1. Type of Card
Your Card is a non-reloadable prepaid Card issued by CIBC. The initial balance on your Card is equal to the amount loaded onto the Card when it was purchased. Each time you use your Card, the Transaction amount will be deducted from the remaining balance on your Card. Your Card is not refundable, not returnable and cannot be transferred.

2. No Fees

3. Use of Card
Your Card is a prepaid card that is limited in use to the balance prepaid on the Card at the time of purchase. You can use your Card to make purchases at a point-of-sale terminal at participating merchants at Oxford Properties retail locations only, where Visa* is accepted.

4. Restrictions on Use
Your Card CANNOT be used:

• to purchase other Cards,

• at an ATM (for cash withdrawal or a balance inquiry),

• to make a non-ATM cash withdrawal at a financial institution,

• to make a payment on a credit account,

• to make or set up recurring payments,

• to make a purchase online,

• for pay-at-the-pump Transactions,

• for illegal or unlawful purposes, or

• to go over your Card balance

5. Order completion
We may require additional information from you in order to complete your order and we have the right not to accept your order for any reason. Your purchase is not complete until we receive full payment and you receive confirmation that your order has been accepted. By placing an order, you confirm that the details contained in the order are correct.

6. Card expiry
The funds on your Card do not expire. Your Card expires on the last day of the month set out on the Card. If your Card expires and it has a balance on it, you can call the number on the back of the Card and we will issue you a replacement Card. There are no fees associated with a replacement Card. A replacement Card will not be sent unless requested.

7. Activating your Card
Cards redeemed or purchased through the Oxford Properties Guest Services Desk or the Self-Service Kiosk will be dispensed and activated upon payment.

8. Checking your Card balance
You can check your Card balance and review your Transactions by calling

1 800 624-6171 or by using the QR code located on the back of your Card to visit balancecheck.oxfordgiftcardplus.ca.

9. Split Purchases
If the balance on your Card isn’t enough to pay the full amount of a purchase, tell the merchant in advance that you would like to make a split payment. You will need to know the balance on your Card and use a second form of payment to cover the difference.

Other documents

These Terms and Conditions form part of the CIBC Oxford Properties Prepaid Visa* Card Agreement, which governs the use of your Card. Capitalized terms used but not defined in these Terms and Conditions are defined in the CIBC Oxford Properties Prepaid Visa* Card Agreement.

Contact us

You can obtain more information, a current copy of the CIBC Oxford Properties Prepaid Visa* Card Agreement or these Terms and Conditions at balancecheck.oxfordgiftcardplus.ca or by calling 1 800 624-6171.

The CIBC logo is a trademark of CIBC, used under license. All other trademarks are owned either by CIBC or their respective trademark owners.

*Trademarks of Visa International Service Association and used under license.

CIBC OXFORD PROPERTIES PREPAID VISA* CARD AGREEMENT

1. INTRODUCTION
a. This Agreement applies to your CIBC Oxford Properties Prepaid Visa Card offered through TCA Group of Companies Inc. Using, loading a balance on or activating a Card means that you have received, understood and agreed to this Agreement. Your Card is a prepaid, stored value card that is limited in use to the balance prepaid on the Card and can only be used at participating merchants at Oxford Properties retail locations, where Visa* is accepted. When you make a Transaction, the value of the Transaction will be deducted from your Card balance.

b. Your Card, your Card balance or any other record relating to the Card:

• is not a deposit with us or connected in any way with a bank account with us.

• does not earn interest.

• cannot be directly converted to cash.

• is not insured by the Canada Deposit Insurance Corporation.

c. The Terms and Conditions form part of this Agreement.

2. YOUR RIGHTS AND RESPONSIBILITIES
a. Authorized Transactions. You may use your Card to make Transactions, as long as we permit you to do so and you comply with this Agreement. The Terms and Conditions set out the types of Transactions permitted for your Card. Transactions are authorized if you indicate acceptance of the Transaction through any means acceptable to CIBC.

b. Safeguarding your Card. You will keep your Card safe. This means that at a minimum you will:

• always keep your Card in your possession.

• take reasonable steps to protect your Card from loss, theft or misuse.

• not allow any other person to use your Card.

• immediately notify TCA of unauthorized Transactions, if your Card or Card Details are lost or stolen.

c. Reviewing Transactions. You must check your balance and Transactions regularly. If you disagree with a Transaction for any reason, you must notify TCA Group of Companies Inc. by calling the number on your Card within thirty days of it being posted. If you do not, we may regard the Transaction as final.

d. Return of Cards. You must return or destroy your Card if we or TCA Group of Companies Inc. asks you to.

e. Prohibited Use of Card. Your Card can only be used by you and not by or for the benefit of a third party. We may block transactions that we can identify as internet gambling or other cash-like transactions. In addition, you must not use your Card:

• for any fraudulent or illegal purpose, including the purchase of any goods or services prohibited by applicable local law.

• after the Card’s expiry date.

3. YOUR LIABILITY
a. You are responsible for all Transactions and any resulting losses incurred that:

• you authorize (including if you make an entry error).

• result from fraudulent or worthless loads to your Card.

• occur after you allow another person to use the Card, even if the person was a minor or did not comply with any limitations you placed on his or her use.

We are not responsible if any Card or Card Details are lost, stolen or used without your permission, including for any unauthorized Transactions.

b. You must co-operate fully in any investigation with respect to any loss and we may take whatever steps we consider necessary to recover your lost or stolen Card.

c. Your Card can only be used if the balance on your Card is sufficient to cover your Transaction. Otherwise, the Transaction will be declined. However, if due to a systems malfunction or for any other reason a Transaction occurs despite there being an insufficient balance on your Card, you will owe us the amount above the Card balance and you agree to reimburse us for that amount within 30 days.

4. MERCHANT REFUNDS AND DISPUTES WITH MERCHANTS
a. If you authorized a Transaction, you must settle any dispute or claims directly with the merchant. If you are entitled to a refund for any reason, you agree to accept the refund policy of the specific merchant with whom the original purchase was made.

b. We will not be liable if a merchant or other service provider does not give you a credit, imposes any additional charges, charges a different price for purchases with your Card versus other payment types, will not accept your Card or takes any other action.

c. Debits and credits for Transactions(s) may not be processed on or effective the same day as the purchase or return/adjustment.

5. CANCELLING OR SUSPENDING YOUR CARD
a. If you do not comply with this Agreement or we determine you are using your Card for a fraudulent purpose, we may suspend or cancel your ability to use your Card. We may also take any steps permitted by law to enforce our rights under this Agreement without prior notice to you and you will pay all legal fees and expenses incurred.

6. CHANGES
a. We may propose to change any of the terms of this Agreement, either permanently or temporarily, (including any fee(s) or amounts required to be paid by you, Card features and/or any other items mentioned in the Terms and Conditions) or replace this Agreement with another agreement, at any time. We will give you written notice of a proposed change and any other information required by law, at least 30 days before the change stated to come into effect in the notice. We may provide that notice electronically, or by posting a notice in CIBC branches, or by posting a notice on the website listed on the back of your Card or by mail. If by mail, then we will use the most recent mailing address you provided to us. You may refuse the change by terminating this Agreement and closing your Card without cost, penalty or cancellation indemnity by notifying us within 30 days of the effective date of the change.

b. You will promptly advise TCA Group of Companies Inc. of any changes to your personal information.

7. TERMINATION OF THIS AGREEMENT
a. We may terminate or suspend this Agreement or your Card at any time without notifying you in advance if we suspect your Card is being used fraudulently or for any other reason. If this Agreement or use of your Card is terminated or suspended, you will continue to be liable for your obligations under this Agreement.

8. MISCELLANEOUS
a. Our Liability. If you cannot use your Card for any reason, we are not liable whether the reason was within our control or not. You understand and agree that, except as otherwise provided in this Agreement, and in addition to those limitations on CIBC’s liability set out elsewhere in this Agreement, we are liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from our performance of our obligations under this Agreement; we will not be liable to you for any other direct damages. In addition, we will not under any circumstances be liable to you for any other damages, including, without limitation, indirect, incidental, special, punitive or consequential losses or damages, loss of profits, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the services provided to you, even if we were advised of the possibility of damages or were negligent. These limitations apply to any act or omission of CIBC, its affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law. Gross negligence in this paragraph means conduct (whether through action or inaction, or through words or silence) which is (i) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in the position of CIBC, or (ii) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences.

b. Errors. We may unilaterally correct any errors without notice to you.

c. Governing Law. This Agreement will be governed by and interpreted in accordance with Canadian law and the laws of the province or territory in which the Card is issued. You agree to submit to and be bound by these laws and the courts of that province or territory in the event of any disputes arising in connection with your Card or this Agreement.

d. Interpretation. When used in this Agreement, the term “including” means “including, but not limited to.” The headings in this Agreement are for convenience only and do not affect the interpretation of the rest of the Agreement. When we refer to this Agreement or other agreements or documents, we are referring to this Agreement and those other agreements or documents as they may be amended, replaced or supplemented from time to time.

e. Severability and Waiver. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect. Our failure to exercise or delay in exercising any rights does not waive any default or prevent us from enforcing those rights later.

f. Survival. Any provision of this Agreement relating to your responsibilities and liabilities or our rights and liabilities will survive termination of the Agreement.

g. Limitation Periods. Where permitted by provincial or territorial law, the limitation period for this Agreement is extended to six years.

h. Assignment. We may at any time, without notifying you, assign our rights and obligations under this Agreement to any assignee, who will be entitled to all of our rights and will be responsible for our obligations under this Agreement to the extent they are assigned by us.

i. For Quebec Only. The parties confirm that it is their express wish that this agreement and documents related thereto be drawn up in English. For an agreement entered into on or after June 1, 2023, the parties acknowledge that they had the opportunity to consult the French version of the agreement and confirm that it is their express wish to be bound by the English version of the agreement. Les parties confirment leur volonté expresse que l’entente et les documents s’y rattachant soient rédigés en anglais. Pour une entente conclue à compter du 1er juin 2023, les parties reconnaissent qu’elles ont eu l’opportunité de consulter la version française de l’entente et confirment leur volonté expresse d’être liées par la version anglaise de l’entente.

9. YOUR PRIVACY
You consent to the collection, use and sharing of your personal information from time to time as provided in CIBC’s privacy policy. Our privacy policy is available at any branch or at www.cibc.com. This policy may be amended, replaced or supplemented from time to time. To help protect you and CIBC from fraud, we may from time to time provide merchants with verification of your address for internet, telephone and other remote Transactions.

10. COMPLAINTS
At CIBC, we’re committed to providing you with the best possible service whenever and however you bank with us. If you have a concern, we encourage you to follow our complaint process outlined below.

As a first step, you can call the number located on the back of your Card to discuss your complaint with TCA Group of Companies Inc.. If the problem is not resolved to your satisfaction, then as a second step, you have the option to escalate your complaint to CIBC Client Care at 1 800 465-2255 or online at cibc.com/escalate. Your complaint will automatically be escalated to CIBC Client Care if your complaint isn’t resolved within 14 days. If you remain unsatisfied, you can take a third step by further escalating your concern to the Client Complaint Appeals Office at 1 888 947-5207 or [email protected]. The CIBC complaint handling process, including how to contact us in writing, is described in full at cibc.com and in the “Our Service Commitment to You” brochure available online or at any CIBC banking centre.

You can contact the Ombudsman for Banking Services and Investments (OBSI) whose purpose is to review your complaint if you do not accept the decision of the Client Complaint Appeals Office, or when 56 days have elapsed since you first made a complaint to CIBC. You can reach OBSI by Telephone at 1 888 451-4519 or by email at [email protected]. In addition, there are external agencies that monitor Canada’s financial industry. If you have a regulatory complaint or a complaint concerning a voluntary code of conduct or public commitment, you can contact the Financial Consumer Agency of Canada at: 427 Laurier Avenue West, 6th Floor, Ottawa, Ontario K1R 1B9; fcac-acfc.gc.ca or 1 866 461-3222 (English) or 1 866 461-2232 (French).

11. VOLUNTARY COMMITMENTS
CIBC has adopted a number of “Voluntary Codes of Conduct and Public Commitments”, which are available on www.cibc.com.

12. DEFINITIONS
Agreement means this CIBC Oxford Properties Prepaid Visa* Card Agreement and the Terms and Conditions.

Card means a pre-paid stored value card issued by CIBC.

Card Details means the Card number, expiry date and CVV2 (the security code on the back of the Card).

CIBC, we, our or us means Canadian Imperial Bank of Commerce and its subsidiaries.

Terms and Conditions means the document we have provided you that states the fees, restrictions and other terms and conditions relevant to your Card.

Transaction means any use of a Card or Card Details to purchase goods or services or use the balance on your Card.

You or your means the person who purchases and uses the Card.

The CIBC logo is a trademark of CIBC, used under license.

*Trademark of Visa Int. used under license.

Last revised June 2023