1. Parties and Definitions. By using the DirectCash branded MasterCard® card (referred to as the "Prepaid Card"), the person to whom the Prepaid Card is delivered and/or registered to (the "Customer"), the Customer is entering into an agreement with DirectCash and DCBank in respect of the matters set out herein. The delivery of a Prepaid Card to the Customer shall constitute DirectCash's acceptance of this agreement. No alterations to this Agreement may be made without DirectCash's prior written approval. In this Agreement the words "You" or "Your" mean the Customer and any other person who gains access to the Prepaid Card and authorizes an advance/funds transfer transaction using the Prepaid Card (with or without the Customer's consent see "Prepaid Card & PIN Care & Control" and "Authorized, Unauthorized or Fraudulent Use" and " Lost or Stolen Prepaid Card"). The Customer should keep a copy of this Agreement with the Customer's important records. Each Prepaid Card is issued by DCBank under authorization from the applicable banking or credit card network.
In this Agreement a "Politically Exposed Person" ("PEP") means (A) any person who holds or has ever held one of the following offices or positions in or on behalf of a country: (1) a head of state or government, (2) a member of the executive council of government or member of a legislature, (3) a deputy minister (or equivalent), (4) an ambassador or an ambassador's attaché or counsellor, (5) a military general (or higher rank), (6) a president of a state owned company of bank, (7) a head of a government agency, (8) a judge, or (9) a leader or president of a political party in a legislature; or (B) any of the following family members of an individual described in (A)(1) (9): (i) mother, (ii) father, (iii) spouse, (iv) common law partner, (v) spouse's or common law partner's mother or father, (vi) brother, (vii) sister, (viii) half-brother, or (ix) half-sister, (in all cases regardless of citizenship, residence status, or birth place). "Politically Exposed Canadian Person" or "Domestic PEP" means a PEP in/from/related to Canada. A "Politically Exposed Foreign Person" ("PEFP") means a PEP in/from/related to a country outside of Canada.
As indicated above, Customer represents to DirectCash and DCBank that the Customer is not a Politically Exposed Foreign Person or a Politically Exposed Canadian Person.
2. Registration. To receive a Prepaid Card the Customer must complete the registration process by providing DirectCash and DCBank with current, complete and accurate information as prompted by the registration form (which may be filled in online through the internet). The Customer agrees that any registration information which the Customer provides to DirectCash and DCBank shall be updated whenever the same is changed so that DirectCash's and DCBank's records are always current.
3. Sign Card. The Customer should sign the back of each MasterCard® Prepaid Card immediately upon receipt.
4. Prepaid Card Transaction Capabilities/Services. Once the Customer has successfully completed the registration process, the Customer will be given custody of a Prepaid Card and may be provided (depending on the type of Prepaid Card) with a secret personal identification number or password ("PIN") that corresponds to the Prepaid Card. Depending on the type of transaction and the type of Prepaid Card several different types of transactions could be completed with a Prepaid Card. In all cases the transactions that can be authorized with a Prepaid Card are limited by the remaining amount of the advance limit authorized for that Prepaid Card from time to time (the "Advance Limit") less applicable service fees.
The MasterCard® Prepaid Card can provide access to any automated teller machine (an “ATM”) which displays the applicable MasterCard® logo or the logo of an international network that routes transaction requests to MasterCard® to obtain cash advances. Completing this kind of transaction requires that the Prepaid Card be swiped and the secret PIN be entered. The minimum cash advance is determined by the dispensing capability of each ATM.
MasterCard® based cards allow the Customer to use any credit card terminal (a “Credit Card Terminal”) which displays the MasterCard® logo or the logo of an international banking network that routes transaction requests to MasterCard® to facilitate the purchase of goods/services. Completing this kind of transaction requires that the Prepaid Card be swiped and may also require that the Customer provide a signature.
MasterCard® based cards allow the Customer to authorize payments without physically presenting the Prepaid Card ("Electronic Transactions"). Electronic Transactions could take the form of internet purchases, telephone purchasers or fax purchases. Additional requirements may apply for Electronic Transactions (which many vary by transaction size, transaction type, merchant rules or other requirements) which may include provision of a PIN number or the disclosing of an additional security code printed on the Prepaid Card. When Prepaid Card is used to carry out an Electronic Transaction or mail order transaction (i.e. where the Prepaid Card is not physically presented), the legal effect of (and the Customer's liability for) the transaction are the same as if the Prepaid Card was physically presented in person by the Customer.
When a Customer presents a Prepaid Card to some goods/services providers, those goods/services providers may request a transaction authorization in advance and may estimate its final value not knowing what the actual final charge will be or whether there will be a charge at all (a "Pre-Authorized Transaction") (such as restaurants, rental car companies, hotels) ("Pre-Authorizing Retailers"). Not all networks permit Pre Authorized Transactions (as of April 2010, this was permitted only through MasterCard® Prepaid Cards). DirectCash or DCBank may identify certain types of goods/services providers as being Pre Authorizing Retailers which frequently authorize higher dollar amounts as compared to the originally estimated amount. Additionally, under applicable network rules it may be possible for a goods/service providers to specifically identify a transaction as being a Pre-Authorized Transaction. When the Customer requests authorization of a transaction which DirectCash or DCBank identifies as a Pre-Authorized Transaction DirectCash might: (a) refuse the transaction if there is not a specified percentage/amount of remaining Advance Limit associated with the Customer's Prepaid Card; and/or (b) put a hold on any further authorizations with the Prepaid Card for a period of time to provide time to determine whether the final actual charges put through for the Pre Authorized Transaction will exceed the estimated amount. Applicable network rules determine how many days (15 days for MasterCard transactions as of April 2010) after the original estimate Pre-Authorized Transaction is entered the Pre-Authorizing Retailer can enter a follow up transaction with the actual amount (the "Authorization Deadline"). Applicable network rules also determine by what percentage (120% for MasterCard transactions as of April 2010) of the original estimated Pre-Authorized Transaction that the Pre-Authorizing Retailer is limited to when entering the follow up transaction (the "Authorization Limit"). DirectCash will typically put a hold on an amount of funds equal to the Authorization Limit until the Authorization Deadline (unless the Pre Authorizing Retailer actually enters a cancellation request for the original Pre Authorized Transaction. DirectCash will set the amounts and duration of holds put on funds in accordance with applicable network rules.
The Customer acknowledges that once a Pre-Authorized Transaction is approved for the Customer's Prepaid Card, the Authorization Limit will be unavailable for the Customer to use until the Authorization Deadline elapses without a follow up transaction being entered. For example, if the Customer allows a restaurant, rental car company, hotel, etc. to process a Pre-Authorized Transaction on the Customer's Prepaid Card, an amount equal to the Authorization Limit (for example 120% of the original amount) will not be useable by the Customer until after the Authorization Deadline (for example 15 days), even if the Customer ultimately never owes the restaurant, rental car company, hotel, etc. any money.
In respect of all types of transactions, DirectCash and DCBank may also set limits for (a) maximum dollar amount of loads per day, (b) maximum number of loads per day, (c) minimum balance to keep card active, (d) maximum dollar amount of Electronic Transactions per day, (e) maximum number of Electronic Transactions per day, (f) maximum dollar amount of ATM withdrawals per day, (g) maximum number of ATM withdrawals per day, and (h) absolute maximum on useable Advance Limit on one card. These limits may be changed by DirectCash or DCBank from time to time.
A requested transaction may be refused by DirectCash or DCBank if the remaining Advance Limit left on the Prepaid Card is not sufficient to cover the amount of transaction and all applicable service fees. If a Prepaid Card transaction is reversed by a goods/services provider for some reason (including, for example, a refund for returned goods), the amount of the reversal shall be added back to the Advance Limit but any Service Fees previously charged are not reversed.
For certain types of cards and transactions DirectCash and DCBank may limit the transactions to those denominated in Canadian Dollars. If non Canadian currency advances/funds transfers are permitted, cash advances and purchases in non Canadian currency will be subject to (a) different (usually higher) transaction fees, (b) a percentage surcharge fee based on the dollar value of the transaction; and (c) currency conversion rates set by DirectCash and DCBank from time to time (which may include a profit margin for DirectCash and DCBank).
DirectCash and DCBank may from time to time restrict the use of the Prepaid Card so that it only may be used in certain locations/countries. From time to time, DirectCash and DCBank may enable or disable the ability of the Prepaid Card to work in certain locations/countries.
5. No Credit Provided. Prepaid Cards do not include any ability for the Customer to borrow funds from DirectCash or DCBank by going into a negative balance on the Prepaid Card. If Customer receives cash in an ATM withdraw or completes a purchase transaction in excess of the remaining Advance Limit through error or mistake of DirectCash, DCBank or otherwise, DirectCash and DCBank may correct such error when discovered and adjust the balance available on the Prepaid Card. Customer agrees to reimburse DirectCash and DCBank for any excess cash or credit received forthwith upon demand.
6. No Individual Deposit or Account & No CDIC Insurance. The funds (if any) or other consideration provided by (or for) the Customer to cause the Advance Limit associated with the Prepaid Card does not establish a separate individual deposit account held for the Customer by DirectCash or DCBank. Generally, the "Advance Limits" associated with all of these types of Prepaid Cards are deposited into pooled/consolidated trust accounts at DCBank (issued in the name of DirectCash as trustee/agent for all of the cardholders). The Advance Limit associated with the Prepaid Card is not insured by the Canada Deposit Insurance Corporation.
7. No Interest On Advance Limit. The Customer will not receive interest on the Advance Limit for the Prepaid Card.
8. Web Site Access. At the time that the Customer receives a Prepaid Card, the Customer may also be given the opportunity to set a password (the "Internet Password") which will entitle the Customer to access certain information concerning the Prepaid Card and activities related to the Prepaid Card using an internet connection to access DirectCash's web site. The Internet Password should not be the same as the PIN and it is not currently anticipated that the web site access will be useable for anything other than access to information (i.e. the web site may not be set up to accept instructions for funds transfers). The Customer shall be responsible for any changes made to the information maintained by DirectCash in reliance upon internet communications received by DirectCash that are sent using the Customer's Internet Password. The Customer should assure that the Customer follows the same security precautions for the Internet Password as required for PINs.
9. Prepaid Card Status. The Prepaid Card (pursuant to applicable network regulations) remains the property of DCBank (i.e. the issuer of the Prepaid Card). Although DCBank has engaged DirectCash as a service bureau to carry out various functions on behalf of DCBank, DCBank remains financially responsible for the deposits of the Advance Limits associated with the Prepaid Cards.
10. Advance Limit Replenishment (Reloading Card). The Customer may take any Prepaid Card to any merchant authorized by DirectCash or follow instructions set out on DirectCash's web site, and subject to the requirements of DirectCash, may arrange for additional amounts to be added to the Advance Limit authorized for the Prepaid Card (an "Advance Limit Replenishment"). If Customer arranges for amounts to be added to the Advance Limit associated with a Prepaid Card, the Advance Limit is not added to the Prepaid Card unless and until DirectCash or DCBank receives the actual cash (or other security acceptable to DCBank and DirectCash) (from the merchant where the Customer initially provides the funds to a Merchant or from the Customer where the Customer provides the funds directly to DCBank).
11. Transaction Records & Errors. Customer should receive a paper record of each transaction for which Customer uses the Prepaid Card. It is Customer's responsibility to obtain such record and ensure that it is accurate. DirectCash and DCBank are not responsible to provide Customer with any transaction record or periodic statement. If Customer identifies an error in any transaction record, the Customer must address such error with the applicable goods/services provider (i.e. POS device operator) or ATM operator. Furthermore, the Customer must notify DirectCash by calling toll free at the number indicated above or go online at web site indicated above within 30 days after the receipt was issued on which the problem or error appeared, failing which DirectCash and DCBank will have no responsibility to assist the Customer to rectify the situation.
12. No Liability for Disputes with Vendors/ATM Cash Dispensers. Neither of DirectCash or DCBank will be liable in any way for any dispute arising out of the purchase of merchandise or services using the Prepaid Card or the failure of any goods/services provider to honour the Prepaid Card or the failure of an ATM machine to dispense cash. Neither of DirectCash or DCBank will be responsible for any failure to supply, lack of suitability or quality of any goods or services purchased from goods/services providers through the use of the Prepaid Card. Neither of DirectCash, or DCBank will be liable for any action of failure to act of a goods/services provider or a refusal by a goods/services providers to honour the Prepaid Card whether or not such failure or refusal is as a result of any error or malfunction of equipment used to effect an authorization of the Prepaid Card. The Customer will settle directly between the Customer and the goods/services provider any dispute with respect to any such purchase and any such claim or dispute shall have no effect on the reduction to the Advance Limit carried out when the transaction was authorized. DirectCash and DCBank will not be liable for any damage, loss or inconvenience Customer may incur if Customer is unable to use the Prepaid Card as a result of any failure, error, malfunction or technical problem with or at a goods/services provider's systems or equipment, or with an ATM, Debit Card Terminal or Credit Card Terminal.
13. Prepaid Card & PIN Care & Control. The Customer is solely responsible for care and control of the Prepaid Card and any associated PIN and password and is responsible for the full amount of all activity resulting from use of the Prepaid Card by any person (including any use of the Prepaid Card by persons to whom the Customer has made the Prepaid Card, PIN or password available).
Where a PIN number is issued with a Prepaid Card, Customer's Prepaid Card security depends on keeping physical security over the card (including avoiding situations where card information can be skimmed) and keeping the PIN secret. The Customer must never keep a record of the PIN near a Prepaid Card. The Customer must memorize the PIN and not tell anyone the PIN (including family members or friends). The Customer must ensure that no one finds out the PIN, including while the Customer keys in the PIN at an ATM or a Debit Card Terminal or Credit Card Terminal. The Customer should avoid selecting PIN combinations that may be easily determined by others. The Customer is liable for all transactions incurred using the PIN.
MasterCard® Prepaid Cards may facilitate a greater variety of transaction types (as compared to Interac™ Prepaid Cards). However, purchases with a MasterCard® Prepaid Card do not necessarily require the provision of a PIN number to complete the purchase (presentation of the card and signature may be all that is required). Therefore, a MasterCard® Prepaid Card and the identifying numbers identified on the card should be treated with the same security as if it were cash. Also, Purchases over the telephone, the internet or other electronic means may be possible which would not require the presentation of the MasterCard® Prepaid Card or a signature (i.e. provision of the card number may be all that is required). The Customer is responsible for all purchase transactions carried out using a MasterCard® Prepaid Card or card number of a MasterCard® Prepaid Card. The Advance Limit will be decreased by the amount of all purchase transactions carried out using the MasterCard® Prepaid Card or the card number of the MasterCard® Prepaid Card whether or not the Customer believes that the Customer authorized the purchase transactions or not. Therefore, the Customer should take great care to assure that a MasterCard® Prepaid Card is not lost and that the numbers on the card are not provided to others.
14. Use of Card, Not For A Third Party. The Customer represents that the reason that the Customer requires the Prepaid Card is the "Purpose For The Prepaid Card" provided by the Customer when the Prepaid Card was applied for. Customer covenants and agrees that the Prepaid Card will only be used for such specified purpose. The Customer also represents and agrees that Customer is not obtaining the Prepaid Card on behalf of a third party and that Customer will maintain possession and control over the Prepaid Card and will not allow any third parties to possess or use the Prepaid Card.
15. Authorized, Unauthorized or Fraudulent Use. The Customer is also responsible for the full amount of authorized and unauthorized activity resulting from the use of the Prepaid Card including due to fraudulent activity or theft of the Prepaid Card which occurs before the Customer provides DirectCash with actual notification that the Prepaid Card has been lost or stolen, provides necessary identification information, and DirectCash has been able to "deactivate" the Prepaid Card on the applicable banking or credit card system.
16. Prepaid Card Deactivation. DirectCash and DCBank may in DirectCash's and DCBank's discretion refuse a request for authorization of any Prepaid Card transaction or may deactivate the Prepaid Card without notice and may notify third parties of such refusal or deactivation as DirectCash determines is necessary. The Prepaid Card always remains the property of DCBank. If DirectCash or DCBank asks the Customer to return the Prepaid Card, the Customer must do so immediately at the Customer's cost.
17. DirectCash Record Correction. If DirectCash or DCBank discovers that DirectCash or DCBank has added to the Prepaid Card's Advance Limit by mistake or made any other errors or omissions in connection with the activity related to the Prepaid Card, DirectCash and DCBank may reduce (or increase) the Advance Limit of the Prepaid Card to correct such error when it is discovered. If the Customer has used the Prepaid Card to facilitate advances/funds transfers using the Advance Limit added to the Prepaid Card in error, then the Customer shall repay the amount of the Advance Limit used to DirectCash on demand.
18. Lost or Stolen Prepaid Card. If the Prepaid Card is lost or stolen, the Customer should contact DirectCash. On receiving notice, DirectCash will promptly deactivate the Prepaid Card’s ability to be utilized for further transactions. The Customer will be required to provide identification satisfactory to DirectCash before DirectCash can act on the Customer's instructions. Part of the identification process may require the Customer to correctly answer questions based on personal information set out in this Agreement or entered into DirectCash's database as part of the registration process failure to answer such questions correctly may result in DirectCash refusing the Customer's deactivation instructions. Any transactions authorized using the Prepaid Card before DirectCash receives the necessary notice, verifies the Customer's identity, and enters the necessary deactivation codes into the system will reduce the remaining available Advance Limit of the Prepaid Card and will be solely the Customer's responsibility. Such losses if they occur are not insured.
19. Fees, Service Charges & Program Details. DirectCash's and DCBank's current service charges for the services that DirectCash arranges through the use of the Prepaid Card will be charged to the Customer and will result in a reduction of the Advance Limit left on the Prepaid Card. The Customer agrees to pay to DirectCash or DCBank all relevant service charges (including all transactions imposed by others in connection with the use of Prepaid Card). Without limitation, fees may be charged for Prepaid Card issuance, Prepaid Card loading and reloading, monthly maintenance, transaction fees, ATM fees, Prepaid Card replacement, de-activation, re-activation, Prepaid Card statements, and any other fees published as described herein. DirectCash and DCBank may establish loyalty programs or rewards apply to the Prepaid Card from time to time. Please see the Current Fees & Program Details Table [attached] for the current amount of DirectCash's and DCBank's common fees, service charges and any applicable loyalty programs or rewards. Fees, service charges, loyalty programs and rewards may be added, discontinued or changed by DirectCash and DCBank from time to time by posting notice on the DirectCash website (see above) and such additions, discontinuations and changes will become effective 10 days after publication thereon (the "Effective Date"), whether or not the Customer has actually received such notice. By use of the Prepaid Card after the Effective Date, the Customer agrees to the additions, discontinuations and changes to the fees, services charges, loyalty programs and rewards.
20. Prepaid Card to be Used for Legal Purposes Only. The Customer will not use the Prepaid Card for illegal, fraudulent or defamatory purposes or take any steps which could undermine the security or integrity of any credit card network, banking network, financial institution or the systems of DirectCash or DCBank.
21. Dormant Prepaid Card. The Customer acknowledges and agrees that DirectCash and DCBank may deactivate the Prepaid Card if no advance/funds transfer has been authorized using the Prepaid Card for a 12 month period. Upon deactivation of the Prepaid Card pursuant to this provision, the Customer's ability to carry out transactions using the Prepaid Card will be suspended. Upon receipt of satisfactory identification and payment of applicable service fees, DirectCash will issue to the Customer a replacement Prepaid Card (or may reactivate the old Prepaid Card if the Customer still has it) with an Advance Limit equal to the limit of the old Prepaid Card at the time of its deactivation less any applicable service charges incurred in the interim. The current monthly service charge to be applied against Prepaid Cards is set out in the Fee Table.
22. Liability. DirectCash and DCBank will not be liable for any damages (including special indirect or consequential damages) resulting from any failure, error, malfunction or inaccessibility of any ATM, Debit Card Terminal or Credit Card Terminal or any failure, error or delay in providing any ATM cash advances or completing other transactions with the Prepaid Card even if DirectCash or DCBank knew that damage was likely or the damage was a result of DirectCash's or DCBank's negligence or the negligence of their employees, agents or representatives.
DirectCash and DCBank shall not in any way be liable for any accident, act of aggression, theft, loss or damage the Customer may suffer while using the Prepaid Card. The Customer is responsible for any errors which result from the Customer having incorrectly selected the dollar amount or other information required for operation of the services related to the Prepaid Card.
The Customer agrees to pay DirectCash and DCBank for any cost to recover amounts that the Customer owes to DirectCash or DCBank. These costs include legal fees on a solicitor and his own client basis as well as those reasonable counsel fees charged by DirectCash's legal and collections department. If the Customer fails to pay DirectCash's and DCBank's costs, DirectCash and DCBank may direct funds available under any Advance Limit to the payment of such costs.
23. Dispute Resolution. DirectCash's and DCBank's transaction records shall be conclusive proof of the transactions carried out using the Prepaid Card. Subject to Section 17 (record correction) the Customer will be deemed to have approved all transactions authorized using the Prepaid Card.
There are various methods available to the Customer to report errors or to notify DCBank when the Customer disputes a transaction. There are also various government agencies which oversee chartered banks in Canada and which may be contacted if a Customer is not satisfied with the outcome when a dispute or error is brought to DCBank's attention. These methods (and the expected time frame to address complaints) and the contact information for the applicable government agencies is set out in the "Dispute Resolution Policy" available for download at DCBank's web site (http://www.dcbank.ca ).
24. Notice & Communication. DirectCash or DCBank may effect notice to the Customer specifically by regular mail postage prepaid to the street mailing address or email address last provided by the Customer to DirectCash. Alternatively, DirectCash or DCBank may effect notice to the Customer as part of a class of cardholders by posting notice on the DirectCash (or DCBank) website. Notice will be deemed to be received by the Customer (a) 10 days after mailing to a street mailing address, or (b) the next business day after electronic email or (c) 10 days after posting on the DirectCash or DCBank web site. The Customer may notify DirectCash and DCBank by regular mail, fax or by delivering notice to DirectCash or and DCBank at the DirectCash website (other than notification of a lost or stolen Prepaid Card, which may only be done by telephone as set out above). Such notice to DirectCash or and DCBank will be deemed to be received: (a) on the next business day after electronic mail through the DirectCash website, (b) on the next business day after successful sending of a fax to DirectCash, or (c) on the next business day after actual receipt by DirectCash or DCBank of mail sent to DirectCash's Calgary, Alberta head office street address.
Any Electronic Communication between the Customer and DirectCash or DCBank will take place according to the provisions of this Section. The term "Electronic Communication" means any communication of instructions by telephone, wire or other method of telecommunication or electronic transmission, including a facsimile transmission or personal computer. DirectCash and DCBank will consider any Electronic Communication apparently received from the Customer or in the Customer's name to be duly authorized by the Customer. The Customer authorizes DirectCash and DCBank to rely and act on any such communication. If the communication is by facsimile transmission, DirectCash and DCBank will be entitled to act upon any signature purporting to be Customer's signature. If DirectCash or DCBank tries to verify Customer's signature on a facsimile transmission or the validity of any instructions Electronically Communicated (though DirectCash and DCBank are not obligated to do so) and is unable to do so to DirectCash's or DCBank's satisfaction, DirectCash and DCBank may delay in acting on or refuse to act on such instructions.
DirectCash or DCBank may, at the Customer's request, forward to the Customer copies of any statements, instruments or other documents by facsimile or other electronic transmission to the number or address provided by Customer from time to time.
For mutual protection, DirectCash and DCBank may record all telephone calls that relate to the use of or include instructions relating to the use of the Prepaid Card.
The Customer agrees that DirectCash's and DCBank's records regarding any electronic communication will be admissible in any legal, administrative or other proceedings as if such records were original written documents. DirectCash's and DCBank's records will be conclusive proof of the information contained in such electronic communications.
25. Amendment to Agreement. DirectCash and DCBank may change the provisions of this Agreement and the service charges from time to time. DirectCash will notify the Customer of any changes by:
(a) sending the Customer notice at the last street mailing address or email address notified by the Customer to DirectCash for the purposes of this Agreement ; or
(b) posting a notice on DirectCash's web site.
If DirectCash mails a notice to a street address, it will be considered to have been received by the Customer 10 days after DirectCash deposits it in the mail. If DirectCash emails a notice it will be considered to have been received by the Customer 1 day after the email is sent. If the Customer uses the Prepaid Card after DirectCash (a) sends a notice of a change by regular mail or email, or (b) posts a notice on DirectCash's website (which has been posted for at least 10 days), the Customer is deemed to have accepted the change.
26. No Assignment. This Agreement is not assignable by the Customer. The Prepaid Card is provided to the Customer only. The Customer may not sell, assign, transfer or lend the Prepaid Card to others.
27. Credit Check - Identity Validation. Prior to the issuance of a Prepaid Card to the Customer, DirectCash may validate the Customer's identity of credit reporting agencies, such as TransUnion or Equifax. Such identity validation process does not constitute a credit check as it does not allow DirectCash to access the Customer's personal credit history or other personal information not required for identity validation. Moreover, DirectCash’s identity validation process will not impact the Customer's credit reporting score or be visible to other creditors. DirectCash’s identity validation process is made visible only to the Customer if the Customer requests a copy of the Customer's personal credit report from the credit reporting agency.
28. Privacy Protection. DirectCash and DCBank shall have the right to establish files on the Customer based upon information provided by the Customer in this Prepaid Card Agreement and in connection with the Customer's application for a Prepaid Card. Further, DirectCash and DCBank will obtain information regarding when and where the Customer uses the Prepaid Card and when and where additional amounts are added to the advance limits of the Prepaid Card. All personal information collected is referred to as "Personal Information". Within DirectCash, DCBank and their affiliate organizations the following categories of personnel shall have the ability to access Personal Information: executive officers, call centre employees, members of the Prepaid Card operations, legal and technology departments ("Prepaid Card Personnel"). Personal Information will also be available to other financial institutions and other outside service providers ("Outside Service Providers") involved in providing the Customer with the services associated with the Prepaid Card. DirectCash, DCBank and the Service Providers shall use Personal Information for the purpose of providing Prepaid Card Services to the Customer and to meet the requirements of applicable law (including the rules and regulations of any applicable banking network or credit card network accessible with a Prepaid Card). Furthermore, paper file records containing Personal Information may be kept at DirectCash's or DCBank's head office premises. DirectCash's privacy code "DirectCash Protecting Your Privacy" applies to how DirectCash collects, uses and distributes Customer Personal Information (the "DirectCash Privacy Code"). DCBank's privacy code "Privacy Code" applies to how DCBank collects, uses and distributes Customer's Personal Information (the "DCBank Privacy Code"). In the DirectCash Privacy Code and DCBank Privacy Code it is explained why DirectCash and DCBank collect personal information, what information DirectCash and DCBank collect, how DirectCash and DCBank protect Personal Information, when DirectCash and DCBank release Personal Information and how the Customer can view, check and correct DirectCash's and DCBank's information regarding the Customer if needed. A copy of the DirectCash Privacy Code and DCBank Privacy Codes are available by contacting DirectCash and DCBank or downloading them from DirectCash's or DCBank's web site. By executing this Agreement the Customer consents to the collection, use and disclosure of the Customer's Personal Information as provided for in this Agreement and as outlined in the DirectCash Privacy Code and DCBank Privacy Code.
29. Discontinuance of Service. If for any reason DirectCash and DCBank cease to provide Prepaid Card services and as a result the Prepaid Card is deactivated while the Customer still has a positive Advance Limit authorized for the Prepaid Card, then DirectCash will either (a) arrange for a new Prepaid Card issued by a different Prepaid Card supplier to be issued to the Customer (subject to compliance with the supplier's card issuance requirements) or (b) advance a cash (or cheque) payment to the Customer for the remaining amount of the Advance Limit (subject to receipt of identification and return of the old card).
30. Cancellation of Prepaid Card. The Customer may at any time surrender the Prepaid Card to DirectCash or DCBank and DCBank shall reimburse the Customer in cash any outstanding Advance Limit remaining on the Prepaid Card less any outstanding fees. Alternatively, the Customer may call DirectCash's toll free number and cancel the Prepaid Card and a cheque will be mailed to the Customer within 60 days. DirectCash or DCBank may cancel the Prepaid Card at any time, at which time the Customer will immediately return the Prepaid Card to DirectCash or as DirectCash directs. DCBank or DCBank's agent shall reimburse the Customer any outstanding balance remaining on the Prepaid Card less outstanding fees. If there is not a sufficient balance on the Prepaid Card to pay monthly maintenance fees, DirectCash may de-activate the Prepaid Card without notice. The Customer may be required to pay a re-activation fee thereafter to use the Prepaid Card. This Agreement as a whole will not terminate except upon the written agreement of both DirectCash and the Customer.
31. Termination of This Agreement. This Agreement will not terminate except upon the written agreement of both DirectCash and the Customer.
32. Quebec Use of English Language. The parties have required that this document be drawn up in English. Les parties ont demandé que ce contrat soit rédigé uniquement en anglais.
33. Entire Agreement. This Agreement constitutes the entire agreement between DirectCash/DCBank and Customer related to the Prepaid Card and there are no other written or verbal agreements or representations.
The Customer acknowledges having read the entire agreement and accepts the terms and conditions attached.
DirectCash’s and DirectCash Bank’s acceptance of this agreement (if fully completed) shall be evidenced by the issuance of a Prepaid MasterCard to Customer and the activation of that Prepaid Card for use by Customer.Customer acknowledges that the Account Agreement Terms include provisions whereby DCBank may change the terms and that the Account Agreement Terms set out the means by which DCBank may notify Customer of these changes.
Prior to the issuance of a Prepaid Card to the Customer, DirectCash may validate the Customer's identity of credit reporting agencies, such as TransUnion or Equifax. Such identity validation process does not constitute a credit check as it does not allow DirectCash to access the Customer's personal credit history or other personal information not required for identity validation. Moreover, DirectCash’s identity validation process will not impact the Customer's credit reporting score or be visible to other creditors. DirectCash’s identity validation process is made visible only to the Customer if the Customer requests a copy of the Customer's personal credit report from the credit reporting agency.