User Terms & Conditions

The Site and Services are made available to you by Locorum London Inc. (“Company”, “we” or “us”) only under the following terms and conditions (the "Terms").

The Company provides access to information through our website accessible at the URL shop.locorum.ca (the “Site”) and we may provide the ability to use certain functionalities of the Site, including listing products and services available for purchase and sale on the terms herein and providing rewards of various kinds to consumers (the "Services").

PLEASE READ THE TERMS CAREFULLY.  BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD.  NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOUR ARE AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.

I. SERVICES

A. Earn Rewards Points Each Time You Shop Local

We offer you, the consumer, incentives to shop products and services from local businesses and entrepreneurs. We connect you with local business and entrepreneurs via the digital marketplace. The Site allows you to easily find, compare, hire and shop from local businesses and entrepreneurs and receive rewards as follows:

(1) Search and find a local business via the Site.

(2) Arrange for the local business to provide the services and/or products.

(3) Once the services or products have been provided, you will notify us that the transaction is complete via the Site and provide a review of the local business.

(4) Upon payment for the services and/or products, the local business will also mark the transaction complete.

(5) Once the above steps (1) – (4) are complete, the local business will remit payment to us. This Site is free to use for consumers.

(6) Upon receipt of payment from the local business, we will apply a portion of the payment as cash back to you in the form of rewards points to your Rewards Card for you to use for other products and services available via the Site and at other merchants who accept payment via the Rewards Card from time to time.

B. Rewards Card

A Rewards Card will be issued to you upon completion of an application via the Site. You acknowledge that the Rewards Card is administered by a third party service provider and by completing the application, you agree to be bound by the terms and conditions applicable from time to time by the third party service provider which is available at the following link: [NTD: INSERT LINK].

In order to receive a Rewards Card, you must apply for and maintain in good standing an account with us via the Site.

C. Provision of Services and Products

You acknowledge and agree that the service or product provider is responsible for the provision of services and/or products and we do not endorse or provide any recommendations relating to the same. You agree that you are purchasing such services and products at your own risk and are only relying on the representations and warranties of the local business with which you transact, if any.

II. ACCESS TO OUR SERVICES

A.  Accounts

In order to use certain features of the Site or Services, you must register for an account with us (the “Account”) and provide certain information about yourself as prompted by the Site registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are at least the age of majority in the jurisdiction where you reside and where you will use the Services. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

B.  Access to Features of Online Services

Subject to these Terms, we grant you a revocable, limited, non-exclusive, nontransferable personal license to (a) access and use the Site and Services and (b) download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the Site as available for download ("Downloadable Tools") (if any).  The Downloadable Tools are deemed part of the “Service”.  Your use of any Downloadable Tools may be subject to additional terms and conditions that accompany such Downloadable Tools.

C.  General Restrictions on Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect.  You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Site and the Services (including the Downloadable Tools) only for the purposes authorized by the Company from time to time. You further agree not to combine or integrate the Site and the Services (including the Downloadable Tools) with hardware, software or other technology or materials not provided by us.  You may not modify or create any derivative product based on the Site, the Site and the Services (including the Downloadable Tools).  You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services (including the Downloadable Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code.  Except as expressly stated herein, no part of the Site or Services (including the Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services (including the Downloadable Tools) to: (a) violate any applicable laws; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users except as authorized herein; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.  Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.  You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.

D.  Ownership

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service (including the Downloadable Tools), and all related intellectual property rights, other than User Content.  Company and its suppliers reserve all rights not granted in these Terms.  Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services.  If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.  You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

III. USER CONTENT

A.  User Content.

“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile, photographs, or other postings).  You are solely responsible for your User Content and assume all risks associated with use of your User Content.  You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below).  You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company.  Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  Company is not obligated to backup any User Content and User Content may be deleted at anytime.  You are solely responsible for creating backup copies of your User Content if you desire.

B.  License

You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, Company’s other products and services, and Company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

C.  Acceptable Use Policy.

The following sets forth Company’s “Acceptable Use Policy”:  You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

D.  Enforcement.

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities.

E. Other Users.

Each Site or Service user is solely responsible for any and all of its User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content.  Your interactions with other Site or Service users are solely between you and such user.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

You agree to comply with all privacy laws relating to other User Content and not disclose the same accept in accordance with applicable laws and the privacy policy in effect by the Company from time to time. Upon termination of your Account, you agree to destroy all User Content belonging to others, accept such information you are required by law to retain.

F. Release.

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users.

G. Protection.

Although the Company makes every endeavor to keep the Site free from viruses, the Company cannot make any guarantee that it is virus-free and that all users are transacting business in a good faith manner. You shall, for your own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any content, information, software or documentation and undertake such other precautions to safeguard against fraud and theft.

IV.  DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

A.  Limited Warranties

THE SERVICE, THE SITE (INCLUDING THE DOWNLOADABLE TOOLS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE.  THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE OUR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT.  WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS.  WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION.  WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES.

B.  Limitation Of Liability

USE OF OUR SERVICE, THE SITE (INCLUDING ANY DOWNLOADABLE TOOLS), AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE (INCLUDING ANY DOWNLOADABLE TOOLS), AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.

C.  Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY BY ATTORNEYS CHOSEN AND INSTRUCTED BY US (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR APPLICABLE LAW BY YOU OR THOSE YOU ARE RESPONSIBLE FOR AT LAW AND FROM ALL THIRD PARTY CLAIMS.

V. TERM AND TERMINATION

These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (which ever occurs first).  We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice.  You may delete your Account at any time, for any reason, by following the instructions on the Site.  You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases.  Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.  Your indemnity obligations will survive the termination of these Terms.

VI. MISCELLANEOUS MATTERS

A.  Governing Law, Venue and Attornment.

These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.  Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a court of competent jurisdiction located in London, Ontario and each party irrevocably submits and attorns to the exclusive jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding anything to the contrary, Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.  You agree that any claim or cause of action related to the Site, the Services (including the Downloadable Tools) and/or these Terms must be filed within one (1) year after such claim or cause of action arose or shall be forever barred and that this contractually limited limitation period is fair and reasonable.

B.  Modifications to Terms

We may change these Terms from time to time.  Any such changes will become effective upon the earlier of five (5) calendar days following our dispatch of an e-mail notice to you (if applicable) or five (5) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site or Services.  If you object to any such changes, your sole recourse will be to cease using the Site and the Services (including the Downloadable Tools).  Continued use of the Site or the Services (including any Downloadable Tools) following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.  In addition, certain features of the Services may be subject to additional terms of use.  By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features.  In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

C.  Modifications to Services.

We reserve the right to modify the Site and/or Services at any time without notice.  If you object to any material changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Account, or not renew the Account (if applicable).  Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified.  We also reserve the right to discontinue the Site and/or Services at any time without notice.  We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

D.  General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services (including the Downloadable Tools).

Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

The word including used herein means ‘including without limitation’.

These Terms constitute the entire agreement between you and us with regard to the matters described above.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Any notices, including the service of all legal documents and claims, to be given in connection with these Terms and all matters between you and the Company may be given:

(i) by the Company by means of e-mail or otherwise in writing to you, in the Company’s sole discretion, at the last known e-mail address or address contained for you in the Company’s records; or

(ii) by you to the Company by means of a written notice served by registered mail or by prepaid commercial courier to the following address:

124 Dundas St. 2nd Floor, London, ON, Canada N6A 1G1

You specifically acknowledge and agree that these Terms and all agreements contained herein are drawn and provided only in the English language and you elect and agree to all correspondence between you and the Company in English.

PRIVACY POLICY

A. Commitment to Data Privacy Protection

Protecting the security and privacy of your personal information is important to Locorum, therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. We hope the policy outlined below will help you understand what data Locorum may collect, how Locorum uses and safeguards that data and with whom we may share it.

B. Personal Information

Through the Site, Locorum will not collect any personal information about you (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with it or unless otherwise permitted by applicable laws and regulations.

C. Purpose of Use

When you do provide us with personal information through the Site, we usually use it to respond to your inquiry, process your order or provide you access to specific information or offers. Also, to support our relationship with you:

  • We may store and process personal information and share it with our service partners to better understand your needs and how we can improve our services; or
  • We (or a third party on our behalf) may use personal information to contact you about a Locorum offer in support of your needs or to conduct online surveys to understand your needs.

If you choose not to have your personal information used to support our customer relationship (especially direct marketing or market research), we will respect your choice. We do not sell or otherwise market your personal information to third parties, except to Locorum affiliates.

D. Purpose Limitation

Locorum will collect, use or disclose personal information supplied by you online only for the purposes disclosed to you, unless the disclosure:

  • is a use of the personal information for any additional purpose that is directly related to the original purpose for which the personal information was collected,
  • is necessary to prepare, negotiate and perform a contract with you,
  • is required by law or the competent governmental or judicial authorities,
  • is necessary to establish or preserve a legal claim or defense, or
  • is necessary to prevent fraud or other illegal activities, such as willful attacks on Locorum information technology systems.

E. Non-Personal Information Collected Automatically

When you access our Site, we may automatically (i.e., not by registration) collect non-personal information (e.g. type of Internet browser and operating system used, domain name of the Site from which you came, number of visits, average time spent on the site, pages viewed). We may use this information to monitor the attractiveness of our Site and improve its performance or content.

F. Communications or Utilization Data

Through your use of telecommunications services to access our Site, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal information. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.

G. Cookies

When you access the Site, we may use a browser feature called a 'cookie' to collect information that is not personally identifiable (such as the type of Internet browser and operating system you use, the domain name of the Site from which you came, number of visits, average time spent on our Site, and pages viewed). A cookie is a small text file containing a unique identification number that identifies your browser, but not you, to our computers each time you visit one of our Sites that uses cookies. In addition to the identified purposes described in our Privacy Code, we may use this Site information and share it with our affiliates and other organizations with whom we have a commercial relationship to measure the use of our Site and to improve the functionality and content of the Site. If you wish, you can reset your browser either to notify you when you have received a cookie or refuse to accept cookies. However, if you refuse to accept cookies, you may not be able to use some of the features available on our Site, including the ability to receive rewards points to your Rewards Card.

H. Online Communications

In order to provide you with a product, service or information, you may voluntarily submit personal information to us for purposes such as registration, queries and correspondence, making a purchase, obtaining a quote or other information, and participating in contests and surveys. If you are known to Locorum as a registered user of an online service, we may combine and store personal information about your use of our Site and the online information you have provided with certain other online and offline information we may have collected.

I. E-Mail Communications

Occasionally, we may send you e-mail communications with information that may be useful to you, including information about the products and services of Locorum, its affiliates and other third parties with whom we have a commercial relationship. We will include instructions on how to unsubscribe and inform us of your preferences if you decide you do not want to receive any future marketing or promotional e-mails from Locorum However, if you are a customer, supplier or otherwise have a commercial relationship with Locorum, to ensure that you receive important information, you agree that we may send you non-marketing related information when necessary.

J. Children

Our Site is not, and is not intended to be, used by children nor is it used to knowingly collect information from or market to children. Locorum encourages all parents and guardians to instruct children in the safe and responsible use of their personal information while using the Internet.

K. Links

Our Sites may contain links to other Sites which are provided to you as a convenience only. You are advised that other third party Sites may have different privacy practices and Locorum has no responsibility for such third party Sites.

L. Security

To protect your personal information against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, Locorum uses technical and organizational security measures of a commercially reasonable nature, however, we cannot guarantee the privacy or confidentiality of such personal information.

M. Questions and Comments

Locorum will respond to reasonable requests to review your personal information and to correct, amend or delete any inaccuracies. If you have any questions or comments about the Privacy Policy (e.g. to review and update your personal information), please contact our Privacy Officer at [enter email address].

N. Changes to the Privacy Code

Changes to our Privacy Policy will be noted here so that you can be fully informed about our privacy policies and practices. You are advised to check this policy regularly for updates.

Vendor Terms & Conditions

The Site and Services are made available to you, (will not be filled out, acceptance via checkbox), by Locorum London Inc. (“Company”, “we” or “us”) only under the following terms and conditions (the "Terms").

The Company provides access to information through our website accessible at the URL shop.locorum.ca (the “Site”) and we may provide the ability to use certain functionalities of the Site, including listing products and services available for purchase and sale on the terms herein and providing rewards of various kinds to consumers (the "Services").

PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE LEAST 18 YEARS OLD. NOTE THAT YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOUR ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.

I. SERVICES

A. A Tool for Local Businesses and Entrepreneurs

The Company exists to support local business and entrepreneurs. We enable local business and entrepreneurs to connect with consumers via the digital marketplace. The Site allows consumers to easily find, compare, hire and shop from local businesses and entrepreneurs.

Setting up a business account with us enables you to market your products or services within your community via our Site. The sales process will unfold as follows:

(1) We will set a marketing fee for each consumer transaction (the “Fee”).

(2) The consumer will contact you via the Site.

(3) You and the consumer will complete the transaction.

(4) You will mark each transaction complete via the Site.

(5) The consumer will provide a consumer review of your products or services

(6) Once the above steps (1) – (4) are complete, the Fee is payable to us and we will debit your pre-authorized payment account or charge your credit card. The Fee is non-refundable.

(7) Upon the consumer completing their review, we will allocate a portion of the Fee to the consumer’s Rewards Card as points (points are 1:1 dollar value, subject to change) for the consumer to use for other products and services available via the Site, and we will retain the remaining portion of the Fee as consideration for the Services. The allocation of the Fee to the consumer and us will be at our discretion and subject to change from time to time.

B. Minimum Charge

A minimum charge of a $25.00 CAD marketing fee will apply to all transactions.

C. HST

HST will be charged in addition to the Fee.

D. Indemnity and Limitation of Liability.

You agree you are responsible for the provision of all services and products to the consumer, including all professional obligations and regulations relating to the same.

You agree to indemnify and hold harmless the Company, its directors, officers, agents, employees and representatives, from and against all claims, actions, liabilities, costs, expenses and obligations relating to the sale of the products and services.

E. Representations and Warranties

You hereby represent and warrant at the time of this Agreement and so long as you maintain an Account that you:

(1) are a Canadian controlled private corporation, a Canadian citizen, a permanent resident or have refugee status in Canada;

(2) Qualify as a Canadian small business being less than 100 employees; and

(3) Are authorized to conduct your business in Canada and in any local or provincial jurisdiction in which you operate, including without limitation holding all licenses and permits necessary or as prescribed by law.

A franchisee may be eligible for an Account if its franchisor meets the above requirements.

II. ACCESS TO OUR SERVICES

A. Accounts

In order to use certain features of the Site or Services, you must register for an account with us (the “Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are at least the age of majority in the jurisdiction where you reside and where you will use the Services. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

B. Access to Features of Online Services

Subject to these Terms, we grant you a revocable, limited, non-exclusive, nontransferable personal license to (a) access and use the Site and Services and (b) download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the Site as available for download ("Downloadable Tools") (if any). The Downloadable Tools are deemed part of the “Service”. Your use of any Downloadable Tools may be subject to additional terms and conditions that accompany such Downloadable Tools.

C. General Restrictions on Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to the Service to any third-party. You may use the Site and the Services (including the Downloadable Tools) only for the purposes authorized by the Company from time to time. You further agree not to combine or integrate the Site and the Services (including the Downloadable Tools) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Site, the Site and the Services (including the Downloadable Tools). You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Site and the Services (including the Downloadable Tools) is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the Site or Services (including the Downloadable Tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services (including the Downloadable Tools) to: (a) violate any applicable laws; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users except as authorized herein; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.

D. Ownership

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Site and the Service (including the Downloadable Tools), and all related intellectual property rights, other than User Content. Company and its suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide Company any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

All trademarks, logos and service marks (“Marks”) displayed on the Site or Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

III. USER CONTENT

A. User Content.

“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content (and not Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.

B. License

You hereby grant, and you represent and warrant that you have the right to grant, to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content and to grant sublicenses of the foregoing, for the purposes of including your User Content in the Site, Services, Company’s other products and services, and Company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

C. Acceptable Use Policy.

The following sets forth Company’s “Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.

D. Enforcement.

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Company Account, and/or reporting you to law enforcement authorities.

E. Other Users.

Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.

You agree to comply with all privacy laws relating to other User Content and not disclose the same accept in accordance with applicable laws and the privacy policy in effect by the Company from time to time. Upon termination of your Account, you agree to destroy all User Content belonging to others, accept such information you are required by law to retain.

F. Release.

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users.

G. Protection.

Although the Company makes every endeavor to keep the Site free from viruses, the Company cannot make any guarantee that it is virus-free and that all users are transacting business in a good faith manner. You shall, for your own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any content, information, software or documentation and undertake such other precautions to safeguard against fraud and theft.

IV. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

A. Limited Warranties

THE SERVICE, THE SITE (INCLUDING THE DOWNLOADABLE TOOLS), ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING, AND THE PRODUCTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. THE SUBMISSION OF ANY USER CONTENT AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE OUR SERVICE AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR FROM RELIANCE UPON THE SITE OR SERVICES, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL USER CONTENT. WE ARE NOT THE PROVIDER OF, AND MAKE NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE OR SERVICE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SITE OR SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SITE OR SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SITE OR SERVICES AND FROM THE OUTPUT OF THE SITE OR SERVICES.

B. Limitation Of Liability

USE OF OUR SERVICE, THE SITE (INCLUDING ANY DOWNLOADABLE TOOLS), AND/OR THE PRODUCTS ARE AT YOUR OWN RISK. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, THE SERVICE, THE SITE, OR THE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF WE WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE (INCLUDING ANY DOWNLOADABLE TOOLS), AND WE WOULD NOT PROVIDE THE SITE OR SERVICE OR PRODUCTS TO YOU WITHOUT THIS LIMITATION.

C. Indemnification

YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND, AT OUR OPTION, DEFEND OUR COMPANY BY ATTORNEYS CHOSEN AND INSTRUCTED BY US (INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS) FROM AND AGAINST ALL DAMAGES, CLAIMS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR APPLICABLE LAW BY YOU OR THOSE YOU ARE RESPONSIBLE FOR AT LAW AND FROM ALL THIRD PARTY CLAIMS.

V. TERM AND TERMINATION

These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (which ever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. Your indemnity obligations will survive the termination of these Terms.

VI. MISCELLANEOUS MATTERS

A. Governing Law, Venue and Attornment.

These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to these Terms or the Site or Services (a “claim”) must be brought in a court of competent jurisdiction located in London, Ontario and each party irrevocably submits and attorns to the exclusive jurisdiction and venue of any such court in any such action or proceeding. Notwithstanding anything to the contrary, Company may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information. You agree that any claim or cause of action related to the Site, the Services (including the Downloadable Tools) and/or these Terms must be filed within one (1) year after such claim or cause of action arose or shall be forever barred and that this contractually limited limitation period is fair and reasonable.

B. Modifications to Terms

We may change these Terms from time to time. Any such changes will become effective upon the earlier of five (5) calendar days following our dispatch of an e-mail notice to you (if applicable) or five (5) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. If you object to any such changes, your sole recourse will be to cease using the Site and the Services (including the Downloadable Tools). Continued use of the Site or the Services (including any Downloadable Tools) following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

C. Modifications to Services.

We reserve the right to modify the Site and/or Services at any time without notice. If you object to any material changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Account, or not renew the Account (if applicable). Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

D. General Terms

You agree to comply with all laws, rules and regulations that apply to your use of the Site, the Services (including the Downloadable Tools).

Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.

If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

The word including used herein means ‘including without limitation’.

These Terms constitute the entire agreement between you and us with regard to the matters described above.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

Any notices, including the service of all legal documents and claims, to be given in connection with these Terms and all matters between you and the Company may be given:

(i) by the Company by means of e-mail or otherwise in writing to you, in the Company’s sole discretion, at the last known e-mail address or address contained for you in the Company’s records; or

(ii) by you to the Company by means of a written notice served by registered mail or by prepaid commercial courier to the following address:

124 Dundas St. 2nd Floor, London, ON, Canada N6A 1G1

You specifically acknowledge and agree that these Terms and all agreements contained herein are drawn and provided only in the English language and you elect and agree to all correspondence between you and the Company in English.

PRIVACY POLICY

A. Commitment to Data Privacy Protection

Protecting the security and privacy of your personal information is important to Locorum, therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. We hope the policy outlined below will help you understand what data Locorum may collect, how Locorum uses and safeguards that data and with whom we may share it.

B. Personal Information

Through the Site, Locorum will not collect any personal information about you (e.g. your name, address, telephone number or e-mail address), unless you voluntarily choose to provide us with it or unless otherwise permitted by applicable laws and regulations.

C. Purpose of Use

When you do provide us with personal information through the Site, we usually use it to respond to your inquiry, process your order or provide you access to specific information or offers. Also, to support our relationship with you:

  • We may store and process personal information and share it with our service partners to better understand your needs and how we can improve our services; or
  • We (or a third party on our behalf) may use personal information to contact you about a Locorum offer in support of your needs or to conduct online surveys to understand your needs.

If you choose not to have your personal information used to support our customer relationship (especially direct marketing or market research), we will respect your choice. We do not sell or otherwise market your personal information to third parties, except to Locorum affiliates.

D. Purpose Limitation

Locorum will collect, use or disclose personal information supplied by you online only for the purposes disclosed to you, unless the disclosure:

  • is a use of the personal information for any additional purpose that is directly related to the original purpose for which the personal information was collected,
  • is necessary to prepare, negotiate and perform a contract with you,
  • is required by law or the competent governmental or judicial authorities,
  • is necessary to establish or preserve a legal claim or defense, or
  • is necessary to prevent fraud or other illegal activities, such as willful attacks on Locorum information technology systems.

E. Non-Personal Information Collected Automatically

When you access our Site, we may automatically (i.e., not by registration) collect non-personal information (e.g. type of Internet browser and operating system used, domain name of the Site from which you came, number of visits, average time spent on the site, pages viewed). We may use this information to monitor the attractiveness of our Site and improve its performance or content.

F. Communications or Utilization Data

Through your use of telecommunications services to access our Site, your communications data (e.g. Internet protocol address) or utilization data (e.g. information on the beginning, end and extent of each access, and information on the telecommunications services you accessed) are technically generated and could conceivably relate to personal information. To the extent that there is a compelling necessity, the collection, processing and use of your communications or utilization data will occur and will be performed in accordance with the applicable data privacy protection legal framework.

G. Cookies

When you access the Site, we may use a browser feature called a 'cookie' to collect information that is not personally identifiable (such as the type of Internet browser and operating system you use, the domain name of the Site from which you came, number of visits, average time spent on our Site, and pages viewed). A cookie is a small text file containing a unique identification number that identifies your browser, but not you, to our computers each time you visit one of our Sites that uses cookies. In addition to the identified purposes described in our Privacy Code, we may use this Site information and share it with our affiliates and other organizations with whom we have a commercial relationship to measure the use of our Site and to improve the functionality and content of the Site. If you wish, you can reset your browser either to notify you when you have received a cookie or refuse to accept cookies. However, if you refuse to accept cookies, you may not be able to use some of the features available on our Site.

H. Online Communications

In order to provide you with a product, service or information, you may voluntarily submit personal information to us for purposes such as registration, queries and correspondence, making a purchase, obtaining a quote or other information, and participating in contests and surveys. If you are known to Locorum as a registered user of an online service, we may combine and store personal information about your use of our Site and the online information you have provided with certain other online and offline information we may have collected.

I. E-Mail Communications

Occasionally, we may send you e-mail communications with information that may be useful to you, including information about the products and services of Locorum, its affiliates and other third parties with whom we have a commercial relationship. We will include instructions on how to unsubscribe and inform us of your preferences if you decide you do not want to receive any future marketing or promotional e-mails from Locorum However, if you are a customer, supplier or otherwise have a commercial relationship with Locorum, to ensure that you receive important information, you agree that we may send you non-marketing related information when necessary.

J. Children

Our Site is not, and is not intended to be, used by children nor is it used to knowingly collect information from or market to children. Locorum encourages all parents and guardians to instruct children in the safe and responsible use of their personal information while using the Internet.

K. Links

Our Sites may contain links to other Sites which are provided to you as a convenience only. You are advised that other third party Sites may have different privacy practices and Locorum has no responsibility for such third party Sites.

L. Security

To protect your personal information against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure or access, Locorum uses technical and organizational security measures of a commercially reasonable nature, however, we cannot guarantee the privacy or confidentiality of such personal information.

M. Questions and Comments

Locorum will respond to reasonable requests to review your personal information and to correct, amend or delete any inaccuracies. If you have any questions or comments about the Privacy Policy (e.g. to review and update your personal information), please contact our Privacy Officer at hello@locorum.ca.

N. Changes to the Privacy Code

Changes to our Privacy Policy will be noted here so that you can be fully informed about our privacy policies and practices. You are advised to check this policy regularly for updates.

Cardholder Terms & Conditions

English

French

BERKELEY RELOADABLE PREPAID MASTERCARD® 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 Berkeley Reloadable Prepaid Mastercard Card. By signing and/or using the Card, you are agreeing to these terms and conditions and fees outlined below. Cards are issued in connection with award, promotion or loyalty programs, without consideration given or provided by you.

INFORMATION DISCLOSURE SUMMARY (detailed terms and conditions will follow):

Card issuer: This card is issued by Peoples Trust Company under licence by Mastercard International Incorporated.

Card information and balance: To obtain the expiry date of the Card, if you have questions regarding the Card Balance, or to log a complaint, you may call customer service at 1-855-342-6924 or log into payaccount.io/activate for free.

Card restrictions:

  • Cardholders are restricted to one Card per person.
  • Use of the Card in certain countries may be restricted by law.
  • The Card is not returnable.
  • You may not use your Card to commit or facilitate illegal activity. There is no cash access with your Card.
  • Only the Program Sponsor may add funds to the Card.
  • The Card cannot be used for pay-at-the-pump transactions.
  • You do not have the right to stop the payment of any transaction you conduct with the Card.
  • The Card may not be cancelled 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 Peoples Trust Company will not be liable for any costs incurred by you as a result.
  • The Card is subject to certain limits, as set out below. Peoples Trust Company may change these limits in accordance with Applicable Law and will post notice on payaccount.io/activate at least thirty (30) days in advance of the date such change is to come into effect. The change will take effect on the date indicated in the notice. Your continued use of the Card, after the change to the limits has come into effect, will be taken as your acceptance of that change.
Limits
Maximum Card Balance$10,000
Maximum daily spend at point-of-sale$5,000
Maximum number of point-of-saletransactions / day10

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

Card expiry and access to funds: The Card has an expiry date printed on the front. Funds 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.

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
Customer service – live agent$2.00
Foreign exchange charge2.5%
Card replacement (lost or stolen)$20.00
Monthly fee
• Card Inactivity Fees [If there has been no card activity for 180 days, this fee will be deducted from the card balance]
$2.50

Subject to change. See terms and conditions below for details

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

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. You should not maintain a written record of, or disclose the PIN to a third party, including family members and friends. If you lose the Card and/or PIN or you become aware that the PIN may have become known to someone else, you must call customer service immediately at 1-855-342-6924. Avoid PIN combinations that may be easily guessed by others. All transactions carried out on the Card before you notify us will be considered to have been made by you.

If you forget the PIN, you can obtain a reminder by calling customer service at 1-855-342-6924. The PIN may be disabled if an incorrect PIN is entered three (3) times. If the PIN is disabled, please call customer service for assistance.

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.

Personal Information: By accepting the 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. The collection of that information is necessary for the entering into and performance of this Agreement. Therefore, if you do not consent to the collection, use, disclosure and retention of your personal information, you may not accept or use a Card.

Key Cardholder Responsibilities under this Agreement:

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

Definitions:

‘Agreement’ means this Berkeley Reloadable Prepaid Mastercard Card Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein, which govern your use of the Berkeley Reloadable Prepaid Mastercard 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.

‘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 the Program Sponsor are subject to, or any bylaw, operating rule or regulation of Mastercard.

  • ‘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 Berkeley Reloadable Prepaid Mastercard Card activated, signed, or used by the Cardholder.
  • Cardholder’ means you or any other individual who has received, activated, signed or used the Card.
  • ‘Foreign exchange charge’ means the foreign exchange service charge of 2.5%.
  • ‘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 Peoples Trust Company and/or the Program Sponsor or any Person, property, transaction, activity, event or other matter related to this Agreement. The above definition is deemed to include any interim or permanent transferee or successor of a Government Authority’s underlying mandate, function or activity.
  • ‘Mastercard’ means Mastercard Incorporated, and its successors and assigns.
  • ‘Mastercard Conversion Rate’ means the rate that we pay to Mastercard 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 they act on behalf of the issuing bank as a third-party agent to issue prepaid cards.
  • ‘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 Peoples Trust Company, and our successors, subsidiaries, affiliates or assignees.
  • ‘Website’ means payaccount.io/activate.
  • ‘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 Berkeley Reloadable Prepaid Mastercard Card: The Card is a prepaid Mastercard that can be used anywhere that Mastercard is accepted, including mail order, online, telephone and point of sale retail merchants, subject to the terms of this Agreement.

Activating the Card: The Card cannot be used for any purpose until it has been activated and signed by you on the back of the Card where indicated. Whether or not the Card has an activation sticker adhered to the Card face, you must sign the back of the Card.

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. 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 Mastercard.

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 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. 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, with thirty (30) days’ notice to you or as otherwise required by Applicable Law.

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 1-855-342-6924 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 systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the Card, creating a negative amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Balance.

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

However, if a foreign currency transaction is refunded to the Card, the Mastercard Conversion Rate used to convert your refund to Canadian dollars for the Card is the rate that we pay to Mastercard minus the Foreign exchange charge. Additionally, the rate that we pay to Mastercard 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 the Card is lost or stolen, you will be asked to provide us with the name on the Card and the Card 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.

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 table marked ‘Fees’) will be issued within ten to fifteen (10-15) 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. The Mastercard Zero Liability Policy applies to purchases made in-store, via telephone, online, or from a mobile device. As a cardholder, you will not be held responsible for unauthorized transactions if:

(i) you have exercised reasonable care in protecting the Card and PIN (Personal Identification Number) from loss or theft, and

(ii) you promptly reported the loss or theft of the Card or PIN to us.

If these conditions are not met you will be liable for all unauthorized transactions completed before you reported the loss or theft of the Card or PIN to us. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days once all the required forms and/or documents have been received and confirmed by us, and may require a police investigation.

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. We must, 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. Notification of any Amendment will also be posted on the Website at least sixty (60) days in advance of the effective date of the Amendment, unless otherwise required by Applicable Law. The change will take effect on the date indicated in the notice. You are responsible for (i) informing us of any change in your mailing or email address, by contacting customer service at 1-855-342-6924, and (ii) for checking the Website for such notifications. Notice will be deemed to be received by you five (5) days after mailing, or the next business day after electronic mail.

You may notify us by delivering notice to the Program Sponsor or sending notice to us at the Website (other than notification of a lost or stolen Card, which may only be done by telephone as set out above). Notice will be deemed to be received on the date of delivery of notice to us or the Program Sponsor, as applicable, and the next business day after electronic mail.

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. The collection of that information is necessary for the entering into and performance of this Agreement. Therefore, 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. 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, 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.

Collecting your Personal Information: We and our service providers will collect information about you (e.g. your name, address, telephone number and date of birth) when you apply for a Card and, if a Card is issued to you, we and our service providers 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 our service providers will 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 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 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 will disclose your Cardholder Information to our service providers to assist us to provide services to you and to provide related services to us.

We maintain physical, electronic and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information.

We and our service providers may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). The personal information protection laws of those countries might be different from the laws of the jurisdiction in which you are located, and might permit courts, government, law enforcement and regulatory agencies and security authorities to access your Cardholder Information without notice. The laws on data protection in other jurisdictions, to which we may transfer your information, may differ from those in your jurisdiction and any personal information transferred to another jurisdiction will be subject to law enforcement and national security authorities in that jurisdiction. Subject to these laws, we will use reasonable measures to maintain protections of your personal information that are equivalent to those that apply in 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 will 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 1-855-342-6924 of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information. You may communicate with us through our customer service number [or the Website] 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 prerecorded or artificial voice messages and automatic telephone dialling 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. With your consent, Peoples Trust 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 1-855-342-6924). 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.

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

Disputes: If you believe a transaction on your Card account is incorrect, you must notify us in writing of your dispute within sixty (60) days of the transaction date. Following your notification, a form will need to be completed and faxed to the customer service team within ninety (90) days of the transaction date. You can obtain a dispute form by calling 1-855-342-6924 and following the prompts for lost or stolen cards. Please note that this form must be received within ninety (90) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction

If you identify an error in any transaction record, you must address such error with the applicable merchant. If there is any dispute in regard to 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 Mastercard arising from or related to this Agreement or the use of the Card (i) shall be resolved by final and binding arbitration before a single arbitrator at Vancouver, British Columbia and (ii) shall not be brought through class or individual litigation proceedings. If such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.

Complaints: If you have a complaint or inquiry about any aspect of your Card, you may first attempt to resolve the complaint or inquiry by calling our toll-free customer service number at 1-855-342-6924. If customer service is unable to resolve the complaint or inquiry to your satisfaction, you may call us at 1-855-694-6214 or submit your complaint or inquiry through the form found on the Website (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 complaint to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If the Cardholder has a concern regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, the concern may be communicated at any time to the Financial Consumer Agency of Canada, either in person, by letter, by telephone, or through its website at:

Financial Consumer Agency of Canada 427 Laurier Avenue West, 6th Floor Ottawa, ON, K1R 1B9

Telephone: 1-866-461-3222

www.fcac-acfc.gc.ca

Our complaints policy can be found online at: http:// www.peoplestrust.com/en/about-us/resolving-your-concerns/. Cancellation: You may at any time terminate this Agreement by calling 1-855-342-6924. We may terminate this Agreement at any time, with or without cause.Upon Agreement cancellation, your card will also be cancelled, and you should destroy it immediately.Once the card is cancelled, a cheque for any remaining Balance, less any outstanding fees and preauthorized amounts, (and, in the case you cancelled the Agreement, will be mailed to you within forty-five (45) business days from the cancellation date.Despite any termination of this Agreement, you must fulfil your obligations under this Agreement.

Alternatively, you may surrender the Card to the Program Sponsor and the Program Sponsor will reimburse you in cash any remaining Balance on your Card less any outstanding fees.

We may terminate this Agreement at any time, at which time you must immediately return the Card to us or as we direct, provided that if you are not in default of your obligations under this Agreement, we will notify you in writing at least sixty (60) days before the date of termination.We or our Program Sponsor will reimburse you any remaining Balance on the Card less outstanding fees.Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.

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

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

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

Limitation of Liability: EXCEPT IN QUÉBEC, OR AS EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH.WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS.ALSO WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION.IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES.IN NO EVENT WILL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.

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

Assignment: At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you.If we do make such an assignment, then this Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns.

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

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

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

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

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

Contact Information: If you have questions regarding the Card, or need to report a lost or stolen Card, you may call customer service at 1-855-342-6924 or email to:help@mycardholdersupport.com.

Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.

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