Agreement in Exchange for Reward by lkd16546

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									    CARDHOLDER AGREEMENT Scotiabank® Reward VISA* Card                                    b. You may not make pre-authorized regular payments through the use of your Card;           suspected loss, theft or unauthorized use of your Card. Our toll free number is
                                                                                          c. You may not use the Card at an Automated Banking Machine;                                1-866-466-8018. You agree that we may assume you have authorized all
THE CARDHOLDER SHOULD READ THIS AGREEMENT. THE CARD IS SUBJECT TO                         d. You may not add funds to the stored value balance of the Card as only the Card           transactions unless you tell us otherwise. If your Card is lost or stolen, you will not
FEES AS SET OUT IN THIS AGREEMENT, WHICH ARE SUBJECT TO CHANGE FROM                       Sponsor may do so; and                                                                      be liable for any unauthorized use. If you have previously authorized someone to use
TIME TO TIME. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS                       e. You may use your Card for online transactions and at unattended terminals,               your Card, and have subsequently withdrawn your authorization, you will continue to
AGREEMENT YOU MUST NOT ACCEPT OR USE THE CARD.                                            however, due to certain security features, we cannot guarantee your Card will be            be liable for all debts incurred by their use until they have been surrendered to the
                                                                                          accepted on every website or unattended terminal.                                           Bank.
The following terms and conditions of this Agreement govern the Scotiabank
Reward VISA card (the "Card") issued by The Bank of Nova Scotia. By requesting,           We are not liable to you for declining authorization for any particular transaction,        Termination
signing or using the Card, you agree to be bound by the terms and conditions of this      regardless of our reason.                                                                   We reserve the right to terminate this Agreement or cancel or suspend use of the
Agreement. You agree to the terms of the Scotiabank Group Privacy Agreement                                                                                                           Card immediately and without notice if we believe the Card has been or will be
which has been provided to you. A copy is also available at www.scotiabank.com.           Settling Disputes                                                                           misused or any of these terms and conditions are breached or violated by you.
“You” or “your” refer to any person who has received, accepted or used the Card and       If a dispute arises about a transaction which you authorized, you must settle it
is authorized to use it as provided in this Agreement. “We”, “us”, “our” and the          directly with the merchant or business involved. In addition, you may contact us            Changing this Agreement or the Services we Offer
“Bank” means The Bank of Nova Scotia. “Card Sponsor” refers to the organization           through any of the methods we offer, to discuss the transaction in question.
that has pre-paid the funds for the stored value balance on the Card.                                                                                                                 We can change this Agreement or the services that are available, but we will give you
                                                                                                                                                                                      notice in writing before we do so. We consider that we have given you notice in
                                                                                          If you are entitled to a refund for any reason relating to a Card transaction, you agree    writing about anything under this Agreement when we send you the information by
The Card is a non-reloadable, pre-paid, stored value VISA card that is limited in use     to accept the refund under the policy of the specific merchant with whom the original
to the funds pre-paid on the Card by the Card Sponsor. Only the Card Sponsor may                                                                                                      fax transmission, regular mail, email or hand deliver it, to the last address you gave
                                                                                          purchase was made. Refunds may be in the form of a credit to your Card, cash                us in writing or by any other means that we permit. When we send notice to the last
add funds to the stored value Card. You may only access the stored value balance on       refund or in-store credit at the discretion of the merchant. Refunds in the form of a
the Card in accordance with the terms and conditions of this Agreement. You may                                                                                                       address we have on file for you we consider you to have received the notice within 5
                                                                                          credit to your Card will take two (2) to three (3) days to appear on your stored value      days, if we send it by regular mail.
not make any deposit, withdrawal or conduct any other transaction with the Card or        balance.
the stored value on the Card except for the Card transactions described in the terms
and conditions of this Agreement. We may assign any of our rights and obligations                                                                                                     Our Liability
                                                                                          Stored Value Balance and Activity Information
under this Agreement to any other person or business, subject to such party                                                                                                           You agree that we and our agents and the Card Sponsor will not be liable for any
assuming our obligations under this Agreement.                                            You will not receive regular statements with respect to your Card. You will be              loss, expenses or damages:
                                                                                          responsible for keeping track of transactions on the Card and ensuring that                 (1) If, through no fault of ours, you do not have enough money stored on your Card
Issuance of the Card                                                                      transactions do not exceed your available stored value balance. You can review your         to make the transaction.
                                                                                          available stored value balance and transaction history through the website                  (2) If the terminal or system was not working properly.
The Card is the property of the Bank and must be returned to the Bank upon request.       www.myberkeleycard.com by entering your applicable security password as
The Card, the stored value balance and any record relating to the Card are not related                                                                                                (3) We are prohibited by law from completing the transaction.
                                                                                          referenced in the card materials provided. You may also call the Customer Service           (4) If circumstances beyond our control (such as fire or flood) prevent the Card
to or connected in any way with any bank account or other deposit held by the Bank,       Number anytime, 24 hours a day, seven days a week at 1-866-466-8018. You can
nor does it constitute evidence of indebtedness or liability of the Bank to you, except                                                                                               transaction, despite reasonable precautions that we have taken.
                                                                                          check your stored value balance and the last five (5) transactions applied to your
to honour transactions initiated with the Card as provided in this Agreement. There       Card by using our automated system or by speaking directly with a live agent to
is no interest payable to you on any stored value balance on the Card.                                                                                                                We, our agents and/or the Card Sponsor will not be liable for any claims whatsoever,
                                                                                          check all transactions applied to your Card. Fees may be charged as outlined in the         including without limitation, claims for personal injury, death, damage to property or
                                                                                          Cardholder Fees section of this Agreement.                                                  economic loss, howsoever caused, arising from the use of the Card, negligence on
Using the Card
                                                                                                                                                                                      our part, breach of contract or any other tort or cause of action at common law, in
You may use your Card only in the manner and for the purposes described in this           We are not responsible for any loss or damages you may incur if a third party obtains       equity or by statute in relation to the use or operations of the card. We, our agents
Agreement. Use of the Card is limited to the stored value balance of the Card from        access to your confidential information transmitted over the Internet or if you are         and the Card Sponsor will not be liable under any circumstances for any indirect,
time to time. The Card may be used to purchase goods and services at merchants            temporarily unable to access your stored value balance information on the website           special punitive or consequential losses.
that accept VISA cards as a form of payment. You may not draw on the stored value         www.myberkeleycard.com.
balance of the Card through the use of cheques. Please note that this card does not                                                                                                   Disclaimer
allow cash advances from any bank.                                                        Cardholder Fees
                                                                                                                                                                                      While every effort will be made to ensure all information sources provide correct
                                                                                          We will charge the following fees to your Card as outlined below:                           information relating to the Card and your stored value balance, we rely on many
The Card is for your use alone and expires on the date printed on the front of the        a. Replacement of a lost or stolen Card: $20.00 per replacement card
Card. The use of your Card to purchase goods and services from merchants                                                                                                              information sources, some of which are outside our control, and we will not be held
                                                                                          b. Expiry fee: If there is a Balance when the Card expires or is cancelled, a charge will   liable or responsible for the accuracy of information from such sources.
constitutes a simultaneous debit from and/or demand upon the available stored             be applied equal to the balance on the card.
value balance on your Card. For each transaction, the amount of the transaction and       c. IVR Call Fee: No Charge for the first call. A $.50 charge will apply for all
any fees will be debited immediately from the stored value balance and will reduce                                                                                                    Contact
                                                                                          subsequent calls.
such available stored value balance. Each transaction will usually require                d. Customer service call with a live agent: A $2.00 charge will apply for all calls.        You may contact us toll free 1-866-466-8018, 24 hours a day, 7 days a week, or write
authorization or validation before completion. You acknowledge that once a                e. Viewing online stored value balance and transaction history: No charge                   to: Cardholder Services, P.O. Box 603 STN C, Toronto, ON M6J 3R9. We will try to
transaction is authorized, whether or not you have received the goods or services at                                                                                                  resolve any problems as quickly as possible and in accordance with our established
the time of authorization, your stored value balance will decrease by the amount of       Foreign Currency Transactions                                                               complaints policy. For any questions relating to the Scotiabank Reward VISA card
such authorization.                                                                                                                                                                   program, please contact Berkeley Payment Solutions at 1-888-642-2881 or email
                                                                                          The stored value balance on the Card is in Canadian currency. Debit and credit              info@berkeleypayment.com.
You are responsible for all authorized transactions initiated by the use of your Card     vouchers issued in a foreign currency will be converted and posted to your account
and for all losses as set out in the Agreement. If a negative stored value balance is     in Canadian currency. Debit or credit vouchers in a foreign currency are charged or         Language
created in error on your Card following any transaction initiated or authorized by        credited to your account at the exchange rate determined by Visa International on
                                                                                          our behalf. This exchange rate may be different from the exchange rate in effect on         The parties have requested that this Agreement and all documents related to it be
you, you agree to repay the amount of the negative stored value balance to us within                                                                                                  drawn up in English. Les parties conviennent et exigent expressément que ce contrat
ten (10) days of such transaction.                                                        the transaction date. This rate includes an amount equal to 2.5% of the converted
                                                                                          amount, applied to both debit and credit transactions.                                      et tous documents émis en vertu de celui-ci soient rédigés en anglais.
Other restrictions to the Card are:                                                                                                                                                    TM Trademarks of the Bank of Nova Scotia. ® Registered trademarks of the Bank
                                                                                          Your Liability for Unauthorized Use or Lost and Stolen Cards
a. You may not use your Card for any illegal purpose or transaction and any such                                                                                                               of Nova Scotia. * VISA Int./Lic. User The Bank of Nova Scotia.
transaction may be declined;                                                              You will inform us immediately by telephone and in writing about any actual or

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