Kaddo Visa* - Prepaid Promotional Card

Cardholder Agreement

Download the PDF version of this cardholder agreement.

Cardholder Fees* Disclosure Table

Feature	Fee
Customer service (live agent per call)	$2.00
Foreign exchange charge	3.5%
Card replacement (lost or stolen)	$20.00
Inactivity fee** (charged beginning 15 months after the Card was issued, sold or last used).	$2.50
Expiry Fee - a fee will be applied upon Card expiry equal to the balance of the Card.
* All Fees are in CAD. Subject to change. See terms and conditions below for details. ** If you request an extension in the 15th month after the Card was issued, sold or last used, then no inactivity fee will be charged until 18 months after the Card was issued, sold or last used. You may request this extension in the 15th month by emailing help@mycardholdersupport.com.
The Kaddo Non-Reloadable Visa Prepaid® Card is issued by Equitable Bank under license by Visa International Incorporated.
This card does not provide ATM access. Card is not CDIC insured. Purchases made with the card will be subject to the retailer's return policy.

Kaddo Non-Reloadable Visa Prepaid® Card Cardholder Agreement

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

The following terms and conditions apply to your use of the Kaddo Non-Reloadable Visa Prepaid Card. By activating, using and/or signing (if applicable) the Card, you are agreeing to these terms and conditions and fees outlined below. Activation of the Card signifies express consent for this product. Cards are issued in connection with award, promotion or loyalty programs, without consideration given or provided by you. A current copy of this Agreement can be accessed at Kaddo.ca.

INFORMATION DISCLOSURE SUMMARY (detailed terms and conditions follow):

Card issuer: This Card is issued by Equitable Bank under license by Visa International Incorporated.

Card information and Balance: To obtain the expiry date of the Card, check your Balance, access your transaction history, make inquiries about the Card, or log a complaint, you may call customer service at 1-888-401-8062 or email help@mycardholdersupport.com. You can also access the expiry date of the Card, check your Balance, access your transaction history and obtain information about your Card by logging into payaccount.io for free.

Card restrictions:

• Your Card is a prepaid, stored value card that is limited in use to the balance prepaid on the Card. When you make a transaction or are charged a fee, the value of the transaction or fee will be deducted from your Card balance.
• Cardholders are restricted to one Card per person.
• Cardholders must be of age of majority in the province or territory where the card is issued to them.
• Use of the Card in certain countries may be restricted by law.
• The Card is not returnable.
• The Card is not refundable.
• Use of the Card may be restricted at some online merchants.
• You may not use your Card to commit or facilitate fraudulent or illegal activity.
• There is no cash access with your Card and your Card cannot be used to make cash withdrawals.
• Funds cannot be added to the Card and the Card is not reloadable.
• You must not use the Card after the expiry date.
• The Card cannot be used for pay-at-the-pump transactions.
• The Card is not eligible for protection under any Zero Liability policy.
• You do not have the right to stop the payment of any transaction you conduct with the Card.
• The Card may not be canceled by you unless otherwise directed in this Agreement or by Applicable Law.
• Regular pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from the Card, are not permitted. All PAD transactions will be rejected, and Equitable Bank will not be liable for any costs incurred by you as a result.
• The Card is subject to certain limits, as set out below. Equitable Bank may change these limits in accordance with Applicable Law and will post notice on payaccount.io at least thirty (30) days in advance of the date such change is to come into effect. The change will take effect on the date indicated in the notice. Your continued use of the Card, after the change to the limits has come into effect, will be taken as your acceptance of that change.

Limits (all limits are in CAD)

• Maximum Card Balance: Up to $1,000.00
• Maximum daily spend at point-of-sale: Up to $1,000.00

Please also note: The Card may be deactivated at any time if you do not comply with this Agreement or if fraud, related to the Card or use of the Card, is suspected, or for any other reason. We may also take any steps permitted by law to enforce our rights under this Agreement without prior notice to you and you will pay all legal fees and expenses incurred by us.

Card expiry and access to funds: The Card has an expiry date printed on the front. Your right to use the funds on the Card will expire on the last calendar day of the printed month shown on the Card. After expiry, the Card will be void, and no replacement will be made.

Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).

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

Fees^† (all fees are in CAD)

Feature	Fee
Customer service (live agent per call)	$2.00
Foreign exchange charge	3.5%
Card replacement (lost or stolen)	$20.00
Card inactivity fees - A $2.50 monthly inactivity fee will be charged beginning 15 months after the Card was issued or last used. If you request an extension in the 15th month after the Card was issued, sold or last used, then no inactivity fee will be charged until 18 months after the Card was issued, sold or last used. You may request this extension in the 15th month by emailing help@mycardholdersupport.com. Your Card will be considered inactive if there are no debit or credits processed on the Card (excluding Card fees).
Expiry Fee - A fee will be applied upon Card expiry equal to the balance of the Card.
† Subject to change. See terms and conditions below for details.

Lost or stolen Card or PIN: You must take all reasonable steps to protect the Card and/or PIN against loss, theft, or unauthorized use. If your Card has been lost or stolen, 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 notify us IMMEDIATELY by calling 1-888-401-8062.

Split tender transactions: If the Balance on the Card is insufficient to cover the full Transaction Amount, you may request the merchant to conduct a split tender transaction, which is where you use the Card as partial payment of the Transaction Amount and then pay the remainder of the amount with another form of payment (e.g., cash, cheque, credit or debit). If you fail to inform the merchant that you would like to complete a split tender transaction prior to swiping the Card, the Card may be declined. Some merchants may require payment for the remaining Balance in cash. Merchants do not have to and may not agree to accept split tender transactions.

Key Cardholder Responsibilities under this Agreement:

• You must take all reasonable steps to protect the Card (and PIN, if applicable) against loss, theft, and/or unauthorized use. If you lose the Card (or PIN), you must call customer service immediately.
• You must activate the Card upon receipt of the Card; and if the Card is physical, you must sign the Card as instructed upon the receipt of the card.
• You must surrender the Card to us immediately upon request by us.
• You must ensure that there is a sufficient Balance on the Card to cover the full amount of transactions made with the Card.
• If your information associated with the Card changes, you must notify us of the change(s) by contacting customer service at 1-888-401-8062 or by logging into payaccount.io.
• If you become aware that your information associated with the Card is incorrect, you must notify us of the correct information by contacting customer service at 1-888-401-8062 or by logging into payaccount.io.
• If you find an error in any transaction record, you must communicate the error to the merchant with whom you made the transaction.
• If you wish to dispute a transaction on your Card, you must notify us in writing of your dispute within sixty (60) days of the transaction date, as set out below.
• You must only use our online resources as set out in ‘Website and Availability’, below.

DETAILED TERMS AND CONDITIONS:

Definitions:

‘Agreement’ means this Non-Reloadable Visa Prepaid Card Cardholder Agreement between Equitable Bank and the Cardholder and all documents that are expressly referred to herein, which govern your use of the Non-Reloadable Visa Prepaid Card.

‘Amendment’ refers to any change to a term or condition of this Agreement or to the addition of a new term or condition, including increasing or adding new fees and/or charges.

‘Applicable Law’ means the Bank 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 Equitable Bank, the Program Manager and the Program Sponsor are subject to, or any bylaw, operating rule or regulation of Visa.

‘Balance’ means the amount of the funds that are loaded onto the Card.

‘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.

‘Card’ refers to the Non-Reloadable Visa Prepaid Card activated, used or signed by the Cardholder.

‘Cardholder’ means you or any other individual who has received, activated, used or signed the Card.

‘Foreign exchange charge’ means the foreign exchange service charge of 3.5%

‘Governmental Authority’ means any federal, provincial, territorial, regional, municipal or local governmental authority, quasi-governmental authority (including the Office of the Superintendent of Financial Institutions), government organization, court, 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 Equitable Bank, the Program Manager and/or the Program Sponsor or any person, property, transaction, activity, event or other matter related to this Agreement. The above definition is deemed to include any interim or permanent transferee or successor of a Governmental Authority’s underlying mandate, function or activity.

‘Visa’ means Visa International Incorporated, and its successors and assigns.

‘Visa Conversion Rate’ means the rate that we pay to Visa to convert foreign currency to Canadian currency plus the Foreign exchange charge.

‘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.

‘POS’ means point of sale, where you can use the Card to purchase goods or services from a merchant.

‘Program Manager’ means the entity that acts on behalf of the issuing bank as a third-party agent to manage the Card program.

‘Program Sponsor’ means the business or organization that has provided the Card to you as part of such Program Sponsor’s loyalty, award or promotion program.

‘Transaction Amount’ is the amount that is debited from the Balance in connection with the Cardholder’s use of the Card to purchase goods or services, which includes the amount of the Balance to be transferred, the Card service charges, and the taxes imposed to complete the transaction.

‘we’, ‘us’, and ‘our’ mean Equitable Bank, and our successors, subsidiaries, affiliates or assignees.

‘Website’ means payaccount.io.

‘you’, ‘your’, and ‘yours’ each mean the Cardholder.

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

The Non-Reloadable Visa Prepaid Card: The Card is a Non-Reloadable Visa Prepaid Card that can be used anywhere that Visa prepaid cards are accepted, including mail order, online, telephone and point of sale retail merchants, subject to the terms of this Agreement.

Activating the Card and Providing Express Consent: The Card cannot be used for any purpose until it has been activated by you. For physical Card, whether the Card has an activation sticker adhered to the Card face, you must sign the back of the Card. Activation signifies express consent for this product.

Ownership and Use of the Card: The Card can be used to pay the full amount of the purchase and applicable taxes, so long as the Balance remaining on the Card is sufficient. You cannot reload your Card. The Card is, and will remain, our property. The Card is not a credit card, charge card, or debit card and its usage will not enhance nor improve your credit rating. No interest dividends or other earnings or returns will be paid on the Card. Neither the Card nor the Balance is a deposit account.

You have no right to write cheques on, or demand repayment of, the outstanding Balance on the Card, but are strictly limited to the right to use the Card, in accordance with this Agreement, as payment for goods and services from merchants who accept prepaid Visa cards.

To use the Card, simply present the Card at the time of payment. You should retain the receipt as a record of the transaction. When you use the Card to make a purchase, the amount of the purchase, plus any applicable fees and taxes, will be deducted from the available Balance associated with the Card. If you use the 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. You will be solely and completely responsible for the possession, use and control of the Card. You must surrender the Card to us immediately upon request by us. The Card is provided to you, the Cardholder, only. You are solely and completely responsible for the possession, use and control of the Card. You may not sell or assign the Card to a third party. If you authorize another person to use the Card you agree, to the extent permitted by law, that you will be liable for all transactions arising from use of the Card by such person.

You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on the Card, and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on the Card (if applicable). 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.

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 the Card to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Card Balance will not cover the Transaction Amount plus the additional amount.

A pre-authorization will place a ‘hold’ on an amount of your available Card funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the pre-authorization amount on hold in excess of that final payment amount will be released. The time it takes for a pre-authorization hold to be removed may vary depending on the type of merchant. A hold is typically removed within fifteen (15) business days for most standard merchants, and within thirty (30) days for hotels, cruise lines and car rental agencies. During the hold period, you will not have access to the pre-authorized amount.

Information About Balance: It is your responsibility to ensure that there is a sufficient Balance on the Card to cover transactions plus any pre-authorized amounts. To obtain the current Balance amount, or the transaction history, you may call customer service toll-free at 1-888-401-8062, inquire via email to help@mycardholdersupport.com or visit the Website. The Card Balance will reflect all transactions that have been posted to our system. You are not allowed to exceed the Balance available on your Card for any transaction.

If you attempt to use the Card when there is insufficient Balance available to cover the full Transaction Amount, the transaction in most instances will be declined. However, if due to a system malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the Card, creating a negative amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Balance. If you fail to pay such amount within thirty (30) days, your Card may be cancelled.

Transactions Made in Foreign Currencies: All transactions will be recorded in your transaction history in Canadian dollars only. We convert transactions made in a foreign currency to Canadian dollars using the Visa Conversion Rate in effect on the day the transaction is posted to the Card. The Visa Conversion Rate in effect on the posting date may differ from the rate in effect on the date of the transaction and is independent of the foreign exchange charge of 3.5% (as set out under ‘Fees’ in this Agreement). If a foreign currency transaction is refunded to the Card, we will not refund the foreign exchange charge that may have been charged on your original purchase. Additionally, the Visa Conversion Rate used to convert your refund to Canadian dollars for the Card is the rate that we pay to Visa, which may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to the Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to the Card for that transaction.

Protection Against Loss, theft, or Unauthorized Use: If your Card has been lost or stolen, 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 notify us IMMEDIATELY by calling 1-888-401-8062. If the Card is lost or stolen, you will be asked to provide us with the name on the Card and the Card number, and you may be asked 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.

The Card can be used without a PIN to make purchases online.

We will refund any remaining Balance (less the Card replacement fee) after we have processed all transactions completed before we had an opportunity to act on your information. We will have a customer service representative or automated voice response service available seven (7) days a week, twenty-four (24) hours a day that will allow immediate cancellation of the Card upon your request. We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen.

A replacement Card with any remaining Balance (less our fees as stated in the section marked ‘Fees’) will be issued within fifteen (15) business days after you report the Card lost or stolen to ensure that all transactions have been processed properly. You agree, to the extent permitted by Applicable Law, to cooperate with us in our attempts to recover from unauthorized users and to assist in their prosecution.

Notification and Changes to Terms: Subject to the limitations of Applicable Law, we may from time to time amend any term or condition of this Agreement or add a new term or condition, including increasing or adding new fees. As required by Applicable Law, notice of any Amendments will be sent to you at the most recent mailing or email address that we have on record for you. If required by Applicable Law, we will, at least thirty (30) days before the Amendment comes into force, send 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.

You may refuse the Amendment and rescind this Agreement without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the Amendment comes into force, if the Amendment entails an increase in your obligations or a reduction in our obligations. If you choose to rescind this Agreement, the Cancellation section of this Agreement will apply. For any new or increased fee or charge, notification of any Amendment will be posted on the Website at least sixty (60) days in advance of the effective date of the Amendment, and we will send a notice to the most recent email address we have on record for you at least thirty (30) days in advance of the effective date of the Amendment, unless otherwise required by Applicable Law. The change will take effect on the date indicated in the notice(s). Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system or comply with Applicable Law. If such a situation does arise, then you will be given notice as soon as reasonably possible in the circumstances. We may unilaterally correct any errors without notice to you.

You are responsible for informing us of any change in your mailing or email address by: (i) contacting customer service at 1-888-401-8062; (ii) updating your profile via payaccount.io; or (iii) contacting customer service via email at help@mycardholdersupport.com.

You may also notify us of your desire to rescind the Agreement, if applicable, by delivering notice to the Program Sponsor or sending notice to us via help@mycardholdersupport.com. Notification of a lost or stolen Card may only be done by telephone as set out above. Notice will be deemed to be received on the date of delivery of notice to us or the Program Sponsor, as applicable, if notice is given by phone or the Website, and the next business day if notice is given by email.

Personal Information Consent: By activating and/or using the Card, you consent that we and our service providers may collect, use, disclose and retain your personal information for purposes relating to your activation and use of the Card and as otherwise described below. If you do not consent to the collection, use, disclosure and retention of your personal information, you may not activate or use the Card. As explained below, you may withdraw your consent at any time by canceling your Card and all related services from us. The restrictions and requirements described herein do not apply to information that is aggregated or otherwise de-personalized and does not identify you.

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, we expect that you will use appropriate measures to protect your personal information as well.

Collecting Your Personal Information. We and our service providers may collect information about you (e.g., your name, address, telephone number and date of birth) when a Card is issued to you, we and our service providers may 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 our service providers may collect your Cardholder Information directly from you and from other sources, including the Program Sponsor and third-party providers of identity verification, demographic and fraud prevention services.

Using Your Personal Information. We and our service providers may use, disclose and retain your Cardholder Information to process your activation of a Card (including to verify your identity) and, to provide you with services relating to your Card (including to administer your Card and to process your Card transactions), to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law. We may disclose your Cardholder Information to our service providers to assist us to provide services to you and to provide related services to us. We maintain physical, electronic and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.

We and our service providers may use, transfer and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). The personal information protection laws of those countries might be different from the laws of the jurisdiction in which you are located, and might permit courts, government, law enforcement and regulatory agencies and security authorities to access your Cardholder Information without notice. Any personal information transferred to another jurisdiction will be subject to law enforcement and national security authorities in that jurisdiction. Subject to these laws, we will use reasonable measures to maintain protections of your personal information that are equivalent to those that apply in your jurisdiction. You hereby give your consent to such cross-border transfers (including to the United States) of such personal information to third parties for the purpose set out above.

We may use and rely on your Cardholder Information to issue and administer your Card and provide related services. We and our service providers will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform us by contacting customer service at 1-888-401-8062 of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information. You may also communicate with us via email at help@mycardholdersupport.com with regards to requests to access information related to you that we have obtained. If such information is obtained from providers of identity verification data and demographic information, we will inform you of your right of access and rectification in relation to the file held by the personal information agent and will indicate to you the manner in which and the place where you may have access to the reports or recommendations and cause them to be rectified, where necessary. We and our service providers may use your Cardholder Information (including your telephone and mobile phone numbers and your email addresses) 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 service providers may monitor and record their communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes. By activating and/or using the Card, you agree that Equitable Bank and its service providers may share this information for audit related purposes to ensure you are receiving the best possible customer service.

Other Uses of Your Personal Information: In addition to the foregoing, if you consent to a Program Sponsor 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 the Program Sponsor or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the Program Sponsor or third party.

Your Right to Access Your Personal Information: You may obtain access to the Cardholder Information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by law. To request access to such information, to ask questions about our privacy policies or to withdraw your consent to the collection, use and disclosure of your Cardholder Information and to cancel your Card and all related services from us, contact customer service at 1-888-401-8062 or via email to help@mycardholdersupport.com. If you withdraw your consent, we will continue to collect, use, disclose and retain your Cardholder Information for as long as may be reasonably required to perform services relating to the cancellation of your Card, to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law.

Equitable Bank Privacy Policies: The general personal information practices are described in our privacy agreement, as amended from time to time, available online at www.eqbank.ca/legal/Privacy-Agreement.

Kaddo Privacy Policies: The general personal information practices are described in our privacy agreement, as amended from time to time, available online at www.kaddo.ca/privacy.

Disputes: You must check your Balance and transactions regularly. If you believe a transaction on your Card account is incorrect, you must notify us of your dispute within sixty (60) days of the transaction date by contacting customer service at 1-888-401-8062 or in writing via email to help@mycardholdersupport.com. Following your notification, a form will need to be completed and emailed to the customer service team within ninety (90) days of the transaction date. You can obtain a dispute form by calling 1-888-401-8062 and following the prompts for lost or stolen Cards. Please note that this form must be received within ninety (90) days of the date of the disputed transaction, or you will have been deemed to have accepted such transaction.

In addition, you agree that all communications in connection with the transaction disputes and chargebacks, including the signed forms, will be completed in electronic format via the email address linked to your Card. If you choose to receive these letters via traditional mail instead, you may unsubscribe from the electronic communications at any time by contacting customer service at 1-888-401-8062.

If you identify an error in any transaction record, you must address such error with the applicable merchant. If there is any dispute in regard to 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.

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

Complaints: If you have a complaint or inquiry about any aspect of your Card, you may first attempt to resolve the complaint or inquiry by calling our toll-free customer service number at 1-888-401-8062 (Step 1). If customer service is unable to resolve the complaint or inquiry to your satisfaction, you may submit your complaint via email at help@mycardholdersupport.com (Step 2). We will do our best to resolve your complaint. If for some reason we are unable to resolve the issue to your satisfaction, you may refer your inquiry or complaint in writing to Equitable Bank’s Dispute Resolution Office (DRO), Step 3 of Equitable Bank’s Customer Complaint Handling Procedure can be found at https://www.eqbank.ca/legal/customer-complaint-handling-procedures.

In addition, there are external agencies that monitor Canada’s financial industry. If you are not satisfied with the recommendation made by the DRO, you can refer your complaint to the Ombudsman for Banking Services and Investments (OBSI), an independent external complaints body, for further review.

If you choose to contact the OBSI, please do so within 180 calendar days from the date you received a response from the DRO. You may also contact the OBSI if it has been more than 56 calendar days from the day you made your complaint to us and you have yet to receive a final response. You may contact OBSl by letter, telephone, email or through its website at:

Ombudsman for Banking Services and Investments
20 Queen Street West, Suite 2400, P.O. Box 8
Toronto, Ontario M5H 3R3
Telephone: 1 (888) 451-4519
Email: ombudsman@obsi.ca
www.obsi.ca

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
Email: ombudsman@obsi.ca
www.canada.ca/en/financial-consumer-agency

Equitable Bank has adopted a number of “Voluntary Codes of Conduct and Public Commitments”, which are available at www.eqbank.ca/legal/voluntary-codes-of-conduct.

Cancellation: You may at any time cancel your Card by calling 1-888-401-8062. Alternatively, you may surrender the Card to the Program Sponsor. The Program Sponsor may not reimburse you in cash any remaining Balance on your Card less any outstanding fees, as this card was issued to you in connection with award, promotion or loyalty programs, without consideration given or provided by you.

We may cancel this Agreement or cancel your Card, at any time, with or without cause, and without notifying you in advance. We may, in our sole discretion, cancel or suspend any features or services of the Card at any time, with or without cause, and without notice, unless otherwise required by Applicable Law. Upon Agreement cancellation, your Card will also be canceled, and you should destroy it immediately. Once the Card is canceled, any remaining Balance, less any outstanding fees and pre-authorized amounts will be returned to your Program Sponsor within forty-five (45) business days from the cancellation date, as this card was issued to you in connection with award, promotion or loyalty programs, without consideration given or provided by you. Despite any cancellation of this Agreement, you must fulfill your obligations under this Agreement.

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

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

Disclaimer of Warranties: EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT AND EXCEPT FOR ANY APPLICABLE WARRANTIES SET OUT IN THE CONSUMER PROTECTION ACT (QUÉBEC), WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability: IF YOU CANNOT USE YOUR CARD FOR ANY REASON, WE ARE NOT LIABLE WHETHER THE REASON WAS WITHIN OUR CONTROL OR NOT. YOU UNDERSTAND AND AGREE THAT, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, AND IN ADDITION TO THOSE LIMITATIONS ON EQUITABLE BANK’S LIABILITY SET OUT ELSEWHERE IN THIS AGREEMENT, WE ARE LIABLE TO YOU ONLY FOR DIRECT DAMAGES RESULTING FROM OUR GROSS NEGLIGENCE, FRAUD OR WILLFUL MISCONDUCT ARISING DIRECTLY FROM OUR PERFORMANCE OF OUR OBLIGATIONS UNDER THIS AGREEMENT; WE WILL NOT BE LIABLE TO YOU FOR ANY OTHER DIRECT DAMAGES. IN ADDITION, WE WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, OR ANY OTHER FORESEEABLE OR UNFORESEEABLE LOSS RESULTING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT OR THE SERVICES PROVIDED TO YOU, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF DAMAGES OR WERE NEGLIGENT. 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 CARD, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATIONS SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. NOT IN LIMITATION OF THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE, OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. THESE LIMITATIONS APPLY TO ANY ACT OR OMISSION OF EQUITABLE BANK, ITS AFFILIATES, AGENTS OR SUPPLIERS, WHETHER OR NOT THE ACT OR OMISSION WOULD OTHERWISE GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT, STATUTE OR ANY OTHER DOCTRINE OF LAW.

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

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

Governing Law: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of Ontario and this Agreement will be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

FOR RESIDENTS OF QUÉBEC ONLY: You acknowledge and agree that you have first been presented with and have examined the French version of this Agreement, and that you then have expressly requested that this Agreement, and all related documents including notices, be drawn up in the English language and that you wish to and agree to be bound by the English version of this Agreement. Vous reconnaissez et convenez que la version française de la présente entente vous a d'abord été présentée et que vous l'avez examinée, et que vous avez ensuite expressément demandé que la présente entente et tous les documents connexes, y compris les avis, soient rédigés en anglais et que vous souhaitez être lié par la version anglaise des présentes et que vous acceptez de l'être.

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

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

Contact Information: If you have questions regarding the Card, the Card’s Balance, or this Agreement, or if you need to report a lost or stolen Card, you may call customer service at 1-888-401-8062.

Visa is a registered trademark of Visa International Service Association.

Effective: [01 May 2025]