Gift Cards – Consumer Terms & Conditions
Last updated: October 18, 2017
In order to create a PayWith account and use the PayWith Application, you must:
· have a mobile device with internet connectivity and data plan which utilizes an operating system version released in the last two years, and
· have a valid mobile phone number associated with a monthly telco carrier plan, and
· have the right to use a funding instrument: either a Visa® or MasterCard® credit or debit card
2. Funding your account
2.1 Funding instrument. When you create an account to use the PayWith Application, you agree to assign a valid funding instrument against your PayWith Account to complete your purchase transaction. The following are valid funding instruments:
· Visa® credit card or debit card;
· MasterCard® credit card or debit card.
You will need to provide the 16-digit Primary Account Number, expiry date and 3-digit CVV security code for your funding instrument. PayWith will not store this information in any form but will pass the information directly to a secure PCI-DSS certified partner in order that future authorizations and charges can be presented against that funding instrument by PayWith.
2.2 Authority. When you provide a funding instrument to us, you confirm that you are permitted to use that funding instrument. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the funding instrument you designate for the transaction.
2.3 Pre-authorization. When you request a form of payment using the PayWith Application, we may obtain a pre-authorization from the issuer of your specified funding instrument for an amount. When you set up your PayWith Account, you are responsible for setting a PayWith Credit Limit. This is the amount PayWith will pre-authorize against your funding instrument each time that a form of payment is presented to you on the PayWith Application. Dependent on your issuing bank, you may see this pre-authorization appear on your credit card statement. NOTE THAT THIS IS SIMPLY A GUARANTEE OF THE AVAILABILITY OF FUNDS AND IS NOT A CHARGE AGAINST YOUR ACCOUNT. IT WILL BE CANCELLED WHEN AN ASSOCIATED PURCHASE TRANSACTION IS MADE OR AFTER A PERIOD OF TIME IF NO ASSOCIATED PURCHASE TRANSACTION IS MADE.
2.4 Charging your funding instrument. When you elect to load funds to your PayWith Account, which you may do at any time, you choose the amount you wish to load and your funding instrument will be charged the same amount. There is no fee to load funds to your account. If you have set a PayWith Credit Limit against your account, immediately following a successfully authorized transaction using the form of payment presented to you on the PayWith Application, we will charge your funding instrument for the difference between the amount of that transaction (including all taxes and tips) and the amount of applicable PayWith Credit on your account. The applicable PayWith Credit is the sum of any funds you have loaded to your account and any gift or rebate credit which is applicable to the transaction. When this charge is completed, we will cancel the corresponding pre-authorization against your funding instrument.
2.5 Costs of funding. PayWith is responsible for the fees related to processing payment against your funding instrument. PayWith will appear as the merchant of record on your credit card statement or bank account statement for the purchase you have made at a participating merchant. If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you alone are responsible for that fee.
3. Physical Cards
3.1 Program cards. Some programs supported by PayWith allow you to obtain a physical, plastic card which, when linked to your account, can be used to make purchases at participating merchants by swiping the magnetic strip through the merchant’s credit card terminal. Each card is branded to a specific program and you will only receive the rewards and perks associated with that program when you use your physical card.
3.2 Linking a program card to your account. A program card cannot be used to make a purchase until it has been linked to your account. In order to link the program card to your account, you must enter the 16-digit number and Security Code printed on the back of the card into the program’s mobile application.
3.3 Securing your card. A program card will always be either “locked”, ie all transactions against the card will decline, or “unlocked”, which means that the card can be used for transactions provided other authorization criteria are met. You can lock or unlock your program card using the program’s mobile application.
3.4 YOUR LIABILITY. NOTE THAT YOU ARE LIABLE FOR ANY TRANSACTIONS PROCESSED USING THE PROGRAM CARD LINKED TO YOUR ACCOUNT. YOU ARE THEREFORE ADVISED TO MAINTAIN THE CARD IN A “LOCKED” STATUS UNTIL YOU WISH TO MAKE A PURCHASE WITH THE CARD. YOU SHOULD THEN UNLOCK IT USING THE MOBILE APP.
4. Making purchases
4.1 Form of payment. The PayWith Application will provide you with a means of making payment at participating merchant locations provided a number of conditions are met. The ability to complete a payment transaction at a participating merchant is dependent on:
· the merchant’s agreement and ability to accept payment in the forms provided by the PayWith application;
· PayWith’s agreement that the merchant should be able to process payments using the forms provided by the PayWith application;
· your successful completion of the PayWith account application procedure including the acceptance of these Terms and Conditions;
· PayWith’s acceptance of your account application;
· your assignment of a valid credit card or debit card (Visa® or MasterCard®) to your PayWith account;
· the pre-authorization of your assigned funding instrument to a value greater than the amount of the purchase to be made at the merchant;
· your possession of an appropriate smartphone or other device which has internet connectivity;
· if you are transacting using a physical card linked with your account, the card having the status of “unlocked”.
If any one of the above conditions is not met, then you may not be able to complete a payment transaction. PayWith does not guarantee either that you will be presented with a form of payment when using the PayWith Application at a participating merchant or that any form of payment which is presented will transact successfully. YOU ARE ADVISED TO ENSURE THAT YOU HAVE AN ALTERNATIVE FORM OF PAYMENT PRIOR TO COMMITTING TO A TRANSACTION.
4.2 Pricing. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, all of which you are responsible for funding.
4.3 Extra terms. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods, service charges, tips, or application of credit granted by the merchant, etc). These additional terms will also govern that transaction.
4.4 Future Delivery. You should not use the PayWith Application or the form of payment provided to you to purchase goods or services which will be delivered at a future time. You should not purchase gift cards, vouchers or coupons which claim to offer monetary value, discounts or other purchase benefits at a future time. PAYWITH DOES NOT GUARANTEE THAT SUCH INSTRUMENTS WILL BE REDEEMABLE.
4.5 Actual sale. You may only use the PayWith Application to process a funding transaction for a legitimate, bona fide purchase of a product or service. You may not use the PayWith Application to fund a transaction or otherwise transfer electronic value not in conjunction with a purchase.
4.6 No Warranties. You acknowledge that the products or services you may purchase are sold by merchants, not by PayWith. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD BY MERCHANTS WHICH YOU PURCHASE USING THE PAYWITH APPLICATION.
4.7 Promotional offers may be limited in number.
5. Rewards and Credits
5.1 Credits. PayWith Credit (“Credit” or “Credits”) is a form of non-monetary reward issued to you by PayWith and can be used to make purchases at certain participating merchants under certain circumstances. The amount of Credit you have access to at the time you request a form of payment is equal to the sum of all merchant-specific Credits applicable to the transaction you wish to execute, all general Credits on your account and any amounts funded by you through your funding instrument. The following terms apply to the usage of Credits:
1. When you receive Credits, you have a limited right to use the Credits in connection with certain features on PayWith.
2. Except as otherwise stated, purchases of Credits are non-refundable to the full extent permitted by law.
3. You may not sell Credits to anyone, or transfer them to anyone outside of PayWith.
4. We may change the way in which Credits are earned at any time, as well as the ways that you can use or transfer Credits.
5. We reserve the right to stop issuing Credits.
6. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing or unless required by law.
7. Credits are subject to our Abandoned Property provision (Section 5.6 below).
5.2 Conversion of Credits. PayWith may, in its sole discretion, offer you the opportunity to convert Credits which are restricted in their usage, for example to a specific merchant, into Credits which may have fewer restrictions. Prior to executing a conversion, PayWith will advise you of the conversion rate, i.e. the amount of Credits you will receive divided by the amount you are converting. In executing the conversion, you accept the conversion rate and acknowledge that the conversion transaction is final and irreversible.
6. Your Privacy and Ownership of data
6.1 Purchase Data. “Purchase Data” is information related to a purchase completed or attempted by you at a merchant location using a PayWith form of payment provided to you. This includes, but is not limited to:
· Your PayWith account User Name;
· Information relating to the merchant where the purchase was completed or attempted;
· The form of payment details including the 16-digit card number, expiry date and CVV (if applicable);
· Transaction information including the date and time of the transaction, the gross value of the transaction and the items purchased with applicable prices.
You acknowledge and agree that Purchase Data belongs to PayWith. You may access the Purchase Data related to your transactions using the PayWith Application. We reserve the right to acquire, store, transmit and distribute this data. We further reserve the right to share this data with any third party in any form under any commercial arrangement between PayWith and the third party.
6.2 Funding Data. “Funding Data” is information related to any charges made by PayWith against the funding instrument associated with your PayWith account or provided to PayWith when you purchase a gift card. PayWith is the merchant of record on all such funding transactions. PayWith may share or publish aggregated Funding Data covering multiple PayWith accounts but will not share your detailed Funding Data with any third party without your permission.
· What information we collect and why we collect it.
· How we use that information.
· The choices we offer, including how to access and update information.
7. Actions we may take
7.1 At-will use. We may revoke your eligibility to use the PayWith Application at any time at our sole discretion.
7.2 Inquiries. By using PayWith, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
7.4 Physical card blocking. We may block a physical card which is linked to your account so that it cannot be used to make a purchase if we have reason to believe it has been lost or stolen.
7.5 Payment limitations. In order to prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit funding instruments for a transaction, or limit your ability to make a purchase, or deactivate your account.
7.6 Sharing of information. In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
7.7 Abandoned Property. If you leave a Balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your account and leave a Balance, or if we deactivate your account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your Balance to the appropriate governing body as required by law.
8. Disputes and reversals
8.1 Customer assistance. We provide various tools to assist you in communicating to resolve a dispute arising from a payment transaction, including:
· You can obtain answers to Frequently Asked Questions at www.paywith.com/faq
· A Customer Service representative can be reached by phone on 1-855 PAYWITH
8.2 No liability for spend transaction. If you enter into a transaction with a merchant or other third party and have a dispute over the goods or services purchased, PayWith has no liability for the goods or services underlying the transaction. Our only responsibility is to provide a form of payment and to handle your funding transaction. All funding transactions are final unless required by law.
8.3 Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
8.4 Intervention. We may intervene in disputes concerning payments that may arise between you and a third party, but we have no obligation to do so.
9. Notices and amendments to these Terms
9.1 Notice to you. By using the PayWith service, you agree that we may communicate with you electronically any important information regarding your purchases or your account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three business days of the time sent.
9.2 Notice to us. Except as otherwise stated, you must send notices to us relating to PayWith and these Terms by postal mail to: PayWith, Attn: Legal Department, 150-200 Granville Street, Vancouver, BC, Canada, V6C 1S4.
9.3 Amendment guidelines. We may update these User Terms at any time without notice as we deem necessary to the full extent permitted by law. The User Terms in place at the time you confirm a transaction will govern that transaction.
10. Additional Terms
10.2 Conflict of laws. Some countries may restrict or prohibit your ability to make payments through PayWith. Nothing in these Terms should be read to override or circumvent any such foreign laws.
10.3 Courtesy translations. These Terms were written in English (US). To the extent any translated version of these terms conflicts with the English version, the English version controls.
10.5 Not CDIC insured Your Account balance is not CDIC insured.
10.6 Issuer This card is issued by Home Trust Company.
10.7 Financial Consumer Agency of Canada If you think that federal consumer protection laws have not been followed, you may contact the Financial Consumer Agency of Canada in writing at 6th Floor, Enterprise Building, 427 Laurier Avenue West, Ottawa, Ontario K1R 1B9. You may also contact them at 1-866-461-3222 (English) or 1-866-461-2232 (French), or through their website at www.fcac-acfc.gc.ca
PREPAID CARD CARDHOLDER AGREEMENT
Licensed under U.S. Patent Nos. 5,689,100 and 5,956,695 and Canadian Patent No. 2,215,969.
DISCLOSURE: Please read this Agreement carefully and retain a copy for your records.
The following terms and conditions govern your use of the Prepaid Card. By signing or using the Prepaid Card, you are agreeing to these terms and conditions, and to the fee(s) stated below, if any, associated with the Card.
CARD ISSUER: This Card is issued by Home Trust Company
CARD INFORMATION AND BALANCE: For the activation date, to verify the balance of funds on the Prepaid Card, for inquiries into these terms and conditions or for other card information visit www.coasthotels.com/giftcards or call toll-free 1.800.998.6844.
SPLIT TENDER TRANSACTION: If you do not have enough funds available on your Card to cover the entire transaction amount, some Merchants will support a “split tender transaction” where you can instruct the Merchant to charge a part of the purchase to the Card and pay the remaining amount with an alternative payment method.
CARD RESTRICTIONS: Card can be used only to purchase goods and services at authorized Merchants. This Card is not reloadable, not refundable or redeemable or exchangeable for cash, and may not be used to make withdrawals or at ATMs. Balance of $5.00 and less refundable upon request. The Card may be deactivated at any time if fraud is suspected. The Card cannot be used for recurring or any other pre-authorized payments (e.g. pay-at-the-pump, where the final total is unknown and a set amount is pre-authorized on your card in advance), or for payments on a credit account, or for any illegal transaction. Certain Merchants, (including but not limited to restaurants) may pre-authorize an amount equal to the purchase plus up to an additional 20% to ensure there are funds available for tips or incidentals. If your Balance is not sufficient to cover the purchase plus this additional up to 20%, your transaction may be declined. The pre-authorized amount will be ‘held’ for up to seven (7) days until the amount of your purchase is finalized. You should review the return policies of the Merchant for purchases made with the Prepaid Card.
NO EXPIRY; CARD PLASTIC ‘VALID THRU’ DATE: Your right to use the funds loaded onto the Card does not expire. Please note that the Card has a “valid thru” date imprinted on or associated with the Card. This is the date after which you may not use the Card. However, expiration of the “valid thru” date does not mean the Balance remaining on the Card expires. If there is a remaining Balance on the Card after the “valid thru” date, simply contact us at the customer service number on the Card for directions on how to redeem the remaining Balance. To obtain the “valid thru” date, go to www.coasthotels.com/giftcards or call 1.800.998.6844.
Purchase Fee: Unless prohibited by law, a purchase fee of up to $2.50 may be assessed at time of purchase.
Up to $2.50
Card Replacement Fee: Up to a $5.00 card replacement fee may be charged to replace lost, stolen or damaged Card.
Up to $5.00
Home Trust Company will not increase any fee or impose a new fee in association with the Card.
Card funds are not insured by the Canadian Deposit Insurance Corporation (CDIC).
Coast Hotels app: Registering your card in the Coast Hotel app, including rewards and reload capabilities, constitutes acceptance of the Coast Hotels Program Agreement. For info: mgift.com/tac or 1.800.998.6844.
LOST OR STOLEN CARD: You agree to protect your Card against loss, theft, or unauthorized use by taking all reasonable precautions. If your Card has been lost or stolen or if you have reason to believe that someone has made an unauthorized transaction with your Card or may attempt to use your Card without your permission, you agree to notify us IMMEDIATELY by calling 1.855.729.9484. All transactions carried out prior to such notification shall be deemed to have been authorized by you. You will be asked to provide us with your name, the Card number, the original Card value and transaction history. We cannot re-issue a Card if you do not have your Card number. If our records show that a Balance still remains on the Card, we will cancel the Card and make such available Balance amounts available to you on a re-issued Card. It may take up to thirty (30) days to process your re-issuance request.
DEFINITIONS: “Agreement” means the terms and conditions set out in this Cardholder Agreement, which govern your use of the Card. “Applicable Law” means the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), PCI DSS or any other statute, regulation, guideline or operating rule of any governmental authority or any other regulatory authority that Home Trust Company or the Distributor are subject to. The terms “Card” and “Prepaid Card”, or in lieu of a Card, the “eCard” mean the Prepaid Card issued by Home Trust Company. The value of the funds on the Card is referred to herein as the “Balance”. “Cardholder” means an individual who activates, receives and/or uses the Card. “Distributor” means each distribution agent and retail outlet that offers the Cards for sale to consumers. Distributors are not agents or representatives of Home Trust Company and have no authority with respect to the Cards. “Transaction Amount” 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 fees and taxes imposed to complete the transaction. “Merchant” or “Retailer” means a retail establishment that is authorized to accept the Card. “Home Trust” means Home Trust Company, the issuer of the Card. “We”, “us” and “our” mean Home Trust, and all associated and affiliated third parties required to fulfill and manage your Card. “You”, “your” and “yours”, each means the Cardholder. The “Website” means coasthotels.com/giftcards.
THE PREPAID CARD: The Card is a stored-value, prepaid card that is the property of Home Trust and is subject to the terms of this Agreement. The Card is not a credit card, charge card, or debit card, and its usage will not enhance or 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. For greater certainty, you shall have no right to write cheques on or demand repayment of the outstanding Balance of available funds on the Card, other than as provided for herein. You are strictly limited to the right to use the Card in accordance with this Agreement as payment for goods and services from authorized Merchants.
AVAILABLE BALANCE: So long as the Balance remaining on the Card is sufficient, each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and any applicable taxes or other charges assessed by the Merchant. If, however, due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the Card, creating a negative Balance, you agree to reimburse us upon request for the amount of the Transaction Amount in excess of the Balance. You agree that we may lock or revoke the Card without notice if we do not receive funds from you in the full amount of the activated Balance on the Card.
TRANSACTIONS MADE IN FOREIGN CURRENCIES: We convert any transactions made in a foreign currency to Canadian dollars using a MasterCard conversion rate in effect on the day the transaction is posted to your Card. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. However, if a foreign currency transaction is refunded to your Card, the MasterCard conversion rate used to convert your refund to Canadian dollars for your Card 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 may be less than the amount that was originally charged to your Card for that transaction.
RECOVERY FROM LOSS, THEFT, OR UNAUTHORIZED USE: 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.
LIMITATIONS ON USE: You agree that you will not use the Card at any non-participating or unauthorized merchant locations. You agree that a purchase made by you may not be authorized or settled by us unless it complies with this Agreement.
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. 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. To use the Card, simply present the Card at the time of payment, and sign the receipt. You may wish to retain the receipt as a record of the transaction.
You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on your Card. You do not have the right to stop the payment of any transaction you conduct with the Card. We are not liable to you for declining authorization for any particular transaction, regardless of our reason.
ACTIVATING THE CARD: The Card has no value until it is activated by the cashier at the time of purchase. We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen.
INFORMATION ABOUT BALANCE: You should keep track of the Balance remaining on your Card. To obtain the current Balance amount, request information on previous transactions, or for customer service, you may call us at any time using the toll-free customer service number at 1.800.998.6844, as shown on the back of your Card or by visiting the Website. Your Card Balance will reflect all transactions that have been posted to our system. If you have a question or a problem about a posted transaction (for example, a transaction that appears to be a duplicate transaction) you must notify us immediately and no later than sixty (60) days from the date of the transaction or you will be deemed to have accepted such posted transaction. You must tell us your Card number, the date and dollar amount of the error, and explain as clearly 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 will notify you of the results of our investigation within sixty (60) business days.
NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE: From time to time, Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information about the Balance on your Card. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
WEBSITE AND AVAILABILITY: You agree that we will not be responsible for temporary interruptions in Website service due to maintenance, 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 and armed conflicts.
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.
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. We advise the regular use of a reputable and readily available virus screening and prevention software.
PURCHASE DISPUTES AND REFUNDS: 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. 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. If you have a complaint or inquiry about any aspect of your Card Balance, please call our complaint officer at 1.800.998.6844. We will do our best to resolve your complaint or inquiry.
YOUR LIMITED RIGHT TO CANCEL: If the Card has not been used and you do not want the Card, you may cancel this Agreement and return the Card before it is used along with the original receipt, by mail postage prepaid, to ATTN: Prepaid Card Customer Service, 150 – 200 Granville St. Vancouver, BC, V6C 1S4
within thirty (30) calendar days after the activation date. If the Card is returned in a timely manner before it is used, you will receive a refund of the amount on the Card. No refunds will be honoured unless (a) the Card is returned unused by mail post-marked within the thirty (30) calendar day period; and (b) you provide your name and mailing address with the returned Card and the original receipt.
Information concerning this cancellation program may be obtained by calling 1.855-729-9484
Requests for cancellation may take up to sixty (60) days to process.
TERMINATION OF PROGRAM: We have the right to terminate the Card program at any time. If we have terminated the program and the Card can no longer be used, you may surrender the Card and redeem the remaining amount on the Card for a refund by returning the Card by mail, postage prepaid, to ATTN: Prepaid Card Customer Service, 150 – 200 Granville St. Vancouver, BC, V6C 1S4. No refunds will be honoured unless (a) the Card is returned, and (b) you provide your name and mailing address with the returned Card. Requests for refunds may take up to sixty (60) days to process. For inquiries concerning surrenders and redemptions, call 1.855-729-9484.
AMENDMENT TO AGREEMENT: Subject to the provisions of Applicable Law, Home Trust may amend this Agreement by posting changes to this Agreement or a replacement form of Agreement on the Website, or sending notice to you via email or postal mail. 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 Agreement, you agree to immediately stop using the Card and notify Home Trust 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 situation does arise, then you will be given notice as soon as reasonably possible in the circumstances.
We may use service providers inside and outside of Canada to collect, process and store personal information on our behalf for the purposes described above. Some of these service providers may be located outside of Canada. The laws on data protection in these other jurisdictions may differ from those in Canada and may permit government, law enforcement and national security authorities in that jurisdiction to have access to your personal information in certain circumstances. Subject to these laws, Home Trust will use reasonable measures to maintain protections of your personal information that are equivalent to those that apply in your jurisdiction. Should you not wish to accept these data protection terms and conditions, or wish to withdraw your consent and cancel the Card, you must communicate with customer service and request we cancel the Card and discontinue any further use of your personal information. If you have any questions about how we handle Cardholder Information, or if you would like to request access to or correction of your Cardholder Information, you may contact customer service and ask to speak with our Privacy Compliance Officer.
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. For the most recent version of the Cardholder Agreement or Terms and Conditions, please visit www.getmybalance.com.
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 the card, customer service functions, or any other 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 or usage of trade.
LIMITATION OF LIABILITY: [not applicable in Quebec] 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 service function. In the event that we are held liable to you, you will only be entitled to recover your 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.
GOVERNING LAW: This Agreement will be governed by the federal 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 to such subject matter.
SECTION HEADINGS: Section headings in this Agreement are for 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 1.855.729.9484 or write to: Prepaid Card Customer Service, 150 – 200 Granville St. Vancouver, BC, V6C 1S4 . For the most recent version of the Cardholder Agreement or Terms and Conditions of this agreement, please visit: www.coasthotels.com/giftcards. Effective Date: October 5, 2015
Notice: Please allow 4 days for your e-gift card to be delivered while we verify your purchase with your financial institution.