KOHO Card Cardholder Agreement

This cardholder agreement is for the following cards: KOHO Visa* Prepaid Card, KOHO x Canada Life Visa Prepaid Card, and KOHO Premium Visa Prepaid Card.

Your acceptance and use of your KOHO Visa Prepaid Card, KOHO x Canada Life Visa Prepaid Card or KOHO Premium Visa Prepaid Card, as applicable, is subject to the terms set out in this Agreement. By using your Card or allowing anyone else to use your 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 “good thru” date, simply contact customer service at 1-855-564-6999 for instructions on how to receive a replacement Card free (see KOHO Visa Prepaid Metal Card for details) of charge or the return of your funds.

Fees: By registering and using your Card, you agree that you have been advised of the fees and you agree to pay all fees charged under this Agreement. The Fees are subject to change. You will be notified in advance of these changes so please keep the contact information associated with your Card up-to-date.

KOHO CARD FEES+	KOHO Visa Prepaid Card	KOHO Premium+	KOHO x Canada Life
NEW KOHO Card	Free	Free	Free
KOHO Metal Card+	$159	$159	Not Applicable
KOHO Metal Card Replacement+	$100	$100	Not Applicable
Activation Fee	Free	Free	Free
Purchases	Free	Free	Free
Electronic funds transfer from your bank account+	Free	Free	Free
INTERAC e-Transfer+	Free	Free	Free
Direct Deposit	Free	Free	Free
Direct Debit Payment	Free	Free	Free
Live Customer Service (per call)	Free	Free	Free
KOHO Card Cancellation Fee	Free	Free	Free
Refund Processing Fee	Free	Free	Free
ATM Withdrawals+	Free	Free	Free
Inactivity Fee (starting month 13 after activation, billed monthly if your card has not been used for ninety (90) days)	$1.00	$1.00	$1.00
Foreign Exchange Transaction Fee+	1.5%	Free	1.5%
Monthly Premium Subscription Fee+	Not Applicable	$9.00	Not Applicable
Visa Direct Load Fee per transaction (for transactions of or under $300)	75 ¢	75 ¢	75 ¢
Visa Direct Load Fee per transaction (for transactions over $300)	Free	Free	Free

+You’ll be notified before any changes are made to the fee schedule. See the Amendments and Other Legal Requirements section for more details.
+The KOHO Metal Card price is not inclusive of any applicable taxes.
+Your financial institution may charge additional fees for the electronic funds transfer from your bank account, over which we have no control.
+Additional fees for ATM withdrawals may be charged by the ATM operator, over which we have no control. For Premium Cardholders, we will cover any international ATM fee for the first ATM withdrawal on a thirty (30) day rolling basis.
+More information about Foreign Exchange Transaction Fee is included in the Transaction Made in Foreign Currencies section of this Agreement.
+More information about the Monthly Premium Subscription Fee is included in the Premium Card Benefits section of this Agreement.

KOHO Program Fees applicable for a KOHO Program may be debited from your Balance when you access or subscribe to a product or service under a KOHO Program. For more information, please see your agreement with KOHO for the applicable KOHO Program or visit [https://www.koho.ca/legal] for KOHO Program fees.

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 will need to download the KOHO mobile application from the App Store or Google Play™ or call the customer service toll-free number at 1-855-564-6999 (KOHO-999).

Card Restrictions: Cardholders must be of the age of majority in the province or territory where they reside and are restricted to (i) one metal/plastic and one virtual KOHO Visa Prepaid Card per person; or (ii) one metal/plastic and one virtual KOHO Premium Visa Prepaid Card per person; or (iii) one plastic and one virtual KOHO Canada Life Visa Prepaid Card per person. Use of your Card in certain countries may be restricted by Applicable Law. Pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from your Card, will be processed as they are received and deducted from your available balance, which may change as you use your Card. At the time we process the PAD, Peoples Trust Company will reject the PAD if funds are not available on your Card, or a PAD transaction is deemed suspicious pursuant to KOHO’s risk management and financial crime policies. Peoples Trust Company will not be liable for any costs incurred by you as a result of such rejected PAD. Your Card may be deactivated at any time if fraud, related to your Card or use of your Card, is suspected. You do not have the right to stop the payment of any transaction you conduct with the Card. You may not use your Card to commit or facilitate any illegal or prohibited activity. 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. The Card is subject to maximum transaction limits, as set out below. Peoples Trust Company may change these limits in accordance with Applicable Law and will post notice on www.koho.ca at least thirty (30) days in advance of the date such change is to come into effect. The change will take effect on the date indicated in the notice. Your continued use of the Card, after the change to the limits has come into effect, will be taken as your acceptance of that change. The change will take effect on the date indicated in the notice. Your Card (or card number) cannot be used for “cashback” transactions where a merchant charges you an amount greater than the price of the goods and services purchased. Your Card may also not work at unattended terminals (such as parking or pay at the fuel pump stations).

Who Issues Your KOHO Card: The KOHO 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 Card. KOHO is a service provider for Peoples Trust Company for the purposes of managing some aspects of the KOHO Card program, such as providing balance information to Cardholders and delivering communications from Peoples Trust Company to Cardholders through the KOHO App or Website or using contact details provided through the KOHO App. Where relevant to our relationship with you those services are referenced in this Agreement. KOHO may offer and provide services to Cardholders as a service provider to the Cardholders, and not on behalf of Peoples Trust Company. Those KOHO services provided to you by KOHO are subject to agreements, if any, between you and KOHO. PEOPLES TRUST COMPANY DOES NOT PROVIDE THOSE KOHO SERVICES AND IS NOT RESPONSIBLE FOR THEM, OR ANY LOSS, HARM OR DAMAGE OF ANY KIND YOU MAY SUFFER AS A RESULT OF USING KOHO SERVICES ON ANY THEORY OF LIABILITY, LEGAL, EQUITABLE OR OTHERWISE.

KOHO CARD LIMITS*	KOHO Visa Prepaid Card and KOHO x Canada Life	KOHO Premium
Maximum Card Balance*	$20,000	$40,000
Maximum number of Loads per day (Including card to card)	20	40
Maximum number of Loads per month (Including card to card)	60	120
Maximum amount per single Load transaction	$10,000	$15,000
Maximum daily cumulative amount, Loads	$10,000	$15,000
Maximum monthly cumulative amount, Loads	$40,000	$45,000
Maximum number of Point of Sale (“POS”) transactions per day	15	20
Maximum amount per single POS transaction	$3,000	$3,000
Maximum daily cumulative amount, POS	$3,000	$3,000
Maximum monthly cumulative amount, POS	$30,000	$40,000
Maximum number of ATM transactions per day	5	5
Maximum amount per single ATM transaction	$300	$400
Maximum daily cumulative amount, ATM	$600	$800
Maximum monthly cumulative amount, ATM	$3,000	$4,000
Maximum amount per single Card to Card Transfer transaction	$1,000	$1,500
Maximum daily cumulative amount, Card to Card Transfer	$2,000	$2,000
Maximum daily Direct Deposit amount	$20,000	$20,000
Maximum number of Direct Deposit transactions per day	4	4
Maximum monthly Direct Deposit amount	$20,000	$30,000
Maximum number of Direct Deposit transactions per month	60	60
Maximum daily e-Transfer amount	$5,000	$10,000
Maximum number of e-Transfer transactions per day	10	20
Maximum monthly e-Transfer amount	$20,000	$40,000
Maximum number of e-Transfer transactions per month	60	120
Maximum EFT Load transaction per request	$2,000	$2,000
Maximum EFT Load transaction per day	$2,000	$4,000
Maximum number of EFT Load transactions per day	8	12
Maximum EFT Load transaction per month	$20,000	$30,000
Maximum Number of EFT Load Transactions Per Month	60	60
Maximum Visa Direct Load per transaction	$5,000	$5,000
Maximum Visa Direct Load per day	$5,000	$5,000
Maximum Visa Direct Load per month	$20,000	$20,000
Maximum number of Visa Direct Load per month	20	20
Maximum number of Visa Direct Load per day	4	4
Maximum daily e-Transfer amount	$5,000	$10,000

* These limits are determined based upon our risk management and financial crime compliance policies and may change from time to time. This chart is representative and reflects the limits at the time of publication of this Agreement. Current limits and a full copy of this Agreement are always available at https://www.koho.ca/legal. You should regularly check these limits to ensure you have current information and monitor your KOHO App notifications for changes.
* Peoples Trust Company uses a 30-day rolling window to enforce these limits. These limits are determined based upon our risk management and financial crime compliance policies and may change from time to time. This chart is representative and reflects the limits at the time of publication of this contract. Current limits and a full copy of this agreement are always available at https://www.koho.ca/legal/. You should regularly check these limits to ensure you have current information and monitor your KOHO App notifications for changes.
* KOHO Maximum Card Balance Limit does not apply to KOHO users who have opted into KOHO Save. All other limits will continue to apply.

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. In the case of a Joint Account, you may only use the Card and PIN issued to you. 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 lock your Card in the mobile application and notify customer service by messaging via the KOHO App chat or by calling 1-855-564-6999 (KOHO-999) seven (7) days a week, twenty-four (24) hours a day. 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.

KOHO Visa Prepaid Metal Card: This section applies only to the KOHO Visa Prepaid Metal Card. If your card is stolen, lost or otherwise misplaced, in addition to the stipulations listed above, you must pay a fee of $100 in order to receive a replacement KOHO Visa Prepaid Metal Card. If you choose to not order a replacement KOHO Visa Prepaid Metal Card, you can contact KOHO customer service by messaging via the KOHO App chat or by calling 1-855-564-6999 (KOHO-999) seven (7) days a week, twenty-four (24) hours a day to place an order to receive a KOHO Visa Prepaid Card (plastic) free of cost.

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.

Key Cardholder Responsibilities under this Agreement:

• You must take all reasonable steps to protect the Card (and PIN, if applicable) against loss, theft, or unauthorized use. If you lose the Card (or PIN), you must call customer service immediately.
• You must activate the Card as instructed upon receipt of the Card.
• You must surrender the Card to us immediately upon request by us.
• You must ensure that there is a sufficient Balance on the Card to cover the full amount of transactions made with the Card.
• If your information associated with the Card changes, you must notify us of the change(s).
• If you become aware that your information associated with the Card is incorrect, you must notify us of the correct information.
• If you find an error in any transaction record, you must communicate the error to the merchant with whom you made the transaction.
• If you wish to dispute a transaction on your Card, you must notify us in writing of your dispute within sixty (60) days of the transaction date.
• You must only use our online resources as set out in ‘Website and Availability’, below.

Detailed Terms and Conditions Definitions

“Account” or “KOHO Account” refers to your regular, joint or premium account (or a combination of those accounts) with KOHO to facilitate your Balance savings or spending conducted via your Card supported by the KOHO App.

“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 govern your use of the KOHO Visa Prepaid Card, KOHO Premium Visa Prepaid Card or the KOHO x Canada Life Visa Prepaid Card.

“Amendment” refers to any change to a term or condition of this Agreement or to the addition of a new term or condition.

“Applicable Law” means the Trust and Loan Companies Act (Canada), The Personal Information Protection and Electronic Documents Act (Canada), the Act Respecting the Protection of Personal Information in the Private Sector (Quebec), the Consumer Protection Act (Quebec), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, Canada’s Anti-Spam Legislation (CASL), PCI DSS or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust Company and 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 and reflects the total amount of funds in your Spendable and Savings Goal.

“Bill Pay” means the KOHO functionality available for users to pay bills by adding in the recipient institution as a payee.

“Card” or "KOHO Card" means a plastic, virtual or metal KOHO Visa Prepaid Card, KOHO Premium Visa Prepaid Card, or KOHO x Canada Life Visa Prepaid Card.

“Cardholder” means you, or for Cardholders on a Joint Account, each of you, or any other individual who requests, activates, receives or uses the Card. The Cardholders of Joint Accounts are also referred to as “Joint Cardholders”.

“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.

“Canadian ShareOwner Investments” means Canadian ShareOwner Investments Inc. which is a wholly owned subsidiary of Wealthsimple Financial Corp. (Canada) and a member of the Investment Industry Regulatory Organization of Canada and the Canadian Investor Protection Fund. Investing products and services offered in connection with KOHO Save are provided by Canadian ShareOwner Investments.

“Direct Debit” means a form of payment where you enter into a pre-authorized debit (PAD) agreement with a biller and provide payment details so that the biller can pull funds to their bank account to pay your bills, and have the amount charged to your Card. You may also enter into a pre-authorized debit agreement with other financial services providers to manage your finances, for example, to move funds from your Card into your investment accounts. For convenience, all service providers who pull funds from your Card under a PAD agreement are referred to as a “Direct Debit Payee” in this Agreement.

“Direct Deposit” is a form of load where you enter into a direct credit arrangement with your employer or Governmental Authority so that your payroll or Government benefits are automatically paid in a manner that permits them to be loaded on your Card.

“Direct Deposit and Payment Details” means the transit, institution and “account” numbers available through the KOHO App to permit Payroll Direct Transfers and Direct Debits to be processed. The account number provided refers to a payment processing account that we create for our own use only, to allow us to process Direct Debit payments chargeable to your Card and Direct Deposit to your Card. It does not reference a deposit account held by you or for your use.

“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.

“Joint Accounts” means two Cards which are linked so that one single Balance may be accessed and used by either Cardholder using either Card. (Joint Accounts are not available for KOHO Premium Visa Prepaid Cards. This section applies only to KOHO Visa Prepaid Cards.)

“KOHO” when referred to as a person or entity, means KOHO Financial Inc. and its successors, subsidiaries, affiliates or assignees.

“KOHO App” means the KOHO mobile application operated by KOHO and available from the App Store and Google Play™.

“Load” or “loading” means adding funds to the Card to obtain a Balance.

“Net Purchase” means the full amount charged to a Card for a purchase of goods and/or services made by a Cardholder, excluding: (i) returns; (ii) cash advances, (iii) fees; and (iv) adjustments;

“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.

“Premium Card” means the KOHO Premium Visa Prepaid Card purchased, activated, received or used by the Cardholder.

“Premium Card Benefits” means access to additional rewards, features and offers, available to Cardholders subscribed to the KOHO Premium Visa Prepaid Card.

“Savings Goal” means funds virtually separated from your Spendable by a pre-set determination to meet a set goal.

“Spendable” means the totality of the funds in your KOHO Account you have available to spend without using funds available in your Savings Goal (if set up).

“Transaction Amount” means the amount that is debited from the Balance in connection with your use of the Card, which includes the amount of the Balance to be transferred, the Card service charges and the taxes imposed to complete the transaction.

“Visa” means Visa International Incorporated and its successors and assigns.

“Visa Conversion Rate” means the rate that we pay to Visa to convert foreign currency to Canadian currency plus foreign exchange charge.

“we”, “us”, “our”, and "issuer" each mean Peoples Trust Company and our successors, subsidiaries, affiliates or assignees.

“Website” means the www.koho.ca website operated by KOHO.

“You”, “your”, and “yours” mean the Cardholder and any other person the Cardholder allows to use the Card, whether or not permitted by the Agreement.

KOHO CARD USE

Acceptance: This Agreement constitutes a binding agreement between you and issuer with respect to the terms of use of the Card. By purchasing, activating and/or using your Card you agree to be bound by and accept the terms and conditions set out in this Agreement.

Use and Ownership of your KOHO Card: Your KOHO Card is reloadable.

Only people who can lawfully enter into contracts and are the age of majority in the Canadian province or territory where they live can have a Card. We may refuse to issue a Card to you or allow you to use your Card to make a purchase at any time and for any reason. The Card is owned by us and will remain our property. We will mail the Card to the address you provide. You will be solely and completely responsible for the possession, use and control of the Card. If we request it, you must return the Card to us immediately. Your Card may not be used for any illegal or prohibited transactions or purposes. If you authorize another person to use the Card you agree, to the extent permitted by Applicable Law, that you will be liable for all transactions arising from use of the Card by such person.

Loading, Allocating, or Obtaining Repayment of Funds on Your KOHO Card: Load, savings allocation, and repayment services are provided by KOHO or its service providers, and not by us. You agree that KOHO, or its service providers, act as your authorized agent, and not ours, and have your full authority to instruct us with respect to loading, allocating funds for savings purposes or paying funds to KOHO or its service providers for return to you. You agree that we may accept instructions to Load funds on your Card, to allocate and lock off funds loaded on your Card for saving purposes or to pay funds to KOHO or its service providers for return to you by KOHO or its service providers, as if we received those instructions directly from you in writing. When funds are allocated for savings purposes you may not be able to access or use them when making purchases on your Card unless you unlock them by contacting KOHO or through the KOHO App. Locking funds for savings purposes could result in transactions being refused by us for insufficient funds even if the funds are loaded on your Card. In order to permit repayment of funds on your Card to you, you agree that we may debit your Card for amounts that KOHO, or its service providers, request that we pay service providers for you, and that we are not obligated to ensure that KOHO or its service providers deal with any funds paid to them in accordance with your instructions to them. YOU ALSO AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY ERRORS MADE OR LOSS CAUSED BY KOHO OR ITS SERVICE PROVIDERS IN PROVIDING US WITH LOAD, SAVINGS ALLOCATION OR REPAYMENT INSTRUCTIONS UNDER ANY CIRCUMSTANCES, INCLUDING IF KOHO OR ITS SERVICE PROVIDERS ARE NOT ACTING ON OR IN ACCORDANCE WITH PROPER OR GENUINE INSTRUCTIONS FROM YOU. In such cases, you agree that you will not make or advance any claim against us, and that your sole claims, if any, shall be against KOHO or its service providers who provided us with instructions, and subject to the terms of any agreements you may have with those parties. Methods available for loading or requesting repayment of funds on your Card, or allocating funds for savings purposes, may be obtained on the Website, through the KOHO App, or otherwise from KOHO. You may be required to enter into other agreements with KOHO or its service providers to obtain these services.

Subject to applicable fees, funds loaded to your 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 Card nor the Balance on the 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 Card. Where repayments are requested, funds will be debited against your Balance when we receive instructions from KOHO or its service providers to make payment to them. Payment and processing times from KOHO or its service providers are not within our control.

Using Your KOHO Card as a Method of Payment: Subject to the terms of this Agreement, you may access the Balance available on your Card to purchase goods and services wherever Visa is accepted, including mail order, online and POS retail merchants. The Card includes a PIN that can be used to withdraw up to the amount of the Balance available on the Card, or, if lower, the maximum amount permitted under this Agreement, in cash at ATMs displaying the Visa or Plus* acceptance marks. When you use the Card, the amount of the purchase or withdrawal, plus any applicable fees and taxes, will be deducted from the available Balance associated with your Card.

You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on your Card, and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on your 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 any features or services of the Card at any time, with or without cause, as permitted by Applicable Law. When required, we will send you notice before doing so.

If you use your 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 plastic or metal 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 Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if your Balance will not cover the transaction amount plus the additional amount. A pre-authorization places a ‘hold’ on an amount of your available 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 between five (5) and fifteen (15) business days for most standard merchants, including hotels, cruise lines and car rental agencies. During the hold period, you will not have access to the pre-authorized amount.

You may also use your Card to pay some of your bills, or manage and move your funds, by Direct Debit, where the Direct Debit Payee accepts payment in this way. To make payment by Direct Debit you must first obtain the Direct Deposit and Payment Details for your Card from KOHO. These payment details are different from your Card number. You may use the Direct Deposit and Payment Details to provide payment instructions in a pre-authorized debit agreement you enter into with a Direct Debit Payee. If you do not obtain and provide accurate Direct Deposit and Payment Details to the Direct Debit Payee, the request for payment will not be received or processed. You are also responsible for ensuring that you have adequate funds on your Card to make all Direct Debit payments that you authorize before the payment request(s) are received. YOU UNDERSTAND THAT YOUR DIRECT DEPOSIT AND PAYMENT DETAILS ARE SENSITIVE INFORMATION AND MAY BE USED TO ACCESS FUNDS LOADED ON YOUR CARD. YOU AGREE THAT ALL OBLIGATIONS THAT YOU HAVE UNDER THIS AGREEMENT TO PROTECT AND DISCLOSE ANY COMPROMISE TO YOUR PIN APPLY WITH EQUAL FORCE TO YOUR DIRECT DEPOSIT AND PAYMENT DETAILS, EXCEPT THAT THEY MAY BE USED AND DISCLOSED BY YOU TO A DIRECT DEBIT PAYEE WITH WHOM YOU ENTER INTO A DIRECT DEBIT ARRANGEMENT OR TO PERMIT A DIRECT DEPOSIT. If you request and use Direct Deposit and Payment Details you understand that you do so at your own risk. However, if a Direct Debit is wrongly processed to your Card you may be able to make a reimbursement claim. To make a reimbursement claim you must contact KOHO to obtain the appropriate forms and documents and submit a reimbursement claim in writing in a timely manner. You acknowledge and agree that our only obligation in seeking reimbursement for a Direct Debit made to your Card is to submit your claim, when provided to us by KOHO or by you, in accordance with the payments rules which regulate Direct Debit arrangements. Reimbursement claims may be possible for up to ninety (90) days for consumer transactions or up to ten (10) days for business transactions.

Access to Your KOHO Card Balance: You may obtain information about the remaining Balance on the Card by accessing the KOHO App or by calling customer service’s toll-free number 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 ‘KOHO CARD FEES’ in the Information Disclosure Summary section, send to you an electronic statement of each POS transaction or ATM transaction for which you use the 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 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 Card for any transaction or cash withdrawal. It is your responsibility to ensure that there is a sufficient Balance on your Card to cover transactions in addition to the funds that have been allocated by you for savings purpose. Your Balance will reflect all transactions that have been posted to our system. If you attempt to use the Card when there is insufficient Balance available to cover the full transaction amount, the transaction in most instances will be declined.

In the event that there is not a sufficient Balance on the Card to pay fees, we may deactivate the Card without notice. If your Card has a negative Balance and three (3) consecutive transactions are conducted while the Card has a negative Balance, we will disable the Card to prevent any further transactions until the Balance on the Card is brought back to a positive Balance. You must not attempt to cause the Card to have a negative Balance. If a negative Balance is created on the Card following any transaction initiated or authorized by you, then you agree to repay the amount of the negative Balance to us within ten (10) days of such transaction. If the Card has a negative Balance for sixty (60) consecutive days, we will put the Card into a suspended state so that no other transaction can be processed. Please call customer service at 1-855-564-6999 (KOHO-999) if you wish to continue using the Card.

If there is no activity on the Card for ninety (90) consecutive days and the Balance on the Card is zero dollars ($0.00) or negative, we will put the Card into a suspended state so that no other transaction can be processed. Please call customer service at 1-855-564-6999 (KOHO-999) if you wish to continue using the Card. If the Card has a Balance of zero dollars ($0.00) or negative and there have been no transactions for one hundred and twenty (120) days, we may close the Card.

Premium Card and Premium Card Benefits: If you hold a KOHO Card, you are eligible to obtain a Premium Card and Premium Card Benefits by selecting “Start 30-day Trial” within the “Manage KOHO Premium” section of the KOHO App. Upon activation of a Premium Card you will be automatically subscribed to receive Premium Card Benefits. You will have a thirty (30) day free trial at the conclusion of which you will be charged a Premium Subscription Fee of $9.00 every thirty (30) days in consideration for your continued receipt of the Premium Card Benefits. For example, if your Premium Card is activated on March 15, your first Premium Subscription Fee will be charged on April 15, and on the 15th of each month thereafter, by deducting $9.00 from your Balance on that date. If you wish to cancel your Premium Card Benefits, you may do so at any time by selecting “Cancel KOHO Premium Subscription” within the Manage KOHO Premium section from within the KOHO App or by contacting KOHO customer service at 1-855-564-6999 (KOHO-999). You will no longer be charged a Premium Subscription Fee once KOHO has received your request to cancel.

In addition to our rights set out above under the “Insufficient or Negative Balance, Inactivity, and Excess Credit” section, in the case of an insufficient Balance to cover your Premium Subscription Fee on your monthly billing date, whether at the end of your trial period or on any subsequent billing date, your Premium Card Benefits will cease immediately and your Card will be deemed to be a KOHO Card (non-Premium Card) and the provisions of this Agreement regarding KOHO Cards, including fees, will apply from the monthly billing date on which your Balance was insufficient.

If you wish to reactivate your Premium Card and Premium Card Benefits, you will have to manually toggle “Premium” from within the KOHO App. You will be permitted to re-activate your Premium Card and Premium Card Benefits only if you have a minimum Balance of $9.00 on your Card. If you successfully re-activate your Premium Card and Premium Card Benefits, the provisions of this Agreement regarding Premium Cards, including fees, will apply from your re-activation date.

If you obtain a Premium Card, you will be permitted to elect to receive a new Premium Card plastic, or to keep your existing KOHO Card plastic or metal. While your Premium Card Benefits are activated, your Card will be deemed a Premium Card, regardless of which Card plastic or metal you hold. If your Premium Card Benefits have ceased due to non-payment of the Premium Subscription Fee, your Card will be deemed to be a KOHO Card from the date of non-payment regardless of which Card plastic or metal you hold, until you re-activate your Premium Card Benefits in accordance with the previous paragraph.

KOHO Programs

From time to time KOHO may offer certain products and/or services to users of the Card and the KOHO App (collectively, “KOHO Programs”). KOHO Programs include but not limited to KOHO Save, KOHO x Canada Life Program, KOHO Early Payroll and the KOHO Credit Building Program. The KOHO Programs are not features of the Card and the terms and conditions relating to your use of or participation in KOHO Programs are not contained in this Agreement. KOHO Programs are not offered or funded by us and we are not responsible for them; they are subject to the agreement between you and KOHO. Disclosures pertaining to KOHO Programs will be presented to you in-app when you opt-in to these KOHO Programs and can also be viewed on the KOHO website at www.koho.ca/legal. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY CLAIM TO RECEIVE BENEFITS OR TO RECOUP ANY LOSS, DAMAGE, OR HARM OF ANY KIND WHATSOEVER, ON ANY BASIS, LEGAL OR EQUITABLE, RELATING TO ANY KOHO PROGRAMS OR YOUR USE OF THE KOHO APP. You agree that you will not make or advance any such claim against us, and that your sole claims, if any, shall be against KOHO, and subject to the terms of any agreements you may have with KOHO. For information about KOHO Programs you must contact KOHO directly or visit the KOHO Website at www.koho.ca. If you have any question or a dispute relating to your use of or participation in a KOHO Program, you must contact KOHO directly.

KOHO Program Fees and Repayment: Payment of fees incurred through your participation in the applicable KOHO Program and repayment of any amounts or advances requested through the applicable KOHO Program will be made by PAD pursuant to your agreement with KOHO for the applicable KOHO Program and will be debited against your Balance. Peoples Trust is not the lender or operator for any KOHO Program. If you have any question or a dispute relating to amounts debited against your Balance as repayment of amounts or advances requested under a KOHO Program or a fee incurred due to participation in a KOHO Program, you must contact KOHO directly.

KOHO x Canada Life Program: This section only applies to users who have been issued a KOHO x Canada Life Visa Prepaid Card. As users of this program, your Savings Goal is automatically pre-set to fifty dollars ($50). You may choose to cash out this goal, add this to your Spendable and/or set up a Bill Pay to a Canada Life Investment account if you so choose. You are able to transfer any amount to your Canada Life Investment account. The KOHO x Canada Life Prepaid Visa Card can also be merged with the KOHO Premium Program in which case, benefits and velocity limits of the KOHO Premium program would apply as per the stipulations listed above. If you are part of the Canada Life Program and choose to enroll in KOHO Premium, you can set up a Bill Pay of transferring an amount to a Canada Life Investment account of your choosing. There are no fees associated with this program except for those charged by the network over which KOHO has no control. For any questions regarding your account, please contact KOHO customer service by messaging via the KOHO App chat or by calling 1-855-564-6999 (KOHO-999) seven (7) days a week, twenty-four (24) hours a day.

KOHO Save: This section only applies to users who have opted into KOHO Save.

The administration of your KOHO Card and KOHO Account does not change in any way. The same transaction limits, benefits, fees, if applicable, will extend to KOHO Save. By opting into KOHO Save, the only change is your Balance will be held with Canadian ShareOwner Investments. The Canadian ShareOwner Investments User Agreement will govern the operation of your KOHO Save account. Operation of your KOHO Save account is a service provided to you by KOHO or its service providers subject to the Canadian ShareOwner Investments User Agreement, between you and Canadian ShareOwner Investments. PEOPLES TRUST COMPANY DOES NOT PROVIDE THE SERVICES RELATING TO OPERATION OF THE KOHO SAVE ACCOUNT (INCLUDING HOLDING YOUR BALANCE) AND IS NOT RESPONSIBLE FOR THEM, OR ANY LOSS, HARM OR DAMAGE OF ANY KIND YOU MAY SUFFER AS A RESULT OF USING KOHO SAVE ACCOUNT SERVICES ON ANY THEORY OF LIABILITY, LEGAL, EQUITABLE OR OTHERWISE. PEOPLES TRUST COMPANY IS NOT RESPONSIBLE FOR CALCULATION OR PAYMENT OF INTEREST FOR KOHO SAVE.

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 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 may not be the same as the rate that existed on the date the transaction was made. For KOHO Cards only, we add a Foreign Exchange Transaction Fee to your transaction amount. If a foreign currency transaction is refunded to your Card, the Visa Conversion Rate used to convert your refund to Canadian dollars for your Card is also the rate that we pay to Visa. This 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 Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to your Card for that transaction. For KOHO Cards only, we subtract a Foreign Exchange Transaction Fee from the amount that we refund to your Card.

Card “Good Thru” Date: The Card will be valid and usable until the “good thru” date. Contact customer service 1-855-564-6999 (KOHO-999) to receive a replacement Card with a new, expiry date, provided that your Card is in good standing (Please see KOHO Visa Prepaid Metal Card section about replacement) You are still entitled to the funds Loaded on the Card after the Card itself expires.

Protection Against Loss, Theft, or Unauthorized Use: If your Card is lost or stolen, you will be asked to provide us with the name on the Card and client number, and to answer an identifying question drawn from your personal information. If you lose the Card, someone might be able to use the Balance on the Card. It can be used without a PIN to make purchases. We will refund any remaining Balance 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 for which you are covered under the Visa Zero Liability Policy. You may lock your card within the KOHO App or call 1-855-564-6999 (KOHO-999) seven (7) days a week, twenty-four (24) hours a day for the immediate cancellation of the Card upon your request. A replacement Card with any remaining Balance (less our fees as stated in the table marked ‘Fees’ in the Information Disclosure Summary section, where applicable) will be issued within two (2) business days after you report the Card lost or stolen to customer service at 1-855-564-6999 (KOHO-999), and consent to a card re-issue.

With the Visa Zero Liability Policy, you will not be liable for any unauthorized use of the Card on any transactions processed by Visa. The Visa Zero Liability Policy will not generally apply to commercial cards or transactions or to transactions, such as Direct Debit, which are not processed by Visa. In any case, you must notify us (at 1-855-564-6999 (KOHO-999)) immediately of any unauthorized use. 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) calendar days once all the paperwork has been received and confirmed by us, and may require a police investigation.

Joint Accounts: Joint Accounts are not available for the KOHO Premium Visa Prepaid Card. This section applies only to KOHO Card Cardholders. More than one party may apply for, hold and use, Joint Accounts as Joint Cardholders, subject to these terms and conditions, which shall apply to each Joint Cardholder in every respect. All rights, obligations and liabilities to us of Joint Cardholders are joint and several amongst all Joint Cardholders, including but not limited to responsibility for any negative balance however arising. Each Joint Cardholder agrees that we may process transactions and accept instructions initiated by either Joint Cardholder, acting alone, in any fashion permitted under this Agreement, and all Joint Cardholders will be bound by the instruction and transactions as if jointly given or approved. Each Joint Cardholder is entitled to receive information on the Joint Accounts, including use of the Joint Account by other Joint Cardholders, without the approval of any other Joint Cardholder. All funds Loaded for use through Joint Account shall be subject to a right of survivorship, so that they become the property of the surviving Cardholder if the other dies, however, in the event of death, each Joint Cardholder agrees that we may provide information about the Joint Account and their use to the estate representative, executor or trustee of the deceased Joint Cardholder. In the event that we are given written notice of the death or incapacity of any Joint Cardholder, or we are notified that the Joint Accounts cease to be jointly held, we may, in our discretion, place a hold on the funds Loaded on the Joint Accounts or allow the Joint Accounts to continue to operate for the benefit of the remaining Joint Cardholders. WITHOUT PREJUDICE TO ANY CLAIMS THE JOINT CARDHOLDERS MAY HAVE AGAINST EACH OTHER, EACH JOINT CARDHOLDER AGREES THAT THEY SHALL NOT CLAIM AGAINST US FOR ANY LOSS ARISING OUT OF OPERATION OF THE JOINT ACCOUNTS ON THE INSTRUCTIONS OF ANY JOINT CARDHOLDER, AND THAT WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY JOINT CARDHOLDER. Each Joint Cardholder understands that the available Balance of the Joint Account may be reduced by the other Joint Cardholder allocating funds for savings, authorizing transactions against the card through purchases, ATM withdrawals, Direct Debit authorizations, or otherwise as permitted under this Agreement, or as a result of pre-authorization holds on Loaded funds as a result of transactions of the other Joint Cardholder. Each Joint Cardholder knowingly accepts the risk that their transactions, by Direct Debit, or otherwise, may be rejected by us for insufficient Funds if the Balance is used by the other Joint Cardholder. It is the sole responsibility of the Joint Cardholders, jointly and individually, to ensure there are sufficient funds loaded on the Joint Accounts to cover their transactions.

COLLECTING AND USING YOUR PERSONAL INFORMATION

Personal Information Consent: By applying for a Card, you consent to the collection, use, disclosure and retention of your personal information by us and our service providers for purposes relating to your application for a Card and your use of a 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 Card. As explained below, you may withdraw your consent at any time by cancelling your Card and all related services from us by contacting customer service at 1-855-564-6999 (KOHO-999).

What We Collect: We and KOHO, acting as our service provider, will collect information about you (e.g. your name, address, telephone number and date of birth) when you apply for a Card and, if a Card is issued to you, we, KOHO and KOHO’s providers of services related to your card, including KOHO’s processor will collect information about you and your use of the Card and related services, including information about your Card transactions (e.g. the date, amount and place of each transaction) (all collectively “CARDHOLDER INFORMATION”). We and KOHO will collect your Cardholder Information directly from you and from other sources, including third party providers of identity verification, demographic and fraud prevention services, publicly available sources, such as internet sites, government agencies, and registries.

How we Use, Retain and Disclose Your Personal Information: We will disclose your Cardholder Information to our providers of services related to your Card, including KOHO’s processor to assist us to provide services to you and to provide related services to us. We and our providers of services related to your Card, including KOHO’s processor will use, disclose and retain your Cardholder Information to process your application for a Card (including to verify your identity) and, if a Card is issued to you, to provide you with services relating to your Card (including to administer your Card and to process your Card transactions), to protect our systems and services from 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 providers of services related to your Card, including KOHO’s processor may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). As such, your Cardholder Information may be subject to foreign laws (which might be different from the laws of the jurisdiction in which you are located) and may be accessible to foreign courts, governments, law enforcement and regulatory agencies and security authorities without notice.

We will use and rely on your Cardholder Information to issue and administer your Card and provide related services. We and our providers of services related to your Card, including KOHO’s processor will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform 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.

Safeguarding Your Personal Information: We protect personal information in our possession or control from loss, theft, alteration and misuse. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. Although technologies can make it easier for fraud to occur, we employ around the clock monitoring systems and controls to detect and prevent fraudulent activity. We also build fraud prevention measures into our due diligence processes and regularly update our fraud detection/prevention methods. While we take precautions to protect your personal information from loss, theft, alteration, or misuse, no system or security measure is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate measures to protect your personal information as well.

Contacting You: We and our providers of services related to your Card, including KOHO’s processor 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 dialing systems) and instant messaging, regarding your Card and related matters, regardless of whether you incur any long distance or usage charges as a result.

We and our providers of services related to your Card, including KOHO’s processor may monitor and record our communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes. You consent to Peoples Trust and its service providers sharing this information for audit related purposes to ensure you are receiving the best possible customer service.

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 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 Card, to protect our systems and services from 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 provide you products and services of KOHO Programs, 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. In order to obtain information on our privacy policies and practices as well as those of our domestic and foreign service providers, and/or in order to request access to, or rectification of, your Cardholder Information, you may contact KOHO Customer Service by mail at 67 Mowat Ave #200, Toronto, ON M6K 3E3.

Our general personal information practices are described in our Privacy Policy, as amended from time to time, available online at www.peoplestrust.com/en/legal/privacy-security/privacy/.

Arbitration (not applicable to residents of Québec): TO THE EXTENT PERMITTED BY APPLICABLE LAW, subject to all other terms of this Agreement, you agree that any claim of any kind arising from or related to this Agreement or the use of the Card (i) shall be resolved by final and binding arbitration before a single arbitrator and (ii) shall not be brought through class or individual litigation proceedings. To the extent not prohibited by Applicable Law, if such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.

DISPUTES AND COMPLAINTS

Disputes: If you believe a transaction on your Card is incorrect, you must notify us of your dispute within sixty (60) calendar 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) calendar 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 support@koho.ca. Please note that this form must be received within ninety (90) calendar 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 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 Card. We are not responsible for any problems you may have with any goods or services that you purchase with your 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 Card, you agree to accept credits to the Balance on your Card in place of cash.

Complaints: If you have a complaint or inquiry about any aspect of your KOHO Card, first attempt to resolve the complaint or inquiry by calling the 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: https://www.peoplestrust.com/en/about-us/contact/. We will do our best to resolve your complaint or inquiry. If you have a complaint or inquiry about any aspect of a KOHO Program, please contact KOHO directly. Peoples Trust Company does not provide the services relating to operation of KOHO Programs.

If 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, Telephone: 1-866-461-3222, www.fcac-acfc.gc.ca.

Our complaints policy can be found online at: https://www.peoplestrust.com/en/about-us/resolving-your-concerns/.

The following legal terms and conditions also form part of your Agreement with us.

AMENDMENTS AND OTHER LEGAL REQUIREMENTS

Notification and Change of Terms: 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, without giving you notice. Following any such change, the terms of the Agreement will continue to apply. It is your responsibility to review the terms periodically to learn of any modifications. However, for significant or material changes such as a fee change or important changes to your KOHO product(s), we will provide you with a clear and conspicuous written notice at least thirty (30) days before the proposed Amendment comes into force. The notice will be sent to you via the KOHO App or by email 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.
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. Notification of any Amendment will also be posted on the Website at least sixty (60) days in advance of the effective date of the Amendment, unless otherwise required by Applicable Law. The change will take effect on the date indicated in the notice. 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 KOHO or sending notice to us at the Website (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 to KOHO, as applicable, and the next business day after electronic mail.

Cancellation: 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 zero dollars ($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 destroy the Card. You may at any time terminate this Agreement by calling 1-855-564-6999 (KOHO-999). We may terminate this Agreement at any time, with or without cause. Upon Agreement cancellation, your card will also be cancelled, and you should destroy it immediately. Once the card is cancelled, KOHO will then transfer to you any remaining Balance on your card within forty-five (45) business days, less any outstanding fees and pre-authorized amounts, will be mailed to you within forty-five (45) business days from the cancellation date. Despite any termination of this Agreement, you must fulfil your obligations under this Agreement. 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 Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information about the Balance on your Card. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.

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 AND EXCEPT FOR ANY APPLICABLE WARRANTIES AVAILABLE UNDER APPLICABLE LAW (INCLUDING THE CONSUMER PROTECTION ACT(QUÉBEC)), 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: EXCEPT IN QUÉBEC, OR 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. 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 PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. ALSO 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 WILL YOU 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.

Website and Availability: Although considerable effort is made to ensure that our 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, 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 and 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.

Assignment: 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.

Entire Agreement: This Agreement sets forth the entire understanding and Agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or Agreements with respect to such subject matter.

Governing Law; Submission to Jurisdiction: 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. FOR RESIDENTS OF QUEBEC ONLY: The parties attorn to the jurisdiction of Quebec and this Agreement will be construed in accordance with and governed by the laws of the province of Quebec and the laws of Canada applicable therein.

Section Headings: Section headings in this Agreement are for convenience of reference only and will not govern the interpretation of any provision of this Agreement.>

Severability: 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.

TALK TO US

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 customer service at KOHO Customer Service, 67 Mowat Ave #200, Toronto, ON, M6K 3E3.

*Visa Int./Peoples Trust Company, Licensed User

KOHO Non-Reloadable Visa* Prepaid Card Cardholder Agreement

Please read this Agreement carefully and retain a copy for your records.

The following terms and conditions apply to your use of the KOHO Non-Reloadable Visa Prepaid Card.

By purchasing, activating, signing and/or using the Card, you are agreeing to these terms and conditions and fees outlined below.

Information disclosure summary (detailed terms and conditions will follow):

Card issuer: This card is issued by Peoples Trust Company pursuant to licence from Visa International Incorporated.

Card information and balance: For up-to-date Card terms and conditions, to obtain the expiry date of your Card, if you have questions regarding the Card Balance, or to log a complaint, you may call customer service at 1-855-564-6999  or visit www.koho.ca for free. 

Card restrictions: 

• The Card is not returnable.
• • The Card is not refundable.
  • You cannot reload the Card with more funds.

• Use of the Card in certain countries may be restricted by law.
• Regular pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from the Card, are not permitted. All PAD transactions will be rejected and Peoples Trust Company will not be liable for any costs incurred by you as a result.
• The Card use may be restricted by some online merchants.
• The Card cannot be used for pay-at-the-pump transactions.
• You cannot make cash withdrawals from the Card.
• You may not use your Card to commit or facilitate illegal activity.
• The Card is not eligible for protection under any Zero Liability policy (https://www.visa.ca/en_CA/pay-with-visa/security.html).
• The Card is subject to maximum transaction limits, as set out below. Peoples Trust Company may change these limits in accordance with Applicable Law and will post notice on www.koho.ca at least thirty (30) days in advance of the date such change is to come into effect. The change will take effect on the date indicated in the notice. Your continued use of the Card, after the change to the limits has come into effect, will be taken as your acceptance of that change.

Limits
Maximum Card Balance	$80.00
Maximum daily spend at point-of-sale	$80.00
Maximum number of point-of-sale- transactions / day	15

Please also note: The Card may be deactivated at any time if fraud, related to the Card or use of the Card, is suspected.

Card expiry and access to funds: Your right to use the funds loaded on the Card does not expire. If funds remain on the Card after the expiry date, contact customer service for directions on how to receive a replacement Card. 

Fees: The table below sets out the fees that may be imposed upon the Card. You acknowledge being advised of the fees and agree to pay all fees charged under this Agreement.

Fees
Activation Fee		$5.95
Foreign exchange charge		1.5%
Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).

Lost or stolen Card: You must take all reasonable steps to protect the Card against loss, theft, or unauthorized use. If the Card has been lost or stolen, or if you have reason to believe that someone has made an unauthorized transaction with the Card, or may attempt to use the Card without your permission, you must call customer service immediately at 1-855-564-6999.All transactions carried out on the Card before you notify us will be considered to have been made by you.

Split tender transactions: If the Balance on the Card is insufficient to cover the full Transaction Amount, you may request the merchant to conduct a split tender transaction, which is where you use the Card as partial payment of the Transaction Amount and then pay the remainder of the amount 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 swiping the Card, the Card may be declined. Some merchants may require payment for the remaining Balance in cash. Merchants do not have to and may not agree to accept split tender transactions.

Key Cardholder Responsibilities under this Agreement: You must take all reasonable steps to protect the Card against loss, theft, or unauthorized use. If you lose the Card, you must call customer service immediately. You must activate and/or sign the Card as instructed upon receipt of the Card. You must surrender the Card to us immediately upon request by us. You must ensure that there is a sufficient Balance on the Card to cover the full amount of transactions made with the Card. The Card use may be restricted by some online merchants. If you find an error in any transaction record, you must communicate the error to the merchant with whom you made the transaction. If you wish to dispute a transaction on your Card, you must notify us in writing of your dispute within sixty (60) days of the transaction date. You must only use our online resources as set out in ‘Website and Availability’, below.

 

Detailed Terms and Conditions: 

Definitions:

• ‘Agreement’ means this KOHO Non-Reloadable Visa Prepaid Card Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein, which govern your use of the KOHO Non-Reloadable Visa Prepaid Card.
• ‘Amendment’ refers to any change to a term or condition of this Agreement or to the addition of a new term or condition.

• ‘Applicable Law’ means the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Act Respecting the Protection of Personal Information in the Private Sector (Québec), the Consumer Protection Act (Québec), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), PCI DSS or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust Company and the Program Sponsor are subject to, or any bylaw, operating rule or regulation of Visa.
• ‘Balance’ means the amount of the funds that are loaded onto the Card.
• ‘Card’ refers to the KOHO Non-Reloadable Visa Prepaid Card purchased, activated, received or used by the Cardholder.
• ‘Cardholder’ means you or any other individual who has purchased, received, activated or used the Card.
• ‘Distributor’ means each distribution agent and/or retail outlet which offers the Cards for sale to consumers. A Distributor is not an agent, mandatary or representative of Peoples Trust Company.
• ‘Foreign exchange charge’ means the foreign exchange service charge of 1.5%.
• ‘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 the Program Sponsor 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.

• ‘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.
• ‘Transaction Amount’ is the amount that is debited from the Balance in connection with the Cardholder’s use of the Card to purchase goods or services, which includes the amount of the Balance to be transferred, the Card service charges and the taxes imposed to complete the transaction. 
• ‘Visa’ means Visa International Incorporated, and its successors and assigns.
• ‘Visa Conversion Rate’ means the rate that we pay to Visa to convert foreign currency to Canadian currency plus the Foreign exchange charge.
• ‘we’, ‘us’, and ‘our’ mean Peoples Trust Company, and our successors, subsidiaries, affiliates or assignees. 
• ‘Website’ means www.koho.ca.
• ‘you’, ‘your’, and ‘yours’ each mean the Cardholder.

 Acceptance: This Agreement constitutes a binding agreement between you and us with respect to the terms of use of the Card.

The Visa Prepaid Card: The Card is a Visa Prepaid Card that can be used anywhere that Visa is accepted. The Card use may be restricted by some online merchants. Activating the Card: The Card has no value until it is activated by the cashier at the time of purchase, and signed by you on the back, where indicated. Upon activation, and dependent on the value of the Card you purchase, you will be charged a one-time activation fee in the amount set out in the table marked ‘Fees’ in the Information Disclosure Summary section found at the beginning of this Agreement.

Ownership and Use of the Card: To use the Card, simply present the Card at the time of payment, and sign the receipt with the same signature you used when you signed the Card. The Card can be used to pay the full amount of the purchase and applicable taxes, so long as the Balance remaining on the Card is sufficient. The Card is, and will remain, our property. The Card is not a credit card, charge card, or debit card, and its usage will not enhance nor improve your credit rating. No interest dividends or other earnings or returns will be paid on the Card. Neither the Card nor the Balance is a deposit account. You have no right to write cheques on, or demand repayment of, the outstanding Balance on the Card, but are strictly limited to the right to use the Card, in accordance with this Agreement, as payment for goods and services from merchants who accept Visa. The Card use may be restricted by some online merchants. Use of the Card in certain countries may be restricted by law.

As you use the Card, the Card’s Balance will be reduced by the full amount of each purchase including taxes, charges and other fees, if any. We may, in our sole discretion, cancel or suspend any features or services of the Card at any time, with or without cause, with thirty (30) days’ notice to you or as otherwise required by Applicable Law.

You are solely and completely responsible for the possession, use, and control of the Card. You must surrender the Card to us immediately upon request by us. If you authorize another person to use the Card, you agree, to the extent permitted by law, that you will be liable for all transactions arising from use of the Card by such person. You should retain the receipt as a record of the transaction. 

You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on the Card, and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on the Card. You do not have the right to stop the payment of any transaction you conduct with the Card. We are not liable to you for declining authorization for any transaction, regardless of our reason. 

Some merchants (including, but not limited to, restaurants, hotels, 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 that there are sufficient funds available on the Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Card Balance will not cover the transaction amount plus the additional amount.

A pre-authorization will place a ‘hold’ on an amount of your available 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. It may take up to fifteen (15) business days for the pre-authorization hold to be removed, and timing may vary depending on the type of merchant.

During the hold period, you will not have access to the pre-authorized amount.

Information About Balance: It is your responsibility to ensure that there is a sufficient Balance on the Card to cover transactions plus any pre-authorized amounts. To obtain the current Balance amount, or the transaction history, call customer service toll-free at 1-855-564-6999 or visit the Website. The Card Balance will reflect all transactions that have been posted to our system. You are not allowed to exceed the Balance available on the Card for any transaction.

If you attempt to use the Card when there is insufficient Balance available to cover the full Transaction Amount, the transaction in most instances will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the Card, creating a negative amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Balance.

Transactions Made in Foreign Currencies: We convert transactions made in a foreign currency to Canadian dollars using the Visa Conversion Rate in effect on the day the transaction is posted to the Card. The Visa Conversion Rate in effect on the posting date may differ from the rate in effect on the date of the transaction. 

However, if a foreign currency transaction is refunded to the Card, the Visa Conversion Rate used to convert your refund to Canadian dollars for the Card is the rate that we pay to Visa minus the Foreign exchange charge. 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 the Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to the Card for that transaction.

Protection Against Loss, theft, or Unauthorized Use: If your Card is lost or stolen, you will be asked to provide us with your name, the Card number, the expiry date, and the original Card value and transaction history. We cannot re-issue a Card if you do not have your Card number. If you lose the Card, someone might be able to use the Balance on the Card. We will have a customer service representative or automated voice response service available seven (7) days a week, twenty-four (24) hours a day that will allow immediate cancellation of the Card upon your request. If our records show that a Balance still remains on the Card, we will cancel the Card and make such Balance amounts available to you on a re-issued Card. It may take up to fifteen (15) business days to process your re-issue request.  

You agree, to the extent permitted by Applicable Law, to cooperate with us in our attempts to recover from unauthorized users and to assist in their prosecution.

Notification and Change of Terms: Subject to the limitations of Applicable Law, we may at any time change or remove any of the terms and conditions of, or add new terms or conditions to this Agreement, except that we will never add any new fees to your Card or increase any existing fees. We will post any such changes, as well as the most recent version of this Agreement, on the Website. As of the effective date included in any notice, the changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. You are responsible for checking our Website for such notifications. You will be deemed to accept and be bound by the amendment upon use of the Card following the effective date of the Amendment. If you do not agree to any change of this Amendment, you agree to immediately stop using the Card and notify us that you are terminating this Agreement. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system or comply with Applicable Law. If such a situation does arise, then you will be given notice as soon as reasonably possible in the circumstances.

Purchase Disputes and Refunds: If you believe a transaction on your Card account is incorrect, you must notify us in writing of your dispute within sixty (60) days of the transaction date. Following your notification, a form will need to be completed and emailed to the customer service team at support@koho.ca within ninety (90) days of the transaction date. You can obtain a dispute form by calling 1-855-564-6999 and following the prompts for lost or stolen cards. 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. If there is any dispute in regard to the purchase of goods or services you made using the 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 Card. We are not responsible for any problems you may have with any goods or services that you purchase with your 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 Card, you agree to accept credits to the Balance on your Card in place of cash.

Arbitration: Subject to all other terms of this Agreement, and to the extent not prohibited by Applicable Law, you agree that any claim of any kind against us, the Program Manager, or Visa arising from or related to this Agreement or the use of the Card (i) shall be resolved by final and binding arbitration before a single arbitrator at Vancouver, British Columbia and (ii) shall not be brought through class or individual litigation proceedings. If such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.

Complaints: If you have a complaint or inquiry about any aspect of your Card, first attempt to resolve the complaint or inquiry by calling our toll-free customer service number at 1-855-564-6999  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 the Website (https://www.peoplestrust.com/en/about-us/contact/). 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 complaint 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

Telephone: 1-866-461-3222

www.fcac-acfc.gc.ca

 

Our complaints policy can be found online at: https://www.peoplestrust.com/en/about-us/resolving-your-concerns/.

Notice Of Data Protection And Privacy Policy: Information We Collect/Information Security: We may obtain personal information (“Cardholder Information”) about you, including information (i) provided to us by the Distributor, such as your name and/or your address, (ii) provided by you contacting our customer Service (see the Contact Information section of the Agreement), and (iii) about purchases you made with the Card, such as the date of the purchase, the amount and the place of purchase. We may also obtain information from providers of identification services and demographic information. You may communicate with us through our customer service toll-free number or the Website with regards to requests to access or rectify information related to you that we have obtained. If such information is obtained from providers of identity verification data and demographic information, we will inform you of your right of access and rectification in relation to the file held by the personal information agent and will indicate to you the manner in which and the place where you may have access to the reports or recommendations and cause them to be rectified, where necessary. Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information unless otherwise specifically disclosed or agreed to by you. We maintain physical, electronic, and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.

 

Safeguarding Your Personal Information: We protect personal information in our possession or control from loss, theft, alteration and misuse. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. Although technologies can make it easier for fraud to occur, we employ around the clock monitoring systems and controls to detect and prevent fraudulent activity. We also build fraud prevention measures into our due diligence processes and regularly update our fraud detection/prevention methods. While we take precautions to protect your personal information from loss, theft, alteration, or misuse, no system or security measure is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate measures to protect your personal information as well.

 

Disclosure: We may use Cardholder Information (including the transfer of your information to individuals or organizations in the United States) to process Card transactions, to provide customer service in other countries in which we service our Cardholders, to process claims for lost or stolen Cards, to help protect against fraud, and to conduct research and analysis with our Cardholders through mail, phone or email surveys. If you have provided your consent, we and/or our Distributor may use Cardholder Information for direct mail communications and/or emails about upcoming promotions and offers. We will provide information about you and your participation in the program to the Distributor. We may provide certain Cardholder Information to others as permitted by Applicable Law, such as to government entities or other third parties in response to subpoenas.

The laws on data protection in other jurisdictions, to which we may transfer your information, may differ from those in your jurisdiction and any personal information transferred to another jurisdiction will be subject to law enforcement and national security authorities in that jurisdiction. Subject to these laws, we will use reasonable measures to maintain protections of your personal information that are equivalent to those that apply in Canada. You hereby give your consent to such cross-border transfers (including the United States) of such personal information to third parties for the purpose set out above.

Should you not wish to accept these data protection terms and conditions, or wish to withdraw your consent and cancel the Card, you must communicate with customer service and request we cancel the Card and discontinue any further use of your personal information.

Peoples Trust Company’s Privacy Policies: Our general personal information practices are described in our privacy policy, as amended from time to time, available online at https://www.peoplestrust.com/en/legal/privacy-security/privacy/.

No Warranty of Availability or Uninterrupted Use: FROM TIME TO TIME CARD SERVICES MAY BE INOPERATIVE, AND WHEN THIS HAPPENS, YOU MAY BE UNABLE TO USE YOUR CARD OR OBTAIN INFORMATION ABOUT THE BALANCE ON YOUR CARD. PLEASE NOTIFY US IF YOU HAVE ANY PROBLEMS USING YOUR CARD. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.

Assignment: At our sole discretion, we may assign 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. 

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 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 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 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 AND EXCEPT FOR ANY APPLICABLE WARRANTIES SET OUT IN THE CONSUMER PROTECTION ACT (QUÉBEC), 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: EXCEPT IN QUÉBEC, OR 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. 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 PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. ALSO 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 WILL YOU 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.

Website and Availability: Although considerable effort is made to ensure that our 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, 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 and 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.

Entire Agreement: This Agreement sets forth the entire understanding and Agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or Agreements with respect to such subject matter.

Governing Law: 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 therein.

FOR RESIDENTS OF QUÉBEC ONLY: The parties attorn to the jurisdiction of Québec and this Agreement will be construed in accordance with and governed by the laws of the province of Québec and the laws of Canada applicable therein.

Section Headings: Section headings in this Agreement are for convenience of reference only, and will not govern the interpretation of any provision of this Agreement.

Severability: If any of the terms of this Agreement are invalid, changed by Applicable Law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid terms had not been included in this Agreement.

Contact Information: If you have questions regarding the Card, or need to report a lost or stolen Card, you may call customer service at 1-855-564-6999 or email: support@koho.ca or write to customer service at KOHO Customer Service, 67 Mowat Ave #200, Toronto, ON, M6K 3E3

*Visa Int./Peoples Trust Company, Licensed User

Updated: September 27, 2019