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Payfare Program - Terms and Conditions

Last updated on 2017.03.02


1. INTRODUCTION:

Thank you for selecting Payfare (referred to as “Site”, “Payfare.ca”, “Payfare”, "we", "our", or "us"). Please read these Terms of Use ("Terms") carefully. The Terms are a legal agreement between you and us in relation to your use of Payfare (the “Agreement”).

2. USE CONSTITUTES ACCEPTANCE:

By accessing the Site, the Payfare mobile application (“App”) or using any of our related services (collectively with the App and the Site, the “Services”) you agree to these Terms. If you do not agree to these Terms, you must not use the Site, App or Services and should immediately exit the Site or App and delete the App from your mobile devices.

3. SCOPE:

These Terms, along with the Payfare Privacy Policy and Payfare Mastercard Cardholder Agreement which is incorporated by reference, govern your use of the Site and Services. All aspects of Payfare’s Site, App and Services are within the scope of this Agreement.

4. REGISTRATION AND THIRD PARTY ACCOUNT INFORMATION:

To register for Payfare you must provide accurate, complete and up to date information as to your first and last name, mobile number, email address, company name (if applicable) and any other information Payfare may request from time to time including information about your accounts with third-party sites (“Third-Party Account(s)”) such as username and passwords credentials. You agree that Payfare may contact your Third-Party Account holders to notify such Third-Party Account holder that You are participating in the Services and to verify your account information. You represent that you legally own and that you are authorized to provide Payfare with the Third-Party Account credentials. If you do not keep your information up to date and accurate, the effectiveness of the Services provided to you will be affected. You can update or correct your details at any time on the Payfare App or accessing your online account at Payfare.com.

You expressly authorize Payfare to store and utilize your Third-Party Account credentials to access such Third-Party Accounts on your behalf as your agent and power of attorney to retrieve and use information for the sole purposes of providing the Services. For greater certainty you acknowledge and agree that when Payfare is accessing and retrieving information from your Third Party accounts, it is acting as your agent, and not as an agent of or on behalf of the third party.

We may be required to validate your identity. You hereby authorize us to make any inquiries we consider necessary to validate your identity. If we cannot verify your identity, we can refuse to allow you to use the Services.

5. THIRD-PARTY RECEIVABLES:

As part of the Services provided, Payfare accesses your Third-Party Accounts to determine the value of funds owing to you (“Receivables”) by the third-party such as your accrued net earnings. At Payfare’s sole discretion it may purchase these Receivables from you.

For valuable consideration, you agree to sell and transfer to Payfare, all right, title and interest in and to those Receivables. You agree not to assign or attempt to assign any Receivables that you do not have the complete right, title and interest in or that have already been assigned elsewhere.

You warrant that the Receivables are just and due and that you have not received payment for the Receivables or any part of the Receivables. You further warrant that if you receive payment for the assigned Receivables by the third-party or if for any reason Payfare does not collect the Receivables from the third-party that you authorize Payfare to debit your bank account that was originally associated with the third-party in accordance to section 6 of this agreement. You will reimburse Payfare immediately, upon demand any uncollected amounts and any fees incurred by us including fees associated with attempting to collect the amount(s) from you.

We may limit the total value of Receivables purchased from you at any given time or over a period of time. We may refuse to purchase Receivables when we reasonably believe such refusal is necessary or advisable for legal or security reasons.

Payfare does not assume any responsibility for the timeliness or accuracy of information relating to transactions or Receivables within your Third-Party Account. Any Receivables purchased shall be based upon the information that we most recently accessed, and as such, may not accurately reflect activity that occurred after we last accessed the applicable Third Party Account or any pending transactions.

6. AUTHORIZATION FOR PRE-AUTHORIZED DEBITS (PADS)

6.1 Authorization to Debit Account. You hereby authorize Payfare Inc. (Payfare) to issue pre-authorized debits drawn on the bank account (the "Account") associated with your Third Party account(s) for your personal or business use. Such pre-authorized debits are also referred to as "PADs". Payfare may issue PADs sporadically in any amounts and with any frequency required to collect any funds owing to them in accordance with this Agreement. You acknowledge that you have confirmed your Account through Payfare's bank account confirmation process.

6.2 Waiver of Pre-Notification Period. You expressly waive the right to receive written notice from Payfare of the payment amount to be debited from the Account before the payment date of any PAD.

6.3 Confirmation Period. Payfare agrees to provide written confirmation of this authorization at least two (2) days before an initial PAD is debited from the Account. You acknowledge that this written confirmation can be provided via email.

6.4 Recourse. You have certain recourse rights if any PAD does not comply with this authorization. For example, you have the right to receive reimbursement for any PAD that is not authorized or is not consistent with this authorization. To obtain more information on my recourse rights, you may contact my financial institution or visit www.cdnpay.ca.

6.5 Validation by Financial Institution. You acknowledge that your financial institution is not required to verify that a PAD has been issued in accordance with the terms of this authorization.

6.6 Rights of Dispute. You may dispute a PAD if the PAD was not drawn in accordance with this authorization; You acknowledge that in order to be reimbursed, a declaration to this effect must be completed and presented to the branch of your financial institution holding the Account up to and including ninety (90) calendar days after the date on which such PAD in dispute was posted to the Account with respect to personal PADs, and ten (10) business days after the date on which such PAD in dispute was posted to the Account with respect to business PADs.
You acknowledge that the dispute of any PAD beyond the time allowed in this section is a matter to be resolved solely between yourself and Payfare.

6.7 You warrant and guarantee that you are the person that can authorize withdrawals from the Account.

6.8 You understand and accept the terms of the Authorization as set forth above and indicate your acceptance by clicking on the acceptance button at the end of this Agreement.

7. PAYFARE MASTERCARD

Payfare will deposit funds to your Payfare Mastercard each day that it purchases Receivables from you. Payfare’s Mastercard card provider partner may charge certain card related fees. Please refer to the Cardholder Agreement enclosed with your card for a complete description of fees.


8. RECEIVABLE DISCOUNT RATES:

Payfare shall purchase Receivables from you at the following discount rates: $0.50 for each earnings deposit to your card regardless of the amount. No charge if your daily earnings are less than $20.00

9. CHANGES TO THE SERVICE:

We may discontinue or change the Services or any function, feature or applicable fees threof at any time with or without notice. You agree that Payfare shall not be liable to you or any third-party for any changes or discontinuance of the Services.

10. CHANGES TO THIS AGREEMENT:

We may change the terms of this Agreement at time without notice and at our sole discretion. You are responsible for informing yourself of these terms and checking for any changes or updates. If you do not agree with any such changes or updates you must cease all use of the Site, App and Services immediately. Use constitutes acceptance.

11. THIRD PARTIES AND EXTERNAL LINKS

12.1 Third Parties: You agree that your dealings with third parties found on or through Payfare, and any warranties or representations associated with such dealings, are solely between you and the third party, and you agree not to hold Payfare liable for any disputes you may have with such a third party.

12.2 Links: Payfare provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third parties are provided solely for your convenience and we are not responsible for the availability of any such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party you do so entirely at your own risk.

13. COOKIES:

Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. We use cookies to learn more about the way you interact with our content and help us to improve your experience with Payfare.

Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.

You can visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. Note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly.

14. OWNERSHIP AND INTELLECTUAL PROPERTY

14.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site and App is protected by copyright, trademarks, database and other intellectual property rights. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of our materials or content without our prior written permission.

14.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site, App or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Payfare in any way.

15. LICENSE TO USE OUR SERVICES

You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site, App or Services;

You acknowledge that the features and services provided by us may change at any time without prior notice to you;

You acknowledge that we reserve the right to sign out, terminate or delete your account at any time and for any reason at our sole discretion;

Except as expressly permitted by these Terms, you must not edit or otherwise modify any Payfare material; and

We reserve the right to restrict your access to the Site, App or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.

16. ACCEPTABLE USE OF OUR SERVICES

You must not:

Misrepresent any personal or Third Party Account information;

Allow others to use your account;

Assign your account or otherwise transfer it;

Use another party’s account without their knowledge and consent;

Use our Services to cause nuisance, annoyance or inconvenience;

Use our Services with an incompatible or unauthorized device;

Copy, or distribute the Services or other content of Payfare without prior written permission from Payfare;

Use our Site or Services in a manner or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility;

Use our Site or Services in a manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent;

Access or otherwise interact with our Site or Services using any robot, spider or other automated means; or

Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

By using the Services, you further agree that you will:

Only use the Services or download the App for your sole, personal use and will not resell it to a third party;

Keep the password to your account confidential and secure;

Provide us with evidence of your identity upon request; and

Comply with applicable regulations and laws in your use of our Services.

You further agree that you will not:

License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;

Modify or make derivative works based upon the Services;

Create Internet “links” to the Service or “frame” or “mirror” the Site or the App on any other server or wireless or Internet-based device; or

Reverse engineer or access the Services in order to:

design or build a competitive product or service,

design or build a product using similar ideas, features, functions or graphics of the Services, or

copy any ideas, features, functions or graphics of the Services, or

launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services.

17. PRIVACY AND PERSONAL DATA

For information on how we use your personal data, please see the Payfare Privacy Policy. The terms of the Privacy Policy are incorporated into, and considered a part of, this Agreement.

We may disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. You consent to such disclosure of information without further notice to you.

18. SMS MESSAGING (TEXT MESSAGES)

In the course of using our Services you will be sent text messages providing important and useful information in relation to those Services. You will be charged your mobile telephone network provider’s standard rates for receiving such texts. Payfare does not charge you for SMS/text messages. Your mobile telephone network provider may impose message or charge limitations which are beyond our control and for which you will be solely responsible.

You acknowledge and agree that standard messaging charges will apply.

By registering for a Payfare account and using our Services, you agree to receive text messages relating to our Services.

You warrant that you are the owner of the mobile telephone number you have provided to us and that you have the authority to authorize such charges and will be solely responsible for such charges.

We are not liable for any delays or failures in your receipt of any SMS message(s) as delivery is subject to effective transmission from your mobile telephone network provider and processing by your mobile telephone device.

We reserve the right to suspend or terminate the SMS service without notice to you.

19. PROMOTIONS

Payfare may, at our sole discretion, create promotional codes that may be redeemed for account credit or other features or benefits related to the Services, subject to such terms as Payfare may establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:

Must be used for the intended audience and purpose, and in a lawful manner;

May not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Payfare;

May be disabled by Payfare at any time for any reason without liability to Payfare;

May only be used pursuant to the specific terms that Payfare establish for such Promo Code;

Are not valid for cash; and

May expire prior to your use.

Payfare reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Payfare determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

20. PAYFARE DISCLAIMERS AND LIMITED WARRANTY

We warrant that at all times while providing the Site and the App, we will exercise reasonable skill, care and diligence; use properly skilled and experienced personnel; and comply with all laws. We provide the Site, the App and all contents “AS IS.” Except as set forth in this clause 21, we make no express warranties or guarantees about the Site, the App or the Services.

TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE, APP OR SERVICES ARE OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE SITE, THE APP OR ANY RELATED CONTENT OR SERVICE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.

21. LIMITATIONS OF LIABILITY

Payfare’s total liability under this Agreement shall be limited to the total amount of the monies, if any, paid to Payfare as a result of you entering into this Agreement. In no event shall Payfare be liable for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to lost profits, business opportunity, relationships with relatives, friends, or other affiliates of you, business interruption or any other loss, pecuniary or otherwise, and including any such alleged to result from Payfare’s performance of its obligations under this Agreement).

For the avoidance of doubt, we are not responsible and will not refund for:

Losses not caused by our breach;

any act or omission, including, but not limited to, any negligent or other wrongful act or omission leading to death, injury, loss or damage;

Indirect losses;

Failure to provide Payfare Services or to meet any of our obligations under this Agreement, where such delay, cancellation or failure is due to force majeure events beyond our control (For purposes of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of Payfare, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, vandalism. accident, restraint of government, governmental acts, injunctions, labour strikes, and other like events that are beyond the reasonable anticipation and control of Payfare); or

If for any reason the Site or App is unavailable.

Your sole and exclusive remedy is to cease using the Payfare Site, App and Services.

You acknowledge and agree that the limited warranty, limited remedies and limitations on liability set forth in this Agreement are a fundamental part of the basis of Payfare’s bargain hereunder, without which Payfare would not enter into this Agreement or provide the Site, App and Services, and that the terms of this Agreement accurately and reasonably reflect the allocation of risk agreed upon by the parties.

No action, regardless of form, arising from or pertaining to this Agreement may be brought by you more than one (1) year after such action has arisen.

22. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant to us that:

This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.

You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes;

You will refrain from doing anything which is fraudulent, negligent or which may bring disrepute to us or is capable of damaging our reputation;

You agree to be responsible for any act or omission of any users that access the Site, App or Services under your account information that, if undertaken by you, would be deemed a violation of this Agreement;

You will not use another person’s account at any time, without the permission of the account holder;

You will comply with all applicable laws and (including, without limitation, following safety laws in relation to the use of mobile devices whilst driving); and

You acknowledge and agree that, to the fullest extent permitted by the relevant laws, you assume the complete and total risk arising out of your use of the Services, including all third party products and services.

23. INDEMNIFICATION AND RELEASE

23.1 Indemnity: You agree to indemnify and hold harmless Payfare and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, or your use of the Site, the App and the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Payfare reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by Payfare in the defence of any claims.

23.2 Release: You release Payfare, its officers, employees, shareholders, agents and successors from claims, demands, any and all losses, damages and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Payfare users or third-party services or websites.

25. JURISDICTION LIMITATIONS

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

25. CONFIDENTIALITY

You may from time to time receive confidential or proprietary information of Payfare. All such information is the sole property of Payfare, and you shall keep all such information strictly confidential, shall not disclose such information to a third party at any time and shall not use such information for any purpose other than in connection with Payfare’s Services and strictly in accordance with this Agreement.

26. ACCOUNT AND PASSWORD SECURITY

If you register with Payfare you will be asked to choose a password. You must comply with the content rules set out in this Agreement including but not limited to the following:

You must not use your account in connection with the impersonation of any person;

You must keep your password confidential;

You must notify us immediately if you become aware of any disclosure of your password; and

You are responsible for any activity arising from a failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure.

We are entitled to assume that anyone who accesses your account or the Services using your password does so by your authority. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Services.

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

27. TERMINATION

27.1 Termination by Payfare: We reserve the right to terminate this Agreement and close any account you have with us at any time with or without notice. We may, in our sole discretion, immediately terminate your account and your access to the Site, App or Services without notice, for any or no reason, including if you breach any of your obligations under this Agreement, if bankruptcy proceedings are brought against you, or if you do not pay a court judgment on time.

27.2 Suspension or Termination without Notice: We reserve the right to suspend, restrict or terminate your access to the Site, App or Services at any time without notice if we have reasonable grounds to believe you have breached this Agreement. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

27.3 Termination by User: Any user may terminate use of Payfare at any time. You are under no obligation to use the Services and may simply choose to stop using Payfare at any time.

27.4 Account Closure: You may close your account by following the instructions on the Payfare App.

27.5 Survival of Payment Obligations: We are not liable to you or any other party for any termination of your account or access to the Site, App or Services. Termination of your account will not modify, change or void any payment obligations you may have incurred through your use of the Site, App or Services, whether such obligation is to us or a third party.

28. INTERNATIONAL USE

We make no representation that content on this Site is appropriate or available for use in locations outside Canada. If you choose to access this Site from a location outside Canada, you do so on your own initiative and you are responsible for compliance with local laws.

29. GENERAL PROVISIONS

29.1 Entire Agreement: This Agreement incorporates by reference our Privacy Policy which collectively with this Agreement contain the entire understanding between the Parties and supersede all prior representations, agreements, statement and understandings, either verbal or in writing.

29.2 Governing Law: You agree that the laws of the Province of Ontario govern this Agreement and its subject matter and any claim or dispute that you may have against us, without regard to its conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Province of Ontario, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE PROVINCE OF ONTARIO OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; and (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

29.3 Remedies: You acknowledge that we are entitled to seek an injunction, if necessary, to stop or prevent a breach by you of your obligations under this Agreement.

29.4 Relationship of Parties: Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.

29.5 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.

27.6 Amendment: You may not amend or waive any provision of this Agreement unless in writing and signed by both Parties.

29.7 Titles and Headings: Titles and headings are inserted in this Agreement as references, and must not be used to interpret the Agreement.

29.8 Communication and Notices: You consent to receive notices and information from us in respect of our Site, App and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding Agreement changes, by email, paper mail, publication on our Site, App, by SMS, or in any other way recognised by law. You may contact us at via email at support@Payfare.com. Any withdraw of your consent to receive electronic communications will be effective once we have a reasonable amount of time to process your withdraw.

29.9 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.

29.10 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.

29.11 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.

29.12 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.

29.13 Audit Rights and Compliance: You acknowledge and agree that your activities under this Agreement may be subject to audit by Payfare or our underlying financial institution partners and you will cooperate with auditors to the fullest extent. Other compliance requirements may include financial crime and fraud screenings or compliance with regulations and policies from financial institutions or card/payment processors.

29.14 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.

29.15 Third Party Beneficiaries: These Terms are not intended to give rights to anyone except you and us.

29.16 English Language: If there is any conflict between the English language text of this Agreement and any translation into a foreign language, the English language text shall prevail.

Payfare Mastercard Cardholder Agreement

Please read this agreement carefully and keep for your records. You should sign the back of your new Mastercard card upon receipt. In this Agreement, the words “you” and “your” and “cardholder” mean the individual who received a Payfare Mastercard Card. “We,” “us” and “our” mean Home Trust Company. A “transaction” means any use of your Mastercard card to make a purchase or obtain cash. The Mastercard Card may also be referred to collectively as “Card” or “Cards” in this agreement. The Mastercard Brand Mark is a registered trademark of Mastercard International Incorporated.

1. The Agreement: By activating, signing, using, or allowing another person to use the Card, you agree to the terms and conditions of this Agreement. If you do not agree to this Agreement, do not use your Card. You can cancel by calling our cardholder support center toll-free at 1-800-719-2685.

2. Description of the Mastercard Card: This Card is issued pursuant to license by Mastercard International Incorporated. Use of this Card is governed by this agreement. The Card is a prepaid card and not a device that accesses money from an individual checking or savings account. When you use the Card, you are redeeming the value of the card and not making a withdrawal from a deposit account. The Card is not a credit card or charge card and will not enhance your credit rating. You are not permitted to exceed the available balance on your card for any transaction. In the event that any transaction places your card into a negative balance and/or you receive cash or credit in error, you agree to reimburse us upon demand for such amount.

3. Card Expiry: Your Card will expire on the expiry date shown on the front of the Card. When you receive your replacement Card in the mail, you will need to activate it by calling toll-free 1-800-719-2685.

4. Card Limits:

Max. card balance: $25,000

Max. Daily POS Purchases: $25,000

Max. Single POS Transaction: $10,000

Max. Daily ATM Withdrawals: $1,000

Max. Single ATM Withdrawal (subject to ATM owner limits): $1,000

5. Card Fees: By accepting and using the Card, you may be subject to various fees as set forth in the chart below or any new fees that may be imposed from time to time. All fees are subject to change. You acknowledge that the fees have been and will continue to be disclosed to you, and you agree to pay any applicable fees for use of the Card and the services provided. These fees will be deducted from your Card balance. In the event that your Card balance is not sufficient to cover any applicable fees, you agree to submit payment to us on demand.

ATM Withdrawal: $2.50

Interac e-Transfer: $1.50

Foreign Exchange Fee: 2.50%

6. No Deposits. No Interest: Funds loaded onto the Card through any means are not considered deposits and do not establish an individual deposit account for the Cardholder. Cardholders will not receive interest on the balance of their Card.

7. Use of Card. You may use your Card for the following transactions: To make purchases everywhere Mastercard is accepted electronically. Use of Card is subject to all rules and customs of Mastercard, and any other clearinghouse or network involved in a transaction, load, or reload.

8. Cardholder Responsibilities. The Cardholder is responsible for:

Always knowing your card balance and maintaining adequate value on your Card to pay for each transaction and all applicable fees. If you attempt to make a transaction for more than the value that is available on your Mastercard card, the transaction may be declined. You can check your card balance anytime by texting the word “balance” to 393939 or online at www.Payfare.com or via the Payfare mobile app.

Obtaining records of each POS transaction for which you use your Card and ensuring that the transaction record is accurate;

Agreeing that we may deduct the amount of your transactions and applicable fees, and any other amount owed to us in connection with any Card, directly from the balance of your Card;

Paying us immediately on demand if, for any reason, your Card does not have a sufficient balance to cover the amount of a transaction and amounts owed to us;

Not authorizing anyone else to use your Card, or transfer your Card to anyone. You are not permitted to resell your Card;

Not using your Card in an illegal transaction; Refer to “Lost or Stolen Cards; Your Liability for Unauthorized Use of Your Card.

Taking reasonable steps to always protect the security and confidentiality of the Card number for your Card; and

Agreeing to cooperate with us in our investigation of any possible unauthorized use of your Card.


9. Amendments to fees and terms of this agreement: We reserve the right at any time to amend, change, delete or add to this Agreement and to apply any such modification to a Card that has been issued to you and to the value on your Card. We will provide you notice of any such modification as required by applicable law. If any changes are made for security purposes, we reserve the right to implement such change without prior notice. If we decide not to enforce our rights or charge a fee in one situation, we are not giving up our right to enforce it or to charge the fee in a later situation.

10. Refunds and Merchant Provider Disputes: If you are entitled to a refund for any reason, you agree to accept a credit to your Card instead of a cash refund if the merchant does not provide cash refunds. You will settle all disputes regarding purchases you make using your Card directly with the merchant who honored the card. We are not responsible for the delivery, quality, safety, legality or any other aspect of any goods or services that you purchase from merchants with your Card. We are not responsible for any disputes arising out of the purchase of goods or services using the Card or the failure of any merchant to honor the Card.

11. When Value on Your Card is Available: Our policy is to make the value that is loaded to your Card available for you to use immediately.

12. Authorizations and Authorization Holds: When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your Card’s available funds for the amount indicated by the merchant. Some merchants may also add an amount to ensure that sufficient funds will be available to cover the final transaction (such as an estimated tip). If the amount of the authorization request exceeds the value on your Card, the transaction may be declined. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or a “hold” on your available balance for up to 90 days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We will however, only charge your Card for the correct amount of the final transaction, and will release any excess amount only when the transaction finally settles. Please note that we may not manually release authorizations without a certified letter or fax from the merchant. In addition, if you commence a purchase and the merchant obtains an authorization, and then you cancel the purchase without completing it, the authorization may still result in a temporary hold for that amount of funds for 10 days, or longer in some cases.

13. Sharing Information About You: We will disclose information to third parties about your Card or the transactions you make:

Where it is necessary for completing transactions;

In order to verify the existence and condition of your Card for a third party, such as a credit bureau or merchant;

In order to comply with government agency or court orders;

If you give us express permission; and as otherwise provided in our Privacy Policy

Please refer to our Privacy Policy that accompanies this Agreement. You hereby agree to our collection, use, and sharing of information about you and your Card as provided in our Privacy Policy, which is made a part of this Agreement.

14. No Liability: We will not be liable (a) if, through no fault of ours, you do not have enough money available on your Card to complete a transaction; (b) if the system, or POS terminal was not working properly; (c) if circumstances beyond our control (such as fire or flood) prevent or delay a transaction from being completed, despite reasonable precautions that we have taken; (d) if you attempt to use a Card that has not been properly activated or; (e) if the Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe a transaction was not authorized by you.

15. Foreign Transactions: If your Card is used in a transaction that is submitted to the Mastercard network in a currency other than CDN dollars, Mastercard will convert the transaction amount into CDN dollars using its currency conversion procedure. Under the currency conversion procedure that Mastercard currently uses, the non-CDN dollar transaction amount is converted into a CDN dollar amount by multiplying the transaction amount in the non-CDN dollar currency by a currency conversion rate. The currency conversion rate that Mastercard typically uses is either a government-mandated rate, or a wholesale rate provided to Mastercard. The currency conversion rate that Mastercard uses for a particular transaction is the rate Mastercard uses for the applicable currency when the transaction is processed. This rate may differ from the rate in effect when the transaction occurred or when it was posted to your Mastercard card, and may be higher than the rate you could have gotten if you had converted CDN dollars into cash. If a transaction initially in a foreign currency is converted to CDN dollars before it is entered into the Mastercard network, the conversion rates and fees of the company that did the conversion will apply. We charge a fee of 2.50% of the dollar amount of each transaction that you make in a country other than Canada, whether or not the transaction was in a foreign currency.

16. Termination; Expiration or Cancellation: We may, at any time, suspend your Card and your ability to use your Card, for any reason allowed by law, such as if we suspect possible fraud or suspicious activity, or for security reasons. We may, at any time and for any reason, terminate a Card and your use of the Card. Your Card will expire on the expiration date on the card. Upon termination or expiration, we may stop accepting transactions from your Card and we may decline to authorize a transaction made to the Card. If we terminate your Card or it expires and we do not provide a substitute or replacement card, we will return to you any value remaining (unless prohibited by law), less the service fee for termination. If you would like to cancel your card, call us at 1-800-719-2685 at which time we will refund to you the balance on the card less the cancellation processing fee and any other fees which you have incurred. You remain responsible for any use of your Card even after the card is terminated, cancelled or expires. To the extent permitted by law, you agree to pay attorneys’ fees and collection costs we incur in collecting amounts you owe us and enforcing our rights under this Agreement.

17. Discontinuance of Service: If we cease to provide services for the card(s) and if you have a positive balance at the time your card becomes deactivated, we may arrange for a new card to be issued to you by a different supplier whereby your card balance will be transferred to the new card or we may issue a payment directly to you for the amount of the card balance subject to certain terms and conditions that may apply at that time.

18. Lost or Stolen Cards; Your Liability for Unauthorized Use of your Card or PIN: Notify us immediately if you believe your Card or PIN has been lost or stolen by calling 1-800-719-2685 24 hours a day, 7 days a week. Under the Mastercard® Zero Liability Protection for Lost & Stolen Cards, you will not be liable for any unauthorized POS transactions made with your lost or stolen card provided you have exercised reasonable care in safeguarding your card from any unauthorized use and have not been grossly negligent or have engaged in fraud. This policy does not apply to ATM transactions where the PIN is used. You are responsible for the full amount of all activity and unauthorized or fraudulent activity resulting from the use of your Card when the PIN is used. Once you report your Card lost or stolen, we will immediately cancel your Card and issue a replacement Card and transfer the remaining balance from your cancelled card after all transactions have been processed. A replacement fee will apply.

19. Notice of Error Resolution Rights for Your Card: In case of errors or questions about your Card, call us at 1-800-719-2685 as soon as possible if you think an error has occurred on your Card. We must allow you to report an error until 60 days after the earlier of the date you electronically access your Card, if the error could be viewed in your electronic history, or the date on which the error appeared. You will need to inform us of:

Your name and Card number;

Why you believe there is an error, and the dollar amount involved; and

Approximately when the error took place.

If you tell us verbally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we may credit your Card within 10 business days for the amount you think is in error so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Card. For errors involving new cardholders, point-of-sale, or foreign-initiated transactions we may take up to 90 days to investigate your complaint or question. For new cardholders, we may take up to 20 business days to credit your Card for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

20. Governing Law: This Agreement and all aspects of your relationship with us with regard to your Card are governed by and construed in accordance with the laws of the Province of which you first obtained your Card.

21. Entire Agreement: This Agreement constitutes the entire agreement between you and us relating to the Card and supersedes any other prior or contemporaneous agreement between you and us.

22. Assignment: This agreement or the obligations in this agreement is not assignable by the cardholder. We may assign this agreement to another party at any time. The Card is provided to the cardholder only. The cardholder may not assign, sell, transfer or lend the Card to others.

23. Severability: If any provision of this Agreement is determined to be void or unenforceable, all other provisions of this Agreement shall remain valid and enforceable.

Payfare Roadside Assistance Terms & Conditions

The following terms and conditions describe the Payfare Roadside Assistance Program (the “Program”), which is operated and administered by DAA.

Defined Terms

As used in these terms and conditions, the following words are defined as follows:

“Account” means any Payfare Mastercard;

“Cardholder” means the primary cardholder on the Account provided that such cardholder holds a valid driver’s license in Canada or the United States to operate a passenger vehicle;

“CHA” means the Payfare Mastercard Cardholder Agreement between the Cardholder and Payfare;

“DAA” means Dominion Automobile Association (2004) Limited;

“Good Standing” means compliance with the terms and conditions of the CHA;

“Excluded Service Area” means any area which is not designated for routine travel by passenger vehicles including but not limited to the following areas: roadways that are not assumed by the applicable level of government, vacant lots, open fields, private or impassable roads, mud trails and other off-roading areas, and construction sites.

“Member” means a Cardholder eligible for coverage under the Program and for greater certainty excludes any Cardholder on an Account that is not in Good Standing or is otherwise closed.

Payfare Roadside Assistance

• Safe. Pre-qualified towing professionals.

• Fast. Priority service when you need help.

• Convenient. Just one number to call, 24 hours /day, from anywhere in Canada and the United States.

• Complete. Covers each cardholder while driving in almost any passenger vehicle, whether the vehicle is owned, borrowed or rented

• Coverage. Battery Boost, emergency gas delivery (Cardholder pays for gas), flat tire change if a safe and inflated spare tire is available, lockout services, winch from mud/ditch/snow and tow in the event of a mechanical breakdown to the nearest qualified repair facility within 25 km from breakdown.

1. Coverage

(a) General: Subject to the following terms and conditions, each Member is covered 24 hours per day, 7 days per week, in Canada and the United States (including Alaska, Hawaii and Puerto Rico), for the services noted in section 3a) below, provided that the vehicle is not located in an Excluded Service Area.

(b) Restrictions: Subject to section 5(f), a Member will not qualify for any services under the Program in the following situations: (i) when alcohol and/or drugs are a contributing factor to the

immobilization of the vehicle; (ii) if the vehicle is not covered by public liability or property damage insurance; (iii) if the vehicle was immobilized while the Member was committing or

attempting to commit a criminal offence; (iv) if the vehicle was immobilized while the Member was wilfully violating any traffic law; (v) the vehicle was immobilized in an Excluded Service Area; (vi) the Account is not in Good Standing.

2. Vehicle Coverage

(a) Included Vehicles: Subject to the terms and conditions set out herein, the Program covers any passenger vehicle (up to 10,000lbs or 4,536 kg) that is driven legally by the Member and which can be serviced with one standard duty passenger vehicle tow truck.

(b) Excluded Vehicles: All other vehicles may be deemed to be excluded vehicles by DAA, in its sole discretion. Without limiting the scope of the forgoing, the following types of vehicles are excluded from coverage under the Program: any vehicle that is loaded or altered in such a manner that the tow truck operator, in its sole discretion, deems that it cannot be serviced in its current state, all recreational vehicles of any kind, motorcycles, off-road vehicles, unattended or unlicensed vehicles and any type of vehicle located in an Excluded Service Area

3. Program Services

(a) Included Services: (i) battery boost; (ii) delivery of emergency gasoline which is sufficient to drive the vehicle to the nearest gas station, up to approximately 7.5 litres of gasoline (the Member is required to pay for the gasoline delivered), subject to the following terms and conditions: for safety reasons, diesel and other fuels will not be delivered, and if transportation of fuel is prohibited in the location where the vehicle required service, the vehicle will be towed to the nearest gas station within 25 km from where the vehicle ran out of gasoline; (iii) changing of a flat tire provided that a safe and inflated spare tire is available; (iv) lockout service; (v) up to one (1) hour of winch service from a single tow truck if the vehicle is immobilized in mud, a ditch, or the snow; and (v) tow services in the event of a mechanical breakdown to the nearest qualified repair facility within 25 km from the breakdown.

(b) Excluded Services: any included service over the time or distance specified in section 3(a) above, or any service to be performed on a vehicle that is deemed by the tow truck operator not be road worthy or is otherwise unsafe, provided that service may be provided to the Member outside the Program at DAA’s discretion and at the Member’s sole expense.

(c) Additional Terms and Conditions: (i) apart from the included services specified in section 5(a), repairs will not be performed at the site where the vehicle was immobilized; and (ii) only one included service is covered within a 24 hour period.

4. Number of Services per Year

Up to three (3) service calls per year.

5. Other Terms

(a) DAA does not assume any liability or responsibility for any loss or damage to the Member’s vehicle or any other personal property resulting from the rendering of a service under the Program. A Member is responsible for promptly reporting any loss or damage to the Member’s insurance company.

(b) By accepting coverage under the Program, each Member authorizes Payfare to provide such information reasonably required by DAA to confirm coverage under the Program.

(c) The Member is solely responsible for the cost of all parts and labour required to repair the Member’s vehicle.

(d) Payfare reserves the right at any time and without advance notice to Members to amend these terms and conditions or cancel the Program.

(e) Payfare reserves the right to cancel coverage to all Members associated with an Account for any reason stipulated in section 1(b). “In the sole discretion of DAA or Payfare, Payfare and/or DAA reserve the right to cancel a membership if the service is being misused by a member, including, the servicing of vehicles which are not driven by the member.

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