AYA CARE PREPAID VISA® CARDHOLDER AGREEMENT
Please read this Agreement carefully and retain a copy for your records.
| Limits Maximum Card Balance $30,000.00 Maximum daily spend at point-of-sale $10,000.00 Maximum number of point-of-sale- transactions / day100 |
The following terms and conditions govern your use of the Aya Care Prepaid Visa. By activating, signing or using the Aya Care Prepaid Visa Card(s), you are agreeing to these terms and conditions (this “Agreement“), and this Agreement shall be effective as of the date of such activation, signature or use (whichever is earliest).
The Card (as defined below) is issued by Digital Commerce Bank. At Aya Payment Inc.’s request, Digital Commerce Bank issues Cards to Group Benefit Plan (as defined below) members, loads and removes funds from Cards in accordance with instructions received from Aya Payments Inc., and processes transactions made with the Cards, but has no responsibility for or liability to you or any person with respect to the Group Benefits Plan, the Aya HSA (as defined below) or the Aya WSA (as defined below).
1. DEFINITIONS
The term “Card” refers to the Aya Care Prepaid Visa Card(s) issued to a plan member under the Aya Care Health and Wellness Account program administered by Aya Payments Inc. (the “Group Benefit Plan“). The “Aya HSA” means the Aya Care health spending account that Authorized Employees can use to pay for non-taxable Eligible Health Services. The “Aya WSA” means the Aya Care wellness spending account that Authorized Employees can use to pay for taxable Eligible Health Services. Together, Aya HSA and Aya WSA make up the “Aya Care Plan“.
The value of the funds loaded onto the Card and available for spending in accordance with the terms of the Group Benefit Plan is referred to herein as the initial “Funds Available“. “Cardholder” means an individual who activates, receives and/or uses the Card. “Transaction Amount” means the amount that is debited from the Funds Available in connection with use of the Card. “DCBank” means Digital Commerce Bank, the issuer of the Card. “Provider” means Aya Payments Inc., “Visa” means Visa International Incorporated, and its successors and assigns. “We,” “us,” and “our” means DCBank and Provider. “You“, “your” and “yours” each mean the Cardholder. “Eligible Health Service” refers to expenses as described under the Group Benefit Plan.
2. THE CARD AND FUNDS
The Card is a Visa-branded payment card that can be used at designated merchants, including mail order, online and point-of- sale retail merchants, subject to the terms of this Agreement. The Card is being provided exclusively to facilitate the use of Provider’s funds to pay for Eligible Health Service in connection with your Aya Care Plan under your Group Benefit Plan. The Visa logo is featured on your Card and will be imprinted along with DCBank’s name. The Card cannot be used at ATMs and cannot be exchanged or used for cash. The Card is not a credit card, charge card, debit card, or gift 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 Funds Available. Neither the Card nor the Funds Available is a deposit account, and the Funds Available on your Card are not insured by the Canada Deposit Insurance Corporation (CDIC) or any other federal or provincial agency. For greater certainty, you are strictly limited to the right to use the Card in accordance with this Agreement as payment for an Eligible Health Service from designated merchants who accept Visa, and you shall have no right to write cheques on or demand repayment of the outstanding Funds Available on the Card.
You acknowledge that, pursuant to your Benefit Plan, on certain dates in each year, funds may be added to your Aya Care Plan by Provider, or unused funds in your Aya Care Plan may expire. You further acknowledge and agree that Provider may instruct DCBank to load or remove funds to or from the Card in its sole discretion, and in accordance with the terms of your Group Benefit Plan, generally to reflect the balance of your Aya Care Plan. For greater certainty, if DCBank removes funds from your Card as instructed by Provider in accordance with the terms of your Group Benefit Plan, your Funds Available will be reduced and your Card will no longer provide access to such removed funds. If you mistakenly receive an amount that belongs to us, a merchant or other party, you agree to reimburse us for any such error or allow us to correct such error by adjusting the amount of the Funds Available.
3. OWNERSHIP AND USE OF THE CARD
The Card belongs to DCBank and you cannot transfer it to anyone else without our consent. The Card is for your use alone and you must comply with the terms and conditions of this Agreement. You must return the Card immediately when DCBank requests it. The Card may not be used for any illegal transactions or purposes.
You are responsible for all transactions initiated by use of the Card and for all losses as set out under “Limitation of Liability” below. If you permit someone else to use the Card, you agree that we may refuse to authorize any transactions initiated by such person with the Card. However, if we authorize transactions by another person, we may treat such person as authorized by you to use the Card and you authorize us to debit the amount of such transactions from the Card.
To use the Card, you may simply present the Card at the time of payment, and sign the receipt with the same signature you used when you signed the Card. You must retain the receipt for twelve (12) months as a record of the transaction, and you must submit it to Provider upon request. As you use the Card, the Card’s Funds Available will be reduced by the full amount of each purchase
including taxes, charges and other fees, if any. The Card can be used to pay the full amount of the Eligible Health Service, so long as the Funds Available remaining on the Card is sufficient.
You agree that we are not required to verify the signature on any receipt prepared in connection with a transaction on your Card and we may authorize and process a transaction even if the signature on the receipt is different from the signature on your Card. You do not have the right to stop the payment of any transaction you conduct with the Card. You may not make pre-authorized regular payments through the use of your Card. We are not liable to you for declining authorization for any particular transaction, regardless of our reason.
4. ACTIVATING THE CARD
The Card has no value until it is (i) loaded with funds by DCBank as instructed by Provider, (ii) activated per the instructions on the Card; and (ii) signed by You or another authorized user on the back of the Card, where indicated. We recommend that you activate your card immediately and write down the Customer Service phone number shown on the back of your Card on a separate piece of paper in case the Card is lost or stolen.
5. INFORMATION ABOUT FUNDS AVAILABLE
You should keep track of the Funds Available remaining on your Card. To obtain the current balance of Funds Available and information about previous transactions, log on to www.ayacare.com or call the Customer Service number provided on the back of your Card. Your Funds Available will reflect all transactions that have been posted to our system and will reflect amounts added to or removed from your Card as instructed by the Provider. If you have a question or a problem about a posted transaction (for example, a transaction that appears to be a duplicate transaction) you must notify Customer Service immediately and no later than thirty (30) days from the date of the transaction or you will be deemed to have accepted such posted transaction. You must tell Customer Service your Card number, plan number, ID number, the date and dollar amount of the error, and any other information that may be requested by us, and explain as clearly as possible why you believe there is an error. If we ask you to put your dispute in writing, you agree to do so within five (5) business days. We will investigate and will notify you of the results of our investigation within sixty (60) business days.
6. EXPIRY DATE
Please note that the Card has an expiry date (marked “Exp.”) imprinted on the face of the Card. The Card will be valid and usable until the expiry date associated with the Card. When the Card expires, we may automatically send you a replacement card to you.
7. TRANSACTIONS IN EXCESS OF REMAINING FUNDS AVAILABLE
It is your responsibility to keep track of your spending on the Card. If you attempt to use the Card when there are insufficient Funds Available to cover the full Transaction Amount, the transaction will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite an insufficient Funds Available 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 Funds Available.
8. NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE
From time to time Card services may be inoperative, and you may be unable to use your Card or obtain information about your Funds Available. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.
9. PROTECTION AGAINST LOSS, THEFT, OR UNAUTHORIZED USE
You agree to protect your Card against loss, theft, or unauthorized use by taking all reasonable precautions. If your Card has been lost or stolen or if you have reason to believe that someone has made an unauthorized transaction with your Card or may attempt to use your Card without your permission, you agree to notify us IMMEDIATELY by calling the Customer Service phone number. All transactions conducted prior to such notification will be deemed to have been authorized by you. You will be asked to provide us with your name, Card number, Group Benefit Plan number, ID number and any other information that may be requested by us. We cannot re-issue a Card if you cannot provide the information as requested by us. If our records show that Funds Available remain on the Card, we will cancel the Card and make such Funds Available to you on a re-issued Card. The Card may be deactivated at any time if fraud is suspected. 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.
10. PURCHASE DISPUTES AND REFUNDS
If there is any dispute in regard to purchases you make using the Card, you agree to settle such disputes with the merchant from whom the purchase was made. We are not responsible for any problems that you may have with any goods or services that you purchase with your Card, whether with regard to quality, safety, legality, or any other aspect of your purchase. If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Funds Available on your Card in place of cash.
11. PRIVACY POLICY
We recognize and respect the importance of privacy. Personal information that we collect will be used for the purposes of managing your Card and administering the Group Benefit Plan. For a copy of DCBank’s privacy guidelines, or if you have questions about the personal information policies and practices of DCBank (including with respect to service providers), contact DCBank at 1- 844-836-6040 or refer to https://www.dcbank.ca/legal/privacy-policy/. For a copy of Provider’s privacy guidelines, or if you have questions about the personal information policies and practices of Provider (including with respect to service providers), contact Provider at 1-855-427-6682 or refer to https://ayacare.com/privacy-policy/.
Use of the Card authorizes the use and exchange of personal information by us with each other, the Group Benefit Plan member, pharmacies and other healthcare providers, the plan administrator, other insurers or reinsurers, administrators of government or other benefit programs, and other organizations and service providers when necessary, located within or outside Canada, to assess and manage use of your Card and to administer the Group Benefit Plan. Your personal information may be subject to disclosure to those authorized under applicable law within or outside Canada.
12. CHANGE OF TERMS
Subject to the limitations of applicable law, we may at any time change or remove any of the terms and conditions of, or add new terms or conditions to, this Agreement. As of the effective date included in any notice, the changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. 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. We may, in our sole discretion, cancel or suspend this Agreement or any features or services of the Card at any time, with or without cause, and without prior notice to you.
13. ASSIGNMENT AND WAIVER
At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. This Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns. In the event we reimburse you for a refund claim you have made or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Card. You agree that you will not pursue any claim against or reimbursement from such third party for the amount that we paid or credited to your Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future.
14. 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.
15. LIMITATION OF LIABILITY
You agree that we will not be liable to you for any loss, damages or expenses whatsoever due to:
- any of your instructions not being sufficiently clear;
- any failure by you to provide correct information;
- any failure due to events outside our reasonable control, including the failure, error, malfunction or technical problems related to systems or equipment;
- any system failure or industrial dispute;
- any problem you have with a merchant, including a merchant’s refusal to accept our Card or to provide a good or a product;
- any problem, failure, or any other matter relating to any third party service providers (i.e., parties other than DCBank and Provider);
- the lack of suitability or quality of any goods or services purchased from retailers through the use of the Card;
- our taking of any action required by any government under federal or provincial law or court order;
- anything specifically excluded or limited elsewhere in this Agreement; or
- any breach or violation of this Agreement by you. 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. Aya Care Cardholder Agreement
October 2023 4
We will not be liable for any claims whatsoever, including claims for personal injury, death, damage to property or economic loss, howsoever caused, arising from the use of the Card, negligence on our part, breach of contract or any other tort or cause of action at common law, in equity or by statute.
You agree that our aggregate liability to you in respect of all causes of action arising under this Agreement or in connection with a Card shall be limited to $100.
With respect to any action or claim related, directly or indirectly, to a complaint or inquiry, you agree that joinder or consolidation of any action with the action or actions of any other persons is not permitted and you will not request and will oppose any such joinder or consolidation. Furthermore, you agree not to commence or participate in any class action either as a representative plaintiff or as a member of a plaintiff if the class action involves directly or indirectly any complaint or inquiry arising out of or related to this Agreement.
Information sent over the internet may not be completely secure and the Internet and related online systems may not function at all times. Accordingly, we are not responsible for any loss or damages that you may incur if a third party obtains access to your confidential information transmitted over the Internet or if you are temporarily unable to access your information pertaining to the Funds Available.
16. OTHER TERMS
16.1 GOVERNING LAW
This Agreement will be governed by the laws of the province of Alberta and the applicable laws of Canada. The parties submit to the exclusive jurisdiction of the courts of Alberta in relation to any dispute arising out of this Agreement.
16.2 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.
16.3 SECTION HEADINGS
Section headings in this Agreement are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement.
16.4 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.
16.5 CONTACT INFORMATION
If you have questions regarding the Card, or need to report a lost or stolen Card, you may call Customer Service at the phone number on the back of the Card.
17. COMPLAINTS
If you have a complaint or inquiry about any aspect of a Card, please call a Customer Service Representative toll-free at the number listed on the first page of this Agreement. You may also call a DCBank customer service representative at the DCBank Customer Service number listed on the first page of this Agreement.
If you have a complaint, we encourage you to let us know and give us the opportunity to resolve the issue. A copy of DCBank’s complaint and dispute resolution procedure is available on the DCBank website and can be directly accessed here: https://www.dcbank.ca/legal/resolving-complaints/. We will do our best to resolve your complaint or inquiry.
All banks must comply with a variety of federal consumer laws that protect you. The Financial Consumer Agency of Canada (“FCAC“) supervises all federally regulated financial institutions for compliance with federal consumer protection laws. The FCAC does not resolve individual customer complaints, but will determine whether we are in compliance. If you have a complaint about a potential violation of federal consumer protection laws, please contact us or you may contact the FCAC by mail at: 6th Floor, Enterprise Building 427 Laurier Avenue West, Ottawa, Ontario K1R 1B9, by phone at 1-866-461-3222 for service in English or 1-866-461-2232 for service in French or online at www.fcac-acfc.gc.ca.
Aya Care Cardholder Agreement
October 2023
