PREPAID CARD CARDHOLDER AGREEMENT

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: Your Card is issued by Farm Boy 2012 Inc. (“Farm Boy”).

CARD INFORMATION AND BALANCE: : To verify the balance of funds on the Prepaid Card or for inquiries into these terms and conditions or for other card information visit any Farm Boy store or www.farmboy.ca.

SPLIT TENDER TRANSACTION: If you do not have enough funds available on your Card to cover the entire transaction amount, Farm Boy will support a “split tender transaction” where you can instruct the cashier to charge a part of the purchase to the Card and pay the remaining amount with an alternative payment method.

CARD RESTRICTIONS: The Card represents an amount that has been prepaid in Canadian Dollars. The Card can be used only to purchase goods and services at Farm Boy ™ stores in Canada. The Card is not reloadable, not refundable or redeemable or exchangeable for cash, and may not be used to make withdrawals or at ATMs. The Card may be deactivated at any time if fraud is suspected. The Card cannot be used for payments on a credit account or to purchase a new gift card.

NO EXPIRY; CARD PLASTIC ‘VALID THRU’ DATE: Your right to use the funds loaded onto the Card does not expire.

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 contacting fbmail@farmboy.ca. 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, and 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. Up to a $5.00 card replacement fee may be charged to replace lost, stolen or damaged Card.

Card funds are not insured by the Canadian Deposit Insurance Corporation (CDIC).

DEFINITIONS “Agreement” means the terms and conditions set out in this Cardholder Agreement, which govern your use of the Card. The terms “Card” and “Prepaid Card”, or in lieu of a Card, the Gift Card” mean the Prepaid Card issued by Farm Boy. 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. “Transaction Amount” means the amount that is debited from the Balance in connection with your use of the Card, which amount includes only the amount of the Balance to be transferred to complete the transaction. “We”, “us” and “our” mean Farm Boy. “You”, “your” and “yours”, each means the Cardholder. The “Website” means www.farmboy.ca.

THE PREPAID CARD The Card is a stored-value, prepaid card that is the property of Farm Boy and is subject to the terms of this Agreement. The Card is not a credit card, charge card, or debit card. 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, but are strictly limited to the right to use the Card in accordance with this Agreement as payment for goods and services from Farm Boy.

AVAILABLE BALANCE Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction including any applicable HST. 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.

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.

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. You may wish to retain the receipt (received at the time of such purchase) as a record of the transaction. As you use the Card, the Card’s Balance will be reduced by the full amount of each purchase including taxes, if any. 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.

You agree that we are not required to verify your authorization to use the Card in connection with a transaction 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 particular transaction, regardless of our reason.

Use of the Card for the purchase of items being sold in Farm Boy stores by licensees and subtenants operating with in the store (for example, third party coffee vendors) may be prohibited, even if such items are purchased at a Farm Boy cashier.

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 please visit any Farm Boy store in Canada. Your Card Balance will reflect all transactions that have been posted to our system.

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.

REFUNDS 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.

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 at any Farm Boy store. No refunds will be honoured unless (a) the Card is returned, and (b) you provide your name and mailing address with the returned Card.

AMENDMENT TO AGREEMENT Subject to the provisions of applicable Law, Farm Boy may amend this Agreement by posting changes to this Agreement or a replacement form of Agreement at www.farmboy.ca. You will be deemed to accept and be bound by the amendment upon use of the Card following the effective date of the amendment. 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.

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.

NOTICE OF DATA PROTECTION AND PRIVACY POLICY Farm Boy may obtain personal information (“Cardholder Information”) about you, including information (i) such as your name and/or your address, (ii) provided by you contacting customer service (see CONTACT INFORMATION section of the Agreement), and (iii) about purchases you made with the Card, such as the date of the purchase, the amount and the place of purchase. Farm Boy maintains physical, electronic, and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.

Disclosure: We may use Cardholder Information to process Card transactions, to process claims for lost or stolen Cards, to help protect against fraud, and to conduct research and analysis with our Cardholders through mail, phone or email surveys. If you have provided your consent, we may use Cardholder Information for direct mail communications and/or emails about upcoming promotions and offers. Farm Boy may provide certain Cardholder Information to others as permitted by law, such as to government entities or other third parties in response to subpoenas.

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 heirs, 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 the Website.

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 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. In no event will we be liable to you for any amount in excess of your card balance at the time of the event in respect of which the damages arose.

GOVERNING LAW This Agreement will be governed by the laws of Ontario and the laws of Canada applicable in it.

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 contact Customer Service at fbmail@farmboy.ca or write to: Prepaid Card Customer Service, 1427 Ogilvie Road, 2nd Floor, Ottawa, Ontario, K1J 8M7. For the most recent version of the Cardholder Agreement or Terms and Conditions of this agreement, please visit: www.farmboy.ca.

 

 

 


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