Legal - KOHO

KOHO Terms Of Use Privacy Policy Mobile Wallet Terms Of Use Fair Use Policy CardHolder Agreement

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.

Privacy Policy

KOHO Financial Inc. (“KOHO”, “we”, “us” or “our”) is committed to protecting the privacy and confidentiality of personal information in our possession and control. This Privacy Policy explains the measures we take to fulfill these commitments and describes the manner in which KOHO collects, uses, maintains, discloses and otherwise treats personal information of users (each, a “User”) of our website at www.koho.ca, www.whatthefee.ca and the KOHO mobile application (collectively with all subpages and successor pages, the “Site”) as well as through other products and services offered by KOHO (collectively the “Services”) and other interactions with our clients and prospective clients.

By using the Site, registering for or obtaining a Service and/or providing us with personal information, you consent to the collection, use and disclosure of your personal information as described in this Privacy Policy.

Personal Information: We collect personal information from Users directly, through their interactions with the Site and the Services, and through third parties, as described below.

We may collect personal information from Users in a variety of ways, including, but not limited to, when Users visit or use our Site, register for or use a Service, and in connection with other activities, services, features or resources we make available on or through our Site. Users may be asked for, as appropriate, name, address, email address, telephone number, date of birth and banking or other account information. Users may also provide us with other personal information when they contact us with questions, inquiries, complaints or suggestions. We may also collect information about how Users use our Site and Services.

We may collect personal information from third party partners with User consent. For example, we collect information about a User’s use of their KOHO Card from the Card issuer.

If you create an account, you agree that we may verify your name, address, phone number, and other account details with information about you held by third party sources and your mobile service provider in order to verify your identity and help protect against potential fraud, such as when someone other than you is trying to use your account or conduct a transaction without your permission, and you provide your consent for them to disclose and/or compare your information for this purpose. Your personal information will not be shared with any third parties for any other purpose.

Information we Collect Automatically through our site:
We may collect information about Users whenever they interact with our Site. This information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. We use this information to understand how Users interact with our Sites, and to make improvements.

Cookies and Similar Technologies. Our Site uses a technology called “cookies”. A cookie is a tiny element of data that the Site can send to your browser, which may then be stored on your hard drive so that you can be recognized when you return. We use cookies on the Site to enhance User experience and in order to deliver personalized products and services. We also use cookies to provide us and our service providers with information about your use of the Site that we may use to personalize the Site or other content in accordance with your interests and preferences (e.g. language preference) and improve your user experience. You may set your Web browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from the Site, you may not be able to take advantage of all of the features of the Site.

Tracer Tags & Web Beacons. The Site may also use a technology called “tracer tags” or “Web Beacons”. This technology allows us to understand which pages you visit on the Site. These tracer tags are used to help us optimize and tailor the Site for you and other future visitors to the Site.

Online Advertising. We may use third parties to serve our advertisements on our Site or other websites. These companies may use cookies, tracer tags or web beacons to report certain information about your visits to our Site and other websites (such as web pages you visit and your response to ads) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant and tailored to you, both on and off our Site.

How we use Collected Information: KOHO may collect and use Users’ personal information for the following purposes:

To provide Services: We use information in order to register Users for a Service, to provide and administer our Services and to resolve any issues relating to a Service.
To respond to inquiries and provide and improve customer service:We use information to respond to a User’s inquiries, questions, and/or other requests.
Information users provide helps us respond to customer service requests and support needs more efficiently
To personalize user experience: We may use the information we collect to personalize a User’s experience when they visit or use the Site or Services. We may also use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site
To improve our Site: We may use the information we collect, including feedback Users provide, to improve our Site and Services.
To run a promotion, contest, survey or other Site feature: We use information to administer contests, promotions, surveys and other Site features.
For marketing purposes: We may use personal information in order to better understand our User’s needs and preferences in order to provide them with information and offers that we believe may be of interest to them. We may provide information and offers by any means, including by e-mail, in-app notifications, push notifications and display advertising. Users may opt out of having their personal information used for these purposes by contacting us as described below.
For research and analytics: We may use the information we collect to generate aggregate or de-identified data, which is not capable of identifying any particular User. We may use aggregate and de-identified data for any lawful purpose, including research and analytics.
For our other reasonable business purposes: We may use information to detect and prevent fraud, to enforce our agreements with Users and to maintain business records. We may also use information for other purposes with User consent or as permitted or required by law.

How We Protect Your Information: We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of Users’ personal information. Personal information is maintained on our servers or those of our service providers and is accessible to authorized employees, representatives and agents who require access in connection with their job responsibilities.

Your online access to certain of your personal information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages).

Sharing your personal information:We may disclose personal information to third parties (including outside of Canada) as necessary to provide the Services that a User has requested.

We may transfer personal information to outside agents or service providers (including our affiliates acting in this capacity) that perform services on our behalf, such as customer service and support, marketing and analytics, data hosting or processing services or similar services. Some of these service providers may be located outside of Canada, including in the United States, and as a result your personal information may be processed in the United States or elsewhere outside of Canada, where local laws may permit foreign government and national security authorities to access personal information in certain circumstances.

We may disclose personal information in connection with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of KOHO or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. Assignees or successors of KOHO or our business or assets may use and disclose your personal information for similar purposes as those described in this Privacy Policy.

We may disclose personal information in other circumstances with User consent or as permitted or required by law, including as required by foreign laws applicable to us, our affiliates and service providers.

We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Your Choices:Generally, by visiting our Site, using our Services, or otherwise providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes described in this Privacy Policy.

You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. However, if you withdraw your consent, certain functionality of the Site may not be available to you and we may not be able to provide you with certain Services.

You may ask that we not use your personal information for marketing purposes by contacting us as described in the “Contacting us” section below or by using a unsubscribe feature found within our marketing communications, where applicable. Please note that if you ask us not to use your personal information for marketing purposes, you may still see certain types of ads from us (for example, online), but these will not be tailored to your interests.

Third Party Websites: Our Site may contain links to other websites that we do not own or operate. Also, links to our Site may be featured on third party websites on which we advertise. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.

Changes to our Privacy Policy:KOHO may update or change this Privacy Policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about we handle personal information. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your continued use of the Site or Services following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting Us:You may request access to or correction of your personal information in our custody or control, by writing to the address below, attention Compliance Officer. Your right to access or correct your personal information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. If you have any questions about this Privacy Policy, or our personal information handling practices generally, please contact us at:

KOHO
www.koho.ca
67 Mowat Ave, Suite 200, Toronto, ON, M6K 3E3, Canada
1-855-564-6999
support@koho.ca

This document was last updated on March 16th, 2018

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 http://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

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

Politique D’utilisation Équitable
La politique d’utilisation équitable de KOHO énonce les conditions d’utilisation des produits et services fournis par KOHO (« KOHO Financial Inc. ») à ses membres. La politique d’utilisation équitable vise à assurer la facilité de communication, à protéger les utilisateurs contre des frais indus et à prévenir la fraude et l’abus. Les termes qui ne sont pas définis ci-dessous se trouvent dans les conditions d’utilisation.

Utilisation des Produits et Services De KOHO
Les produits et services de KOHO sont réservés à un usage personnel, conformément à la Convention régissant l’utilisation de la carte prépayée Visa* KOHO (« utilisation légitime »).

Résilation et Suspension des Produits et Services de KOHO
Si l’utilisation que fait un membre d’un produit ou d’un service de KOHO est jugée illégale ou déraisonnable, KOHO peut, en vertu de la présente politique d’utilisation équitable, demander à ce membre de changer l’utilisation qu’il fait du produit ou service.

Comme il est stipulé dans la Convention régissant l’utilisation de la carte prépayée Visa KOHO, KOHO se réserve le droit de suspendre ou de restreindre l’utilisation d’un compte (en tout ou en partie) si elle estime que le titulaire l’utilise d’une façon qui contrevient à l’usage prévu. Si votre compte fait l’objet d’une suspension ou de restrictions, nous communiquerons avec vous pour vous proposer des solutions et vous donner l’occasion d’expliquer l’usage que vous faites du produit ou service.

Pour toute question, veuillez nous écrire à support@koho.ca

KOHO Visa* Prepaid Card / KOHO Premium Visa Prepaid Card Cardholder Agreement

Please Read This Agreement Carefully And Keep a Copy For Your Records

Your acceptance and use of your KOHO Visa Prepaid Card or your 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 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 change¹. You will be notified in advance of these changes so please keep the contact information associated with your KOHO Card up-to-date.

Koho Fees

KOHO Visa Prepaid Card Fees	KOHO Card	KOHO Premium
New Koho Card	$0/Free	$0/Free
Activation Fee	$0/Free	$0/Free
Purchases	$0/Free	$0/Free
Electronic funds transfer from your bank account²	$0/Free	$0/Free
Interac e-Transfer®	$0/Free	$0/Free
Payroll Direct	$0/Free	$0/Free
Direct Debit	$0/Free	$0/Free
Live Customer Service (per call)	$0/Free	$0/Free
Koho Card Replacement Fee	$0/Free	$0/Free
KOHO Card Cancelation Fee	$0/Free	$0/Free
Refund Processing Fee	$0/Free	$0/Free
ATM Withdrawals³	$0/Free	$0/Free
Inactivity Fee (Starting month 13 after activation, billed monthly if your Card has not been used for 90 days)	$1.00	$0/Free
Foreign Exchange Transaction Fee⁴	1.5%	$0/Free
Monthly Premium Subscription Fee⁵	N/A	$9

¹You’ll be notified before any changes are made to the fee schedule. See terms and conditions for more details.

²Additional fees for the electronic funds transfer from your bank account may be charged by the Cardholder’s financial institution, over which we have no control.

³Additional 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 30-day rolling basis.

⁴More information about this fee is included in the Transaction Made in Foreign Currencies section of this Agreement.

⁵More information about this 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 Apple Store®¹or Google Play™², go online at www.koho.ca, or call customer service’s toll-free number at 1-855-564-6999 (KOHO-999).

Card Restrictions: Cardholders must be of age of majority in the province or territory where they reside and are restricted to one (1) KOHO Visa Prepaid Card or one (1) KOHO Premium
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, if funds are not available on your Card, Peoples Trust Company will reject the PAD and Peoples Trust Company will not be liable for any costs incurred by you as a result. Your Card may be deactivated at any time if fraud, related to your Card or use of your Card, is suspected. You may not use your Card to commit or facilitate any illegal 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. Peoples Trust Company may at any time increase these limits without prior notice to the Cardholder, or allow for transactions or daily loads in excess of these limits on an ad hoc basis, but Peoples Trust Company is not obligated to do so. Peoples Trust Company may reduce these limits in accordance with Applicable Law and in such case will post notice of the reduction on the Website at least thirty (30) calendar days in advance of the effective date of the 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 Visa Prepaid Card is issued by Peoples Trust Company pursuant to licence by Visa International Incorporated. This Agreement is between you and Peoples Trust Company. KOHO is a distributor of the KOHO Visa Prepaid Card. 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 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 SERVICES AND IS NOT RESPONSIBLE FOR THEM, OR ANY LOSS, HARM OR DAMAGE OF ANY KIND YOU MAY SUFFER AS A RESULT OF USING KOHO SERVICES ON ANY THEORY OF LIABILITY, LEGAL, EQUITABLE OR OTHERWISE.

KOHO Card Limits

KOHO CARD LIMITS	KOHO Card	Premium Card
Maximum KOHO Card Balance	$20,000.00	$40,000.00
Maximum Number of Loads Per Day (Including Card to Card)	20	40
Maximum Number of Cumulative Loads Per Month (Including Card to Card)	60	120
Maximum Amount Per Single Load Transaction	$10,000.00	$15,000.00
Maximum Daily Cumulative Amount, Loads	$10,000.00	$15,000.00
Maximum Monthly Cumulative Amount, Loads	$40,000.00	$45,000.00
Maximum Number of Point of Sale (“POS”) Transactions Per Day	15	20
Maximum Amount Per Single POS Transaction	$3,000.00	$3,000.00
Maximum Daily Cumulative Amount, POS	$3,000.00	$3,000.00
Maximum Monthly Cumulative Amount, POS	$30,000.00	$40,000.00
Maximum Number of ATM Transactions Per Day	5	5
Maximum Amount Per Single ATM Transaction	$300.00	$400.00
Maximum Daily Cumulative Amount, ATM	$600.00	$800.00
Maximum Monthly Cumulative Amount, ATM	$3,000.00	$4,000.00
Maximum Amount Per Single Card to Card Transfer Transaction	$1,000.00	$1,500.00
Maximum Daily Cumulative Amount, Card to Card Transfer	$2,000.00	$2,000.00
Maximum Daily Direct Load Amount	$10,000.00	$10,000.00
Maximum Number of Direct Load Transactions Per Day	4	4
Maximum Monthly Payroll Direct Load Amount	$20,000.00	$30,000.00
Maximum Number of Payroll Direct Load Transactions Per Month	60	60
Maximum Daily e-Transfer Amount	$5,000.00	$10,000.00
Maximum Number of e-Transfer Transactions Per Day	10	20
Maximum Monthly e-Transfer Amount	$20,000.00	$40,000.00
Maximum Number of e-Transfer Transactions per Month	60	120
Maximum EFT Load Transaction Per Request	$2,000.00	$2,000.00
Maximum EFT Load Transaction per Day	$2,000.00	$4,000.00
Maximum Number of EFT Load Transactions Per Day	8	12
Maximum EFT Load Transaction per Month	$20,000.00	$30,000.00
Maximum Number of EFT Load Transactions Per Month	60	60

* KOHO 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.

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.

Split Tender Transactions: If the Balance on your Card is not sufficient to cover the full point of sale transaction amount, you may ask the merchant if they will accept a split tender transaction. A split tender transaction allows you to use the remaining Balance on your Card to pay for part of the transaction amount and cover the difference with another form of payment (e.g. cash, cheque, credit or debit). If you fail to inform the merchant that you would like to complete a split tender transaction prior to using your Card, your Card may be declined. Merchants do not have to and may not agree to accept split tender transactions.

Personal Information: By applying for a Card, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust Company and its service providers as described below. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use a Card.

Detailed Terms and Conditions Definitions

“Agreement” means this Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to in this Cardholder Agreement, which governs your use of the KOHO Visa Prepaid Card.
“Applicable Law” means the Trust and Loan Companies Act (Canada), The Personal Information Protection and Electronic Documents Act (Canada), the Act Respecting the Protection of Personal Information in the Private Sector (Québec), the Consumer Protection Act (Québec), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), 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.
“Card” means a KOHO Visa Prepaid Card or a KOHO Premium Visa Prepaid Card, as applicable.
“Cardholder” means you, or for Cardholders on a Joint Account, each of you, or any other individual who requests, activates, signs, 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 KOHO 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 KOHO Card under a PAD agreement are referred to as a “Direct Debit Payee” in this Agreement.
“Direct Load and Payment Details” means the transit, institution and “Account” numbers available through the KOHO App to permit Payroll Direct Loads 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 Loads to your Card. It does not reference a deposit account held by you or for your use
“Governmental Authority” means any federal, provincial, territorial, regional, municipal or local governmental authority, quasi- governmental authority (including the Office of the Superintendent of Financial Institutions), government organization, commission, board, professional agency, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, in each case to the extent it has jurisdiction over Peoples Trust Company and/or KOHO or any Person, property, transaction, activity, event or other matter related to this Agreement. The above definition is deemed to include any interim or permanent transferee or successor of a Government Authority’s underlying mandate, function or activity.
“Joint Accounts” means two Cards which are linked so that one single Balance may be accessed and used by either Cardholder using either Card. (Joint Accounts are not available for Premium Cards. This section applies only to KOHO 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 Apple Store® and Google Play™.
“KOHO Card” means the KOHO Visa Prepaid Card purchased, activated, received or used by the cardholder.
“Load” or “loading” mean 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) interest charges; (iv) fees; (v) adjustments; (vi) balance transfers, and; (vii) payments.
“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 Card purhcased, 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.

“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 Conversation 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 Peoples Card Services LP 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 you allow 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 document.

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 KOHO Card is owned by us and will remain our property. We will mail the KOHO Card to the address you provide.
You will be solely and completely responsible for the possession, use and control of the Card. If we request it, you must return the KOHO Card to us immediately. Your KOHO Card may not be used for any illegal transactions or purposes. If you authorize another person to use the KOHO Card you agree, to the extent permitted by Applicable Law, that you will be liable for all transactions arising from use of the KOHO Card by such person. You must sign the back of your KOHO Card immediately upon receipt and before making any use of the KOHO Card.

KOHO Programs

From time to time KOHO may offer special programs to users of the Card and the KOHO App. Programs offered by KOHO are not features of the KOHO Card and 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 agreement between you and KOHO. 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.

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 PROVID- ERS 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 the 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 Card 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. You do not have the right to stop the payment of any transaction you conduct with the Card. We are not liable to you for declining authorization for any 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 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 the Card 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 within fourteen (14) calendar days for most standard merchants, and within forty-five (45) calendar days for hotels, cruise lines and car rental agencies. During the hold period, you will not have access to the pre-authorized amount.
You may also use your Card to pay some of your bills, or manage and move your funds, by Direct Debit, where the Direct Debit Payee accepts payment in this way. To make payment by Direct Debit you must first obtain the Direct Load and Payment Details for your Card from KOHO. These payment details are different from your Card number. You may use the 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 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 DIRECT LOAD AND PAY- MENT DETAILS ARE SENSITIVE INFORMATION AND MAY BE USED TO ACCESS FUNDS LOADED ON YOUR CARD. YOU AGREE THAT ALL OBLIGATIONS THAT YOU HAVE UNDER THIS AGREEMENT TO PROTECT AND DISCLOSE ANY COMPROMISE TO YOUR PIN APPLY WITH EQUAL FORCE TO YOUR DIRECT DEBIT 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 Direct Debit 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) 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 ‘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 KOHO Card. It is your responsibility to obtain such a record and ensure that it is accurate. We are not responsible for providing you with any transaction record or periodic statement.

Insufficient or Negative Balance, Inactivity, and Excess Credit

In the event that, due to a systems malfunction or for any reason whatsoever, you receive cash or credit in excess of what has been paid by you, we may correct such error when discovered and adjust the Balance available on the KOHO Card. You agree to reimburse us, for any excess cash or credit received, upon demand.
You are not allowed to exceed the Balance available on your 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 Card Balance will reflect all transactions that have been posted to our system. If you attempt to use the KOHO Card when there is insufficient Balance avail- able 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 $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 if you wish to continue using the Card.
If the Card has a Balance of $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 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 Insufficient or Negative Balance, Inactivity, and Excess Credit, 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. While your Premium Card Benefits are activated, your Card will be deemed a Premium Card, regardless of which Card plastic 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 you hold, until you re-activate your Premium Card Benefits in accordance with the previous paragraph.

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 is the rate that we pay to Visa. This 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 of 1.5% 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 of 1.5% 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 to receive a replacement Card with a new, expiry date provided that your Card is in good standing. 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, 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 Premium 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.
What We Retain and Disclose
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 their communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes.
Withdrawing Your Consent
You may withdraw your consent to the collection, use and disclosure of your Cardholder Information at any time by contacting customer service (at 1-855-564-6999 (KOHO-999)) and cancelling your Card and all related services from us. If you withdraw your consent, we will continue to collect, use, disclose and retain your Card- holder 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 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/pri-vacy/peoples-trust-privacy-policy/.

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 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: 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

Amendments

Subject to the limitations of Applicable Law, we may from time to time amend any term or condition of this Agreement or add a new term or condition, including increasing or adding new fees (an “Amendment”). If we are increasing an existing fee or adding a new fee, we will post such Amendment on the Website at least sixty (60) calendar days in advance of the Amendment taking effect and, at least thirty (30) calendar days before the Amendment comes into force, send you, at the most recent mailing or email address that we have on record for you, a written notice drawn up clearly and legibly, setting out the new clause(s) only, or the amended clause(s) and the clause(s) as it (they) read formerly, the date of the coming into force of the Amendment and your rights set forth below. The change will take effect on the date indicated in the notice. For any other Amendment we will post such Amendment on the Website at least thirty (30) days in advance of the Amendment taking effect.
You may refuse the Amendment and rescind this Agreement without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than thirty (30) calendar days after the Amendment comes into force, if the Amendment entails an increase in your obligations or a reduction in our obligations. If you choose to rescind this Agreement, the CANCELLATION section of this Agreement will apply. You are responsible for informing us of any change in your mailing or email address, by contacting customer service at 1-855-564-6999 (KOHO- 999), and for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic mail.
You may provide the cancellation notice via the KOHO App or by electronic mail to support@koho.ca (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 through the KOHO App, and the next business day after electronic mail.
You are responsible for informing us of any change in your mailing or email address and for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic mail. For the most recent version of the Cardholder Agreement, fees, or terms and conditions, visit the Website.

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 $0.00 before cancelling the Card. Once we have received notice to cancel the Card, KOHO will then transfer to you any remaining Balance on your Card within forty-five (45) business days.
We may terminate this Agreement at any time, at which time you will immediately return the Card to us or as we direct. We or KOHO will reimburse you any remaining Balance on the Card less outstanding fees and such other amounts required by Applicable Law. Despite any termination of this Agreement, you must fulfill all of your obligations under this Agreement.

No Warranty of Availability or Uninterrupted Use

From time to time KOHO Card services may be inoperative, and when this happens, you may be unable to use your 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.
Although considerable effort is made to ensure the Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance or Website changes or failures, nor will we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labour disputes or armed conflicts. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment.
You agree to act responsibly with regard to the Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.

Third Party Claims

In the event we reimburse you for a refund claim you have made, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the KOHO Card, you are automatically deemed to assign and transfer to us any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your KOHO Card. You agree that you will not pursue any claim against or reimbursement from such third party for the amount that we paid or credited to your KOHO Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited to you. If we do not exercise our rights under this section, we do not give up our rights to exercise them in the future.

Disclaimer of Warranties

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

NEITHER WE NOR KOHO WILL BE LIABLE IN ANY WAY FOR ANY DISPUTE ARISING OUT OF THE PURCHASE OF MERCHANDISE OR SERVICES USING THE KOHO CARD OR THE FAILURE OF ANY RETAILER TO HONOUR THE KOHO CARD OR THE FAILURE OF AN ATM MACHINE TO DISPENSE CASH. WE AND KOHO ARE NOT RESPONSIBLE FOR ANY FAILURE TO SUPPLY, LACK OF SUITABILITY OR QUALITY OF ANY GOODS OR SERVICES PURCHASED FROM RETAILERS THROUGH THE USE OF THE CARD. NEITHER WE NOR KOHO WILL BE LIABLE FOR ANY ACTION OR FAILURE TO ACT OF A RETAILER OR A REFUSAL BY A RETAILER TO HONOUR THE KOHO CARD, WHETHER OR NOT SUCH FAILURE OR REFUSAL IS AS A RESULT OF ANY ERROR OR MALFUNCTION OF EQUIPMENT USED TO EFFECT AN AUTHORIZATION OF THE KOHO CARD. WE WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR INCONVENIENCE YOU MAY INCUR IF YOU ARE UNABLE TO USE THE KOHO CARD AS A RESULT OF ANY FAILURE, ERROR, MALFUNCTION OR TECHNICAL PROBLEM WITH OR AT KOHO OR WITH OUR SERVICE PROVIDERS’ SYSTEMS OR EQUIPMENT, OR WITH AN ATM.
EXCEPT AS EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. ALSO WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO HONOUR THE KOHO CARD, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION AT TRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES. IN NO EVENT YOU WILL BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
ALTHOUGH KOHO IS NOT A DIRECT PARTY TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT KOHO IS THE DISTRIBUTOR OF YOUR KOHO CARD, AND YOU AGREE THAT KOHO MAY RELY UPON THESE LIMITATIONS OF LIABILITY AS IF IT WERE A PARTY TO THIS AGREEMENT AND YOU HAD MADE THIS AGREEMENT DIRECTLY WITH KOHO AND EVEN IF SEPARATE AGREEMENTS YOU HAVE ENTERED INTO WITH KOHO CONTAIN AND “ENTIRE AGREEMENT” CLAUSE, STIPULATING THAT AGREEMENT CONTAINS ALL MATERIAL TERMS OF YOUR CONTRACT WITH KOHO.

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 sets out the entire agreement between the parties with respect to the use of the KOHO Card. This Agreement replaces all prior agreements and understandings between the parties with respect to the KOHO Card.

Governing Laws

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

Section Headings

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

Severability

If any 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, Suite 200, Toronto, ON, M6K 3E3.
*Visa Int./Peoples Trust Company, Licensed User.
¹Apple Store® is a trademark of Apple Inc., registered in the U.S. and other countries.
²Google Play™ is a trademark of Google Inc.

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