THE SHOPPING CHANNEL CARDHOLDER AGREEMENT GENERAL
This agreement and the accompanying Disclosure Statement (which together constitute
the “Agreement”) set out the terms and conditions under which The
Shopping Channel (“TSC”), a division of Rogers Broadcasting Limited,
provides credit to you. Please read the entire Agreement and keep it for your
records. This Agreement shall be effective upon approval of your card application
(the “Application”) by TSC.
When this Agreement refers to “you” or “your”, it includes
each person who signed or submitted the Application, whose name is on the credit
account (the “Account”) and to whom The Shopping Channel Card (the
“Card”) has been issued. If this includes more than one person, “you”
means each one of you. All of you are, individually and together, responsible
under and bound by this Agreement. This means that each of you is fully responsible
for amounts owing on the Account, irrespective of which one of you incurred
any particular charge.
When this Agreement refers to “we”, “us”, and “our”,
it means TSC, its affiliates, and any assignee or holder of the Agreement. This
Agreement is your promise to pay amounts owing on your Account. You should read
it with your Application as together they explain your rights and duties. Signing,
activating or using your Card or your Account number means that you have received
and read this Agreement and accept all of it terms.
USING YOUR CARD AND ACCOUNT
Types of Transactions
You can use your Card in accordance with the terms of this Agreement for those
purposes that we agree to, including paying for goods or services available
on TSC.
You may not use your Card for any illegal, improper or unlawful purpose. We
reserve the right to refuse our authorization for certain types of transactions
as determined by us.
When you use your Card or your Account for a transaction, we are lending you
the amountof your purchase. You are liable for and must repay all amounts owing
on your Account
Telephone or Internet Sales
When you pay for goods or services using your Account number without presentation
of your Card, you will have the same responsibilities as if you had shown your
Card and signed a sales draft or receipt.
Authorized Users
If you allow someone else to use your Card or your Account number, you will
be liable for any charges incurred by that person even though you intended to
limit authorization to a particular use or time.
Your Credit Limit
We will determine the maximum amount which may be charged to the Account (the
“Credit Limit”). The current Credit Limit is shown on your monthly
Account statement (each, a “Statement”).
You must not let the total amount of all transactions, interest, fees and other
amounts payable under this Agreement (the “Balance”) exceed the Credit
Limit. We may choose, from time to time and without notice to you, to allow
the amount you owe us to exceed your Credit Limit by authorizing transactions
in excess of your Credit Limit. If we allow you to exceed the Credit Limit,
you will be responsible for paying any amount in excess of the Credit Limit
when the Statement is received. We reserve the right to refuse to honour any
use of the Card which would cause you to exceed your Credit Limit.
Credit
If you receive a credit voucher or refund for a purchase, we will reduce your
Balance owing by the amount of the refund. However, if interest has been charged
as a result of the original transaction, we will not refund the interest. If
we owe you any amount on the Account at any time, we will not pay interest on
that amount. A credit Balance in the Account will increase your available credit
but will not increase your Credit Limit.
Refusal to Authorize Transactions
We may, but are not required to, decline a transaction on your Account because
of operational considerations, because your Account is in default, to protect
against potential fraudulent or unlawful activity or in our discretion, for any other
reason. Should a transaction on your Account be declined by us, under any circumstances
and at our sole discretion, you agree that we should not be responsible for
any losses that may result.
Loss, Theft or Unauthorized Use
You must notify us immediately in writing to The Shopping Channel, P.O. Box
1247, Mississauga, Ontario L4Y 3W5 or by telephone at 1-866-341-7141 of any
actual or suspected loss, theft or unauthorized use of your Card or Account.
You agree that we will consider that all transactions have been authorized by
you until you advise us otherwise.
If your Card is lost or stolen, you will not be liable to us for any unauthorized
use or unauthorized transactions that occur after you notify us. You may have
to pay up to a maximum of $50 for any amounts charged on your Account before
you notify us.
Ownership of Card
At all times, the Card remains our property and you do not have the right to
assign or transfer your rights and obligations under this Agreement, your Card
or your Account to anyone else. However, your obligations shall be binding on
your estate and legal representatives. We may revoke the Card at any time and
require that each Card be returned to us.
PAYMENTS
Statements
Each Statement covers a period of one month. We will send you a Statement if
there have been transactions during the last month or if there is an outstanding
Balance. We will send Statements only to the primary Account holder at the address
indicated in your Application (or updated as described below under Changes of
Information). It is up to you to review your Statement and to check all transactions,
interest charges and fees. If you think there is an error on your Statement,
you must contact us in writing.
If you do not contact us within 30 days of the last day of the relevant Statement
period, the Statement and our records will be considered correct and you will
have no right to subsequently make a claim against us in respect of any charges
on the Account.
Making Payments
It is your responsibility to ensure that payments are received by us for credit
to your Account by the payment due date shown on your Statement. You can make
payments to your Account at any time (i) by mail, (ii) through Internet/telephone
banking or (iii) by visiting any major bank branch.
Minimum Payments
You may pay your Balance shown in your Statement in full at any time without
any prepayment charge or penalty. However, each month you must pay at least
the amount shown as the minimum payment on your Statement (the “Minimum
Payment”) which is calculated as shown in the Disclosure Statement. You
must make the Minimum Payment on or before the payment due date shown on your
Statement. Any past due or over credit limit amount must be paid as soon as
you receive your Statement.
Applying Your Payments
Subject to applicable law, when you make a payment, we will apply it to your
Balance in the following order:
(a) first, to any fees;
(b) second, to any interest; and
(c) third, to any purchases.
If you have paid more than your Balance, we will apply the extra payment to
amounts that have not yet appeared on your Statement, in the following order:
(a) first, to any fees; and
(b) second, to any purchases.
We reserve the right to change the order in which we apply payments. We may
delay enforcing our rights under this Agreement and may accept late payments,
partial payments and payments marked as “paid in full” or containing
similar wording without losing any rights that we have under this Agreement
or the law, including the right to recover in full all amounts that you owe
us on the Account.
INTEREST
Charging Interest on Purchases
When you use your Card or your Account to make a purchase, we are loaning you
the amount of the purchase. You can avoid interest on purchases and fees by
always paying your Balance in full on or before the payment due date shown on
your Statement.
Different terms may apply from time to time in connection with a Special Program
as disclosed under Special Promotional Programs. You will lose your interest-free
status on purchases and fees if we do not receive payment in full of your Balance
by the payment due date shown in your current Statement. We will then charge
interest (“accrued interest”) on the unpaid amount of all purchases
and fees and any other amounts that appear on that month’s Statement (collectively,
the “Interest-
Bearing Balance”). Interest will be charged on the Interest-Bearing Balance
from (and including) the date the transaction was posted in respect of each
purchase, fee and other amount comprising the Interest-Bearing Balance until
such amounts have been paid in full, with accrued interest being added to the
Interest-Bearing Balance each month if we do not receive payment in full of
your Interest-Bearing Balance by the due date on the
next month’s Statement.
You can stop the accrual of interest on an Interest-Bearing Balance by paying
your Balance in full by the payment due date shown on your then-current Statement.
Residual interest accrued on the Interest-Bearing Balance until the date we
receive payment in full of the Balance on your then-current Statement will appear
on your next Statement.
Interest Calculation
The interest rate is shown in the below Disclosure Statement and on your monthly
Statement and is subject to change (see the discussion under Amendments below).
Interest is calculated monthly, not in advance, on the average daily Interest-Bearing
Balance for an Account in that month. The “average daily Interest-Bearing
Balance” is the sum obtained by dividing the aggregate of the interest-bearing
portions of all daily Balances over the monthly period by the number of days
in that period, taking account of any payments made to the Account during that
period. Interest is charged both before and after demand, default and judgment.
In no event will the interest payable by you exceed the maximum effective rate
permitted by law.
SERVICE FEES AND OTHER CHARGES
You authorize us to charge your Account, where applicable, with the fees and
other charges shown on the Disclosure Statement. We reserve the right to waive
any fees, at our sole discretion.
SPECIAL PROMOTIONAL PROGRAMS
Promotional programs (each, a “Special Program”) may be offered from
time to time as specified prior to or at the time of purchase. If we do make
a Special Program available to you, we will explain its scope and duration and
any additional terms that apply to it. Special Programs are subject to the terms
of this Agreement and any additional terms and conditions contained in the promotional
materials and/or sales slips. When the promotion ends or if you do not pay your
Minimum Payment by the payment due date shown in your Statement or otherwise
fail to comply with any term of this Agreement, the Special Program terms will
end and the terms and conditions of this Agreement will continue to apply, including
those related to interest and payments.
The following kinds of Special Offers may apply:
(a) No Interest Special Programs: No interest accrues on a Special Program purchase
during a specified period. Amounts may be payable in a lump sum on a specified
payment due date. You can avoid interest on purchases and fees by paying such
amounts by the payment due date shown on your Statement. If you do not pay in
full the purchase amount by the payment due date, the purchase amount will begin
to accrue interest and the purchase amount will be added to the Account Balance
for the purpose of calculating the Minimum Payment.
b) Same as Cash Special Programs: Interest accrues on a Special Program purchase
from the date of purchase until a specified promotional payment due date (the
“Payment Due Date”), at which time the entire purchase amount is due.
If the purchase amount is paid in full by the Payment Due Date, the accrued
interest is
waived. If the purchase amount is not paid in full by the Payment Due Date,
the purchase amount will be added to the Account Balance along with accrued
interest
for the purposes of calculating the Minimum Payment and interest will continue
to accrue thereafter on the original purchase amount.
LIMITATION OF LIABILITY
We will not be liable for any damages (including special, indirect or consequential
damages) resulting from (i) any failure, malfunction or inaccessibility of any
Card or (ii) if for any reason your Card is not accepted or for any other reason
you cannot use your Account.
DEFAULT
If you do not make a payment by the payment due date shown in a Statement, or
otherwise do not comply with this Agreement, or if anything occurs which causes
us to believe that you will be unable to make payment or otherwise not be able
to comply with
this Agreement:
(a) the entire Balance owing on the Account will, at our option, become due
and payable, despite any provision of this Agreement, together with interest
on such Balance at the annual interest rate payable on the Account at that time;
and
(b) you must pay all legal fees and expenses that we incur to recover amounts
under this Agreement, as permitted by applicable law.
CANCELLATION
We have the right at any time without notifying you in advance, unless required
by law, to cancel this Agreement or withdraw or limit access to the Account.
You may also cancel this Agreement by telling us in writing. In either case,
you are not entitled to use your Card or Account and must repay your total debt
immediately. You must pay all legal fees and expenses that we incur to recover
amounts under this Agreement, as permitted by
applicable law
CHANGES OF INFORMATION
You must provide us with prompt notice of any change in your name, address or
other information about you that we may need to keep our records up-to-date
and to comply with applicable law. Additional terms and conditions may apply
to you if you move to the Province of Québec.
HOW TO CONTACT US
If you have a question or concern about your Account, please call us at 1-866-341-7141
during regular business hours.
GENERAL
Amendments
We may make changes to this Agreement and the Disclosure Statement by giving
subsequent notice of the change to the primary cardholder with your Statement
or in some other way, unless advance notice is required by law. If you sign,
use or activate any Card or Account or if any Balance owing on the Account remains
unpaid after the change is made, it will mean you have accepted the change.
Assignment
We may, at any time, sell, transfer or assign any or all of our rights under
this Agreement. If we do so, we may disclose information concerning your Account
with prospective purchasers, transferees or assignees. You consent to us sharing
your personal information in this manner.
Severability
If any part of this Agreement is contrary to law, that part is ineffective without
invalidating the remainder of the Agreement.
Governing Law
This Agreement will be governed by and interpreted in accordance with the
laws of the province of Ontario and the federal laws of Canada applicable therein.
You agree that Ontario is the appropriate jurisdiction for all actions brought
by you or us in respect of this Agreement and the relationship contemplated
herein.
PRIVACY
You consent to us establishing and maintaining a file of personal information
about you and obtaining and exchanging, from time to time, all information about
you (including credit information) with our affiliates, merchants and agents
and with any credit reporting agency, credit bureau, person or corporation with
whom you or we have or may have financial relations, or with a supplier of services
or benefits relating to the Account.
Such persons or corporations may include collection agencies, bailiffs, marketing
and advertising agencies, or any other party whom we deem necessary in connection
with the servicing of the Account. In addition, for the purposes of this Section,
“merchants” means merchants that honour the Account or your Card as
the method of payment for goods and services that you may purchase from them.
Your personal information will be used for the purposes of making decisions
about the Application, including verifying your identity; monitoring, evaluating,
servicing and collecting the Account; providing Account-related and other programs
offered by us or a third-party provider approved by us; allowing our affiliates
and selected companies to promote their products and services to you; responding
to your inquires about the Application, the Account or your file; and meeting
legal and regulatory requirements, including Canadian federal and provincial
requirements and foreign requirements applicable to us or any of our affiliates
or service providers.
You authorize us to provide Account Statement and other Account information
to a Co-Applicant from time to time at their request. We may also disclose your
personal information (including Account information such as the Account number)
to Account program partners or their agents as is reasonably required for those
Account program partners to provide services and/or benefits to you under those
Account programs. You acknowledge receipt of notice that, from time to time,
we may obtain consumer reports containing credit information about you from
credit reporting agencies and you confirm that you have consented to this in
your Application. You consent to our monitoring and/or recording of your telephone
discussions with our representatives.
Subject to applicable law and any opt-out request as described below, you consent
to us disclosing general and non-sensitive personal information about you as
provided in your Application, through marketing lists, to selected companies
or organizations to allow them to offer you directly goods and services that
may be of interest to you. These selected companies and organizations will be
contractually prohibited from disclosing the information to third parties or
using it for another purpose without obtaining appropriate consent in advance.
If you prefer to be removed from our marketing lists or lists we may share with
other parties, you are free to opt-out at any time by contacting us at the address
or telephone number mentioned below. You will allow a reasonable time for your
withdrawal request to become effective.
You consent to the use and disclosure of your personal information in connection
with the assignment of the Account or amounts owing under the Account, and certain
other business transactions from time to time, and to our use of service providers
(including those located outside of Canada) to process and handle personal information
on our behalf, all as more particularly described in the Rogers Privacy Policy
(the “Privacy Policy”). In particular, we may use service providers
located in jurisdictions other than Canada, such as the United States. We contract
with such service providers not to use or disclose any personal information
received by them from us or on our behalf, except for the purposes of the services
provided and except as required in order for them to comply with laws applicable
to them including, for example, the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT) Act of 2001.
You consent to the collection, use and disclosure of your personal information
as described in the Application and the Privacy Policy, as amended from time
to time, and as permitted or required by law.
You have the right to access your file and rectify any personal information
in the file that may be obsolete, incomplete or incorrect. You may view a copy
of the Privacy Policy at www.theshoppingchannel.com. Additional information
on your privacy is located in the Frequently Asked Questions section of www.rogers.com
under the Category of Privacy. You may request a copy of the Privacy Policy,
file an opt-out request, request access to your personal information file or
report obsolete, incomplete or incorrect personal information about you by contacting
us at:
By Mail: Chief Privacy Officer
Rogers Group of Companies
333 Bloor Street East
Toronto, ON M4W 1G9
By E-mail: privacy@rci.rogers.com
DISCLOSURE STATEMENT
General
This Disclosure Statement applies to your Account and the Card you have been
issued on the Account. It should be read in conjunction with the rest of the
Agreement which provides a more extensive discussion of interest, interest calculation,
grace periods and monthly Statements.
Interest Rate
The interest rate is 19.25% per annum. Interest is calculated monthly, not in
advance, on the average daily Interest-Bearing Balance for an Account in that
month. When interest becomes overdue it will be recorded on the next month’s
Statement and be included in the average daily Interest-Bearing Balance for
that month. Overdue interest will continue to be added to the Interest-Bearing
Balance each month until the then-current Interest- Bearing Balance is paid
in full. This is described above under Interest Calculation.Examples of the
cost of borrowing at the Interest Rate (assuming a 30-day period covered by
a Statement) are as follows:
Minimum Payment
The Minimum Payment for your Account will be the greater of (i) 5% of the Balance
and (ii) $10, or your full Balance if your full Balance is less than $10.
Service Fees and Other Charges
(a) Annual Service Fee: There is no annual service fee.
(b) Administration Fee: There is no administration fee although an administration
fee may apply to a Special Program offered from time to time. We will disclose
any such administration fee at the time of the Special Program as described
above under Special Promotional Programs.
(c) Dishonoured Cheque Fee: If your cheque or other payment instrument is dishonored
by the financial institution on which it is drawn, a $25 fee will be charged
to your Account. This fee is in addition to any fee charged for insufficient
funds in your bank account.
(d) Late Payment Fee: Where payment is not received by the due date shown on
your Statement, a $25 fee will be charged to your Account (where permitted by
law).
(e) Unauthorized User Charge: You may have to pay up to $50 for any amounts
charged on your Account before you notify us of any actual or suspected loss,
theft or unauthorized use of your Card or Account.
Fees and charges may change. If they do, we will tell you in advance. If we
use a collection agency or a law firm to collect or attempt to collect amounts
owed to us by you, you must pay all of our expenses, including legal fees.
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