ClinCard Prepaid Mastercard® Cardholder Agreement
Please read this Agreement carefully and retain it for your records. The following terms and conditions apply to your use of the ClinCard Prepaid Mastercard. By signing or using the ClinCard Prepaid Mastercard, you are agreeing to these terms and conditions and fees outlined below.
Information Disclosure Summary (detailed terms and conditions will follow):
Card Issuer: Peoples Trust Company issues your Card under license by Mastercard International Incorporated.
Card Information and Balance: For up-to-date Card terms and conditions, or to check your card balance free of charge, go online at clincardca.mycardplace.com, or call the toll-free customer service number at 1-855-587-3910.
Card Restrictions: Your card can only be loaded or reloaded by a Study Coordinator at your research site. Use of your Card in certain countries may be restricted by law. The Card is not returnable or refundable, and may not be cancelled by you unless otherwise directed in this Agreement. You do not have the right to stop the payment of any transaction you conduct with the Card. All pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from your Card, will be rejected and Peoples Trust Company will not be liable for any costs incurred by you as a result. Your Card may be deactivated at any time if fraud, related to your Card or use of your Card, is suspected. Your Card may not be used for pay-at-the-pump transactions; if your Card is not accepted for pay-at-the-pump transactions, you must see the merchant inside for a preauthorized amount. You must be of the age of majority in the Province or Territory in which you are issued with the Card.
Limit | |
---|---|
Maximum card balance | $10,000.00 |
Maximum purchase amount in one single transaction | $1,000.00 |
Maximum number of daily point-of-sale transactions | 10 |
Maximum daily spend at point-of-sale | $5,000.00 |
Maximum ATM withdrawal per transaction | $1,500.00 |
Maximum number of daily ATM withdrawals | 5 |
Maximum daily ATM withdrawal | $1,500.00 |
Maximum daily combined spend and cash withdrawal | $5,000.00 |
Maximum daily load limit | $10,000.00 |
Maximum load limit | $10,000.00 |
Maximum in-bank over-the-counter withdrawal | $2,500.00 |
Card Expiry and Access to Funds: Your right to use the funds loaded on your Card does not expire. If the Card plastic expires, contact customer service at 1-855-587-3910 to obtain a replacement card. You can use the Card at any merchant who accepts Mastercard to (where permitted by your Card type) make purchases in-store, via the internet or over the phone and to withdraw cash from ATMs and Mastercard affiliated financial institutions who agree to provide this service (subject to any additional fees that such ATM operators or financial institutions may charge), unless we inform you otherwise.
Fees: The table below sets forth the fees that may be imposed upon your Card. You acknowledge being advised of the fees and agree to pay all fees charged under this Agreement.
Fee* | Fee amount |
---|---|
Domestic ATM Cash Withdrawal Fee**: | $0.00 |
International ATM Cash Withdrawal Fee**: | $0.00 |
Replacement Card Fee: | $9.50 |
Monthly Management Fee (after 12 months of inactivity) | $6.00 |
Paper Statement Fee | $3.00 |
Card Account Liquidation Fee | $13.50 |
Foreign Exchange Fee | 3% of Transaction Amount |
*Subject to change. See terms and conditions below for details.
**ATM operators or telephone service providers may charge additional fees, over which we have no control.
Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC). Lost or stolen cards or PIN:
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 can 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, you should call us IMMEDIATELY at 1-855-587-3910. All transactions carried out on your Card before you notify us will be considered to have been made by you.
If you forget the PIN, you can obtain a reminder by calling customer service at 1-855-587-3910. The PIN may be disabled if an incorrect PIN is entered three (3) times. If the PIN is disabled, please contact customer service at 1-855-587-3910 for assistance. There may be a twenty-four (24) hour delay in reactivating the PIN, and we may not be able to reactivate the PIN whilst you are abroad. If the PIN is disabled, or if a merchant does not accept chip and PIN transactions, you will be required to sign for any transactions at merchants, provided that this is supported by and acceptable to the merchant. If we re-issue a card at the site where a card is initially provided to you, there will be no fee charged. If you call the customer service 1- 855-587-3910 to re-issue a card, the Replacement Card Fee will apply.
Split tender transactions: If you want to make a purchase for an amount greater than the remaining Balance, you must notify the merchant before completing the transaction and use another form of payment (e.g. cash, cheque, credit or debit) for the amount owing. 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 are not obliged to accept split tender transactions, and some merchants may not accept split tender transactions.
Personal Information: By accepting a Card, you consent to the collection, use, disclosure and retention of your personal information by us and our service providers as described below. The collection of that information is necessary for the entering into and performance of this Agreement. Therefore, if you do not consent to the collection, use, disclosure and retention of your personal information, you may not accept or use a Card.
Detailed Terms and Conditions:
Definitions:
Agreement: means this Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein.
Applicable Law: 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 is subject to, or any bylaw, operating rule or regulation of Mastercard.
Balance: means the value of the funds that are loaded onto the Card and are available for spending.
Business Day: Monday to Friday, 8:00 am to 4:30 pm PST, excluding bank and public holidays in Canada.
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: means the original ClinCard Prepaid Mastercard issued to you as well as any replacement Cards.
Cardholder: means the person who has received the Card and is authorized to use the Card as provided in this Agreement.
Expiry Date: 1.1 means the expiry date printed on your Plastic Card. The Expiry Date is the last day of the month listed on the front of the card.
Mastercard: means Mastercard Incorporated and its successors and assigns.
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.
PIN: means a Personal Identification Number used with your Card for POS transactions or at ATMs for additional security.
Program Manager: means Greenphire, Inc., P.O. Box 60473, King of Prussia, PA 19406 USA, the entity responsible for implementing and administering the prepaid program for Peoples Trust Company.
Study Coordinator: means the individual who initially provided the ClinCard Prepaid Mastercard to you for the program you are participating in.
means the amount that is debited from the Balance in connection with your use of the Card, which amount includes both the amount of the Balance to be transferred and the applicable fees and taxes imposed to complete the transaction.
We, us, and our: mean Peoples Trust Company, and all associated and affiliated third parties required to fulfill and manage your Card.
Website: means www.clincardca.mycardplace.com.
you, your, and yours: each mean the Cardholder.
Acceptance: This Agreement constitutes a binding agreement between you and us with respect to the terms of use of the Card. By purchasing, activating and /or using your Card you agree to be bound by and accept the terms and conditions set out in this document.
The Mastercard Prepaid Card: The Card allows you to access the available Balance on the Card and can be used as described in the documentation you have received with the Card and at the Website. The Card is not a credit card, charge card, or debit card and its usage will not enhance nor improve your credit rating. No interest dividends or other earnings or returns will be paid on the Card Balance. Neither the Card nor the Balance is a deposit account, and for greater certainty, you shall have no right to write cheques on or demand repayment of the Balance of available funds on the Card, but are strictly limited to the right to use the Card in accordance with this Agreement as payment for goods and services from merchants who accept Mastercard.
Activation of your Card: When you receive your Card, you must sign it immediately and then call customer service at 1-855-587-3910 to retrieve your PIN. You may also retrieve your PIN by creating an account on the Website.
Ownership and use of the Card: The Card is and will remain our property. However, you will be solely and completely responsible for the possession, use and control of the Card. You must surrender the Card to us immediately upon request. The Card may not be used for any illegal transactions or purposes. 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 should receive a paper record of each 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. As you use the Card, the Card's Balance will be reduced by the full Transaction Amount. The Card can be used to pay the full amount of the purchase and applicable taxes, so long as the Balance remaining on the Card is sufficient. We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen. You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on your Card and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on your Card. We are not liable to you for declining authorization for any particular transaction, regardless of our reason. If you use your Card for card-not-present transactions (such as for Internet, mail or phone purchases), the legal effect is the same as if you used the physical Card. Some merchants (including, but not limited to, restaurants, hotels, 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 are sufficient funds available on your Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Card balance will not cover the transaction amount plus the pre-authorization percentage. A pre-authorization will place a "hold" on an amount of your available Card funds 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. It may take up to seven (7) days for the pre-authorization hold to be removed. During the hold period, you will not have access to the pre-authorized amount.
Funds being added to your Card: You may not add funds to your Card. Only the Study Coordinator from whom you received the Card may add funds to your Card.
Information about Balance: It is your responsibility to keep track of the Balance remaining on your Card. You may call us at any time toll free at 1-855-587-3910 or visit the Website to obtain the current Balance or request information about previous transactions. Your Card 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. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the Card, creating a negative amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Balance.
Transactions made in Foreign Currencies: We convert any transactions made in a foreign currency to Canadian dollars using the Mastercard conversion rate in effect on the day the transaction is posted to your Card. The rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. The Mastercard conversion rate is the rate that we pay to Mastercard plus a foreign exchange service charge of 3%. If a foreign currency transaction is refunded to your Card, the rate used to convert your refund to Canadian dollars is the rate that we pay to Mastercard minus the foreign exchange service charge of 3% of the Transaction Amount. Additionally, the rate that we pay to Mastercard 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 your Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to your 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 your name, the Card number, the expiry date, the original Card value and transaction history. To safeguard your Card and the security of the program, we cannot re-issue a Card if you do not have your Card number. If our records show that a Balance remains on the Card, we will cancel the Card and make such Balance amounts available to you on a re-issued Card. It may take up to thirty (30) days to process your re-issue request. You agree, to the extent permitted by law, to cooperate completely with us in our attempts to recover from unauthorized users and to assist in their prosecution.
Notification and Change of Terms: Subject to the limitations of Applicable Law, we may at any time change or remove any of the terms and conditions of, or add new terms or conditions to this Agreement, except that we will never add any new fees to your Card or increase any existing fees. We will post any such changes, as well as the most recent version of this Agreement, on the Website. As of the effective date included in any notice, the changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. You are responsible for checking our Website for such notifications. You will be deemed to accept and be bound by the amendment upon use of the Card following the effective date of the amendment. If you do not agree to any change of this Amendment, you agree to immediately stop using the Card and notify us that you are terminating this Agreement. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system or comply with Applicable Law. If such a situation does arise, then you will be given notice as soon as reasonably possible in the circumstances.
Cancellation: You may terminate your Card at any time by contacting customer service at 1-855-587-3910 and exercising your redemption rights. You will not be charged for cancelling your card but a Card Account Liquidation Fee may apply if you choose to redeem all of your Balance. Once we have received all necessary information from you and all transactions and applicable fees and charges have been processed and deducted, we will refund any remaining Balance to you provided that:
- you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
- we are not required to withhold your Balance by law or regulation, or at the request of the police, a court or any regulatory authority.
Once your Card has been cancelled, it will be your responsibility to destroy your Card. If, following reimbursement of your Balance, any further Transactions are found to have been made or charges or fees incurred using the Card or we receive a reversal of any prior funding transaction, we will notify you of the amount and you must immediately repay to us such amount. Once your Card has been cancelled, the Card will not accept any additional loads.
Personal Information Consent: By accepting a Card, you consent to the collection, use, disclosure and retention of your personal information by us and our service providers for purposes of activating your card and your use of a Card 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 be issued 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 and date of birth) before issuing a Card 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 Study Coordinator 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 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 contacting customer service at 1-855- 587-3910) 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 number 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 dialing 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.
You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by contacting customer service at 1-855-587-3910 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 Study Coordinator 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 Study Coordinator or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the Study Coordinator 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.
Our general personal information practices are described in our privacy policy, as amended from time to time, available online at www.peoplestrust.com/legal/peoples-trust-privacy-policy/.
Purchase Disputes and Refunds: If you believe a transaction on your account is incorrect, you must notify us in writing of your dispute within sixty (60) days of the transaction date. You can obtain a dispute form on the Website or call support (please call 1-855-587-3910 and follow the prompts for lost or stolen cards) that must be completed and faxed to the customer service team. Please note that this form must be received within sixty (60) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction.
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 that 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 the Balance on your Card in place of cash.
Complaints: If you have a complaint or inquiry about any aspect of your Card, first attempt to resolve the complaint or inquiry by calling our toll- free customer service 1-855-587-3910. If customer service is unable to resolve the complaint or inquiry to your satisfaction, please call our complaint officer at 1-855-694-6214. 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 concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If the Cardholder has a concern regarding the 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
Our complaints policy can be found online at:
http://www.peoplestrust.com/about-us/resolving-your-concerns/
Assignment and Waiver: At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. This Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns. 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. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future.
DISCLAIMER OF WARRANTIES: EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, 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 FOR USAGE OF TRADE.
LIMITATION OF LIABILITY: NEITHER WE NOR OUR PROGRAM MANAGER NOR THE STUDY COORDINATOR WILL BE LIABLE IN ANY WAY FOR ANY DISPUTE ARISING OUT OF THE PURCHASE OF MERCHANDISE OR SERVICES USING THE CARD OR THE FAILURE OF ANY RETAILER TO HONOUR THE CARD. WE, THE PROGRAM MANAGER, AND THE STUDY COORDINATORS ARE NOT RESPONSIBLE FOR ANY FAILURE TO SUPPLY, LACK OF SUITABILITY OR QUALITY OF ANY GOODS OR SERVICES PURCHASED FROM RETAILERS THROUGH THE USE OF THE CARD. NEITHER US NOR OUR PROGRAM MANAGER NOR THE STUDY COORDINATOR WILL BE LIABLE FOR ANY ACTION OR FAILURE TO ACT OF A RETAILER OR A REFUSAL BY A RETAILER TO HONOUR THE CARD, WHETHER OR NOT SUCH FAILURE OR REFUSAL IS AS A RESULT OF ANY ERROR OR MALFUNCTION OF THE EQUIPMENT USED TO EFFECT AN AUTHORIZATION OF THE CARD. ER AND OUR PROGRAM MANAGER WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR INCONVENIENCE YOU MAY INCUR IF YOU ARE UNABLE TO USE THE CARD AS A RESULT OF ANY FAILURE, ERROR, MALFUNCTION, OR TECHNICAL PROBLEM WITH OR AT OUR PROGRAM MANAGER'S OR WITH OUR OR OUR SERVICE PROVIDERS' SYSTEMS OR EQUIPMENT.
EXCEPT AS OTHERWISE 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 HONOUR THE CARD, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. NOT IN LIMITATION OF 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 SERVICES FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES. IN NO EVENT SHALL 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 expended to make the Website and other operational and communications channels 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 or Website changes or failures, nor shall 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 or armed conflicts. We shall 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.
Governing Law: The parties attorn to the jurisdiction of British Columbia and this Agreement shall be construed in accordance with and governed by the laws of the Province of British Columbia and 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 to such subject matter.
Section Headings: Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
Severability: If any of the terms of this Agreement are invalid, changed by Applicable Law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.
Contact Information: If you have questions regarding the Card, or need to report a lost or stolen Card, you may call customer service at 1-855-587-3910, or write to ClinCard Prepaid Mastercard, 630 Allendale Road, Suite 250, King of Prussia, PA 19406.
"Mastercard" and the Mastercard Brand Mark are registered trademarks of Mastercard International Incorporated.
Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
Effective date: 01 October 2017