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Cardholder Agreement

1. Introduction

This Cardholder Agreement (the "Agreement") sets out the Terms and Conditions that apply when you use your Tangerine Client Card together with your confidential Personal Identification Number ("PIN"). It replaces all earlier Cardholder Agreements and it applies to any replacement Tangerine Client Card we may issue to you. In the case of a joint Account, each Cardholder will be jointly and severally responsible to Tangerine for performing 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, "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, and "Tangerine", "we" and "us" means Tangerine Bank.

All other terms are defined within the text of the Agreement below.

3. Service

Tangerine will permit you to use your Card and PIN to access your Tangerine Account(s) as follows:

  1. Access will be provided to those Accounts that Tangerine may permit from time to time (the "Account(s)");

  2. Permitted transactions will include those transactions which Tangerine may approve from time to time (the "Permitted Transaction(s)");

  3. In addition to this Cardholder Agreement, Permitted Transactions using your Card and PIN will be subject to the Terms of your Agreements with Tangerine governing the Account(s) accessed by your Card (the "Account Agreement(s)");

  4. Tangerine may, in its sole discretion, provide you with the ability to use your Card and PIN to access your Account(s) through: direct payment terminals or other direct payment machines or card reading terminals which 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 the number on your Card and PIN without presenting the Card which Tangerine approves for use from time to time (collectively, the "Service");

  5. Interac® Flash is a feature available on your Card that enables Cardholders to use the Tangerine Client Card to pay for purchases up to $100 at select merchants by holding your Card over a Direct Payment Terminal that supports Interac Flash. If you exceed this maximum amount at any merchant, you'll be prompted to insert your Card in the reader and enter your PIN in order to complete the transaction. Interac Flash transactions are only for the payment of goods and services – "cashback" transactions are not permitted.


4. Use of Service and Service Charges

You agree to use the Service in accordance with this Cardholder Agreement, your Account Terms and Tangerine's instructions, that are in effect and that are communicated to you by Tangerine. These 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 list, which is subject to change, is available at tangerine.ca and at all Tangerine locations (Cafés, Pop-Up and Kiosks).

You understand that other financial institutions or outside network administrators 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). 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 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) governing the transaction.

If your Card is enabled with Interac Flash, an Interac Flash Transaction means payments or other funds transfers (including refunds) made at a Direct Payment Terminal using an Interac Flash-enabled Tangerine Client Card without using an Electronic Signature.

Interac Flash is a feature available on your Card that enables Cardholders to use the Tangerine Client Card to pay for purchases up to $100 at select merchants by holding your Tangerine Client Card over a Direct Payment Terminal that supports Interac Flash. You don't have to insert your Card in the reader or enter a PIN. If you exceed this maximum amount at any merchant, you'll be prompted to insert your Card in the reader and enter your PIN in order to complete the transaction. Interac Flash transactions are only for the payment of goods and services – "cashback" transactions are not permitted.

Interac Flash – Enabling and Opting Out – when you're first issued a Tangerine Client Card with Interac Flash enabled, this feature will be activated the first time you conduct a successful PIN transaction at a Direct Payment Terminal. You must have a pre-selected Chequing Account linked to your Card for Interac Flash to be enabled. If you requested enabling Interac Flash on your current Card, any replacement Tangerine Client Card will also have the Interac Flash feature enabled. You can have Interac Flash disabled on your Tangerine Client Card by contacting Tangerine at 1-888-826-4374. If you request disabling this feature, any replacement Tangerine Client Card issued after the request will also have the Interac Flash feature disabled. You can request enabling the Interac Flash feature at any time by contacting Tangerine at 1-888-826-4374. There is no charge to have the Interac Flash feature added, disabled or enabled on your Card.

5. Foreign Currency Transactions

A Permitted Transaction in a foreign currency will be converted to the currency of your Account at an exchange rate determined 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.

Foreign cash and cheques deposited at an ABM will initially be accepted and the ABM will provide a receipt which displays a deposit in Canadian dollars. Please note that foreign currency deposits made at an ABM may be rejected and returned to you once the deposit is received for processing at our office. Foreign currency deposits that are accepted will be converted to Canadian dollars, and the deposit amount will be adjusted according to the exchange rate at the time of processing. Additional charges may apply after the adjustment is made or where funds are rejected and returned to you.

6. Access to Service

Tangerine may at its discretion and 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.

Tangerine will not be liable to you or to any other person for any loss or inconvenience which you or that person may incur as a result of the above withdrawal or delay of Service.

7. 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 return all such Cards immediately to Tangerine on request. If you terminate this Agreement, you will immediately return all Cards to Tangerine. You shall remain liable for any use of the Card following termination of this Agreement in accordance with the Terms of this Agreement. Termination of this Agreement shall not relieve you of your obligations under the Account Agreement(s), which continue in full force and effect.

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 or signing a new Card following this notice will be deemed to be your acceptance of the amendment as of the effective date set out in the notice.

8. 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.

9. 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.

10. Your Liability

You are liable for all authorized use of your Card and PIN. Authorized use includes, but is not limited to, authorizing another person to use your Card and PIN, any entry errors at a point of sale or Debit Terminal, and all fraudulent or worthless deposits you may make.

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 9 of this Agreement;

  2. you fail to keep your PIN confidential in accordance with section 8 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 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 circumstances beyond your control, including technical problems or system malfunctions, 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 9 of the Agreement.

11. Tangerine's Liability

Tangerine will not be liable 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. 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 8 of this Agreement; or b) which result from your breach of either section 8 or section 9 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.

12. 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 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 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 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.

13. Dispute Resolution

If you have any questions or concerns regarding the Service or a transaction, please contact Tangerine at 1-888-826-4374 to resolve the matter. Please inquire about our complaints resolution process if you have a complaint or dispute regarding the Service.

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.

14. 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.

15. 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.

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