Hutsy Visa* Prepaid Card Cardholder Agreement

Please read this Agreement carefully and retain a copy for your records.

This Agreement applies to your use of the Card. By activating, signing and/or using the Card, you are agreeing to these terms and conditions and fees outlined below.

INFORMATION DISCLOSURE SUMMARY (detailed terms and conditions will follow):

Card issuer: This card is issued by Peoples Trust Company under licence by Visa International Incorporated.

Card information and balance: For up-to-date Card terms and conditions, to obtain the expiry date of your Card, if you have questions, or to log a complaint, you may call customer service at 1-800-251-3129 or visit https://hutsy.ca for free.  You need to download the Hutsy App on your phone to review your card balance and access your transactions.

Card restrictions: 

• You must be of age of majority in the province or territory where you obtain the Card.

• Cardholders are restricted to one Card per person. You may not resell the card.

• • Card is reloadable. You may not add funds to the Card via wire transfer.

• Use of the Card in certain countries may be restricted by law.

• • You do not have the right to stop the payment of any transaction you conduct with the Card.

• Regular pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from the Card, are not permitted. All PAD transactions will be rejected, and Peoples Trust will not be liable for any costs incurred by you as a result.

• You may not use your Card to commit for any illegal, improper or prohibited activity.
• Card may be deactivated at any time if fraud, related to the Card or use of the Card, is suspected. 
• The Card is subject to maximum transaction limits, as set out below. Peoples Trust may change these limits in accordance with Applicable Law and will post notice on https://hutsy.ca at least thirty (30) days in advance of the date such change is to come into effect. The change will take effect on the date indicated in the notice. Your continued use of the Card, after the change to the limits has come into effect, will be taken as your acceptance of that change.

Card expiry and access to funds: Your right to use the funds loaded on the Card does not expire. If funds remain on the Card after the expiry date, contact customer service at 1-800-251-3129 for information on how to receive a replacement Card. 

Fees: The table below sets out the fees that may be imposed upon the Card. You acknowledge being advised of the fees and agree to pay all fees charged under this Agreement.

† Subject to change. See terms and conditions below for details.

†† First replacement card is free. We will charge $10.00 for any additional replacement card.

Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).

Lost or stolen Card or PIN: You must take all reasonable steps to protect the 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. If you lose the Card or you become aware that the PIN may have become known to someone else, you must call customer service immediately at 1-800-251-3129. Avoid PIN combinations that may be easily guessed by others. All transactions carried out on the Card before you notify us will be considered to have been made by you.

If you forget the PIN, you can use the function on the App to change your PIN or obtain a reminder by calling customer service at 1-800-251-3129. The PIN may be disabled if an incorrect PIN is entered three (3) times. If the PIN is disabled, please call customer service for assistance. 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.

Split tender transactions: If the Balance on your Card is insufficient to cover the full Transaction Amount, you may request the merchant to conduct a split tender transaction, which is where you use the Card as partial payment of the Transaction Amount and then pay the remainder of the amount with another form of payment (e.g., cash, cheque, credit or debit). If you fail to inform the merchant that you would like to complete a split tender transaction prior to swiping your Card, your Card may be declined. Some merchants may require payment for the remaining Balance in cash. Merchants do not have to and may not agree to accept split tender transactions.

Detailed Terms and Conditions:

Definitions:

• ‘Agreement’ means this Hutsy Visa Prepaid Card Cardholder Agreement between Peoples Trust and the Cardholder and all documents that are expressly referred to in this Agreement, which govern your use of the Card, as amended from time to time.
• ‘Amendment’ refers to any change to a term or condition of this Agreement or to the addition of a new term or condition.
• ‘Applicable Law’ means, in relation to any person, property, transaction or event, all applicable provisions of: (a) statutes, laws (including the common law), rules, regulations, decrees, ordinances, codes, proclamations, treaties, declarations or orders of any Governmental Authority; (b) any consents or approvals of any Governmental Authority; (c) any orders, decisions, advisory or interpretative opinions, injunctions, judgments, awards, decrees of, or agreements with, any Governmental Authority; and (d) any bylaw, operating rule or regulation of Visa, in each case applicable to or binding upon such person, property, transaction or event.
• ‘Balance’ means the total amount of available funds on the Card.
• ‘Card’ refers to the Hutsy Visa Prepaid Card activated, received or used by the Cardholder.
• ‘Cardholder’ means you or any other person who has received, activated or used the Card.
• ‘Foreign Exchange Charge’ the foreign exchange service charge we assess when you complete transactions in a currency other than Canadian dollar.
• ‘Governmental Authority’ means the government of Canada or of any other nation, or of any political subdivision thereof, whether state, provincial, territorial or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government, including any supra-national bodies, a Minister of the Crown, the Office the Superintendent of Financial Institutions or other comparable authority or agency.
• ‘Hutsy App’: The Hutsy app is a program which the Cardholder can download on their mobile devices to access Hutsy services. 
• ‘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.
• ‘Peoples Trust’ means Peoples Trust Company and its affiliates, successors and assigns.
• ‘Personalized Card’ means a Hutsy Visa Prepaid Card personalized with your name.
• ‘PIN’ means a Personal Identification Number used with your Card for POS transactions or at ATMs for additional security.
• ‘POS’ means point of sale, where you can use the Card to purchase goods or services from a merchant.
• ‘‘Transaction Amount’ is the amount that is debited from the Balance in connection with your use of the Card to purchase goods or services, which includes the amount of the Balance to be transferred, the Card service charges, and the taxes imposed to complete the transaction.
• ‘Visa’ means Visa International Incorporated, and its affiliates, successors and assigns.
• ‘Visa Conversion Rate’ means the rate that we pay to Visa to convert foreign currency to Canadian currency plus the Foreign Exchange Charge.
• ‘we’, ‘us’, and ‘our’ mean Peoples Trust and our assignees. 
• ‘Website’ means https://hutsy.ca.
• ‘you’, ‘your’, and ‘yours’ mean the Cardholder.

Acceptance: This Agreement constitutes a binding agreement between you and us with respect to the terms of use of the Card.

The Card: The Card is a Visa prepaid card that can be used anywhere that Visa is accepted, including mail order, online, telephone and POS retail merchants, subject to the terms of this Agreement. 

Activating the Card: The Card cannot be used for any purpose until it has been activated in accordance with the instructions on the activation sticker. 

Ownership and Use of the Card: To use the Card, simply present the Card at the time of payment and enter your PIN (or sign the receipt with the same signature you used when you signed the Card). 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. The Card is, and will remain, our property; resale of the card is not permitted. 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. Neither the Card nor the Balance is a deposit account. You have no right to write cheques on, or demand repayment of, the outstanding Balance 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 Visa. As you use the Card, the Card’s Balance will be reduced by the full amount of each purchase including taxes, charges and other fees, if any. If you use the Card for card-not-present transactions (for example, transactions performed by Internet, mail or phone), the legal effect is the same as if you used the physical Card. The Card can be used without a PIN to make purchases online.  You should retain the receipt as a record of the transaction.

The Card includes a PIN that can be used to withdraw any Balance available on the Card in cash at any ATM displaying the Visa or Plus* acceptance marks. When you use the Card at an ATM, the amount of the withdrawal, plus any applicable fees and taxes, will be deducted from the available Balance associated with your Card.

Your Card can also be used at any POS that accepts Visa Tap to Pay with Visa, subject to merchant purchase limits.

You are solely and completely responsible for the possession, use, and control of the Card. You must surrender the Card to us immediately upon request by us. The Card is provided to you only. 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 agree that, if a merchant requires that you sign a sales draft, we are not required to verify your signature on any sales draft prepared in connection with a transaction on the Card and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on the 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 transaction, regardless of our reason. We may, in our sole discretion, cancel or suspend any features or services of the Card at any time, with or without cause, with thirty (30) days’ notice to you or as otherwise required by Applicable Law.

You should receive a paper record of each POS transaction or ATM transaction for which you use the Card. If you identify an error in any transaction record, you must address the error directly with the merchant or ATM operator.

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. 

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 that there are sufficient funds available on the Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Balance will not cover the Transaction Amount plus the additional 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 14 days for the pre-authorization hold to be removed, and timing may vary depending on the type of merchant.

During the hold period, you will not have access to the pre-authorized amount.

Loading Funds: The Card is reloadable and the methods available for adding or transferring funds to the Card are listed on the Website. The load methods may change from time to time. Some load methods are offered by third party service providers and are subject to additional fees. See the Website and the applicable service providers’ terms and conditions for more details. Subject to applicable Card fees, funds loaded to the Card in-store or via card-to-card transfer will be available immediately after the load is confirmed by us. The time before funds become available may vary for other load methods.

The funds provided by you to load a Balance onto the Card and the Balance on the Card are not a deposit, and they do not establish a separate individual deposit account with us or any other Canadian financial institution. You will not receive interest on the Balance or on any funds you load onto the Card.

Information About Balance: It is your responsibility to ensure that there is a sufficient Balance on the Card to cover transactions plus any pre-authorized amounts. To obtain the current Balance amount, or the transaction history, use the Hutsy App on your phone or call customer service toll-free at 1-800-251-3129. The Balance will reflect all transactions that have been posted to our system.  You are not allowed to exceed the Balance available on the Card for any transaction.

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.

If your Card has a negative Balance and three (3) consecutive transactions are conducted while the Card has a negative Balance, we will disable the Card to prevent any further transactions until the Balance on the Card is brought back to a positive Balance. You must not attempt to cause the Card to have a negative Balance. If a negative Balance is created on the Card following any transaction initiated or authorized by you, then you agree to repay the amount of the negative Balance to us within ten (10) days of such transaction.

If the Card has a negative Balance for sixty (60) consecutive days, we will put the Card into a suspended state so that no other transaction can be processed. Please call customer service if you wish to continue using the Card.

If there is no activity on the Card for ninety (90) consecutive days and the Balance on the Card is $0.00 or negative, we will put the Card into a suspended state so that no other transaction can be processed. Please call customer service if you wish to continue using the Card.

If the Card has a Balance of $0.00 or negative and there have been no transactions for one hundred and twenty (120) days, we may close the Card account.

In the event that there is not a sufficient Balance on the Card to pay monthly maintenance fees, we may deactivate the Card without notice.

Transactions Made in Foreign Currencies: We convert transactions made in a foreign currency to Canadian dollars using the Visa Conversion Rate in effect on the day the transaction is posted to your Card. The Visa Conversion Rate in effect on the posting date may differ from the rate in effect on the date of the transaction. 

However, if a foreign currency transaction is refunded to your Card, the Visa Conversion Rate used to convert your refund to Canadian dollars for the Card is the rate that we pay to Visa minus the Foreign Exchange Charge. Additionally, the rate that we pay to Visa 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 the 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, and the original Card value and transaction history. We cannot re-issue a Card if you do not have your Card number. If you lose the Card, someone might be able to use the Balance on the Card. We will refund any remaining Balance (less the Card refund / cancellation fee) after we have processed all transactions completed before we had an opportunity to act on your information.

 A replacement Card with any remaining Balance (less our fees as stated in the table marked ‘Fees’) will be issued within 14 days after you report the Card lost or stolen to ensure that all transactions have been processed properly. We will have a customer service representative or automated voice response service available seven (7) days a week, twenty-four (24) hours a day that will allow immediate cancellation of the Card upon your request. We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen. 

You agree, to the extent permitted by Applicable Law, to cooperate with us in our attempts to recover from unauthorized users and to assist in their prosecution.

With the Visa Zero Liability Policy, you will not be liable for any unauthorized use of the Card or account information on any transactions processed by Visa. You must notify us immediately of any unauthorized use. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days all the required forms and/or documents have been received and confirmed by us and may require a police investigation.

Notification and Change of Terms: Subject to the limitations of Applicable Law, we may from time to time amend any term or condition of this Agreement or add new terms or conditions to this Agreement, including increasing or adding new fees. 

As required by Applicable Law, notice of any Amendments will provided on the website and the Hutsy App. We must, at least thirty (30) days before the Amendment comes into force, provide you notice drawn up clearly and legibly, setting out the new clause(s) only, or the amended clause(s) and the clause(s) as it (they) read formerly, the date of the coming into force of the Amendment and your rights set forth below.

You may refuse the Amendment and rescind this Agreement without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the Amendment comes into force, if the Amendment entails an increase in your obligations or a reduction in our obligations. If you choose to rescind this Agreement, the Cancellation section of this Agreement will apply. Notification of any Amendment will also be posted on the Website at least sixty (60) days in advance of the effective date of the Amendment, unless otherwise required by Applicable Law. The change will take effect on the date indicated in the notice. You are responsible for informing us of any change in your mailing or email address, by contacting customer service at 1-800-251-3129, and for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic mail.

You may notify us by delivering notice to us through the contact details provided on the Website (other than notification of a lost or stolen Card, which may only be done by telephone as set out above). Notice will be deemed to be received on the date of delivery of notice to us, as applicable, and the next business day after electronic mail.

Cancellation: You may at any time terminate this Agreement by calling 1-800-251-3129. We may terminate this Agreement at any time, at which time you must immediately return the Card to us or as we direct, provided that if you are not in default of your obligations under this Agreement, we will notify you in writing at least thirty (30) days before the date of termination. We will reimburse you any remaining Balance on the Card less outstanding fees. Despite any termination of this Agreement, you must fulfill all of your obligations under this Agreement. We may terminate this Agreement at any time, with or without cause. Upon Agreement cancellation, your Card will also be cancelled, and you should destroy it immediately. Once the card is cancelled, a cheque for any remaining Balance, less any outstanding fees and preauthorized amounts, (and, in the case you cancelled the Agreement, less the Card cancellation fee) will be mailed to you within forty-five (45) business days from the cancellation date. Despite any termination of this Agreement, you must fulfil your obligations under this Agreement.

Purchase Disputes and Refunds: If you believe a transaction on your Card account is incorrect, you must notify us in writing either by mail or email, of your dispute within 14 days of the transaction date. Following your notification, a form will need to be completed and sent to the customer service team within 14 days of the transaction date through any of the following methods of delivery: Hutsy Financial Corp., 2500 – 88 Queens Quay W, Toronto, ON M5J 0B8, Canada or [email protected]. You can obtain a dispute form by calling 1-800 251-3129 and following the prompts for lost or stolen cards. Please note that this form must be received within 14 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 the purchase of goods or services you made using the Card, and you agree to settle such disputes with the merchant from whom any such goods or services were purchased, please ask the merchant for any return policy that may apply to purchases made with the Card. We are not responsible for the delivery, quality, safety, legality or any other aspect of any goods or services you purchase with your Card 

Arbitration (not applicable to residents of Quebec): To the extent permitted by Applicable Law, you agree that any claim or dispute arising out of or relating to this Agreement (i) shall be resolved by final and binding arbitration before a single arbitrator at Vancouver, British Columbia and (ii) shall not be brought through class or individual litigation proceedings. If such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.

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 number at 1-800-251-3129. If customer service is unable to resolve the complaint or inquiry to your satisfaction, please call us at 1-855-694-6214 or submit your complaint or inquiry through the form found on the Website (http://www.peoplestrust.com/en/about-us/contact/). 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 complaint to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If the Cardholder has a concern regarding a 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: