Tangerine Client Card Cardholder Agreement

Tangerine Client Card Cardholder Agreement effective October 22, 2021

1. Introduction

This Tangerine Client Card Cardholder Agreement (the "Agreement") sets out the Terms and Conditions that apply when you use your Tangerine Client Card. It replaces all earlier versions of the Agreement and it applies to any new or replacement Tangerine Client Card we may issue to you. In the case of a joint Account, each Cardholder is jointly and severally responsible to Tangerine for all of the obligations under this Agreement.

Activating, using or accepting the Card will confirm your acceptance of these Terms and Conditions.

2. Definitions

In this Agreement these are some key definitions you should know:

1. "you", "your" and "Cardholder" means each person whose name appears on the Tangerine Client Card (the "Card") or who is authorized to use the Card. For clarity, the Card may be represented as the physical card that we have issued to you or in an electronic or other form.

2. "Tangerine", "we" and "us" means Tangerine Bank.

3. “Authorization Credential” or “Electronic Signature” refers to each secret and confidential combination of numbers, symbols and/or letters selected by you, for your use, as a means of confirming your identity, authorizing transactions and accessing services, in conjunction with your unique number assigned to a Card (“Card Number”). Your Authorization Credentials include, but are not limited to, your PIN, biometric information such as fingerprints or facial features registered with biometric ID, and/or any other information, such as access codes, passwords, passcodes, and anything else we permit in the future which allow you to use the Card. Reference to Authorization Credentials throughout this Agreement refers to all Authorization Credentials that you have.

4. “Card Not Present Transaction” or “CNP” includes an online order, mail order, telephone order or in-app purchase transaction (including payments and other funds transfers such as refunds) using the Card and whereby you provide the Card Number, Card expiry date and/or CVV2 to the authorized merchant without the use of a Direct Payment Terminal.

5. “Card Verification Value” or “CVV2” means the three-digit code associated with the Card and which is typically found on the back of the Card, where applicable.

6. “Direct Payment” means payments (or other funds transfers, such as refunds) made with your Card using Interac® Debit, Visa* Debit, Interac Debit contactless payments or any other system we may designate from time to time to pay for goods or services using your Card at a Direct Payment Terminal.

7. “Direct Payment Terminal” means a point of sale terminal at which Direct Payments can be completed using your Card.

8. “PIN” means Personal Identification Number.

9. “Delayed Authorization Point-of-Service Debit” or “Delayed Authorization P O SPOS” means a transaction made using your Card at a delayed authorization point of sale terminal resulting in a debit being processed to your Account at a later time.

3. Service

Tangerine will permit you to use your Card and, where required, your authentication (PIN or other Authorized Credentials) to access your Tangerine Account(s) as follows:

1. Access will be provided to those types of banking, Savings and Chequing Accounts that Tangerine opens in your name and that Tangerine may permit you to access or otherwise use from time to time (the "Account(s)").

2. Permitted transactions will include those transactions that Tangerine may authorize or otherwise approve from time to time (the "Permitted Transaction(s)").

3. In addition to this Cardholder Agreement, Permitted Transactions using your Card will also be subject to the Terms of your other agreements with Tangerine that apply to the Account(s) accessed by your Card (the "Account Agreement(s)").

4. Tangerine may provide you with the ability to use your Card and PIN to access your Account(s) by any means that Tangerine permits from time to time including through: Direct Payment Terminals or other direct payment machines or card reading terminals that Tangerine approves for use from time to time ("Debit Terminal"), other transaction devices which Tangerine makes available to you for your use from time to time; Automated Banking Machines ("ABMs") which Tangerine approves for use from time to time; and any system in which you use your Card Number without presenting the Card which Tangerine approves for use from time to time (collectively, the "Service").

5. Tangerine may, allow you to add your Card to and use your Card on various third-party mobile wallet applications (a “Mobile Wallet”) including one that may be operated by Tangerine or offered through Tangerine. If you choose to add your Card to a Mobile Wallet, you will be bound by Tangerine’s terms for that Mobile Wallet that are established by Tangerine, up-to-date copies of which can be found and are made available to you on our website at tangerine.ca. In order to use a Mobile Wallet, you may also be required to agree to the terms and conditions (including any privacy policies or security requirements) of third parties, such as mobile wallet providers, your wireless carrier, and other third-party services or websites made available to you through a Mobile Wallet. Please read those terms and conditions of Tangerine and any third party provider carefully before adding your Card on the Mobile Wallet.

6. Interac Debit contactless payments (formerly Interac® Flash) are a feature of your Card that enables you to tap to pay for purchases up to $250 (or such other amount as may be set by Tangerine and merchants from time to time) or make other funds transfers (including refunds) at select merchants in Canada. By holding your Card over a Direct Payment Terminal that support contactless payments, you are able to transact without using your Electronic Signature. Transactions made using contactless payments access the same Account that is assigned to the ‘Chequing’ slot of your Card (the Account that’s linked to your Card when you select ‘Chequing’ at an ABM or merchant terminal). Please note that you may need to use your Electronic Signature from time to time, for example, if your purchase exceeds the contactless payments limits, or for certain "cashback" transactions.

7. Visa Debit is a feature available on your Card that allows you to use the Card and access your Card to transfer funds for purposes including: the payment of goods and services from your Account via online, in-app, by mail or telephone and at merchants located outside of Canada, paying directly from the Account(s) linked to your Card.

4. Use of Service and Service Charges

You agree to use the Service as set out in this Cardholder Agreement, your Account Terms and any Tangerine's instructions that are in effect and that are communicated to you by Tangerine. The Agreement, your Account Terms and Tangerine’s instructions may change from time to time, and Tangerine will provide notice (either in writing or on our website) of such changes.

In no event will you use the Card or Service for any illegal, fraudulent or defamatory purposes.

We may charge fees for the Card, Service or for Permitted Transactions using the Service. You authorize us to debit your Account(s) for these fees. A copy of Tangerine's current Fee Schedule, a current version of which is available at tangerine.ca/feeschedule and at the Tangerine Café. The Fee Schedule is subject to change with notice.

You understand that other financial institutions or third party operators may charge your Account a network and/or convenience fee for the use of a Service or for a Permitted Transaction. These fees will be automatically debited from your Account(s).

You also agree that Tangerine may impose daily limits on Permitted Transactions and on the amount that may be withdrawn using your Card (collectively the "Daily Limits"). Tangerine may change these Daily Limits at any time without notice to you. You can view your Daily Limits when you log in online.

Subject to the terms of this Agreement, Tangerine will process a Permitted Transaction at the time of the transaction. In accordance with our hold policy, as amended from time to time, Tangerine may place a hold on a Permitted Transaction pending its verification.

Tangerine may decline to accept or approve a transaction at any time. Tangerine may process a Permitted Transaction made on a weekend or holiday on the next banking day. Tangerine may process a Permitted Transaction in accordance with the terms of the Account Agreement(s) that apply to the transaction.

We have the right to block the use of any Card, prevent use of the Account, or decline or refuse any transaction for any reason at any time, including transactions connected to mobile and/or online gambling, without telling you in advance, including blocking the use of the Card or the Account in countries that are subject to government sanctions. You agree not to use the Card or the Account for any transaction that may be subject to sanctions under the United Nations Act, Special Economic Measures Act and/or Export and Import Permits Act.

1. Interac Debit contactless payments

   Further to Section 3 of this Agreement, this feature won’t be activated until you conduct a successful transaction using your Card and PIN at a Direct Payment Terminal. There is no charge to have the feature added, disabled or enabled on your Card. If your current Card has contactless payments enabled, any future replacement Cards will also have the feature enabled. You can have the contactless payments feature disabled (or re-enabled if previously disabled) on your Card by contacting us at 1-888-826-4374. Please note that if you request disabling this feature, any replacement Card issued after the request will also have the feature disabled.

2. Visa Debit

   For Cards that have Visa Debit functionality, Permitted Transactions will be processed through the Account linked to your Card. Visa Debit may be used for purchases or other funds transfers (including refunds) when shopping online, by mail or telephone or transactions made at merchants located outside of Canada.

   
   

   Most Permitted Transactions made by the Card with Visa Debit functionality go through a 2-step process: an immediate authorization, followed by a settlement, typically 2-3 business days later.

   
   

   Step 1 – Immediate Authorization: When you complete a Visa Debit purchase, whether it is a Direct Payment or a Card Not Present Transaction, it will appear in the pending transaction section in your online Account summary until it is posted to your Account. While the transaction is pending, we will place a hold on the Account for the amount of the pending transaction; and the available funds in your Account, rather than the Account balance itself, will be reduced by the amount of the pending transaction.

   
   

   Step 2 – Settlement: We’ll remove the hold from your Account and debit your Account by the final transaction amount when the subsequent Settlement transaction is processed (the “Settlement”). In the case that the applicable maximum duration of the hold has been reached, and no Settlement transaction has been processed, we will remove the hold from your Account and not debit the transaction amount. The maximum duration of the hold depends on the type of merchant as determined by the payment network:

   
   

   1. For travel & entertainment merchants (such as cruise line, lodging, vehicle rental, etc.), we may hold up to 31 calendar days, or;

   2. For non-travel & entertainment merchants, we may hold up to 7 calendar days.

   
   

   The transaction Settlement that we process after a transaction is authorized finalizes the purchase amount. On occasion, the Settlement reflects adjustments to the initial authorization amount submitted by the merchant. For example, merchants may need to adjust the authorization amount if one or more items in the original purchase are cancelled by you or unavailable for fulfillment by the merchant. The Account balance will be adjusted based on the final transaction Settlement amount submitted by the merchant.

   
   

   Where a merchant provides a refund to you, we will credit the designated Account with the refunded amount when the authorization of the refund is received. However, a hold will be placed on the Account for the credited amount until we process the Settlement. When the Settlement is processed, the Account balance will be increased by the refund amount accordingly.

5. Expiry Date

Your Tangerine Client Card has an expiry date. A new Card will be re-issued to you before the expiration date on the Card. You agree not to use your Card after its expiry date. However, if any transactions are posted to the Account after the expiry date, you are still responsible for that transaction.

6. Foreign Currency Transactions

For foreign currency transactions made without using Visa Debit functionality, a converted Canadian dollar amount will be deducted from your Account based on an exchange rate set by Tangerine on the date the Permitted Transaction is processed. This rate may differ from the rate in effect on the date of the Permitted Transaction.

For foreign currency transactions made using Visa Debit functionality, a converted Canadian dollar amount will be deducted from your Account based on an exchange rate set by the applicable payment network for your Card and determined on the Permitted Transaction date. Permitted Transactions in a foreign currency are subject to the Foreign Currency Conversion Fees, which will be added to the exchange rate and reflected in the converted Canadian dollar amount of the transaction. See your Fee Schedule for more details about the fees that apply to a foreign currency transaction made using Visa Debit functionality. A copy of our Fee Schedule is available at tangerine.ca/feeschedule, and is also available in print if requested.

Any amount incurred in a foreign currency on your Account may be converted into another currency (such as U.S. Dollars) before it is converted to Canadian Dollars and posted to your Account. Credits to the Account involving a foreign currency will also be converted directly to Canadian Dollars, or first to U.S. Dollars and then to Canadian Dollars, depending on the foreign currency as described above. Whether or not foreign currency will be converted directly to Canadian Dollars before being posted in your Account is determined by the payment network associated with your Card and is subject to change.

If you use your Card for a Permitted Transaction in a foreign currency and the store, retailer or merchant gives you a credit voucher (for example in the case of a refund), the two Permitted Transactions (the purchase and the refund) may not be the same because of exchange rate and currency fluctuations between the date of the purchase and the date of the refund. The foreign currency conversion fee may apply to both on the purchase made in a foreign currency and the refund received in a foreign currency.

We will not assume any risks associated with foreign currency exchange gains or losses from cross-currency conversions resulting from the use of your Card. Any gains made or losses incurred by you in connection with foreign currency Permitted Transactions because of currency rate fluctuations between the date the Permitted Transaction is posted and the date any subsequent credit is posted to the designated Account are your responsibility and shall be payable to you or by you (as the case may be).

The conversion rate shown on your Account Statement for a foreign currency transaction on your Account includes the applicable payment network’s exchange rate and the Foreign Currency Conversion Fee we charge you. The conversion rate shown only displays the first nine decimal places (following the decimal point), even though we use the more detailed calculation explained above to convert to Canadian dollars.

7. Access to Service

Tangerine may with or without notice to you:

1. withdraw permission to you to use all or any part of the Service, access any Account, or perform any Permitted Transaction; or

2. cancel or alter all or any part of the Service.

We are not responsible if you or any other person is unable to access or use the Card or Account at any time including for any loss or inconvenience that you or any person may incur as a result of the withdrawal or delay of Service.

8. Termination or Amendment of this Agreement

Tangerine may terminate this Agreement at any time without notice to you. You may terminate this Agreement by providing written notice to Tangerine. The Card provided to you is the property of Tangerine. You agree to destroy or return all Cards immediately to us, if you terminate this Agreement or upon request by Tangerine. You will be responsible for any use of the Card that has been authorized by you, even after termination of this Agreement. Termination of this Agreement shall not relieve you of your obligations under the Account Agreement(s).

This Agreement may be amended at any time by Tangerine. We'll notify you of any changes by either sending you notice (written or electronic) or posting a notice on our website. You can view a copy of the changes to the Agreement on our website. Using your Card or accepting, activating, or signing a new Card following the effective date of this notice will evidence that you have accepted the changes to the Agreement as of the effective date in the notice.

9. Confidentiality of Personal Identification Number

You are responsible for the care and control of your Card and PIN. Each PIN is for your exclusive use, and you must keep it absolutely confidential. Do not share this number with anyone else, including close family members and friends.

You must choose a Card PIN that is different from the PIN you use for internet and telephone access with Tangerine. When choosing a PIN, you will not choose an obvious PIN such as the following: your telephone number, address or birth date or those of a relative; your name or a close relative's name; a number that appears on any ID card you keep with or near your Card (such as a Social Insurance Number or driver's licence); a number that appears on the Card; or any other number which can be easily obtained or guessed by someone else.

Tangerine recommends that you memorize your PIN and do not keep a written record of your PIN. In no event will you keep a written record of your PIN on or in close proximity to the Card. If Tangerine sends you a PIN, you will destroy the document on which it is printed.

10. Lost or Stolen Card – Failure to Keep PIN Confidential

You must notify Tangerine immediately after you learn or suspect any of the following:

1. the loss, theft or misuse of your Card;

2. that your PIN was disclosed to, or obtained by, anyone else or may be known by anyone else; or

3. that unauthorized use of the Service may be occurring.

To report any of the above, please call Tangerine at 1-888-826-4374.

If you know, or suspect, that someone else knows your PIN, you must change it immediately.

11. Pre-Authorized Bill Payments

You are responsible for all pre-authorized bill payments charged to your Account, including those charged to the Account after the authorization ends or the Card or your Account has been cancelled or closed or this Agreement is terminated.

You must provide us with a copy of the written notice you sent to the merchant to cancel the pre-authorized bill payments if we request it. It is your responsibility to contact a merchant if you want to cancel any pre-authorized bill payments and then to check your Account Statement to ensure it has been cancelled. You are responsible for providing a merchant with adequate, correct and up-to-date information for any pre-authorized bill payments to be charged to your Account, including if your Card Number or Card expiry date changes. However, if you have established pre-authorized bill payments with a merchant and your Card Number or Card expiry date changes, you agree that we may, but we are not required to, provide that merchant with your new Card Number and/or Card expiry date using the updating service provided to us through the payment network associated with your Card. We are not liable if any pre-authorized bill payments cannot be posted to your Account for any reason. You must settle any dispute or liability you may have for the Permitted Transactions relating to those pre-authorized bill payments directly with the merchant involved.

12. Your Liability

You are liable for all authorized use of your Card. Authorized use includes, but is not limited to, authorizing another person to use your Card, any entry errors at a point of sale or Debit Terminal, and all fraudulent or worthless deposits you may make. In particular, you are liable for all debts, withdrawals, deposits, transactions, advances, other Account activity and losses resulting from:

1. All authorized Permitted Transactions (including Delayed Authorization Point-of-Service Debits), which means Permitted Transactions in which the Card, Card Number, or Authorization Credentials was used by you or by persons

   1. to whom you have made your Card, Card Number, or Authorization Credentials available; or

   2. whom you have allowed to access your mobile device through biometric ID; or

   3. who have registered their biometric information in your mobile device with your consent; or

   4. who received possession of your mobile device containing a Card in the mobile wallet with your consent;

2. Any error or fraudulent use of the Card, Card Number, or Authorization Credentials by you, or authorized by you, including any errors or fraudulent or worthless deposit or other transaction using the Card;

3. Failing to comply with your obligations to protect your Card, Card Number, or Authorization Credentials or if you did not otherwise take reasonable steps that could have prevented the loss;

4. Any other use of the Card, Card Number, or Authorization Credentials to which you have contributed and which is not otherwise exempted under a provision of this Agreement; and

5. Any other failure by you to comply with the terms of this Agreement.

You are also liable for the unauthorized use of your Card and PIN when you contribute to its unauthorized use. This includes the following circumstances:

1. you fail to notify Tangerine in accordance with section 10 of this Agreement;

2. you fail to keep your Authorization Credentials confidential in accordance with section 9 of this Agreement; or

3. you fail to cooperate with Tangerine in its investigation of the unauthorized use.

Your liability each day for such unauthorized use is limited to your total Daily Limits. Your liability may exceed the actual funds in your Account(s) if the Account has a line of credit and/or Overdraft Protection, is linked with other Accounts, or the Permitted Transaction is made based on a fraudulent or worthless deposit at a banking machine or Debit Terminal.

You are not liable for losses that result from:

1. circumstances beyond your control, including technical problems or system malfunctions;

2. errors on the part of Tangerine or situations where Tangerine is responsible for preventing unauthorized use, such as after the Card has been cancelled or expired or after you have notified Tangerine in accordance with section 10 of the Agreement;

3. unauthorized transactions after the Card has been reported to us as lost, stolen or compromised or the Card Number, or Authorization Credentials has been reported as compromised;

4. unauthorized Card transactions after the Card is cancelled or expired;

5. unauthorized transactions where you have unintentionally contributed to such use, provided that you notify us immediately upon becoming aware of the transaction and fully co-operate in any subsequent investigation (for clarity, the word “unintentionally” in this clause excludes any non-compliance with your obligations under the Agreement); and

6. transactions using your Card, Card Number, or Authorization Credentials where it can be shown that you have been the victim of fraud, theft, trickery, force, coercion or intimidation provided that you notify us promptly of the incident, fully cooperate in any subsequent investigation and provided that you have not contributed to the loss.

13. Tangerine's Responsibilities

Tangerine will not be responsible for any delay, damage, loss (direct or indirect) or inconvenience to you or any other person resulting from or arising in connection with the provision or the failure, for any reason, to provide any part of the Service or from the termination by Tangerine of this Agreement.

Tangerine will not be liable to you or any other third party if a merchant does not accept the Card at any time or for any reason, including if we cancel or temporarily deactivate your Card or decline to authorize a transaction because we have detected activity in your Account or the use of the Card that we consider to be unusual. We may at our discretion and without prior notice, refuse a request for authorization of any Card transaction, and may notify third parties of such refusal as we think necessary. In exercising such discretion, we may take into account in calculating the funds available, any funds which we may decide have been credited or debited to an Account.

If your Card and PIN are used for a Direct Payment transaction, Tangerine will in no way be responsible for the quality or non-receipt of the goods or services (or both) obtained by way of the Card. All claims or disputes between you and the merchant, including your rights to compensation or any rights of set-off, must be settled directly by and between the merchant and you. When a merchant becomes liable to make a refund to you, Tangerine will credit the Account(s) designated by you with the amount to be refunded, only upon receipt by Tangerine of a properly issued credit voucher or other appropriate verification or authorization of the refund.

Tangerine will in no way be liable for any accident, act of aggression, theft, loss or damage you may suffer while using Debit Terminals or other Services, whether you are on the premises of Tangerine or other premises.

Tangerine will not be liable for any errors which may result from incorrectly providing or selecting any Account number, dollar amount or other information required for the operation of the Service.

Tangerine will not be liable for the release of any information about you or any loss or damage: a) if you choose not to follow the recommendations set forth in section 9 of this Agreement; or b) which result from your breach of either section 9 or section 10 of this Agreement; or c) which result from any misuse of your Card or PIN.

Tangerine will not be liable for any loss or damage you may incur in using any software, product or service provided by third parties in connection with the Service.

14. Records

You are responsible for ensuring that information entered or selected when using the Service is correct. You agree that the transaction record produced and dispensed by a Debit Terminal or other device at the time of each Permitted Transaction will have the same legal effect as written instructions to Tangerine.

You must examine all billing and Account statements and each entry and balance recorded in them including entries for Permitted Transactions resulting from use of the Service (the "Account Statements"). You must notify Tangerine of any omissions, errors, or objections in the Account Statements in accordance with the terms of your Account Agreement(s).

If any dispute arises regarding any Permitted Transaction, you agree that Tangerine's records will be admissible records in any legal proceeding for the purpose of evidencing your liability with respect to such transaction.

15. Dispute Resolution

To dispute a transaction, you’ll need to contact the merchant. We are not responsible for any failure to supply, or lack of suitability of quality of, any goods or services purchased from merchants or others. All disputes between you and a merchant or others, including your rights to compensation or any offset rights (set-off), shall be settled directly by you with the merchant. We do not verify, nor are we required to verify, that any purpose for which the payment is made has been fulfilled by the merchant as a condition of honouring your payment request on your Account.

If you have any questions about our dispute resolution process, please call us at 1-888-826-4374.

If you contact Tangerine regarding an unauthorized transaction, Tangerine will respond to you as soon as possible and in not less than ten (10) business days. During an investigation into the unauthorized transaction, Tangerine may require a signed written statement or, if appropriate, a signed written affidavit from you. The ten (10) business day time period may be suspended until Tangerine receives the requested information. If a dispute regarding an unauthorized transaction can't be resolved in this time, Tangerine will provide you with information concerning our complaints resolution process.

16. Other Agreements

If there is any conflict or inconsistency between the provisions of this Agreement and the provisions of the Account Agreement(s), the provisions of the Account Agreement(s) will govern. The provisions of the Account Agreement(s) with respect to notices will apply to notices required under this Agreement.

17. Governing Law

This Agreement and Permitted Transactions are governed by the applicable laws of the Canadian province or territory in which you reside, and by the applicable laws of Canada.

18. Language

You have expressly requested that this document and all other documents related to your Account be written in English. Vous avez expressément demandé que ce document et tout autre document concernant votre compte soient rédigés en anglais.