Important Upcoming Changes to Your Credit Card Account


We’re making some updates to the Tangerine Credit Card Cardholder Agreement effective August 1, 2019 that applies to your Tangerine Money-Back Credit Card Account (the “Account”). This notice applies to residents of the province of Québec only.

Please review this information and keep it for reference. An online copy is available here.

Changes to the Cardholder Agreement include:

What’s Changing?
Changes

Section #36 – Terminating This Agreement
(this new clause, worded to align with the Québec Consumer Protection Act, will be added to the end of Section #36)

      Section #36 – Terminating This Agreement


      (this new clause, worded to align with the Québec Consumer Protection Act, will be added to the end of Section #36)
      Changes
       

      This clause is required by the Québec Consumer Protection Act and is only applicable to residents of the province of Québec who have a personal Credit Card Account: (Clause of forfeiture of benefit of the term)

      Before availing itself of this clause, the merchant must forward the consumer a notice in writing and unless the merchant is exempted in accordance with section 69 of the General Regulation, it must forward the consumer a statement of account.

      Within 30 days following the receipt by the consumer of the notice and, where necessary, of the statement of account, the consumer may:

      (a) either remedy the fact that the consumer is in default;

      (b) or present an application to the court to have the terms and conditions of payment prescribed in this contract changed.

      It is in the consumer’s interest to refer to sections 104 to 110 of the Consumer Protection Act (chapter P-40.1) as well as to section 69 of the General Regulation made under that Act and, where necessary, to communicate with the Office de la protection du consommateur.


      What’s Changing?

      Section #46 – For Québec Residents Only
      (this new clause, worded to align with the Québec Consumer Protection Act, will be added to the end of the Cardholder Agreement as an entirely new section #46)

      Section #46 – For Québec Residents Only


      (this new clause, worded to align with the Québec Consumer Protection Act, will be added to the end of the Cardholder Agreement as an entirely new section #46)
      Changes
       

      46. For Residents of the Province of Québec Only: This clause is required by the Québec Consumer Protection Act and is only applicable to Québec residents with a personal Credit Card Account: (Open credit contract)

      1. If the consumer uses all or part of the credit extended to make full or partial payment for the purchase or the lease of goods or for a service, the consumer may, if the open credit contract was entered into on the making of and in relation to the sale, lease or service contract, and if the merchant and the open credit merchant collaborated with a view to granting credit, plead against the lender any ground of defence urgeable against the merchant who is the vendor, lessor, contractor or service provider.

      The consumer may also, in the circumstances described in the first paragraph, exercise against the open credit merchant, or against the merchant’s assignee, any right exercisable against the merchant who is the vendor, lessor, contractor or service provider if that merchant is no longer active or has no assets in Québec, is insolvent or is declared bankrupt. The open credit merchant or the merchant’s assignee is then responsible for the performance of the obligations of the merchant who is the vendor, lessor, contractor or service provider up to the amount of, as the case may be, the debt owed to the open credit merchant at the time the contract is entered into, the debt owed to the assignee at the time it was assigned to him or the payment the open credit merchant received if he assigned the debt.

      1. A consumer who has entered into a preauthorized payment agreement with a merchant under which payments are made out of credit obtained under a credit card contract may end the agreement at any time by sending a notice to the merchant.

      On receipt of the notice, the merchant must cease to collect the preauthorized payments.

      On receipt of a copy of the notice, the card issuer must cease debiting the consumer’s account to make payments to the merchant.

      1. The consumer is not liable for debts resulting from the use of a credit card by a third person after the card issuer has been notified, by any means, of the loss, theft or fraudulent use of the card or of any other use of the card not authorized by the consumer. Even if no notice was given, consumer liability for the unauthorized use of a credit card is limited to $50. The consumer is held liable for the losses incurred by the card issuer if the latter proves that the consumer committed a gross fault as regards the protection of the related personal identification number.

      2. The consumer may demand that the merchant send, without charge, a copy of the vouchers for each of the transactions charged to the account during the period covered by the statement. The merchant must send the copy of the vouchers requested within 60 days after the date the consumer’s request was sent.

      It is in the consumer’s interest to refer to sections 103.1, 122.1, 123, 123.1, 124, 126, 126.2, 126.3, 127 and 127.1 of the Consumer Protection Act (chapter P-40.1) and, if further information is necessary, to contact the Office de la protection du consommateur.


Questions? If you have any questions, please don’t hesitate to call us at 1-888-826-4374.