The following terms of use apply to your use of the Bonheur Card. By purchasing, activating, signing or using the prepaid card, you agree to the terms of use set forth below.
Information Disclosure Summary (detailed terms of use will follow):
Card Issuer: This card is issued by Peoples Trust Company.
Card Information: For card information such as updated terms of use, activation date, balance or other card information, visit www.cartesbonheur.ca or call toll-free 1-833-250-4478.
Card Restrictions:
Your Card may be deactivated at any time if fraud associated with your Card or its use is suspected. In addition, funds on your Card may not be available for use for the first twenty-four (24) hours after purchase.
Card Expiration and Balance Access: Your right to use the balance on the Card does not have an expiration date. If there are funds remaining on the Card after the expiration date, simply contact Customer Service for instructions on how to retrieve the remaining balance on your Card. Please note that there is an expiration date on the back of the Card. This is the date after which you will no longer be able to use the Card for any reason. Cards can be replaced after the expiration date on the Card at no charge. You can contact Customer Service at 1-833-250-4478 to request a replacement Card.
Funds on the card are not guaranteed by the Canada Deposit Insurance Corporation (CDIC).
Lost or Stolen Card: You must take all reasonable precautions to protect your Card from loss, theft or unauthorized use. If you lose your Card, it is stolen or you have reason to believe that another person has made an unauthorized transaction with your Card or may attempt to use your Card without your permission, you must notify us IMMEDIATELY by calling the customer service number. All transactions made with your Card prior to your contacting us will be considered to have been authorized by you.
Split Transaction: If your Card does not have enough funds to cover the entire transaction, you can ask the register to perform a split transaction, you can ask the register to perform a split transaction, using the Card to make part of the purchase and then paying the remainder using another payment method (eg, cash, credit card or debit card). If you do not tell the merchant that you want to make a split transaction before presenting your Card, your Card may be declined. Some merchants may ask for cash for the remainder. Merchants are not required to accept split transactions and may decline them.
Detailed Terms of Use
Definitions:
The Happiness Card: This is a prepaid card that can be used in stores to pay for goods and services at authorized merchants, in accordance with this Agreement. The Card may be used to pay the total amount of the purchase and applicable taxes, provided that there is sufficient remaining balance on the Card. The Card is, and remains, the property of Peoples Trust Company. It is not a credit or debit card, and its use will not improve your credit rating. No interest, dividends or other income or reimbursement may be paid on the Card. The Card and the balance do not constitute a deposit account. You do not have the right to write a check on the balance of the Card or to request its reimbursement, you are strictly limited to the right to use the Card in accordance with this Agreement to pay for goods and services at merchants.
Acceptance: This Agreement constitutes a binding agreement between Peoples Trust Company and you regarding the terms and conditions of use of the Card.
Use of Card: You are solely responsible for the possession, use and management of your Card. You must immediately return the Card to us if we request it. The Card must not be used for any illegal transactions or purposes. If you authorize another person to use the Card, you are responsible for all transactions resulting from that person’s use of the Card. To use the Card, simply present the Card at the time of payment. You must retain receipts as proof of transactions. The Card balance will be reduced by the full amount of each purchase, which includes taxes and all other fees, if applicable. We strongly recommend that you retain the receipt you received when you purchased the Card, including the Card number and customer service number in case the Card is lost or stolen. You do not have the right to stop payment on any transaction you make with the Card. We are not liable to you for any refusal to authorize any particular transaction, regardless of our reason. You agree not to use the Card at any non-participating or unauthorized merchant. You agree that purchases you make may not be authorized or settled by us unless they are in accordance with this Agreement. For more information about participating merchants, please visit the Website. We may, in our sole discretion and at any time, terminate or suspend the benefits or services associated with the Card, with or without cause, upon thirty (30) days’ notice, or as otherwise required by applicable law.
Card Activation: The card has no value until activated at checkout at the time of purchase.
Balance Information: To obtain your current balance, request information on previous transactions or speak with customer service, you may call us at any time by dialing the toll-free customer service number 1-833-250-4478 on the back of your card or visit our website. The balance on your card reflects all transactions that have been posted to our system.
If you attempt to use the Card when there is insufficient balance to cover the full amount of the transaction, the transaction will be declined in most cases. However, if a situation caused by a system failure or for any other reason allows a transaction despite an insufficient balance on the Card, which creates a negative amount, you agree to reimburse us, upon our request, any amount in excess of the balance.
Protection Against Loss, Theft or Unauthorized Use: If your Card is lost or stolen, we will require you to provide valid proof of purchase, your name, Card number, expiration date, original Card value and transaction history. We cannot issue a new Card if you do not have valid proof of purchase and your Card number. If our records indicate that there is a balance remaining on your Card, we will cancel the Card and allow you to access that balance. Such a request may take up to thirty (30) days to process. You agree, to the extent permitted by law, to cooperate fully with us in our attempts to recover unauthorized uses and to assist us in their prosecution.
Notifications and Changes to Terms of Use: Subject to the limitations of applicable law, we may at any time change or remove any Terms of Use or add any Terms of Use to this Agreement, but we will never add any fees to your Card. We will post these changes, along with the most recent version of this Agreement, on our website. As of the effective date included in the notices, the new Terms of Use will apply to the Card, including, without limitation, all future transactions made using the Card. You are responsible for checking our website for such notices. You are deemed to accept and will be bound by the amendment when using the Card from the effective date of the amendment. If you do not agree to any change to the Agreement, you agree to immediately stop using the Card and notify Peoples Trust Company that you are terminating this Agreement. Notwithstanding the foregoing, notice of any change may not be provided if the change must be made immediately to maintain or restore the security of the Card and any payment system or if required by applicable law. If such a situation arises, you will receive notice as promptly as is reasonably practicable under the circumstances.
Purchase Disputes and Refunds: If you have any questions or problems with a posted transaction (for example, a transaction that appears to be a duplicate), you must notify us immediately and no later than sixty (60) days after the date of the transaction or you will be deemed to have accepted such posted transactions. You must provide us with your card number, the date and amount of the error, and explain as specifically as possible why you believe there is an error. If we ask you to put your dispute in writing, you agree to do so within five (5) business days. We will investigate and notify you of the results of our investigation within sixty (60) business days. If there is a dispute regarding services or purchases made, it will be resolved directly between you and the merchant; Peoples Trust Company will not be involved. If you are entitled to a refund, for whatever reason, for goods and services obtained using this Card, the merchant may choose to issue the refund to the Card. We are not responsible for any problems you may encounter with the goods or services you purchase using our Card, whether relating to the quality, safety, legality or any other aspect of the purchase.
Complaints: If you have a complaint or inquiry regarding any aspect of your Card, you must first attempt to resolve the complaint or inquiry by calling the toll-free customer service number: 1-833-250-4478. If Customer Service is unable to resolve the complaint or inquiry to your satisfaction, please call 1-855-694-6214 or submit the complaint or inquiry by completing the form available at (http://www.peoplestrust.com/en/about -us/contact-us/. If for any reason we are unable to resolve the matter to your satisfaction, you may direct your complaint or concern to the Ombudsman for Banking Services and Investments. at 1-888-451-4519 for resolution. If you have a concern about a possible violation of a consumer protection law, public commitment or industry code of conduct, the concern may be directed at any time to the Financial Consumer Agency of Canada, in writing, in person, by telephone or through the website at:
Financial Consumer Agency of Canada
427 Laurier Avenue West, 6th Floor
Ottawa, ON, K1R 1B9
Telephone: 1 833 250-4478
www.fcac-acfc.gc.ca
Peoples Trust Company’s Complaints Policy can be found online at: http://www.peoplestrust.com/about-us/responding-to-your-concerns/.
Data Protection and Privacy Notice: We may obtain personal information (« Cardholder Information ») about you, including information (i) such as your name and address, (ii) that you provide to us by contacting our customer service department, and (iii) ) about purchases you have made with the Card, such as the date of purchase, the amount and the place of purchase. You may contact us at our toll-free customer service number, 1-833-250-4478, or through the Website to request access to or change the information we have obtained about you. If such information has been obtained from suppliers or through identity verification and demographic information, we will inform you of your rights to access and change the file held by the personal information agent and will indicate to you the manner and means of accessing the reports, as plus recommendations and causes for correction, if applicable. Only those individuals who need it to perform their jobs are authorized to access cardholder information, unless otherwise disclosed or agreed to by you. We maintain physical, electronic and procedural security measures that comply with Canadian regulations for the protection of cardholder information.
Disclosure: We may use cardholder information (including transferring your information to individuals or organizations in the United States) to process card transactions, to provide customer support, to process lost or stolen card reports, and to assist with fraud protection. Peoples Trust Company may provide certain cardholder information to third parties as required by applicable law, such as government entities or other parties in response to subpoenas. The data protection laws of 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 the application of the law and national security authorities of that jurisdiction. Peoples Trust Company is subject to these laws and will use reasonable measures equivalent to those used in your jurisdiction to protect your information. You hereby consent to cross-border (including to the United States) transfers of such information to third parties for the purposes set out above. If you do not wish to accept these data protection conditions or if you wish to withdraw your consent and thus cancel the Card, you must contact our customer service and request that we cancel the Card and cease any future use of your personal information.
Peoples Trust Company Privacy Policy: Our personal information practices are described in our Privacy Policy and are updated from time to time. They are available online at http://www.peoplestrust.com/en/legal/privacy-and-security/privacy-policy/.
Assignment and Waiver: In our sole discretion, we may assign our rights and responsibilities under this Agreement at any time without notice. If we make such an assignment, this Agreement will continue to be binding on you and your respective executors, administrators, successors, representatives and permitted assigns.
Third Party Claims: In the event that we reimburse you for a refund request you have made or provide you with a credit or payment to cover any issues arising from a transaction made with the Card, you will automatically assign and transfer to us any rights and claims (excluding claims for tort) that you have or may have against any third party for an amount equal to the amount we have paid or credited to your Card. You agree not to pursue any claims against, or requests for reimbursement from, any such third party for the amount we have 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. Even if we do not exercise our rights under this Agreement, we will not waive our rights to exercise them in the future.
Disclaimer of Warranties: EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT AND EXCEPT FOR ANY APPLICABLE WARRANTY SET FORTH IN THE CONSUMER PROTECTION ACT (QUEBEC), WE MAKE NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING FROM A COURSE OF DEALING OR OTHER LAW OR FROM A COURSE OF DEALING OR TRADE PRACTICE.
Limitation of Liability: EXCEPT FOR QUEBEC, OR AS EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT, UNLESS WE HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DELAYS OR ERRORS RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, THE ACTIONS OF GOVERNMENT AUTHORITIES, NATIONAL EMERGENCIES, WARS, RIOTS, MERCHANT’S INABILITY TO PROVIDE SERVICES, COMMUNICATIONS SYSTEM FAILURES , OR FAILURES OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. ALSO, WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DELAYS, FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, INTERNET SERVICE, PAYMENT SYSTEM OR CUSTOMER SERVICE FUNCTIONS. IN THE EVENT THAT WE ARE HELD LIABLE, YOU WILL ONLY BE ENTITLED TO SEEK ACTUAL AND DIRECT DAMAGES. IN NO EVENT WILL YOU BE ENTITLED TO SEEK INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
No Guarantee of Availability or Uninterrupted Use: There may be times when the Card Services are unavailable and when this occurs, you may not be able to use your Card or obtain information about your Card balance. Please notify us if you experience any difficulty using your Card. You agree to release us from any liability in connection with any interruption of service.
Website and Accessibility: While considerable efforts are made to make the Website and other operational and communications channels always accessible, we do not guarantee that these channels will always be accessible and that errors will not occur from time to time. You agree to release us from any liability for temporary interruptions of service caused by maintenance of the Website, modifications or failures. You also agree to release us from any liability for prolonged interruptions caused by failures beyond our control including, without limitation, failures of interconnection and operational systems, computer viruses, failures caused by nature, labor disputes or armed conflicts. We cannot be held responsible, for any reason whatsoever, for any damage or interruption caused by computer viruses that may infect your computer or other equipment. You agree to act responsibly with regard to the Website and its use. You will not violate any law, interfere with or disrupt computer networks, impersonate any person or entity, violate any third party’s rights, stalk, threaten or harass anyone, obtain unauthorized entry, or interfere with the systems and integrity of the Website. You agree to act responsibly in connection with the Website and its use. You will not violate any law, interfere with or disrupt computer networks, impersonate any person or entity, violate any third party’s rights, stalk, threaten or harass anyone, obtain unauthorized entry, or interfere with the systems and integrity of the Website. We cannot be held responsible, for any reason whatsoever, for any damage or interruption caused by computer viruses that may infect your computer or other equipment. We recommend the regular use of quality and easily accessible antivirus prevention software.
Governing Law: The parties agree that any claim or action brought under this Agreement shall be brought in the courts of British Columbia and that this Agreement shall be interpreted and governed by the laws of the Province of British Columbia and the applicable laws of Canada.
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 hereto.
Section Headings: The section headings in this Agreement are for convenience of reference only and do not govern the interpretation of any provision of this Agreement.
Severability: If any term of this Agreement is invalid, modified by applicable law, or declared invalid by any court or regulatory authority, the remaining terms of this Agreement will not be affected and this Agreement will be construed as if the invalid term had not been included in the Agreement.
Contact Information: For questions regarding the Card or if you need to report a lost or stolen Card, you may contact Customer Service at 1-833-250-4478 or write to: Bonheur Card Customer Service; 10615 Professional Circle, Suite 102, Reno, NV 89521.
Effective date: March 26, 2019