR RESPONSIBILITY FOR LOST OR STOLEN CARDS |
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You must use reasonable care to safeguard your Card against loss or theft. You must notify Ecom by telephone as soon as, and no later than within 24 hours of learning of the loss or theft of your Card or that the confidentiality of your PIN has been compromised. |
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| 14. YOUR LIABILITY FOR UNAUTHORIZED USE OF CARDS |
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If your Card is used without your authorization, you will not be liable for an unauthorized use of your Card if you used reasonable care to safeguard your Card against loss or theft; there has not been more than one unauthorized use of your Card within the previous 12 months; and your Account is in good standing. If you do not meet these criteria, your maximum liability to Ecom for an unauthorized use of your Card is $50.
However, if your Card and PIN are used together without your authorization, your maximum liability to Ecom will be $500 if you willingly disclosed your PIN to another person, did not keep your PIN separate from your Card, or did not notify Ecom by telephone as soon as, and no later than within 24 hours of learning that your Card was lost or stolen, or that the confidentiality on your PIN had been compromised. Ecom retains the right to fully investigate instances of fraud made against your Card when reported by you and base your liability on the results of such investigation which may include the review of video and other possible evidence.
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| 15. NO LIABILITY |
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We shall not be liable for any claims whatsoever, including without limitation, claims for personal injury, death, damage to property or economic loss, howsoever caused, breach of contract or any other tort or cause of action at common law, in equity or by statute, arising from the use of the Card. We shall not be liable for any indirect incidental, special or consequential damages or for lost profits, savings, revenues or opportunities of any kind, whether or not we had knowledge, actual or constructive, that such damages might be incurred. |
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| 16. THIRD PARTY RIGHTS |
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Nothing in this agreement will confer on any third party any benefit or the right to enforce any terms of this agreement. |
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| 17. PROBLEMS WITH MERCHANTS |
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We are not responsible for any problems or disputes you may have with a merchant or for a merchant not honouring your Card. If you have any problems or disputes with a merchant, your Account will still be charged for the Purchase in accordance with this agreement until the merchant issues you a credit to your Account or a credit note. You must settle any problems or disputes you may have directly with the merchant. |
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| 18. CARD EXPIRY OR ACCOUNT INACTIVITY |
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Your Card is valid for two (2) years. Upon expiry of your Card, you have the option to purchase another Card and have it assigned to your current Account. Regular card purchase and load fees apply. Cards will not be automatically reissued. If your Card expires with an Account balance remaining, the monthly Account fee will continue to be deducted from your Account until remaining funds are depleted at which time the Account will be closed. At any time before or after the Card expiry date, you may request a balance refund via cheque by notifying Customer Support at 1-866-326-6227 or writing to Ecom at EcomCard Canada Inc., Testa Professional Building, 2 Campbell Drive, Suite 807, Uxbridge, Ontario, L9P 0A3. Ecom will refund the balance of the Account to the Account owner upon request, less any applicable fees. |
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| 19. CANCELLATION |
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We have the right at any time, without notifying you in advance, to cancel any Card(s) on your Accountand withdraw all your rights and privileges in respect of your Card(s) and your Account. We require the immediate return of all your Card(s) on cancellation or withdrawal of privileges. We may seize all your Cards.
Additionally, on cancellation you are not entitled to use your Card(s) or Account. You must repay any overdraft immediately. Ecom will refund the balance of the Account if requested. You may cancel your Card or any of your additional Cards, or cancel your Account at any time by notifying Customer Support at 1-866-326-6227 or writing to Ecom at EcomCard Canada Inc., Testa Professional Building, 2 Campbell Drive, Suite 807, Uxbridge, Ontario, L9P 0A3. If you elect to cancel your own Card, but do not request cancellation of your additional Card(s), such additional Cards will not be cancelled and you will remain responsible under this agreement for the use of such additional Cards. If you elect to cancel your Account, all Cards associated with your Account will also be cancelled.
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| 20. CHANGES |
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We may change this agreement or anything disclosed on the Fee Schedule from time to time, by providing notice on the Ecom website at www.ecomcards.com. Any changes posted on the Ecom website will become effective immediately after publication. |
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| 21. ASSIGNMENT |
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We may assign this agreement or any of its terms at anytime to a third party. |
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| 22. BINDING ARBITRATION |
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Unless we otherwise elect, any dispute regarding the terms and conditions of this agreement, including validity, existence, binding effect, interpretation, performance, breach or termination, and including tort claims, shall be referred to and finally determined, to the exclusion of the courts, by a single arbitrator. The arbitration shall take place in Edmonton, Alberta, in English, and in accordance with Alberta laws. In all other respects the arbitration shall be governed by and subject to the Alberta Arbitration Act. The arbitration shall be conducted in strict confidence with no disclosure to any person of the fact of the dispute or any aspect of the dispute except as necessary for resolution of the dispute.
“We,” “us” and “our”, as solely used in this Provision, shall mean the Issuer, Ecom, and their partners, wholly or majority-owned subsidiaries, affiliates, successors, assigns and any of their employees, officers and directors, and shall also include any third party providing any goods and services in connection with the Card or Account if such third party is named as a party in any claim filed by you against us. With respect to any claim or action against us relating to this agreement, 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 a 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 any claim arising out of this agreement.
The Card(s) and Account are issued by Servus Credit Union Limited, pursuant to a licence from MasterCard International Incorporated. MasterCard® is a registered trademark of MasterCard International Incorporated. EcomCard Canada Inc. is a registered agent of Servus Credit Union Limited.
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This card is issued by Servus Credit Union Ltd. pursuant to a license by MasterCard International Incorporated. |
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