Koho Visa* Prepaid Card Cardholder Agreement
Please read this Agreement carefully and keep a copy for your records.
Your acceptance and use of your Koho Visa Prepaid Card is subject to the terms set out in this Agreement. By using your Koho Card or allowing anyone else to use your Koho Card, you are agreeing to the terms and conditions and fees outlined below.
Important Information about your Koho Card
Card Expiry and Access to Balance: Your right to use the funds loaded onto the Card will not expire. If funds remain on the Card after the “valid thru” date, simply contact customer service at 1-855-564-6999 for instructions on how to receive a replacement Card.
Fees: The table below sets forth the fees that Peoples Trust Company may charge in connection with your Koho Card(1). By registering and using your Koho Card, you agree that you’ve been advised of the fees and you agree to pay all fees charged under this Agreement. The Fees are subject to change. You’ll be notified in advance of these changes, so please keep the contact information associated with your Koho Card up-to-date.
|New Koho Card||$0/Free|
|Monthly maintenance fee||$0/Free|
|Live customer service (per call)||$0/Free|
|ATM withdrawal – domestic, in network ATM For a current list of in network ATMs, please visit www.koho.ca.||$0/Free|
|ATM withdrawal(2) – domestic, out of network ATM||$2.00|
|ATM withdrawal – international ATM||$3.00|
|Foreign exchange transaction Fee(3)||1.5%|
|Inactivity fee – (starting month 13 after activation, billed monthly if your Card has not been used for 90 days)||$1.00|
|Koho Card replacement fee||$0/Free|
|Koho Card cancellation fee||$0/Free|
(1) This Fee Schedule is subject to change. You’ll be notified before any changes are made to the fee schedule. See terms and conditions for more details.
(2) Additional fees may be charged by local ATM operators, over which we have no control.
(3) More information can be found on the Website.
Card Information and Balance: For up-to-date Card terms and conditions, to obtain the expiry date of your Card, or to check your Balance for free, you can download the Koho mobile application from the Apple Store1or Google Play2, go online at www.koho.ca, or call our toll-free number at 1-855-564-6999 (KOHO-999).
Card Restrictions: Cardholders must be of age of majority in the province or territory where they apply for the Card and are restricted to one (1) Card per person. Use of your Card in certain countries may be restricted by Applicable Law. Regular pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from your Card, will be rejected and Peoples Trust Company will not be liable for any costs incurred by you as a result. Your Card may be deactivated at any time if fraud, related to your Card or use of your Card, is suspected. You may not add funds to your Card via wire transfer. Your Card is subject to minimum and maximum daily load, transaction, and withdrawal limits, as set out below. Peoples Trust Company may change these limits in accordance with Applicable Law and will post notice on the Website at least thirty (30) days in advance of the effective date of the change. The change will take effect on the date indicated in the notice.
Who Issues Your Koho Card: The Koho Visa Prepaid Card is issued by Peoples Trust Company pursuant to licence by Visa International Incorporated. This Agreement is between you and Peoples Trust Company. Koho is a distributor of the Koho Visa Prepaid Card and offers the Card to consumers. As a Distributor, Koho is not an agent, mandatary, or representative of Peoples Trust Company.
|Koho Card Limits|
|Maximum Koho Card Balance:||$10,000.00|
|Maximum number of loads per day:||4|
|Maximum number of loads per month:||60|
|Maximum Amount per single Load transaction:||$8,000.00|
|Maximum Daily Cumulative Amount, Loads:||$8,000.00|
|Maximum Monthly Cumulative Amount, Loads:||$20,000.00|
|Maximum number of Point of Sale (“POS”) transactions per day:||10|
|Maximum Amount per single POS transaction:||$3,000.00|
|Maximum Daily Cumulative Amount, POS:||$3,000.00|
|Maximum Monthly Cumulative Amount, POS:||$15,000.00|
|Maximum number of ATM transactions per day:||2|
|Maximum Amount per single ATM transaction:||$300.00|
|Maximum Daily Cumulative Amount, ATM:||$600.00|
|Maximum Monthly Cumulative Amount, ATM:||$1,200.00|
|Maximum Amount per single Card to Card Transfer transaction:||$1,000.00|
|Maximum Daily Cumulative Amount, Card to Card Transfer:||$10,000.00|
1Apple Store is a trademark of Apple Inc., registered in the U.S. and other countries.
2 Google Play is a trademark of Google Inc.
Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).
Lost or Stolen Cards: You must take all reasonable steps to protect your Card and /or PIN against loss, theft or unauthorized use. You should not maintain a written record of, or disclose the PIN to a third party, including family members and friends. Avoid PIN combinations that may be easily guessed by others. If you lose your Card and / or PIN or you become aware that your PIN may have become known to someone else, or if you have reason to believe that someone has made an unauthorized transaction with your Card, or may attempt to use your Card without your permission, you must IMMEDIATELY suspend your Card in the mobile application and notify us by calling 1-855-564-6999 (KOHO-999). If you do not notify us IMMEDIATELY then all transactions carried out on your Card before you notify us will be considered to have been made by you.
Split Tender Transactions: If the Balance on your Card is not sufficient to cover the full point of sale transaction amount, you may ask the merchant if they will accept a split tender transaction. A split tender transaction allows you to use the remaining Balance on your Card to pay for part of the transaction amount and cover the difference with another form of payment (e.g. cash, cheque, credit or debit). If you fail to inform the merchant that you would like to complete a split tender transaction prior to using your Card, your Card may be declined. Merchants do not have to and may not agree to accept split tender transactions.
Personal Information: By applying for a Card, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust Company and its service providers as described below. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use a Card.
Detailed Terms and Conditions
“Agreement” means this Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to in this Cardholder Agreement, which governs your use of the Koho Visa Prepaid Card.
“Applicable Law” means the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), Canada’s Anti-Spam Legislation (CASL), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), or any other statute, regulation, voluntary code or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust Company and/or Koho are subject to, or any bylaw, operating rule or regulation of Visa.
“ATM” means an Automated Teller Machine.
“Balance” means the amount of the funds loaded to the Card.
“Card” or “Koho Card” mean the Koho Visa Prepaid Card purchased, activated, received or used by the cardholder.
“Cardholder” means you or any other individual who requests, activates, signs, receives or uses the Card.
“Canada’s Anti-Spam Legislation (CASL)” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada), and its regulations, as may be amended from time to time.
“Governmental Authority” means any federal, provincial, territorial, regional, municipal or local governmental authority, quasi-governmental authority (including the Office of the Superintendent of Financial Institutions), government organization, commission, board, professional agency, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, in each case to the extent it has jurisdiction over Peoples Trust Company and/or Koho or any Person, property, transaction, activity, event or other matter related to this Agreement. The above definition is deemed to include any interim or permanent transferee or successor of a Government Authority’s underlying mandate, function or activity.
“Koho App” means the Koho mobile application available from Apple Store and Google Play.
“Load” or “loading” mean adding funds to the Card to obtain a Balance.
“PCI DSS” means a multifaceted security standard defined by Payment Card Industry Security Standards Council and includes requirements for security management, policies, procedures, network architecture, software design and other critical protective measures.
“Person” means an association, a corporation, an individual, a partnership, a trust, an unincorporated organization or any other entity or organization.
“PIN” means a Personal Identification Number used with your Card at ATMs for additional security.
“POS” means point of sale, where you can use the Card to purchase goods or services from a merchant.
“Transaction Amount” means the amount that is debited from the Balance in connection with your use of the Card.
“Visa” means Visa Int. and its successors and assigns.
“we”, “us”, “our”, and “issuer” each mean Peoples Trust Company and Peoples Card Services LP and our successors, subsidiaries, affiliates or assignees.
“Website” means www.koho.ca.
“you”, “your”, and “yours” mean the Cardholder and any other person you allow to use the Card, whether or not permitted by the Agreement.
Use and Ownership of your Koho Card
Your Koho Card is reloadable and the methods available for adding or transferring funds to your Card are listed on the Website. The Koho Card is owned by us and will remain our property. We will mail the Koho Card to the address you provide.
You will be solely and completely responsible for the possession, use and control of the Koho Card. If we request it, you must return the Koho Card to us immediately. Your Koho Card may not be used for any illegal transactions or purposes. If you authorize another person to use the Koho Card you agree, to the extent permitted by Applicable Law, that you will be liable for all transactions arising from use of the Koho Card by such person. You must sign the back of your Koho Card immediately upon receipt and before making any use of the Koho Card.
Loading Funds onto Your Koho Card
To load funds onto your Koho Card, you can use any of the methods that are listed on the Website. Subject to applicable Koho Card fees, funds loaded to the Koho Card will be available immediately after the load is confirmed by us. The time before funds become available may vary between load methods. Neither the funds provided by you to load the Koho Card, nor the Balance on the Koho Card are a deposit, and they do not establish a separate individual deposit account. You will not receive interest on the Balance or on any funds you load onto the Koho Card.
Using Your Koho Card as a Method of Payment
Subject to the terms of this Agreement, you may access the Balance available on your Koho Card to purchase goods and services wherever Visa is accepted, including mail order, online and POS retail merchants. The Koho Card includes a PIN that can be used to withdraw up to the amount of the Balance available on the Koho Card in cash at ATMs displaying the Visa or Plus* acceptance marks. When you use the Koho Card, the amount of the purchase or withdrawal, plus any applicable fees and taxes, will be deducted from the available Balance associated with your Koho Card.
You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on your Koho Card, and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on your Koho Card. You do not have the right to stop the payment of any transaction you conduct with the Koho Card. We are not liable to you for declining authorization for any particular transaction, regardless of our reason. We may, in our sole discretion, cancel or suspend this agreement or any features or services of the Koho Card at any time, with or without cause, with thirty (30) days’ notice to you or as otherwise required by Applicable Law.
If you use your Koho Card for card-not-present transactions (such as online, mail or telephone purchases), the legal effect is the same as if you used the physical Koho Card.
Some merchants (including, but not limited to, fuel stations, restaurants, hotels, cruise lines or car rental companies) may pre-authorize the transaction amount for the purchase amount plus up to 20% (or more) above the purchase amount to ensure there are sufficient funds available on your Koho Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Koho Card Balance will not cover the transaction amount plus the additional amount.
A pre-authorization places a ‘hold’ on an amount of your available Koho Card funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the pre-authorization amount on hold in excess of that final payment amount will be released. The time it takes for a pre-authorization hold to be removed may vary depending on the type of merchant. The hold is typically removed within fourteen (14) days for most standard merchants, and within forty-five (45) days for hotels, cruise lines and car rental agencies. During the hold period, you will not have access to the pre-authorized amount.
Access to Your Koho Card Balance
You may obtain information about the remaining Balance on the Koho Card by accessing the Koho App or by calling us toll-free at 1-855-564-6999 (KOHO-999). Transaction history information is available in the Koho App. We will, upon your request and for the fee stated in the table marked ‘Fees’ in the Information Disclosure Summary section, mail to you a written statement of transactions made with your Koho Card. You should receive a paper record of each POS transaction or ATM transaction for which you use the Koho Card. It is your responsibility to obtain such a record and ensure that it is accurate. We are not responsible for providing you with any transaction record or periodic statement.
Insufficient or Negative Balance, Inactivity, and Excess Credit
In the event that, due to a systems malfunction or for any reason whatsoever, you receive cash or credit in excess of what has been paid by you, we may correct such error when discovered and adjust the Balance available on the Koho Card. You agree to reimburse us, for any excess cash or credit received, upon demand.
You are not allowed to exceed the Balance available on your Koho Card for any transaction or cash withdrawal. It is your responsibility to ensure that there is a sufficient Balance on your Koho Card to cover transactions. Your Koho Card Balance will reflect all transactions that have been posted to our system. You are not allowed to exceed the Balance available on your Koho Card for any transaction. If you attempt to use the Koho Card when there is insufficient Balance available to cover the full transaction amount, the transaction in most instances will be declined. You do not have the right to stop the payment of any transaction you conduct with the Koho Card. We are not liable to you for declining authorization for any particular transaction, regardless of our reason.
In the event that there is not a sufficient Balance on the Koho Card to pay fees, we may deactivate the Koho Card without notice.
Transactions Made in Foreign Currencies
We convert any transactions made in a foreign currency to Canadian dollars using a Visa conversion rate in effect on the day the transaction is posted to your Koho Card. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. The Visa conversion rate is the rate that we pay to Visa plus a foreign exchange service charge of 1.5%. This rate may not be the same as the rate that existed on the date the transaction was made.
However, if a foreign currency transaction is refunded to your Koho Card, the Visa conversion rate used to convert your refund to Canadian dollars for your Koho Card is the rate that we pay to Visa minus the foreign exchange service charge of 1.5%. Additionally, the rate that we pay to Visa may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to your Koho Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to your Koho Card for that transaction.
The Koho Card will be valid and usable while a Balance remains on the Koho Card and before the expiration date of the Koho Card, whichever occurs first. Contact customer service to receive a replacement Koho Card with a new, extended expiry date provided that your Koho Card is in good standing.
Protection Against Loss, Theft, or Unauthorized Use
If your Koho Card is lost or stolen, you will be asked to provide us with the name on the Koho Card and client number, and to answer an identifying question drawn from your personal information. If you lose the Koho Card, someone might be able to use the Balance on the Koho Card. It can be used without a PIN to make purchases. We will refund any remaining Balance (less the Refund processing fee stated in the table marked ‘Fees’ in the Information Disclosure Summary section) after we have processed all transactions completed before we had an opportunity to act on your information or, if the Visa Zero Liability Policy applies, all transactions we are entitled to process pursuant to the Visa Zero Liability Policy. Customer service is available by calling 1-855-564-6999 (KOHO-999) seven (7) days a week, twenty-four (24) hours a day that will allow immediate cancellation of the Koho Card upon your request.
A replacement Koho Card with any remaining Balance (less our fees as stated in the table marked ‘Fees’ in the Information Disclosure Summary section) will be issued within two business days (2) days after you report the Koho Card lost or stolen, and consent to a card re-issue.
With the Visa Zero Liability Policy, you will not be liable for any unauthorized transactions made with your lost or stolen Koho Card unless you have been grossly negligent or have engaged in fraud. You must establish to our satisfaction that you are not responsible for the disputed transaction. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days once all the paperwork has been received and confirmed by us, and may require a police investigation.
Collecting and Using Your Personal Information
Personal Information Consent
By applying for a Koho Card, you consent to the collection, use, disclosure and retention of your personal information by us and its service providers for purposes relating to your application for a Koho Card and your use of a Koho Card (if issued to you) and as otherwise described below. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use a Koho Card. As explained below, you may withdraw your consent at any time by cancelling your Koho Card and all related services from us.
What We Collect
We and our service providers will collect information about you (e.g. your name, address, telephone number and date of birth) when you apply for a Koho Card and, if a Koho Card is issued to you, we and our service providers will collect information about you and your use of the Koho Card and related services, including information about your Koho Card transactions (e.g. the date, amount and place of each transaction) (all collectively “Cardholder Information”). We and our service providers will collect your Cardholder Information directly from you and from other sources, including Koho and third party providers of identity verification, demographic and fraud prevention services.
What We Retain and Disclose
We will disclose your Cardholder Information to our service providers to assist us to provide services to you and to provide related services to us.
We and our service providers will use, disclose and retain your Cardholder Information to process your application for a Koho Card (including to verify your identity) and, if a Koho Card is issued to you, to provide you with services relating to your Koho Card (including to administer your Koho Card and to process your Koho Card transactions), to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law.
We and our service providers may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). The personal information protection laws of those countries might be different from the laws of the jurisdiction in which you are located, and might permit courts, government, law enforcement and regulatory agencies and security authorities to access your Cardholder Information without notice.
We will use and rely on your Cardholder Information to issue and administer your Koho Card and provide related services. We and our service providers will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform us (by contacting customer service at 1-855-564-6999 (KOHO-999)) of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information.
We and our service providers may use your Cardholder Information (including your phone number and your email address) to contact you, including by regular and electronic mail, telephone call (including by pre-recorded or artificial voice messages and automatic telephone dialling systems) and instant messaging, regarding your Koho Card and related matters, regardless of whether you incur any long distance or usage charges as a result.
We and our service providers may monitor and record their communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes.
Withdrawing Your Consent
You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by contacting customer service (at 1-855-564-6999 (KOHO-999)) and cancelling your Koho Card and all related services from us. If you withdraw your consent, we will continue to collect, use, disclose and retain your Cardholder Information for as long as may be reasonably required to perform services relating to the cancellation of your Koho Card, to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law.
Use by Koho or Other Parties
In addition to the foregoing, if you consent to Koho or other third party collecting and using your personal information (including Cardholder Information) for their own purposes (not as our service provider), including to send marketing and promotional messages to you, then we will not have any control over, and will not be responsible or liable for, the collection, use, disclosure and retention of your personal information by Koho or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by Koho or third party.
The restrictions and requirements described above do not apply to Cardholder Information that is aggregated or otherwise de-personalized and does not identify you.
You are responsible for informing us of any change in your mailing or email address and for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic mail. For the most recent version of the Cardholder Agreement, fees, or terms and conditions, visit the Website.
Disputes and Complaints
If you believe a transaction on your Koho Card is incorrect, you must notify us of your dispute within sixty (60) days of the transaction date. Following your notification, you will need to complete and email a dispute form to the customer service team within ninety (90) days of the transaction date. You can obtain a dispute form by calling customer service at 1-855-564-6999 (KOHO-999) or by emailing email@example.com. Please note that this form must be received within ninety (90) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction.
If you identify an error in any transaction record, you must address such error with the applicable merchant or ATM operator. If there is any dispute in regard to purchases you make using the Koho Card, you agree to settle such disputes with the merchant from whom the purchase was made. Please ask the merchant for any return policy that may apply to purchases made with the Koho Card. We are not responsible for any problems you may have with any goods or services that you purchase with your Koho Card, whether with regard to quality, safety, legality, or any other aspect of your purchase. If you are entitled to a refund for any reason for goods or services obtained with the Koho Card, you agree to accept credits to the Balance on your Koho Card in place of cash.
If you have a complaint or inquiry about any aspect of your Koho Card, first attempt to resolve the complaint or inquiry by calling our toll-free customer service number at 1-855-564-6999 (KOHO-999). If customer service is unable to resolve the complaint or inquiry to your satisfaction, please call us at 1-855-694-6214 or submit your complaint or inquiry through the form found on our website: http://forms.peoplestrust.com/contact/contact.html. We will do our best to resolve your complaint or inquiry.
If for some reason we are unable to resolve the issue to your satisfaction, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If the Cardholder has a concern regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, the concern may be communicated at any time to the Financial Consumer Agency of Canada, either in person, by letter, by telephone, or through its website at:
Financial Consumer Agency of Canada
427 Laurier Avenue West, 6th Floor
Ottawa, ON, K1R 1B9
Our complaints policy can be found online at: http://www.peoplestrust.com/about-us/resolving-your-concerns/
The following legal terms and conditions also form part of your Agreement with us.
Subject to the limitations of Applicable Law, we may from time to time amend any term or condition of this Agreement or add a new term or condition, including increasing or adding new fees (an “Amendment”). If we are increasing an existing fee or adding a new fee, we will post such Amendment on our website at least sixty (60) days in advance of the Amendment taking effect and, at least thirty (30) days before the Amendment comes into force, send you, at the most recent mailing or email address that we have on record for you, a written notice drawn up clearly and legibly, setting out the new clause(s) only, or the amended clause(s) and the clause(s) as it (they) read formerly, the date of the coming into force of the Amendment and your rights set forth below. The change will take effect on the date indicated in the notice. For any other Amendment we will post such Amendment on our website at least thirty (30) days in advance of the Amendment taking effect.
You may refuse the Amendment and rescind this Agreement without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the Amendment comes into force, if the Amendment entails an increase in your obligations or a reduction in our obligations. If you choose to rescind this Agreement, the Cancellation section of this Agreement will apply. You are responsible for informing us of any change in your mailing or email address, by contacting customer service at 1-855-564-6999 (KOHO-999), and for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic mail.
You may notify us by delivering notice to the Distributor via the Koho App or sending us notice through electronic mail to firstname.lastname@example.org (other than notification of a lost or stolen Card, which may only be done by telephone as set out above). Notice will be deemed to be received on the date of delivery of notice to us or the Distributor, as applicable, and the next business day after electronic mail.
You may at any time terminate this Agreement by calling 1-855-564-6999 (KOHO-999) or notifying the Koho team in writing. We recommend spending your available Balance down to $0.00 before cancelling the Card. Once we have received notice to cancel the Card, Koho will then transfer to you any remaining Balance on your Card within forty-five (45) business days.
We may terminate this Agreement at any time, at which time you will immediately return the Card to us or as we direct. We or the Distributor will reimburse you any remaining Balance on the Card less outstanding fees and such other amounts required by Applicable Law. Despite any termination of this Agreement, you must fulfill all of your obligations under this Agreement.
No Warranty of Availability or Uninterrupted Use
From time to time Koho Card services may be inoperative, and when this happens, you may be unable to use your Koho Card or obtain information about the Balance on your Koho Card. Please notify us if you have any problems using your Koho Card. You agree that we are not responsible for any interruption of service.
Although considerable effort is made to ensure the Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance or Website changes or failures, nor will we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labour disputes or armed conflicts. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment.
You agree to act responsibly with regard to the Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.
Third Party Claims
In the event we reimburse you for a refund claim you have made, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Koho Card, you are automatically deemed to assign and transfer to us any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Koho Card. You agree that you will not pursue any claim against or reimbursement from such third party for the amount that we paid or credited to your Koho Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited to you. If we do not exercise our rights under this section, we do not give up our rights to exercise them in the future.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
Neither WE nor Koho will be liable in any way for any dispute arising out of the purchase of merchandise or services using the koho Card or the failure of any retailer to honour the koho Card or the failure of an ATM machine to dispense cash. WE and koho are not responsible for any failure to supply, lack of suitability or quality of any goods or services purchased from retailers through the use of the Card. Neither WE nor Koho will be liable for any action or failure to act of a retailer or a refusal by a retailer to honour the koho Card, whether or not such failure or refusal is as a result of any error or malfunction of equipment used to effect an authorization of the koho Card. WE will not be liable for any damage, loss or inconvenience you may incur if you are unable to use the koho Card as a result of any failure, error, malfunction or technical problem with or at our Distributors or with our service providers’ systems or equipment, or with an ATM.
Except as expressly required by this Agreement or Applicable Law, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faith. ALSO Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, riots, failure of merchants to honour the koho Card, failure of merchants to perform or provide services, failure of communication systems, or failures of or difficulties with our equipment or systems. Without LIMITING THE foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any Internet service, any payment system or any customer service function. In the event that we are held liable to you, you will only be entitled to recover your actual and direct damages. In no event YOU WILL be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages.
At our sole discretion, we may assign (legally transfer) to another person or company our rights and responsibilities under this Agreement at any time and without notice to you. If we do make such an assignment, then this Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns.
This sets out the entire agreement between the parties with respect to the use of the Koho Card. This Agreement replaces all prior agreements and understandings between the parties with respect to the Koho Card.
The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable herein.
Section headings in this Agreement are for convenience of reference only, and will not govern the interpretation of any provision of this Agreement.
If any part of this Agreement is found to be invalid or unenforceable by any court or government agency of competent jurisdiction, that invalidity or unenforceability will not affect the remainder of this Agreement, which will survive and be construed as if such invalid or unenforceable part had not been contained herein.
If you have questions regarding the Koho Card or this Agreement, or if you have a complaint, you can visit the Website, or call customer service at 1-855-564-6999 (KOHO-999), or write to Koho Customer Service: 325 Front St. W, 4th Floor | Toronto | ON M5V 2Y1 | Canada
Effective: 26 June, 2017
*Trademark of Visa Int., used under licence by Peoples Trust Company