Legal

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.

+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.

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.

*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/cardholder-agreement/. 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.

“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.

“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;

“Payroll Direct Load 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 Payroll Direct Load to your Card. It does not reference a deposit account held by you or for your use.

“Payroll Direct Load” 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.

“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 Payroll Direct Load and Payment Details for your Card from KOHO. These payment details are different from your Card number. You may use the Payroll Direct Load 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 Payroll Direct Load 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 PAYROLL DIRECT LOAD 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 PAYROLL DIRECT LOAD 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 PAYROLL DIRECT LOAD. If you request and use Payroll Direct Load 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 Earned Wage Access, KOHO Early Payroll, Cover Me 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: The subscription fees or any other fees for services relating to the KOHO Programs will be paid by PAD pursuant to your agreement with KOHO for the applicable KOHO Program and will be debited against your Balance. If you have any question or a dispute relating a KOHO Program services or subscription fees debited from your Balance, you must contact KOHO directly.

KOHO Program Repayment: Repayment of any amounts or advances requested or fees incurred through your participation in 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.

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: http://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: http://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

1. App Store is a service mark of Apple Inc., registered in the U.S. and other countries

2. Google Play is a trademark of Google Inc.

Updated: May 28, 2021

Fair Use Policy

KOHO’s Fair Use Policy (FUP) – (“Fair Use Policy”) sets out the Terms of Service provided by KOHO (“KOHO Financial Inc.”) and its members. The FUP was designed so that we can keep our communication simple, protect our users from unnecessary costs, and prevent fraud and abuse. Terms that are not defined below can be found in our Terms of Use.

Usage of KOHO:
KOHO’s products and services are for individual use only in accordance with KOHO’s Visa* Prepaid Card Cardholder Agreement (“Legitimate Use”).

Termination and Suspension of KOHO
In the event that the usage of KOHO’s product and/or services by a member is deemed to be unlawful and/or unreasonable, KOHO may request the member to change its usage as per this FUP.

As stated in KOHO’s Visa* Prepaid Card Cardholder Agreement, we reserve the right to suspend or limit usage on your account or specific portions of your account if we believe you are acting outside of the intended usage of KOHO. In the event your account is suspended or limited, we will reach out to you and offer remedial solutions and give you the opportunity to explain your usage.

If you have any questions, please contact us at support@koho.ca

Terms of Use

• By accessing koho.ca, whatthefee.ca or the KOHO mobile application (collectively with all subpages and successor pages, the “Site”), you acknowledge these terms and conditions of use and agree to be contractually bound by them, whether or not you have read them. If you do not agree to these terms, please discontinue accessing the Site immediately.

• We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time without further notice and you agree to be bound by such modifications, alterations or updates, which shall be effective immediately upon being posted on the Site. Please check these terms and conditions periodically for any changes. Your continued use of the Site following posting of the changes will indicate your acceptance of such modified terms and conditions.

• The content of the Site is published by KOHO Financial Inc. (“KOHO”), a Canadian corporation.

• The Site is only intended to provide you with general information and is neither an offer to sell nor a solicitation of an offer.

• Information on the Site is not intended to provide legal, accounting, financial or tax advice or other professional advice, and should not be relied upon in that regard.

• Except to the extent prohibited by law (such as for exclusions of implied warranties if you are a consumer under the meaning of the Quebec Consumer Protection Act who is a resident of Quebec (“Quebec Consumer”), the Site is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, reliability or completeness, all of which are hereby disclaimed by KOHO to the fullest extent permitted by applicable law.

• Every effort has been made to ensure that the material contained on the Site is accurate at the time of publication, but you expressly agree that use of the Site is at your sole risk and that it is your responsibility to evaluate the accuracy, completeness and usefulness of all information provided through the Site.

• To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a Quebec Consumer) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, or any reliance on, the Site, any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment or as a result of any unauthorized access to the Site or any data breach involving the Site.

• Your use of the Site will be in compliance with all applicable laws. You will not: Use the Site for illegal purposes; Intentionally interfere with or damage the operation of the Site or any other users’ enjoyment of it, by any means, including uploading or otherwise disseminating viruses, spyware, worms or other malicious code or file with contaminating or destructive features.

• By accessing the Site, you agree to indemnify and hold harmless KOHO, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use or misuse of the Site.

• The contents of the Site are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Site, or any part thereof, for any purpose.

• Other sites accessed by hypertext appearing in the Site may have been independently developed by parties other than KOHO. KOHO does not guarantee the accuracy, integrity or quality of information contained in such other sites. Your use of such other sites is subject to the terms and conditions of use and the privacy policies contained within such other sites.

• Links to other sites are provided for your convenience only. KOHO does not control such other sites and is not responsible or liable in any way for their content. KOHO’s inclusion of links to such other sites should not be taken as KOHO’s endorsement or approval of such other sites, their content, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive/disruptive components on or from such other sites.

• KOHO may provide you with marketing or promotional materials through the Site. KOHO may have arrangements in place in connection with any such marketing or promotional materials where we may be entitled to receive a referral or other fees from third parties. Please refer to KOHO’s privacy policy for more information on our use and protection of your personal information.

• Links to the Site without the express written permission of KOHO are strictly prohibited. To request permission, please contact support@koho.ca. The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any method is strictly prohibited.

• KOHO cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the Site, you acknowledge that KOHO is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us. Please refer to KOHO’s privacy policy for more information.

• No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under these terms and conditions of use will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.

• If any provision of these terms and conditions or part thereof is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision or part thereof shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  These terms and conditions are governed by the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Site, except to the extent provided in Section 20, you hereby irrevocably submit and attorn to the federal courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Site, these terms and conditions of use or any related matters.

• For Quebec Consumers Only: The parties attorn to the jurisdiction of the courts of the Province of Québec and these terms and conditions of use shall be governed by an interpreted in accordance with the law of the province of Québec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.

• KOHO is a trademark of KOHO Financial Inc. With the exception of Peoples Trust Company and Visa Inc., the product logos or wordmarks appearing on www.koho.ca or within the KOHO application are used to identify products/services purchased only and the rights to such trademarks are owned by the applicable vendor. KOHO does not claim any affiliation with the brands, products or services listed for information on the site.

Peoples Trust Company Terms of use for Mobile Payment Services

Last modified: [August 2018]

These Terms of Use for Mobile Payment Services (the “Terms”) apply when you choose to add a prepaid card issued by Peoples Trust Company (“Card”) to an eligible mobile payment wallet (each, a “Wallet”). In these Terms, “you” and “your” refer to the cardholder of the Card, and “we,” “our,” “us” and “Issuer” refer to the issuer of your Card, Peoples Trust Company.

When you add a Card to a Wallet, you agree to these Terms:

• Applicability of Terms: These Terms apply to your loading and use of your Card in each Wallet. You understand that your use of your Card in a Wallet is also subject to the agreements or terms of use of the Wallet provider (e.g., Apple Pay, Android Pay, Samsung Pay, etc.), third party wireless companies, and/or data service providers and other third parties who are involved in the operation of the Wallet, services related to the Wallet, transactions conducted using the Wallet, or provision of devices or device software through which the Wallet operates (“Mobile Devices”), none of whom are related to or controlled by us (each, a “Service Provider”).

• Adding your Card: Your Card may be added to an eligible Wallet by following the instructions of the Wallet provider. Only Cards that we indicate are eligible can be added to a Wallet. Your Card may be added to multiple Wallets and used on multiple Mobile Devices. You may not add a Card to a Wallet or use a Card in a Wallet if at any time: (i) your Card or related account is not in good standing; (ii) your Card has been cancelled or suspended; (iii) we cannot authenticate the Card in accordance with our procedures; (iv) we suspect there may be fraud in connection with your Card or use of your Card, or (v) we have suspended or terminated your Card’s eligibility for use with a Wallet. Additional requirements or restrictions may also be imposed by Service Providers.

• Your Cardholder Agreement Terms Do Not Change: The terms of the cardholder agreement that govern your Card as amended by us from time to time (“Cardholder Agreement”) continue to apply to your Card when you add your Card to a Wallet. These Terms are supplemental to the Cardholder Agreement. Nothing in these Terms supersedes, replaces or otherwise modifies your Cardholder Agreement. For example, any applicable fees or charges that apply to your Card will continue to apply when you use a Wallet to conduct transactions with your Card.

• Issuer Is Not Responsible for the Wallet: Subject to restrictions in this Agreement, you may use any Card added to a Wallet, through the Wallet and Service Provider Mobile Devices and services, to make purchases wherever the Wallet is accepted. Information about the Card and certain recent transactions may also be made available through a Wallet. The Wallet may not be accepted everywhere your Card is accepted. You acknowledge and agree that we are not a party to your agreements with any Service Providers, we do not provide any support or assistance for any hardware, software, or other services of a Service Provider related to the operation of the Wallet or a Mobile Device used with the Wallet. We are not responsible for the performance or non-performance of the Wallet provider or any other Service Provider regarding any agreement you enter into with the Wallet provider, any other Service Provider or associated third‐party relationships that may impact your use of a Wallet. Issuer is not responsible for or liable to you, for any failure of a Wallet, for security of the wallet or your personal information stored in the wallet or on any MOBILE DEVICE that you use with the wallet,or for any loss, injury, damage, harm, cost or inconvenience you may suffer as a result of a failure or inability to use a Wallet for any transaction, security breach of the wallet or a servcice provider device, or arising generally from any act, failure to act, or representation by or on behalf of a Service Provider. You should review Service Provider terms and conditions carefully to understand your agreements with a Service Provider, including but not limited to your obligations to the Service Provider, disclaimers of responsibility and limitations of liability of the Service Provider, restrictions on use of the Wallet, relating to security of the Wallet and any Mobile Device used with the Wallet, and how your personal information will be collected and used by any Service Provider, and how collection, use and disclosure of your information may be controlled in respect of the Wallet using a Mobile Device on which you store the Wallet. Questions regarding how to use a particular Wallet and the terms and conditions of the Wallet should be addressed to the Wallet provider.

• Security: You agree to protect and keep confidential your User ID, passwords and all other authentication information required for your use of a Card in a Wallet. If you share these credentials with others, third parties may be able to use your Card through a Wallet and access Card information made available through the Wallet. You agree to keep the Mobile Device on which the Wallet is stored safe and secure and you agree to notify us if your Mobile Device is lost or stolen. You will be responsible for the full amount of any losses if you contributed to the unauthorized use of your Card or if you failed to notify us as required in the terms of your Cardholder Agreement or if you fail to notify us of the loss or theft of your Mobile Device. You agree to delete your Card from the Wallet before you deliver your Mobile Device to any Mobile Device service or when you retire or discard your Mobile Device. You also agree that you are solely responsible to ensure the safety and security of your Mobile Device and you agree that you will implement reasonable security protocols to protect the Mobile Device and the Wallet from unauthorized use, including but not limited to password and/or biometric protection to restrict access to your Mobile Device, ensuring that you do not provide passwords or add biometric verifications to your Mobile Device for any person that you have not authorized to use your Wallet, and that you will not add your Card to a Wallet on any Mobile Device that has been compromised through “jail breaking” or any other similar alteration. Except as expressly provided in this Agreement, the Cardholder Agreement, or unless prohibited by law, you are responsible and liable for all transactions conducted through the Wallet using your Card and, in any event, you will be liable for any transactions conducted by anyone using authentication codes or biometric or other verifications that grant access to, and allow use of, your Mobile Device where you store the Wallet.

• Fees: Issuer does not charge fees for adding a Card to a Wallet or using your Card in a Wallet, however any fees and charges disclosed in your Cardholder Agreement, if applicable, will continue to apply to the use of your Card. We may charge fees for adding or using a Card in a Wallet in the future, in which case we will amend the fees disclosed in your Cardholder Agreement to include those fees. In addition, the Wallet provider or other Service Provider(s) may charge fees in connection with your use of a Wallet, over which we have no control. Service Provider fees may form part of the transaction amount that is charged to your Card when using the Wallet and the nature and amount of those fees may be unknown to us. You agree that Service Provider fees will be charged to your Card when processing a transaction conducted using the Wallet and that you are responsible for paying such Service Provider fees. You agree that we are not responsible for identifying, disclosing or verifying Service Provider fees and that charging such fees to your Card is not a “Billing Error” as contemplated below or in the Cardholder Agreement.

• Billing Errors: You are responsible for identifying and notifying us of any billing errors in accordance with the terms and in the timeframes required by your Cardholder Agreement. We will address any potential error in accordance with the terms disclosed in the Cardholder Agreement. Some transaction details may be presented to you on your Mobile Device through your Wallet. We do not guarantee that the transaction information displayed through your Wallet will be accurate or complete. Some transactions displayed through your Wallet may be pending charges that are temporary and subject to change. When reviewing your transaction history for errors or otherwise you should review the statements or transaction history for your Card available from us or through the program manager for your Card.

• Ending or Suspending Use of a Wallet: We can end or suspend your ability to use a Card in a Wallet at any time and have the right to block transactions made with a Card through a Wallet at any time. You agree to remove your Card from any Wallet as we direct, immediately upon request by us. You may remove your Card from a Wallet by following the instructions provided by the Wallet provider.

• Privacy and Security: As set out in your Cardholder Agreement, we may collect and use your personal information (“Cardholder Information”) to process Card transactions, to provide our services from other countries from which we service our cardholders, to process claims for lost or stolen Cards and to help protect against fraud and for regulatory compliance purposes. We may share Cardholder Information with entities that provide services on our behalf, as necessary for these purposes. You agree that by adding your Card to a Wallet, we may also share Cardholder Information with the Wallet provider, the Card networks (e.g., Visa*) and Service Providers in order to facilitate any Wallet services you request; to make information about your Card transactions available to you in a Wallet; and/or to enable you to obtain Wallet services. We will not authorize any Service Providers or other third parties to share or use such information for any other purposes. We do not control how third parties use information they receive in connection with your use of your Card in a Wallet. You may obtain information about the privacy policies of the Wallet provider and Service Providers by contacting them directly. Issuer’s privacy policy is available at https://www.peoplestrust.com/en/legal/privacy-security/privacy/.We may provide certain Cardholder Information to others as permitted or required by law, such as to any governmental authority, Service Providers or third parties in response to subpoenas, court orders, or requests from law enforcement or other governmental authorities to establish or exercise our legal rights and to defend against legal claims.You recognize and agree that Cardholder Information may be transferred to, and stored and/or processed outside the jurisdiction in which you reside (including the United States). Any Cardholder Information transferred to another jurisdiction will be subject to the laws of that jurisdiction, which may differ from those in the jurisdiction where you reside. These laws may permit governments, tribunals, law enforcement, regulatory and national security authorities in that jurisdiction to access Cardholder Information in certain circumstances.
  You agree that we, our service providers, or any affiliates, agents or service providers on behalf of us or our service providers, may use written or verbal means to contact you regarding the Card, activity relating to the Card or your use of the Card, in connection with the Wallet. This includes, but is not limited to, contact by manual calling methods, text or SMS messages, email, pre-recorded or artificial voice messages, and/or automatic telephone dialing systems. You agree that these entities may use any e-mail address or any telephone number that you provide now or in the future, including a number for a cellular phone or other wireless device, regardless of whether you incur charges as a result, to advise you about activity relating to the Card. You agree that these entities may monitor and record telephone calls between you and them to assure quality service and for staff training purposes.Should you not wish to accept these privacy terms and conditions, or wish to withdraw consent and, therefore, terminate your use of your Card in the Wallet, you must communicate with our customer service at the number printed on the back of your Card and the customer service of the Wallet provider and discontinue any further use of the Card in the Wallet. You may be able to deactivate certain communications of data relating to your Card to the Wallet and Mobile Device on which the Wallet is stored using the functionality of the Mobile Device.Electronic Communications. You agree to receive electronic communications from us, including SMS to your Mobile Device and emails to the email address we have on record for you. We may send you electronic communications when you add and/or use your Card with a Wallet. We are not responsible for the failure of the delivery of an electronic communication that may prevent registering or using your Card with a Wallet, even if the contact information we have from you is correct. You may revoke your consent to receiving electronic communications from us at any time by communicating with customer service using the phone number printed on the back of your Card. You are responsible for informing customer service if the contact information we have from you has changed.

• Disclaimer of Warranties: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD PROVISIONED IN A WALLET IS AT YOUR SOLE RISK.. THE FOLLOWING STATEMENT DOES NOT APPLY IN QUEBEC: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CARD MADE AVAILABLE TO YOU THROUGH A WALLET IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”, WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND. ISSUER, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY CARD PROVISIONED IN A WALLET, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

• Complaints: If you have a complaint or inquiry about any aspect of the use of your Card, please first attempt to resolve the complaint or inquiry by calling the Customer Service number at number printed on the back of your Card. If Customer Service is unable to resolve the complaint or inquiry to your satisfaction, please submit your complaint or inquiry through the form found at 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 concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. You may also communicate the complaint or inquiry to: Financial Consumer Agency of Canada
  427 Laurier Avenue West, 6th Floor
  Ottawa, ON, K1R 1B9
  Tel.: 1-866-461-3222
  www.fcac-acfc.gc.ca

• Governing Law: The parties attorn to the jurisdiction of British Columbia and these terms of use shall be construed in accordance with, and governed by, the laws of the Province of British Columbia and Canada to the fullest extent permitted by law. FOR CONSUMERS RESIDING IN QUÉBEC ONLY: The parties attorn to the jurisdiction of Québec and this Agreement will be construed in accordance with and governed by the applicable laws of Québec and Canada.

• Changes to Terms: Subject to the limitations of applicable law, we may amend any term or condition of these Terms at our discretion from time to time, including increasing or adding new fees (an “Amendment”). We will post Amendments and the then current version of these Terms on our Website. Amendments will be posted at least thirty (30) days in advance of the Amendment taking effect. An Amendment will take effect on the date indicated in the notice. If the Amendment increases your obligations or a reduces our obligations, you may refuse the Amendment and either remove your Card from any Wallet without cost, penalty or cancellation indemnity or cancel your Card following the process set out in the Cancellation section of the Cardholder Agreement, no later than thirty (30) days after the Amendment comes into force. We may also make changes to our services without notice if necessary to maintain or restore security of the Card or any related payment system or to comply with applicable law. We will give notice of such changes as soon as possible.

• Questions: If you have any question, dispute, or complaint about a Wallet, you should contact the Wallet provider using the information it provided to you. If you have any question, dispute, or complaint about a Card, you should contact us by telephone at: 1-855-564-6999 or email at team@koho.ca.

• Language: It is the express wish of the parties that this Agreement and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que cette convention et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais.

*Trademark of Visa International Service Association and used under licence by Peoples Trust Company

KOHO Advance Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO Advance no-fee, no-interest line of credit facility (“KOHO Advance”) extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”). By requesting KOHO Advance through the KOHO App, you agree to these terms and conditions.

1. Eligibility:

To access KOHO Advance, your KOHO Account must be in good standing which means:

• a) your KOHO Account must be active, and

• b) you must have Payroll Direct load set up on your KOHO Account and have received at least one payroll direct load of $100 or more in the current or previous calendar month. For example, to be eligible for the program in March, you must have received a direct load of $100 or more in February or March.

Failure to repay a KOHO Advance will automatically make you ineligible for future KOHO Advances. KOHO will not obtain your credit score or credit report or report to any credit bureau in connection with KOHO Advance without your consent.

2. Line of Credit:

KOHO Advance is a no-fee, no-interest line of credit. Some terms and conditions of KOHO Advance will vary (as set out below) depending on whether or not you have subscribed for KOHO Bundle.

*This is available to Canada Life users only and does not extend to other KOHO users (Regular, Joint or Premium)

3. How it Works

If you meet the eligibility criteria above and you have opted-into KOHO Advance through the KOHO App, you can request an Advance up to your KOHO Advance limit. If you have subscribed to KOHO Bundle, you can request an Advance up to the amount of your KOHO Advance Limit at any time. If you have not subscribed to KOHO Bundle, you can request an Advance up to the amount of your KOHO Advance Limit up to three days prior to your next-scheduled Payroll Direct load. You must select your repayment date (the “Payment Due Date”) at the time that you request the Advance which may be no later than 15 days following the date of the Advance for the KOHO Bundle and three days without the KOHO Bundle. KOHO Advance funds will then be credited to your KOHO Account based on the terms noted above.

4. Repayment

By requesting a KOHO Advance, you promise to repay us the amount of the Advance on the Payment Due Date that you have selected or an earlier date should you wish to do so. Repayment of each of your Advances will be made by pre-authorized debit (PAD) to your KOHO Account with the effective date of the PAD authorization being the date at which you opt in to the KOHO Bundle. This is a personal PAD .If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to KOHO Advance or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment of any Advance at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. To more information on recourse rights, contact your financial institution or visit www.payments.ca.

5. Transaction Details

Any Advance you request and the details of your repayments will be reflected in the transaction feed of the KOHO app. If you notice an item in error and wish to dispute it, you must inform customer service via in-app chat or by calling 1-855-564-6999 within 90 days of the date that the item was first posted to your transaction feed. If you don’t notify us within that time period, then you agree that your transactions and balances are accurate and you will not be permitted to dispute them later. We may debit or make adjustments to your KOHO Account at any time for any amount that was credited in error.

6. Default

You will be in default under this Agreement if you:

• a) fail to repay an Advance on the Payment Due Date, or if we believe for any reason that you that you will be unable to repay an Advance,

• b) cancel or revoke the PAD authorization without a replacement authorization;

• c) close your KOHO Account or are in default under your KOHO Cardholder Agreement,

• d) are in default under the KOHO Bundle Terms and Conditions;

• e) have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement,

• f) commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party, or

• g) die.

If you are in default for any of the above reasons, we may, in our discretion:

• a) charge you a non-sufficient funds (NSF) fee,

• b) request that you repay any outstanding Advance immediately,

• c) suspend or terminate access to future KOHO Advances, and/or

• d) suspend or terminate your KOHO Account.

7. Termination

You may terminate this Agreement or the ability for us to withdraw your funds by way of PAD at any time by withdrawing from KOHO Advance within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the KOHO Advance program at any time. If this Agreement is terminated by you or by KOHO, you must immediately repay the amount of any outstanding Advance. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

8. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

9. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to KOHO Advance. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you have an outstanding Advance, if you request a new Advance or if you make a repayment after we have made a change to this Agreement, you will be considered to have agreed to the change.

10. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, KOHO Advance, or in respect of our provision of KOHO Advance or our suspension or termination of KOHO Advance.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

KOHO Bundle Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO Advance no-fee, no-interest line of credit facility (“KOHO Advance”) extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”). By requesting KOHO Advance through the KOHO App, you agree to these terms and conditions.

1. Eligibility:

To access KOHO Advance, your KOHO Account must be in good standing which means:

• a) your KOHO Account must be active, and

• b) you must have Payroll Direct load set up on your KOHO Account and have received at least one payroll direct load of $100 or more in the current or previous calendar month. For example, to be eligible for the program in March, you must have received a direct load of $100 or more in February or March.

2. KOHO Bundle

The KOHO Bundle is a subscription service that provides access to a collection of KOHO products and services in exchange for a $5 fee (“Subscription Fee”). The term of the KOHO Bundle is a maximum of 15 days (“Subscription Term”) and includes:

1. Unlimited access to our in-house financial coach

2. Ability to opt into KOHO Advance, our no-fee, no interest line of credit

3. How it Works

If you meet the eligibility criteria above and you have opted-into the KOHO Bundle through the KOHO App, you will have access to the bundle of the above-noted bundle of services. When you subscribe to the KOHO Bundle, we will automatically deduct the Subscription Fee from your KOHO Account by way of pre-authorized debit (PAD). If you do not utilize any services in the KOHO Bundle, the Subscription Fee will be refunded to you at the end of the Subscription Term. Please refer to the terms and conditions for the KOHO Advance product for more details on the no fee, no interest line of credit.

4. Payment

Payment of the Subscription Fee will be made by PAD to your KOHO Account with the effective date of the PAD authorization being the date at which you opt in to the KOHO Bundle. This is a personal PAD. If you cancel or revoke our ability to withdraw funds by PAD for these purposes, you will not have access to the KOHO Bundle until you provide a new authorization or another payment method that is acceptable to us, in our sole discretion.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. For more information on recourse rights, contact your financial institution or visit. www.payments.ca.

5. Default

You will be in default under this Agreement if you:

• a) fail to pay the Subscription Fee, your payment is returned to us or dishonoured, or if we believe for any reason that you that you will be unable to pay the Subscription Fee,

• b) cancel or revoke the PAD authorization without a replacement authorization;

• c) close your KOHO Account or are in default under your KOHO Cardholder Agreement,

• d) are in default under the KOHO Advance Terms and Conditions,

• e) have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement,

• f) commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party, or

• g) die.

If you are in default for any of the above reasons, we may, in our discretion:

• a) charge you a non-sufficient funds (NSF) fee,

• b) request that you repay any outstanding Advance immediately,

• c) suspend or terminate access to the KOHO Bundle or any other services that KOHO may make available from time to time, and/or

• d) suspend or terminate your KOHO Account.

6. Termination

You may terminate this Agreement and our ability to withdraw funds by way of PAD at any time by withdrawing from the KOHO Bundle within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the KOHO Bundle program at any time. If this Agreement is terminated by you or by KOHO and you have not used the KOHO Bundle, the Subscription fee will be refunded, but it will not be if you terminate after using the KOHO Bundle in accordance with this agreement. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

7. Limitation of Liability

By opting into the KOHO Bundle you agree that the use of the financial coaching service does not constitute financial or investment advice and should not be interpreted as such. The information received through the financial coach should be reviewed by an independent financial or investment professional. You are solely responsible for your own financial and investment research and decisions and KOHO will not be responsible for any loss or damage you may incur as a result of your use of the financial coaching service or any other service that KOHO may make available in the KOHO Bundle.

8. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

9. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria, the offerings within the KOHO Bundle or any of the other terms and conditions relating to KOHO Bundle. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. if you subscribe to a new KOHO Bundle or use the KOHO Bundle services after we have made a change to this Agreement, you will be considered to have agreed to the change.

10. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, KOHO Bundle, or in respect of our provision of KOHO Bundle or our suspension or termination of KOHO Bundle.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

Credit Building Bundle Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the services extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”) from time to time (the “Credit Building Bundle”) as set out in more detail below. By subscribing to the Credit Building Bundle through the KOHO App, you agree to these terms and conditions.

1. Definitions

In this Agreement, “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO App.

2. Eligibility

To access the Credit Building Bundle, your KOHO Account must be in good standing which means your KOHO Account must be active and you must have activated your physical card. KOHO reserves the right to add additional eligibility criteria in its sole discretion. This program is not available for residents Saskatchewan.

3. Credit Building Bundle

The Credit Building Bundle is a subscription service that provides access to a collection of KOHO products and services in exchange for a monthly fee of $7 (“Subscription Fee”). The term of the Credit Building Bundle is six (6) months (“Subscription Term”) and includes:

• 1) Unlimited access to our in-house financial coach;

• 2) Access to, our no-fee, no interest line of credit;

• 3) Your monthly credit score, updated each month and showing monthly progress; and

• 4) KOHO reporting your payment activity to a credit bureau to help build credit.

On the expiration of the Subscription Term, you will have to re-enroll in order to continue receiving the benefits of the Credit Building Bundle.

4. How it Works

If you meet the eligibility criteria above and you have opted-into the Credit Building Bundle through the KOHO App, you will have access to the above-noted bundle of services. When you subscribe to the Credit Building Bundle, we will automatically deduct the Subscription Fee from your KOHO Account by way of pre-authorized debit (PAD) as set out in the following section. Please refer to the terms and conditions for the Credit Building Line of Credit for more details on the no fee, no interest line of credit.

5. Payment

Payment of the Subscription Fee will be made by PAD to your KOHO Account with the effective date of the PAD authorization being the date at which you opt into the Credit Building Bundle. This is a personal PAD. You authorize KOHO to debit your KOHO Account monthly for the Subscription Fee, beginning one month following the date on which you opted into the Credit Building Bundle, continuing until the expiry of the Subscription Term. You authorize PADs in this manner each time you re-subscribe to the Credit Building Bundle. If any payment date falls on a weekend or statutory holiday, such amount will be debited by KOHO on the next business day.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against the KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO. You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to the Credit Building Bundle or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment on any line of credit balance or outstanding Subscription Fees at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD authorization. For more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO app or at 1-855-564-6999.

6. Default

You will be in default under this Agreement if you:

• a) fail to pay the Subscription Fee, your payment is returned to us or dishonoured, or if we believe for any reason that you that you will be unable to pay the Subscription Fee,

• b) cancel or revoke the PAD authorization without a replacement authorization;

• c) close your KOHO Account or are in default under your KOHO Cardholder Agreement,

• d) are in default under the Credit Building Line of Credit Terms and Conditions,

• e) have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement,

• f) commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party; or

• g) die.

If you are in default for any of the above reasons, we may, in our discretion:

• a) request that you repay any outstanding Subscription Fee immediately (subject to applicable law);

• b) suspend or terminate access to the Credit Building Bundle or any other services that KOHO may make available from time to time; and/or

• c) suspend or terminate your KOHO Account.

7. Termination

You may terminate this Agreement and our ability to withdraw funds by way of PAD at any time by withdrawing from the Credit Building Bundle within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the Credit Building Bundle program at any time. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

8. Limitation of Liability

By opting into the Credit Building Bundle, you agree that the use of the financial coaching service does not constitute financial or investment advice and should not be interpreted as such. The information received through the financial coach should be reviewed by an independent financial or investment professional. You are solely responsible for your own financial and investment research and decisions and KOHO will not be responsible for any loss or damage you may incur as a result of your use of the financial coaching service or any other service that KOHO may make available in the Credit Building Bundle.

You further agree that KOHO does not guarantee that your credit score will increase solely by accessing the Credit Building Bundle. Credit scores are generated by combining a number of factors and the Credit Building Bundle is one such input.

9. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

10. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria, the offerings within the Credit Building Bundle or any of the other terms and conditions relating to Credit Building Bundle. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you subscribe to a new Credit Building Bundle or use the Credit Building Bundle services after we have made a change to this Agreement, you will be considered to have agreed to the change.

11. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, Credit Building Bundle, or in respect of our provision of Credit Building Bundle or our suspension or termination of Credit Building Bundle.

This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

What is my interest rate and fees?

Here’s our interest rate breakdown (last updated July 15, 2020):

Interest rates are per year, calculated daily, and paid monthly. Rates can change at any time without notice and such changes will be reflected in the table above.

Interest is calculated by taking your closing daily balance and multiplying it by the interest rate to user, then dividing that by 365 days. These daily portions are added together and paid to your Save account monthly. Accounts will begin to earn interest on the second day after account opening. Funds loaded thereafter start accruing interest the next business day.

In more complex terms, the interest amount you receive is equal to the aggregate of 1/365th of the applicable percentage, or 1/366th in any leap year, (as set out in the chart above) multiplied by the balance in the account as of the close of business each day. Interest accrues and is paid to users on the 5th day of every month, for the previous calendar month. If you liquidate your entire balance but your account remains open, you will receive interest owed to you on the 5th of the following month. If you close your account prior to the 5th of the month, interest will not be paid.

Neither KOHO nor ShareOwner charges a fee to open or have a Save account.

What is the referral arrangement between KOHO and ShareOwner?

KOHO and ShareOwner have entered into a referral arrangement where KOHO receives an interest rate spread on amounts that KOHO users fund to their Save account. KOHO, in turn, may apply some or all of the interest rate spread that it receives to your Save account.

For a description of the referral arrangement, please consult your Client Account Agreement. If there are changes to the terms of this referral arrangement, KOHO will provide you with written disclosure of the change no later than the 30th day before the date on which a referral fee is next paid to KOHO.

KOHO Credit Building Line of Credit Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO no-fee, no-interest line of credit (“KOHO Line of Credit”) extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”). By requesting KOHO Line of Credit through the KOHO App, you agree to these terms and conditions.

1. Definitions

In this Agreement, “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO App.

2. Eligibility

To access KOHO Line of Credit, your KOHO Account must be in good standing which means your KOHO Account must be active, you must have activated your physical card and you must have subscribed to the KOHO Credit Building Bundle. KOHO reserves the right to add additional eligibility criteria in its sole discretion. This program is not available to residents of Saskatchewan.

Failure to repay a KOHO Line of Credit will automatically make you ineligible for future KOHO Lines of Credit. KOHO will obtain your credit score to display to you within the KOHO app and will report to a credit bureau(s) in connection with KOHO Line of Credit. By signing up for the KOHO Line of Credit, you consent to KOHO obtaining your credit score solely for the purposes of this product and to reporting to a credit bureau(s).

3. Line of Credit

KOHO Line of Credit is a no-fee, no-interest Line of Credit. The terms of the KOHO Line of Credit are set out below:

To obtain information about your KOHO Account or your Line of Credit, please contact KOHO through the KOHO App or by calling customer service at 1-855-564-6999.

4. How it Works

If you meet the eligibility criteria above and you have opted-into KOHO Line of Credit through the KOHO App, you will be issued a KOHO Line of Credit in the amount of $225. You are able to draw down on your KOHO Line of Credit directly from the KOHO app.

We recommend that you do not request any additional advances on your KOHO Line of Credit that exceed 30% of the total KOHO Line of Credit limit. This is because your credit score is more likely to improve if you continue to have credit available rather than maintaining a balance that is at or near your Credit Limit. Additionally, non-payment of outstanding balances will negatively impact your credit score.

KOHO does not guarantee that your credit score will increase solely by accessing the KOHO Line of Credit. Credit scores are generated by combining a number of factors and the outstanding balance, available credit and payments made on your KOHO Line of Credit are examples of such inputs.

5. Repayment

By requesting a KOHO Line of Credit, you promise to repay us the Minimum Payment on each Payment Due Date. Repayment of your KOHO Line of Credit will be made by pre-authorized debit (PAD) to your KOHO Account on each Payment Due Date with the effective date of the PAD authorization being the date at which you opt into KOHO Line of Credit. This is a personal PAD. You are entitled to prepay the full outstanding balance of your KOHO Line of Credit at any time without any prepayment charge or penalty.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against the KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO.  You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to KOHO Line of Credit or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment of any outstanding balance on your KOHO Line of Credit at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this authorization. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD authorization. For more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO app or at 1-855-564-6999.

6. Transaction Details

If you notice an item any errors and wish to dispute it, you must inform customer service via in-app chat or by calling 1-855-564-6999 within 90 days of the date that the item was first posted to your transaction feed. If you don’t notify us within that time period, then you agree that your transactions and balances are accurate and you will not be permitted to dispute them later. We may debit or make adjustments to your KOHO Account at any time for any amount that was credited in error.

7. Default

You will be in default under this Agreement if you:

1. fail to make a Minimum Payment on the Payment Due Date, or if we believe for any reason that you that you will be unable to make a Minimum Payment or otherwise repay a KOHO Line of Credit,

2. cancel or revoke the PAD authorization without a replacement authorization;

3. close your KOHO Account or are in default under your KOHO Cardholder Agreement,

4. are in default under the KOHO Credit Building Bundle Terms and Conditions;

5. have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement,

6. commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party, or

7. die.

If you are in default for any of the above reasons, we may, in our discretion:

1. request that you repay any outstanding Line of Credit balance immediately (subject to applicable law),

2. suspend or terminate access to future KOHO Lines of Credit, and/or

3. suspend or terminate your KOHO Account.

8. Termination

You may terminate this Agreement or the ability for us to withdraw your funds by way of PAD at any time by withdrawing from KOHO Line of Credit within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the KOHO Line of Credit program at any time. If this Agreement is terminated by you or by KOHO, you must immediately repay the amount of any outstanding KOHO Line of Credit Balance. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

9. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy.

10. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to KOHO Line of Credit. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you have an outstanding balance on your Line of Credit, if you request new funds from your KOHO Line of Credit or if you make a repayment after we have made a change to this Agreement, you will be considered to have agreed to the change.

11. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party. 

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, KOHO Line of Credit, or in respect of our provision of KOHO Line of Credit or our suspension or termination of KOHO Line of Credit.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

AODA: Integrated Accessibility Standards Regulation (IASR)

Employment, Information & Communications, Customer Service & Built Environment Policy

Intent

KOHO is committed to providing a barrier-free environment for all stakeholders, including KOHO Users, employees, job applicants, suppliers, and any visitors who enter the KOHO office, work for KOHO, access information provided by KOHO, or use the KOHO product.

KOHO will work to break down the barriers that prevent or limit persons with disabilities from employment, use of the KOHO product, the KOHO office, and information and communication through the implementation of accessibility standards.

Definitions

Accessible formats: Include but are not limited to large print, recorded audio and electronic formats, braille, and other formats usable by persons with disabilities.

Assistive device: A technical aid, communication device, or other instrument that is used to maintain or improve the functional abilities of people with disabilities.

Communication supports: Captioning, alternative and augmentative communication supports, plain language, sign language, and other supports that facilitate effective communications.

Conversion-ready: An electronic or digital format that facilitates conversion into an acceptable format.

Disability: The temporary, prolonged, or permanent reduction or absence of the ability to perform certain commonplace activities or roles sometimes referred to as activities of daily living.

Service animal: An animal that can be recognized by visual indicators such as a vest or harness that is being used by an individual with a disability for reasons relating to the person’s disability.

Support person: Another person who accompanies an individual with a disability in order to help with communication, mobility, personal care, medical needs, or access to goods and services.

Guidelines

General

Establishment of Accessibility Policies and Plans

KOHO will develop, implement, and maintain policies governing how it will achieve accessibility through these requirements.

KOHO will include a statement of its commitment to meeting the accessibility needs of persons with disabilities in a timely manner in its policies. These documents will be made publicly available in an accessible format upon request.

KOHO will establish, implement, maintain, and document a multi-year accessibility plan outlining its strategy to prevent and remove barriers and meet its requirements under the IASR. Accessibility plans will be made available in an accessible format upon request and will be posted on our website.

KOHO will review and update its accessibility plan once every five years and will establish, review, and update our accessibility plans in consultation with persons with disabilities or an advisory committee. Annual status reports will be prepared that will report on the progress of the steps taken to implement KOHO’s accessibility plan. This status report will be posted on our website. If requested, the report will be created in an accessible format.

Procuring or Acquiring Goods and Services, or Facilities

KOHO will incorporate accessibility criteria and features when procuring or acquiring goods, services, or facilities. The only exception is in cases where it is impracticable to do so.

Training Requirements

KOHO will provide training on the IASR accessibility requirements and Ontario’s Human Rights Code as they pertain to individuals with disabilities. This applies to all employees and volunteers, individuals who participate in developing KOHO policies, and all other persons who provide goods, services, or facilities on KOHO’s behalf. Training will be provided as soon as is reasonably practicable, but no later than June 30, 2021. Training will be provided regularly to new employees and as changes to KOHO’s accessibility policies occur.

Records

KOHO will maintain records on the training provided, when it was provided, and the number of employees who were trained.

Employment

KOHO will make every effort to identify, remove, and prevent barriers by developing inclusive employment procedures that support persons with disabilities with accommodations during the recruitment and selection stages, and throughout the employment life cycle.

Recruitment and Hiring

KOHO understands that improving workplace accessibility and ensuring an accessible recruitment and selection process for applicants with disabilities can expand the pool of talented candidates. Upon request, KOHO will provide candidates with reasonable accommodations during the interview and selection process. Where an accommodation is requested, KOHO will consult with the applicant to arrange suitable accommodations, such as providing the application in an alternate or accessible format.

KOHO interview process will focus on experience and skills and will not discriminate against candidates who have a disability or require an accommodation. KOHO is committed to hiring decisions that are unbiased and based on qualifications and past experience. Successful candidates will be made aware of policies and supports for accommodations upon completion of the recruitment process.

Training and Development

KOHO recognizes that skills development and career planning can enrich the employment experience, increase engagement, and reduce turnover for individuals with disabilities. KOHO will align training and development programs to meet the needs of employees with disabilities and provide training as soon as reasonably practicable upon the person being assigned to applicable duties. Training programs will be designed with flexibility to allow customization for the individual requirements of the employee, such as providing training materials in accessible or conversion-ready formats that take into account the needs of the employee. KOHO will consider employee barriers when implementing performance management processes, or when offering career development, employment support, or advancement opportunities.

Communication

KOHO will provide or arrange for accessible formats and communication supports for employees, upon request. KOHO will consult with the employee to determine the specific barrier and the best way to provide support. Such accessible formats and communication supports are conversion-ready and will be provided in a timely manner and at no additional cost to employees.

When communicating with or providing information to an employee who requires accommodation or assistance due to a disability, KOHO will ensure that all communication with the individual is completed in a manner that takes into account the individual’s disability. Where an assistive device is used, KOHO will reasonably accommodate the use of the device.

Emergency Response

If necessary or if requested, KOHO will create individualized workplace emergency response plans for employees with disabilities. The emergency response plan will consider the unique challenges created by the individual’s disability and the physical nature of the workplace and will be created in consultation with the employee. If an employee with a disability requires assistance from a support person during an emergency, KOHO will designate a fellow employee to act as such.

Customized emergency response plans will be reviewed when:

• The employee moves to a different physical location in the organization;

• The employee’s overall accommodation needs, or plans are reviewed; or

• KOHO reviews general emergency response policies.

Accommodation

The duty to accommodate is required of all employers, in all jurisdictions in Canada, and encompasses providing respect and dignity, individualized accommodation, integration and participation, and barrier-free designs. KOHO will provide individual accommodations to support the needs of employees with disabilities. Personalized accommodation plans will be designed to allow employees to contribute and participate in job related functions and activities to the best of their abilities. The process of accommodating individuals will take a consultative approach and is a shared obligation of KOHO, the employee, and any applicable professionals required to assist the employee throughout the process.

Return to Work

KOHO is committed to a supportive return-to-work program and will develop and implement return-to-work processes for employees who are absent from work due to a disability and require accommodations in order to return to work. KOHO will work with the employee to develop an individualized return-to-work plan and support the employee in the transition period by addressing any barriers. The return-to-work process will outline the steps KOHO will take to facilitate the employee’s return to work and use documented individual accommodation plans.

Redeployment

If an employee cannot be accommodated in their current position, even with accommodations to either the job processes or hours, KOHO will consider redeployment by placing the employee in an alternative position within KOHO. The People & Culture team will work with the employee to determine whether there is another available position. If the accommodation requires a substantial change in the position, involving duties or hours, the position may be redesigned.

Inability to Accommodate

KOHO will provide workplace accommodation up to the point of undue hardship. Undue hardship may occur where it is established that no forms of appropriate accommodation exist, or where the creation of accommodation would create a health and safety hazard or cause unreasonable costs for the organization.

Where a necessary accommodation is found to cause undue hardship on the organization, KOHO will work to find a fair and equitable compromise that meets the needs of the employee and the organization to the greatest extent possible.

Information & Communication

Accessible Formats and Communication Supports

Unless deemed unconvertible, KOHO will provide or arrange for the provision of accessible formats and communication supports for persons with disabilities upon request. Accessible formats and communication supports will be provided in a timely manner and at no additional cost to the individual.

KOHO will account for the person’s accessibility needs when customizing individual requests and will consult with the individual making the request to ensure suitability.

KOHO will make the availability of accessible formats and communication supports publicly known.

Emergency Procedures, Plans or Public Safety Information

KOHO will ensure that all publicly available safety and emergency information, such as evacuation procedures and floor plans of the KOHO office, are provided in an accessible format or with appropriate communication supports upon request.

Accessible Websites and Web Content

KOHO will ensure that our website and web content conform to the Web Content Accessibility Guidelines (WCAG) as outlined in the IASR, and will refer to the legislation for specific compliance deadlines and requirements.

Training Resources and Materials

Upon request, KOHO will provide or arrange for the provision of the following information in an accessible format to past, current, and potential employees with disabilities:

• Training resources and materials;*

• Program information, such as course requirements, descriptions, and availability.

Accessible formats will account for the needs of the individual to whom the material is being provided.

*Training resources and materials may be provided in an accessible or conversion-ready format.

Training for Coaches & Facilitators

In addition to the general training requirements, KOHO will provide all coaches and facilitators with accessibility awareness training.

Records

KOHO will maintain a record of all training provided. Training will include the dates when training was provided and the number of people who were trained.

Producers of Educational or Training Materials

KOHO will create and make available accessible or conversion-ready materials, including textbooks and print-based supplementary learning resources upon request.

Exceptions

The Information and Communications Standards do not apply to:

• Products and product labels;

• Unconvertible information or communications; or

• Information that the organization does not control either directly or indirectly through a contractual relationship.

Unconvertible Information or Communications

If it is determined in consultation with the requesting party that information or communications are unconvertible, KOHO will ensure that the individual who made the request is provided with an explanation and a summary of the information.

KOHO will classify information or communications as unconvertible where:

• It is not technically practicable to convert; or

• The technology required to make the conversion is not readily available.

Customer Service

Access to Product & App

KOHO will seek to provide barrier-free access to the KOHO product and app for all users. Accessibility requirements will be assessed and incorporated as the product and app continues to be built. Where barriers cannot be removed, alternate means for accessing the product will be provided to the best of KOHO’s ability.

Communication

KOHO understands the importance of accessible digital and non-digital forms of communication and will do its best to provide accessible types of communication and information to all individuals with disabilities. Such accessible formats and communication supports will be provided upon request, in a timely manner and at no additional cost.

Service Disruptions

Service disruptions may occur for reasons that may or may not be within the control or knowledge of KOHO. In the event of any temporary disruptions to services that users with disabilities rely on to access or use the KOHO product and services, reasonable efforts will be made to provide advance notice.

When disruptions occur, KOHO will:

• Update the KOHO app with information about the disruption;

• Contact users by any other method that may be reasonable under the circumstances.

KOHO will make every reasonable effort to indicate when services will resume and suggest alternatives that can be utilized during the disruption. In some circumstances, such as in the situation of unplanned temporary disruptions or emergencies, advance notice may not be possible.

User Feedback

User feedback can lead to improved service, increased clientele, and a reduction in complaints. KOHO will ensure that feedback can be provided by users with disabilities through a variety of mechanisms, such as by phone, e-mail, or social media. Feedback forms, along with alternate methods of providing feedback verbally (by telephone) or written (mail, website, or e-mail), will be available upon request.

Customers who provide formal feedback will receive acknowledgement of their feedback, along with any resulting actions based on concerns or complaints that were submitted.

Building Accessibility

KOHO will work to ensure that the KOHO Office, including building interior and exterior, are designed to facilitate barrier-free access to goods or services for employees. If areas of the built environment are not accessible for certain individuals with disabilities, KOHO will work with the individual to provide an alternate means of access.

Multi-Year Accessibility Plan for Integrated Accessibility Standards Regulation

Intent

This 2021 to 2022 accessibility plan outlines the policies and actions that KOHO will put in place to improve opportunities for people with disabilities in accordance with the requirements communicated under the Integrated Accessibility Standards, Ontario Regulation 191/11.

Statement of Commitment

KOHO believes in equal opportunity and is committed to providing a barrier-free environment that allows all people to maintain their independence and dignity. This barrier-free environment extends to our employees, users, job applicants, and any visitors who may enter our virtual or physical office space. As an organization, we respect and uphold the requirements set forth under the Accessibility for Ontarians with Disabilities Act (2005) and its associated Regulations and strive to meet the needs of individuals with disabilities in a timely and effective manner.

KOHO understands that we have a responsibility for ensuring a safe, dignified, and welcoming environment for everyone. We are committed to ensuring our organization’s compliance by incorporating accessibility legislation into our policies, procedures, equipment requirements, training, and best practices. We will review these policies and practices annually, as organizational changes occur, or in anticipation of compliance deadlines. In addition, we will strive to meet the needs of individuals with disabilities in a timely and effective manner.

Providing an accessible and barrier-free environment is a shared effort, and we are committed as an organization to working with the necessary parties to make accessibility for all a reality.

If you encounter web content that you are unable to access due to a web accessibility issue, please email accessibility@koho.ca.

Plan

KOHO Instant Pay Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO Instant Pay no-fee, no-interest line of credit facility (“KOHO Instant Pay”) extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”). By requesting KOHO Instant Pay through KOHO, you agree to these terms and conditions.

1. Definitions:

In this Agreement, the following terms have the following meanings:

• “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO application.

• “Payroll Direct Load” means a form of load where you enter into a direct credit arrangement with your employer so that your payroll is automatically paid in a manner that permits it to be loaded into your KOHO Account.

• “KOHO App” means the KOHO application downloaded from the App Store or Google Play Store, as well as any affiliated web interface(s) made available to sign-up for KOHO and access KOHO Instant Pay.

2. Eligibility:

To access KOHO Instant Pay, you must be in good standing with KOHO which means:

• you must sign-up for a KOHO Account;

• your KOHO Account must be active; and

• you must have Payroll Direct Load set up on your KOHO Account, evidenced by having had at least one Payroll Direct Load into your KOHO Account.

Failure to repay any payment due on your KOHO Instant Pay will automatically make you ineligible for future participation in the KOHO Instant Pay program.

KOHO will not obtain your credit score or credit report or report to any credit bureau in connection with signing up for a KOHO Account or KOHO Instant Pay without your consent.

By signing up for KOHO Instant Pay, you consent to KOHO collecting and using information from your payroll provider, employer or other related organization for the limited purpose of offering this program. If your payroll provider, employer or other related organization is unable to disclose your information to us, you may be unable to participate in the KOHO Instant Pay program.

3. Line of Credit:

KOHO Instant Pay is a no-fee, no-interest line of credit:

To obtain information about your account or your Line of Credit, please contact KOHO through the KOHO App or by calling customer service at 1-855-564-6999.

4. How it Works

If you meet the eligibility criteria above and you have opted-in to KOHO Instant Pay through the KOHO App, you can request an advance on your KOHO Instant Pay line of credit at any time (an “Instant Pay Advance”) up to your KOHO Instant Pay credit limit. Each Instant Pay Advance request may be for an amount up to 50% of your current gross earned wages (your “Earnings”). For example, if you have $100 in Earnings, you can request an Instant Pay Advance of up to $50 to be immediately credited into your KOHO Account.

At your request, and for immediate access, we will transfer your Instant Pay Advance to another Canadian bank account for a $3.50 service fee or to your KOHO account for a $2 service fee. Alternatively, you can still have access to your Instant Pay Advance for free on the next business day. We may change the amount of the fee as KOHO Instant Pay develops. We will provide you with notice of any changes in fees, in accordance with the notice section of these Terms.

Your Earnings information and KOHO Instant Pay credit limit will be displayed in the KOHO App. KOHO receives the Earnings information directly from your employer or a related party, who is solely responsible for its accuracy and the timeliness of transmission for the purposes of enabling your access.

5. Repayment

By requesting an Instant Pay Advance, you promise to repay us the Minimum Payment on each Payment Due Date or an earlier date should you wish to do so. Repayment of each of your Instant Pay Advances will be made by pre-authorized debit (PAD) to your KOHO Account with the effective date of the PAD authorization being the date at which you opt into KOHO Instant Pay. If any payment date falls on a weekend or statutory holiday, such amount will be debited by KOHO on the next business day. This is a personal PAD. You are entitled to prepay the full outstanding balance of your KOHO Instant Pay Advance at any time without any prepayment charge or penalty.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against the KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO. You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to KOHO Instant Pay or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment of any KOHO Instant Pay Advance at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. To more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO App or at 1-855-564-6999.

6. Transaction Details

Any Instant Pay Advance that you request and the details of your repayments will be reflected in the KOHO App. If you notice an item in error and wish to dispute it, you must inform customer service via in-app chat or by calling 1-855-564-6999 within 90 days of the date that the item was first posted to the KOHO App. If you don’t notify us within that time period, then you agree that your transactions and balances are accurate and you will not be permitted to dispute them later. We may debit or make adjustments to your KOHO Account at any time for any amount that was credited in error.

7. Communications and Notifications

KOHO will communicate with you by way of the KOHO App, e.g., once your earned funds are available for withdrawal. In addition to this method of communication, KOHO may contact you and provide notices via email. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the KOHO App on sign-up. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to complete the sign-up process or otherwise contact you.

8. Default

You will be in default under this Agreement if you:

• fail to repay a Minimum Payment on a Payment Due Date, or if we believe for any reason that you that you will be unable to make a Minimum Payment or otherwise repay an Instant Pay Advance;

• cancel or revoke the PAD authorization without a replacement authorization;

• close your KOHO Account or are in default under your KOHO Cardholder Agreement;

• have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement;

• commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party; or

• die.

If you are in default for any of the above reasons, we may, in our discretion:

• request that you repay any outstanding Instant Pay Advance immediately;

• suspend or terminate access to future Instant Pay Advances; and/or

• suspend or terminate your KOHO Account.

9. Termination

You may terminate this Agreement or the ability for us to withdraw your funds by way of PAD at any time by withdrawing from KOHO Instant Pay within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the KOHO Instant Pay program at any time. If this Agreement is terminated by you or by KOHO, you must immediately repay the amount of any outstanding KOHO Instant Pay. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

10. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy. You can find a copy of KOHO Privacy Policy at: https://www.koho.ca/legal#PrivacyPolicy

11. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to KOHO Instant Pay. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you have an outstanding Instant Pay Advance, if you request a new Instant Pay Advance or if you make a repayment after we have made a change to this Agreement, you will be considered to have agreed to the change.

12. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party without notice to you.

You hereby expressly waive any and all rights of set-off that you have, may have, or be entitled to, in law, in equity, or otherwise, relating to, or deriving from:

• this Agreement, the KOHO Instant Pay, any financing agreement, related agreement or document or of any applicable laws; and

• any loan or other indebtedness that may now or in the future be owing or deemed to by owing to you to KOHO or its successors and assigns.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, KOHO Instant Pay, or in respect of our provision of KOHO Instant Pay or our suspension or termination of KOHO Instant Pay.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

KOHO Instant Pay is a service exclusively offered by KOHO and not by Peoples Trust Company.

Effective Date: August 25th, 2021

KOHO Cover Me Protection Terms and Conditions

This agreement (the “Agreement”) outlines the terms & conditions that govern the KOHO Cover Me Protection service (“Cover Me Protection”) which is an open credit facility extended to you by KOHO Financial Inc. (“KOHO”, “we” or “us”) for use with your KOHO Account. By requesting access to Cover Me Protection through the KOHO App, you agree to these terms and conditions.

1. Definitions

In this Agreement, “KOHO Account” means your regular, Joint or Premium account or a combination thereof with KOHO to facilitate your spending/savings conducted via your KOHO Card (plastic, metal, Premium or Joint) supported by the KOHO App.

“KOHO App” means the KOHO application downloaded from the App Store or Google Play Store, as well as any affiliated web interface(s) made available to sign-up for KOHO and access Cover Me Protection.

2. Eligibility

To access Cover Me Protection, you must have an active KOHO Account. KOHO reserves the right to add additional eligibility criteria in its sole discretion.

Failure to repay any Cover Me Advance will automatically make you ineligible for future access to Cover Me Protection. KOHO may obtain your credit score or credit report and will report to a credit bureau(s) in connection with providing Cover Me Protection. In any case, your consent will be obtained.

3. How it works

In the case where a transaction amount (including purchases or any applicable fees) exceeds the amount of available funds in your KOHO Account, KOHO will extend credit to you (an “Cover Me Advance”) to cover the extra amount that you need to complete the transaction.

You may cancel your enrolment in Cover Me Protection at any time through the KOHO App. Upon cancellation, no further Cover Me Advances will be extended and any outstanding Cover Me Advance(s) will be due on the next Payment Due Date.

4. Monthly Fee

To access Cover Me Protection, a fee of $5.00 per month will be deducted from your KOHO Account at the beginning of every month. This fee is for access to the Cover Me Protection service and will be payable whether or not you request an Cover Me Advance during the month.

5. Cost of Credit

There are no fees and no interest payable on any Cover Me Advance:

To obtain information about your account or Cover Me Protection, please contact KOHO through the KOHO App or by calling customer service at 1-855-564-6999.

6. Repayment

By enrolling in Cover Me Protection, you promise to repay us the Minimum Payment on each Payment Due Date or an earlier date should you wish to do so.

Payment of the Minimum Payment on each Payment Due Date will be made by pre-authorized debit (PAD) to your KOHO Account with the effective date of the PAD authorization being the date at which you enrol in Cover Me Protection. If any payment date falls on a weekend or statutory holiday, such amount will be debited by KOHO on the next business day. This is a personal PAD. You are entitled to prepay the full outstanding balance of your outstanding Cover Me Advance(s) at any time without any prepayment charge or penalty.

If you do not have sufficient funds in your KOHO Account to pay the Minimum Payment on a Payment Due Date, in addition to our rights set out in Section 9, the next time you load funds into your KOHO Account, you authorize us to deduct the Minimum Payment from those funds and your KOHO Account balance will be reduced accordingly.

You agree to waive all pre-notification requirements under the Payments Canada Rules in respect of any debits drawn from your KOHO Account under this agreement including, without limitation, pre-notification of the amount or payment dates of all debits drawn against the KOHO Account.

You may revoke this PAD authorization at any time upon providing 10 business days’ notice to KOHO.  You may obtain a sample cancellation form, or more information on your right to cancel a PAD authorization at your financial institution or by visiting www.payments.ca.

If you cancel or revoke our ability to withdraw funds by PAD for these purposes, we may suspend or terminate your access to Cover Me Protection or to your KOHO Account until you provide a new authorization or another repayment method that is acceptable to us, in our sole discretion. We reserve the right to demand repayment of any Cover Me Advance at any time, upon notice to you.

You have certain recourse rights if any PAD does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this Agreement. To more information on recourse rights, contact your financial institution or visit www.payments.ca.

For any questions about this PAD authorization, contact KOHO through the KOHO App or at 1-855-564-6999.

7. Transaction Details

Any Cover Me Advance that is extended on your KOHO Account, and the details of your repayments, will be reflected in the KOHO App. If you notice an item in error and wish to dispute it, you must inform customer service via in-app chat or by calling 1-855-564-6999 within 90 days of the date that the item was first posted to the KOHO App. If you don’t notify us within that time period, then you agree that your transactions and balances are accurate and you will not be permitted to dispute them later. We may debit or make adjustments to your KOHO Account at any time for any amount that was credited in error.

8. Communications and Notifications

KOHO will communicate with you by way of the KOHO App, e.g., if we have extended an Cover Me Advance to you. In addition to this method of communication, KOHO may contact you and provide notices via email. When we use email, we will send you electronic correspondence, including notifications, to the email address you provide to us through the KOHO App on sign-up. It is your responsibility to keep your email address up to date. You understand that if you do not keep your email address up to date, we may not be able to complete the sign-up process or otherwise contact you.

9. Default

You will be in default under this Agreement if you:

1. fail to repay a Minimum Payment on a Payment Due Date, or if we believe for any reason that you that you will be unable to make a Minimum Payment or otherwise repay an Cover Me Advance;

2. cancel or revoke the PAD authorization without a replacement authorization;

3. close your KOHO Account or are in default under your KOHO Cardholder Agreement;

4. have provided us with any false information, fail to maintain the eligibility criteria or if you fail to comply with any part of this Agreement;

5. commence insolvency or bankruptcy proceedings, or if such proceedings are commenced against you by a third party; or

6. die.

If you are in default for any of the above reasons, we may, in our discretion:

1. request that you repay any outstanding Cover Me Advance immediately;

2. suspend or terminate access to future Cover Me Advances; and/or

3. suspend or terminate your KOHO Account.

10. Termination

You may terminate this Agreement or the ability for us to withdraw your funds by way of PAD at any time by withdrawing from Cover Me Protection within the KOHO App or by calling customer service at 1-855-564-6999. We may terminate this Agreement or the Cover Me Protection program at any time. If this Agreement is terminated by you or by KOHO, you must immediately repay the amount of any outstanding Cover Me Advance. For any other questions about this Agreement, contact KOHO at 1-855-564-6999.

11. Privacy

Your privacy is important to us. KOHO will collect, use and disclose your personal information in accordance with our Privacy Policy. You can find a copy of KOHO Privacy Policy at: https://www.koho.ca/legal#PrivacyPolicy

12. Amendments

We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time, including the eligibility criteria or any of the other terms and conditions relating to Cover Me Protection. We will give you advance notice of any changes where we are required to do so by law and this Agreement will always reflect the most current terms and conditions. Changes will take effect on the date specified in any notice, or else on the date that an updated Agreement is posted on the KOHO website. Please check this Agreement regularly for any changes. If you have an outstanding Cover Me Advance, if you request a new Cover Me Advance or if you make a repayment after we have made a change to this Agreement, you will be considered to have agreed to the change.

13. General

If any part of this Agreement is found by a court to be unlawful, void, or for any reason unenforceable, then that part will be deemed to be severed from the rest of the Agreement and will not affect the validity and enforceability of the remainder of this Agreement.

We may sell, assign, or transfer all or any of our rights and obligations under this Agreement at any time to a third party without notice to you.

You hereby expressly waive any and all rights of set-off that you have, may have, or be entitled to, in law, in equity, or otherwise, relating to, or deriving from:

a. this Agreement, the Cover Me Protection service, any financing agreement, related agreement or document or of any applicable laws;  and

b. any loan or other indebtedness that may now or in the future be owing or deemed to by owing to you to KOHO or its successors and assigns.

To the fullest extent permitted by applicable laws, KOHO will not under any circumstances be liable to you (except if you are a consumer in Quebec) or any other person in any way in contract, tort (including negligence), civil liability or otherwise for any loss or damages (whether direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of your access to, or lack of access to, Cover Me Protection, or in respect of our provision of Cover Me Protection or our suspension or termination of Cover Me Protection.

Unless you are a Quebec consumer: This Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. You hereby irrevocably submit and attorn to the courts of the province of Ontario for any disputes or matters arising from, connected with, or relating to this Agreement.

For Quebec consumers only:

• The parties attorn to the jurisdiction of the courts of the province of Quebec and these terms and conditions of use shall be governed by and interpreted in accordance with the laws of the province of Quebec, without reference to its conflict of laws provisions, and the federal laws of Canada applicable therein.

• These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties

The KOHO Terms of Use are incorporated by reference and continue to apply to your use of the KOHO App, website and any KOHO product or service.

Cover Me Protection is a service exclusively offered by KOHO and not by Peoples Trust Company.

Effective Date: 09/2021