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Cardholder Agreement IMPORTANT – PLEASE READ CAREFULLY
Terms,
Conditions and Definitions for the JUST ENERGY Prepaid MasterCard® -
This document constitutes the agreement (“Agreement”) outlining the terms and
conditions under which a non-personalized JUST ENERGY Prepaid
MasterCard and/or personalized JUST ENERGY Prepaid
MasterCard has been issued to you. By accepting and using the Card, you agree
to be bound by the terms and conditions contained in this Agreement. “Card”
means the non-personalized JUST ENERGY Prepaid
MasterCard and/or personalized JUST ENERGY Prepaid
MasterCard issued to you by All Trans Financial Services Credit Union Limited
(All Trans). “Non-Personalized Card” means the JUST ENERGY Prepaid
MasterCard you received that excludes your personal information from the Card
front. “Personalized Card” means the JUST ENERGY Prepaid
MasterCard you received that includes your personal information on the Card
front. “Issuer” means All Trans. “Card Account” means the records we maintain
to account for the value, in Canadian dollars, associated with the Card. “You”
and “your” mean the person or persons who have received the Card and are
authorized to use the Card as provided for in this Agreement. “We,” “us,” and
“our” mean All Trans, our successors, affiliates or assignees. You acknowledge
and agree that the value available in the Card Account is limited to the funds
that you have loaded into the Card Account or have been loaded into the Card
Account on your behalf. You agree to sign the back of the Card immediately upon
receipt. The expiration date of the Card is identified on the front of your
Card. The Card is a prepaid card. The Card is not connected in any way to any
other account. The Card is not a credit card. You will not receive any interest
on your funds in the Card Account. The Card will remain the property of All
Trans and must be surrendered upon demand. The Card is nontransferable and it
may be canceled, repossessed, or revoked at any time without prior notice
subject to applicable law. Our business days are Monday through Friday,
excluding holidays, even if we are open. Please read this Agreement carefully
and keep it for future reference.
Obtaining
Your Card - When you open a Card Account, we will ask for your name, address,
date of birth, and other information that will allow us to identify you. We may
also ask to see your driver’s license or other documents including photo
identification.
Authorized
Users - You are responsible for all authorized transactions initiated and fees
incurred by use of your Card. If you permit another person to have access to
your Card or Card number, we will treat this as if you have authorized such use
and you will be liable for all transactions and fees incurred by those persons.
You are wholly responsible for the use of each Card according to the terms and
conditions of this Agreement.
Personal
Identification Number - You will receive a Personal Identification Number (“PIN”) with your Card.
Your PIN is a security feature that
functions as your signature, identifying you as the proper user of the Card and
authorizing any transaction made with the Card. You shall not reveal the PIN to unauthorized
users of the Card and you assume full responsibility for any and all
transactions made by such unauthorized users. If you voluntarily give your Card
and/ or PIN to another person, you have
authorized such person to use your Card and access your Funds, and you will be
responsible for their use of your Card. You should not write or keep your PIN with your Card. If
you believe that anyone has gained unauthorized access to your PIN, you should advise
us immediately following the procedures in the paragraph labeled “Your
Liability for Unauthorized Transfers.”
Using
Your Card/Features - The maximum amount that can be spent on your Card per day
is $2,500.00. The minimum value of your Card is restricted to $10.00. The
maximum value of your Card is restricted to $7,500.00.
Cash
Access - With your PIN, you may use your
Card to obtain cash from any Automated Teller Machine (“ATM”) or any
Point-of-Sale (“POS”) device, as
permissible by a merchant, which requires entry of a PIN and that bears the
MasterCard®
or Cirrus® brand marks. All ATM transactions are treated as cash withdrawal transactions . The maximum cumulative amount that may be
withdrawn from an ATM is $500.00 per day or the balance of your card, whichever
is less. Any funds withdrawn from a POS device or through a
participating bank (over the counter withdrawal) will be subject to the maximum
amount that can be spent on your Card per day.
You
may use your Card to purchase or lease goods or services wherever MasterCard
debit cards are accepted as long as you do not exceed the value available on
your Card Account. Some merchants do not allow cardholders to conduct split transactions
whereby you would use the Card as partial payment for goods and services and
paying the remainder of the balance with another form of legal tender. If you
use your Card at an automated fuel dispenser (pay at the pump), the merchant
may preauthorize the transaction amount up to $75 or more. If your Card is declined, even though you have sufficient funds
available, pay for your fuel purchase inside with the cashier. If you use your
Card at a restaurant, a hotel, for a car rental purchase, or for similar
purchases, the merchant may preauthorize the transaction amount for the
purchase amount plus up to 15% or more to ensure there are sufficient funds
available to cover tips or incidental expenses incurred. If you use your Card
number without presenting your Card (such as for a mail order, telephone, or
Internet purchase), the legal effect will be the same as if you used the Card
itself. For security reasons, we may limit the amount or number of transactions
you can make on your Card. Your Card cannot be redeemed for cash. You may not
use your Card for any illegal transaction. Each time you use your Card, you
authorize us to reduce the value available on your Card Account by the amount
of the transaction and any applicable fees. You are not allowed to exceed the
available amount on your Card Account through an individual transaction or a
series of transactions.
Nevertheless,
if a transaction exceeds the balance of the funds available on your Card, you
shall remain fully liable to us for the amount of the transaction and any
applicable fees. You do not have the right to stop payment on any purchase or
payment transaction originated by the use of your Card. You may not make
preauthorized regular payments from your Card Account. If you authorize a
transaction and then fail to make a purchase of that item as planned, the
approval may result in a hold for that amount of funds for up to thirty (30)
days. All transactions relating to car rentals may result in a hold for that
amount of funds for up to ninety (90) days.
Returns
and Refunds - If you are entitled to a refund for any reason for goods or
services obtained with your Card, you agree to accept credits to your Card
Account for such refunds.
Charges
Made in Foreign Currencies - If you obtain funds or make a purchase in a
currency other than the currency in which your Card was issued, the amount
deducted from your funds will be converted by MasterCard International
Incorporated into the currency of your Card. The exchange rate
between the transaction currency and the billing currency used for processing
international transactions is a rate selected by MasterCard International
Incorporated from the range of rates available in wholesale currency markets
for the applicable central processing date, which may vary from the rate
MasterCard International Incorporated itself receives, or the
government-mandated rate in effect for the applicable central processing date.
This percentage amount is independent of any amount taken by the Issuer. If you
obtain your funds or make a purchase in a currency other than the currency in
which your Card was issued, the Issuer will increase the currency conversion
rate by an additional 3% and will retain this amount as compensation for its
services. This charge is independent of the currency conversion rate
established by MasterCard International Incorporated.
Receipts
- You should always get a receipt at the time you make a transaction using your
Card. You agree to retain your receipts to verify your transactions.
Program Fee Schedule
– All fee amounts will be withdrawn from your Card Account. POS</Online Purchase Fee: $0.90 (per
transaction); ATM Withdrawal Fee (Canadian/International): $2.00 (per
transaction). NOTE: If you use an ATM for any transaction, including a balance
inquiry, you may be charged a fee by the ATM operator even if you do not
complete a withdrawal. This ATM fee is a third party fee amount assessed by the
individual ATM operator only and is not assessed by us. This ATM fee amount
will be charged to your card. Monthly Maintenance Fee: $2.00 (effective after
90 days of card activation).
Optional
Service Fees: ATM/POS Reject Fee: $0.75
(per transaction) ATM Balance Inquiry Fee: $0.75 (per transaction); Web TSF
Fee: $2.25 (Share Money from Card to Card, per transfer); Replacement Card Fee:
$10.00 (per Card; when Card is lost, stolen, or replaced); Card Account
Liquidation Fee: $25.00 (charged if a check is issued for funds on your Card
Account); Chargeback Fee: $35.00.
Confidentiality
- We may disclose information to third parties about your Card or the
transactions you make: 1. Where it is necessary for completing transactions; 2.
In order to verify the existence and status of your Card for a third party,
such as merchant; 3. In order to comply with government agency, court order, or
other legal reporting requirements; 4. If you give us your written permission;
or 5. To our employees, auditors, affiliates, service providers, or attorneys
as needed. In all cases, the provisions of applicable federal or provincial
laws regulating disclosure of personal information will take precedence.
Our
Liability for Failure to Complete Transactions - If we do not properly complete
a transaction from your Card on time or in the correct amount according to our
Agreement with you, we will be liable for your losses or damages. However,
there are some exceptions. We will not be liable, for instance: 1. If through
no fault of ours, you do not have enough funds available on your Card to
complete the transaction; 2. If a merchant refuses to accept your Card; 3. If
an ATM where you are making a cash withdrawal does not have enough cash; 4. If
an electronic terminal where you are making a transaction does not operate
properly,; 5. If access to your Card has been blocked after you reported your Card
lost or stolen; 6. If there is a hold or your funds are subject to legal
process or other encumbrance restricting their use; 7. If we have reason to
believe the requested transaction is unauthorized; 8. If circumstances beyond
our control (such as fire, flood, or computer or communication failure) prevent
the completion of the transaction, despite reasonable precautions that we have
taken; or 9. Any other exception stated in our Agreement with you. 10. Your
card account is not deposit insured.
Your
Liability for Unauthorized Transfers - Contact us at once if you believe your
Card has been lost or stolen. Telephoning is the best way to minimize your
possible losses. If you believe your Card has been lost or stolen, or that
someone has transferred or may transfer money from your Card Account without
your permission, call us at 1.866.587.8674. If you notify us within two (2)
business days, you can lose no more than $50 if someone used your Card without
your permission. If you do not notify us within two (2) business days after you
learn of the loss or theft of your Card and we can prove that we could have
stopped someone from using your Card without your permission if you had
promptly notified us, you could lose as much as $500. Under MasterCard
International Bylaws and Rules, your liability for unauthorized MasterCard
transactions on your Card Account is $0 if you notify us promptly and you
exercise reasonable care in safeguarding your Card from loss, theft, or
unauthorized use. This reduced liability does not apply if a PIN is used as the
method of verification for a disputed transaction or you have reported two (2)
or more incidents of unauthorized use in the immediately preceding twelve (12)
month period. Also, if you become aware of and/or your statement shows
transactions that you did not make, notify us at once. If you do not notify us
within sixty (60) days after you become aware of the transaction and/or after
the statement was made available to you, you may not get back any value you
lost after the sixty (60) days if we can prove that we could have stopped
someone from taking the value if you had notified us in time and you are
grossly negligent or fraudulent in the handling of your Card. If your Card has
been lost or stolen, we will close your Card Account to keep losses down. For
MasterCard’s Zero Liability Policy, please visit MasterCard’s website at
http://www.mastercard.com/ca/personal/en/mastercardsecurity/zero_liability.html
Other
Terms - Your Card and your obligations under this
Agreement may not be assigned. We may transfer our rights under this Agreement.
Use of your Card is subject to all applicable rules and customs of any network,
regulator or other association having jurisdiction over the movement or
settlement of transactions. We do not waive our rights by delaying or failing
to exercise them at anytime. If any provision of this Agreement shall be
determined to be invalid or unenforceable under any rule, law, or regulation of
any governmental agency, local, provincial or federal, the validity or
enforceability of any other provision of this Agreement shall not be affected.
This Agreement will be governed by the laws of the Province of Ontario except to the extent
governed by federal law.
Amendment
and Cancellation - We may amend or change the terms and conditions of this
Agreement at any time. You will be notified of any change in the manner
provided by applicable law prior to the effective date of the change. However,
if the change is made for security purposes, we can implement such change
without prior notice. We may cancel or suspend your Card or this Agreement at
any time. You may cancel this Agreement by returning the Card to us. Your
termination of this Agreement will not affect any of our rights or your
obligations arising under this Agreement prior to termination.
Information
About Your Right to Dispute Errors - In case of errors
or questions about your electronic transactions, call 1.800.624.6171 or write
to TruCash Cardholder Services, 2680 Skymark Ave.
Suite 420, Mississauga ON L4W 5L6. If you think your
statement or receipt is wrong or if you need more information about a
transaction listed on the statement or receipt. You must contact us no later
than sixty (60) days after the FIRST statement was made available to you on
which the problem or error appeared. (1) Provide your name and Card number (if
any); (2) Describe the error or the transaction you are unsure about, and
explain why you believe it is an error or why you need more information; and
(3) Provide the dollar amount of the suspected error.
If
you provide this information orally, we may require that you send your
complaint or question in writing within ten (10) business days. We will
determine whether an error occurred within ten (10) business days after we hear
from you and will correct any error promptly. If we need more time, however, we
may take up to forty-five (45) days to investigate your complaint or question.
If we decide to do this, we may credit your Card within ten (10) business days
for the amount you think is in error, so that you will have the use of the
money during the time it takes to complete the investigation. If we ask you to
put your complaint or question in writing and you do not provide it within ten
(10) business days, we will not credit your Card. For errors involving new
Cards, POS transactions, or foreign-initiated
transactions, we may take up to ninety (90) days to investigate your complaint
or question. We will tell you the results within three (3) business days after
completing the investigation. A Chargeback fee of $35.00 is applicable and will
be deducted from your card account balance. If we decide that there was no
error, we will send you a written explanation. Copies of the documents used in
the investigation may be obtained by contacting:
JUST ENERGY Prepaid MasterCard c/o 2680 Skymark Ave. Unit 420, Mississauga ON L4W 5L6
Revision
Date 12/2008
English
Language Controls - This translation is provided for your convenience. The
meanings of terms, conditions and representations herein are subject to
definitions and interpretations in the English language. The translation may
not accurately represent the information in the original English.
This
Prepaid MasterCard is issued by All Trans Financial Services Limited, pursuant
to license by MasterCard
International
Incorporated.
TruCa$h is a
registered MSP of MasterCard International Incorporated.
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