These Terms of Service set forth the terms and conditions for the use of the products and services (collectively, the “Services“) offered by Hero Innovation Group. (“Hero”,   “we“, “us” and “our” ). The Services are provided through our mobile and web-based applications as well as our websites at www.heroinnovationgroup.com and www.sidekickcard.com and www.herofinancials.com. (collectively, the “Products”).

By opening, registering or using a Hero and SideKick Account, or by otherwise using the Services, Customers (“you” and “your“) agree to be bound by these Terms of Service and consent to receive communications related to the Services in electronic format. You should carefully read the terms and conditions set forth herein when registering to use the Services. Please note that if you do not accept these Terms of Service, you will not be able to use the Services.

You agree, by using the Services and accepting these Terms of Service, to comply with and accept our Privacy Policy, which sets forth the terms on which we process any personal information we collect about you, or that you provide to us. By using the Services, you consent to such processing and you confirm that all information provided by you is accurate.

You may not use the Services in connection with any activity, product, service or transaction that violates any applicable local, provincial, national or international law, rule or regulation, or promotes or facilitates the violation of any law, rule or regulation or causes us to breach any applicable law, rule or regulation. When using any portion of the Services described in the below sections Uploading Money, Receiving Money from Third Parties and Withdrawing or Using Money, you agree to use such portion of the Services for remitting and transmitting funds only in respect of payments for tuition, rent, student accommodations and living expenses.

Please read carefully all of the terms herein and each of the other agreements that apply to you. Your use of certain of the Services may be subject to additional terms and conditions, as communicated by us to you, and such additional terms and conditions are incorporated into these Terms of Service. These Terms of Service contain several sections, and you should read all of them carefully. The headings are for reference only. Some capitalized terms have specific definitions as provided herein.


1. Registration

Hero Innovation Group is registered in Canada with the Financial Transactions Reports Analysis Centre of Canada (“FINTRAC“), registration number M19409559. Hero Innovation Group is registered as a money service business and is able to provide money transfer services to customers.


2. Eligibility

To be eligible to use the Services, you must be at least 18 years old, or the age of majority in your province or territory of residence, or if you are a minor by having a parent or legal guardian agree to the terms set forth herein on your behalf. You represent and warrant to us that if you are an individual and you open an account with us at the Hero or   Hero App website (a “Products“) that you are acting exclusively for your own benefit and are not acting on behalf of any third party principal or any third party beneficiary. You must only use the Services to transact on your own account and not on behalf of any other person. If you intend to use the Services to transact on behalf of another person, you must first inform us of your desire to do so and provide us with any additional information about the person we may request in order that we may decide whether to permit the transaction.


3. The Services

A. Opening an Account

In order to use some or all of the Services, you must first open an   Account by providing certain information. For legal reasons, all information you provide during the sign-up process or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number and other contact information up-to-date in your Hero or SideKick Card   Account profile. To make changes to your profile, login to your profile page. We may refuse to provide or may discontinue providing the Services to any person at any time for any reason. We treat all activities under a Hero or SideKick Card   Account to be those of the registered user.

i. Account Security and Privacy

Protecting your privacy is very important to us. Your passwords are stored on Hero servers in encrypted form. We do not disclose your personal information, including account details, postal or email addresses, to anyone except when legally required to do so or as specified in our Privacy Policy. Sensitive information between your browser and the www.heroinnovationgroup.com or www.sidekickcard.com websites or www.herofinancials.com (together, the “Websites“) is transferred in encrypted form using Secure Socket Layer (SSL). When transmitting sensitive information over the Websites, you should always make sure that your browser can validate the applicable Website’s certificate.

You, not Hero, are responsible for maintaining adequate security and control of any and all IDs, passwords, or any other details that you use to access our Products and   Services. You must never disclose your   Account password. We will never ask you to provide your password to us or to a third party. Please inform us if anyone asks for your password, and contact Customer Support if you are not sure about this or any other security-related aspect of your   Account. You must never let anyone access your Account or watch you access your Account.

If you suspect your   Account, login details, password or any other security features are stolen, lost, used without authorization or otherwise compromised, you are advised to change your password. Contact Customer Support immediately if you believe your credentials have been compromised or you are suspicious about the security of your password or any other security features. The compromise of your credentials could enable thieves to access your bank account and attempt transactions not authorized by you. Contacting us is the best way to minimize your risk of loss. In addition, contact us at once if your transaction history for your   Account shows transactions that you did not initiate. You can contact our Customer Support department at 1-800-508-8813 or by email at hello@herofinancials.com.

We rely on you to regularly check the transaction history of your   Account and to contact Customer Support immediately in case you have any questions or concerns. We may (but are not obligated to) suspend your   Account or otherwise restrict its functionality if we have concerns about the security of the   Account or any of its security features, or potential unauthorized or fraudulent use of your Account. See We May Close your Account, below, for more details.

You must ensure that your email account(s) are secure and only accessible by you, as your email address may be used to reset passwords or to communicate with you about the security of your   Account. Let Customer Support know immediately if your email address becomes compromised. Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded. Additional Hero products or services you use may have additional security requirements, as notified to you by us, and you must familiarize yourself with those requirements.

In the case of what you believe to be any incorrect or misdirected payment, see Errors and Unauthorized Transactions.

ii. Duplicate Accounts

Hero reserves the right to refuse the creation of duplicate accounts for the same user due to security and client identification requirements. In a case where duplicate accounts are detected, Hero reserves the right to close or merge these duplicate accounts without notification to you.

iii. Verification

If you open an   Account and use certain of the Services, the law requires that we verify some of your information. You authorize us to make any inquiries we consider necessary to validate your identity, either directly or through third parties, including checking commercial databases or credit reports. For that we may ask for a credit header check together with bank account ownership verification. If a credit header check fails, we may request certified photo ID.

Hero reserves the right to access various government and private databases so as to verify your information. If certain databases provide a match to the information you provide then we may not have to ask for photographic evidence of your identity. Hero reserves the right to close, suspend or limit access to your   Account and/or the Services in the event we are unable to obtain or verify this information.


B. Uploading Money

You may upload money in Canadian dollars into your   Account in order to (i) send it to another person or to your own account or (ii) hold a balance in your   Account for use in the future.

You can upload money through one or more methods, for example, a pre-authorized direct debit via electronic funds transfer (“EFT“) or a wire transfer from your bank account, or with a credit or debit card. The number of methods available to you will depend on a number of factors including your verification status with us. Upload methods are not part of our Services, they are services provided by third parties. Third party service providers responsible for   processing funds f   or your   Account may request information from you and you may be required to satisfy certain requirements depending on the particular upload method. The upload methods may have limits and restrictions. In no event shall Hero have any liability to you under these Terms of Service for the actions or omissions of a third party service provider or any of its affiliates. We cannot guarantee the use of any particular upload method and may change or stop offering a particular upload method at any time without notice to you.

We will credit your   Account once we have received your money, and are not responsible for the money you have uploaded until we have received it. For some particular upload methods, we will credit the money to your   Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to upload does not reach us within a reasonable time, we may deduct such amount from your Account. See Reversals and Chargebacks for details. If you do not have enough money in your Account for this purpose, we may demand repayment from you using other methods. See Negative Account Balances for further details.

For legal and security reasons, we may impose limits on how much you are able to upload into your Account.


C. Receiving Money from Third Parties

In certain circumstances, we may provide you with specified   Account details that you can in turn provide to qualified third parties who may be able to send money to your Account using either the electronic funds transfer method or other acceptable methods.

When someone sends money to your Account using a method that we support, the money will appear in your   Account. You should check the incoming funds in your Account against your own records regularly and let us know if there are any irregularities. You will not have access to such funds until we receive the funds into our specified account.

When someone sends money to your Account, the sender may place restrictions on how the funds may be used. The sender may also request and receive information about how the funds are used based on the Account   settings. You and the sender are responsible for making all arrangements and coming to an agreement on the restrictions and monitoring the use of any transferred funds. We cannot be responsible, and do not guarantee, that the features of the Services that allow a sender to restrict and monitor the use of funds by the recipient will always be available or be uninterrupted.

You acknowledge that the money received in your   Account via this method may be subject to Reversal or Chargeback and you agree that we may deduct the received amount from your Account if it is reversed by the person who paid you the received amount or any relevant payment services provider. If for any reason the transaction is cancelled or refused, then we will promptly return the deposit to the bank account from which the transaction originated. See Negative Account Balances for further details. In the event that we are unable to return the deposit, then we will promptly contact you using the most current contact information provided to us when you registered for your Account.

You are not permitted to receive money to your   Account by payment methods, including cash, mailed check, or electronic check, other than those permitted by us.


D. Holding a Balance in your Account

i. Hero is Not a Bank and your Account is Not a Bank Account

Hero is not a bank and therefore value held as a balance in your   Account represents an unsecured claim against Hero and is not insured by the Canada Deposit Insurance Corporation (CDIC) or any other deposit protection scheme. Hero owns the interest or other earnings on these investments, if any. Hero does not use balances held by its customers for operating expenses or other corporate purposes. In addition, as discussed above, the specified   Account details that we provide to you in order for you to receive funds from third parties are for accounts held by Hero and its affiliates (and we will credit your   Account, which is held by us, upon receipt of such funds), and are not for a bank account held by you.

ii. History of Transactions

All of your transactions (including your balance, uploaded money, and money you have received, sent and/or withdrawn), including related fees, if applicable, are recorded in the transaction history section of your   Account. You may access this information when you log into your   Account.


E. Withdrawing or Using Money

If you have an Account balance, you may withdraw any remaining funds by:

● Transferring them to the source bank account through electronic funds transfer or other method; or
● Withdrawing them from an ATM following the limits and fees shown in the SideKick Cardholder Agreement.

The number of payout methods available to you will depend on a number of factors, including your verification status with us. We cannot guarantee the use of any particular payout method and may change or stop offering a payout method at any time without notice to you, but we will ensure that you will have at least one payout method available to you unless prohibited by applicable law. To request a withdrawal, please contact our Customer Support department by telephone at 1-800-508-8813 or by email at hello@herofinancials.com.

When you use your SideKick Card to purchase goods and/or services from a retailer, the transaction will be subject to the terms and conditions of that retailer and/or any payment service provider or processor. Additional charges may apply in respect of such purchases. We do not provide any warranties, representations, conditions or guarantees with respect to retailers’ goods and/or services or such transactions. You should carefully review the terms and conditions of any such retailer, payment service provider or processor before making any purchase, making any transaction or entering into any contract. This should include any terms affecting your eligibility to do so in these Terms of Service or elsewhere.

We may charge you a fee for each withdrawal or send money request. We will let you know the exact amount when you submit your request. You can also learn more about the fees we charge under Fees.

i. Limits on Withdrawal and Sending Money

You agree that your   Account is subject to withdrawal and send money limits. If your withdrawal request exceeds the current limit, we may decline your request or impose additional checks, obligations or time limitations before allowing any funds to be withdrawn.

ii. Delay in Withdrawal or Sending Money

We do not have any control over the time it may take for your or a recipient’s bank or payment provider to credit and make funds available to you or your recipient once we make the funds available to you or the recipient’s bank or payment provider.
We may delay a withdrawal in certain situations, including if we need to confirm that the withdrawal has been authorized by you or if other payments to your   Account have been reversed, for example, as a result of a chargeback or bank reversal. See Reversals and Chargebacks for more details.

F. Fees and Taxes

Hero reserves the right to charge fees for access to or use of any part of the Services. You may also view the fee structure on our Pricing Page. For clarity, the fees applicable to you on the Pricing Page form part of these Terms of Service and are subject to change. All fees, unless otherwise specified, are in Canadian dollars.

You may be required to pay a subscription fee to access or use the Services. The fees for Services (plus any applicable taxes or other additional charges, such as administration, transaction or access fees), accepted methods of payment and accepted frequencies of billing (such as one-time, every four weeks, monthly or annually) will be specified at the time of subscription. For periodic subscriptions to the Services, you will be automatically billed (i.e., charged or debited) or invoiced on or around the periodic anniversary date of your subscription, and periodically thereafter in accordance with the billing cycle selected at the time of purchase.

You may be charged fees for withdrawing and sending money, which fees will be disclosed to you when you place an order and prior to you confirming the transaction. If a fee structure applies to you, you agree to pay the relevant fees using your chosen payment method when you send or withdraw funds. Our fees do not include any fees that your bank or the recipient’s bank may charge. Those fees may be deducted from money you upload into your   Account or balances in your   Account.

You are responsible for providing and maintaining current, complete and accurate billing information. You must contact us immediately to advise us of any changes to your billing information to avoid any interruptions to the Services.

You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate taxation authority.


G. Closing Your Account

i. You May Close Your Account

You may close your Account at any time by contacting our Customer Support department by telephone at 1-800-508-8813 or by email at hello@herofinancials.com.

At the time of closure, if you still have money in your   Account, you must withdraw your money within a reasonable period of time by following the steps described in Withdrawing or Sending Money. You must not close your   Account to avoid an investigation. If you attempt to close your   Account during an investigation, we may hold your money until the investigation is fully completed. You agree that you will continue to be responsible for all obligations related to your Account even after it is closed.

ii. We May Close your Account

Hero, in its sole discretion, reserves the right to suspend or terminate these Terms of Service and access to or use of the Websites, our software, the   Hero App, the systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Services for any reason and at any time upon notice to you and, upon the closure of your   Account, the payment to you of any unrestricted funds held in your account.

Reasons we may close your Account include, but are not limited to:

● a breach by you of any provision of these Terms of Service or documents referred to in these Terms of Service;
● we are requested or directed to do so by any competent court of law, government authority or agency, or law enforcement agency;
● we have reason to believe you are in violation or breach of any applicable law, rule or regulation; or
● we have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

We may also suspend your Account if it has been compromised or for other security reasons, or if it has been used or is being used without your authorization or fraudulently. See Account Security and Privacy for details.

If we close your Account or terminate your use of the Services for any reason, we will provide you with notice of our actions and make any unrestricted funds held in your   Account available for withdrawal. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liabilities incurred by Hero, any other Hero customer or any third party, caused by or arising out of your breach of these Terms of Service and/or your use of the Services. You agree to reimburse Hero, any Hero customer and any third party for any and all such liabilities. See Reversals and Chargebacks and Negative Account Balances.

On termination for any reason, all rights granted to you in connection with the Hero App shall cease and you must immediately delete or remove the Hero App from your devices. If you do not log in to your Account for two (2) or more years, we may close your Account and send the funds remaining in your Account to your last known primary address.


H. Communications

We are required to provide certain information to you in writing. By accepting these Terms of Service, you agree that we can communicate with you electronically either by email, by posting notices on the Websites, or through the Hero App.

We may call or text message you at the telephone number(s) you have provided to us. We may place such calls or texts to (i) provide notices regarding your   Account or account activity, (ii) investigate or prevent fraud, or (iii) collect a debt owed to us. We may share your phone number(s) with service providers with whom we contract to assist us in providing you with services, but will not share your phone number(s) with third parties for their own purposes without your consent or except in accordance with our Privacy Policy. Standard telephone minute and text charges may apply.



4. Issues that May Occur

A. Reversals and Chargebacks

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liabilities incurred by Hero caused by or arising out of your breach of these Terms of Service and/or your use of the Services. You agree to reimburse Hero for any and all such liabilities.

Payments to you may be invalidated and reversed by Hero if:
● Our investigation of a bank reversal finds that the transaction was fraudulent.
● Hero sent the payment to you in error.
● The payment was unauthorized or invalidated by the sending bank.
● You received the payment for activities that violated these Terms of Service or any other agreement between you and Hero.
● Hero has a claim against you for the funds.

When you receive a payment, you are liable to Hero for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason.


B. Negative Account Balances

If your Account balance becomes negative for any reason, including on account of a reversal or chargeback, that negative balance represents an amount you owe to Hero and you agree to repay the negative balance immediately without any notice from us. Hero may deduct amounts owed from money you upload or money you receive into your   Account. We may send you reminders or take other reasonable actions to recover the negative balance from you, for example, by using a debt collection service or taking legal action.

C. Errors and Unauthorized Transactions

To protect yourself from errors and unauthorized activity, you should regularly log into your   Account and review your   Account transaction history. You should review transactions to ensure that each transaction was authorized and accurately completed.

Hero will protect you from unauthorized activity and errors in your   Account. When this protection applies, Hero will cover you for the full amount of the unauthorized activity as long as you cooperate with us and follow the procedures described in this section. Where this section requires you to notify us, please do so by contacting our Customer Support department by telephone at 1-800-508-8813 or by email at hello@herofinancials.com.

We will rectify any errors that we discover. If the error results in:

● You receiving less than the correct amount to which you were entitled, then we will credit your Account for the difference between what you should have received and what you actually received.
● You receiving more than the correct amount to which you were entitled, then we will debit your Account for the difference between what you actually received and what you should have received.

If you believe an error of the type described above has occurred, and you have contacted us in accordance with the information above, we will investigate and determine whether an error occurred within 90 days (although we typically do this within 10 business days) after you contact us. We will inform you of our determination within three (3) business days after completing our investigation.

i. Account Balance Errors and Unauthorized Transactions

With regard to your Account balance, the following are considered errors:

● When money is either incorrectly taken from your Account or incorrectly uploaded into your   Account, or when a transaction is incorrectly recorded in your Account.
● You send money to a third party or withdraw money, and the incorrect amount is debited from your Account.
● An incorrect amount is credited to your Account.
● A transfer to or from your Account is missing from or not properly identified in your Account statement.

If you believe an error of the type described in this section has occurred, and you have contacted us in accordance with the information above, we will investigate and 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 and we may, under certain circumstances, credit your Account for the amount you think is in error, until we complete our investigation. For new   Accounts, we may take up to 20 business days to credit your   Account for the amount you think is in error. We will tell you the results within three (3) 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, and we will forward you those copies if we are not prohibited from doing so due to privacy, confidentiality, or other reasons.

What is an Unauthorized Transaction?

An unauthorized transaction occurs when money is sent from your   Account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your   Account, and sends a payment from your   Account, an unauthorized transaction has occurred.

The following are not considered unauthorized transactions:

● If you give someone access to your Account (by providing them with your login information, for example) and they use your   Account without your knowledge or permission. You are responsible for transactions made in this situation.
● The invalidation and reversal of a payment as a result of the actions described under Reversals and Chargebacks.

If you believe your login information has been lost or stolen, please contact our Customer Support department by telephone at 1-800-508-8813 or by email at hello@herofinancials.com, or write to us at: Hero Innovation Group., 170 – 422 Richards Street, Vancouver, British Columbia, Canada V6B 2Z4, ATTN: Compliance. Tell us right away if you believe your login information has been lost or stolen, or if you believe that transactions have been made in your   Account without your permission using your login information. You could lose all the money in your   Account.

Also, if your   Account statement shows transfers that you did not make, including those made with your login information or by other means, tell us immediately. If you do not tell us within 60 days after we provided the applicable statement to you, you may not be entitled to receive any money you lost if we can prove that we could have prevented someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we may extend the time periods in our sole discretion.


D. Complaints

If you have a question or complaint regarding the Services, please email us at hello@herofinancials.com. You may also contact us by writing to: Hero Innovation Group, 170 – 422 Richards Street, Vancouver, British Columbia, Canada V6B   2Z   4, ATTN: Compliance, or by calling us at 1-800-508-8813. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.



Technology

A. Hero App

In consideration of you agreeing to abide by these Terms of Service, we hereby grant you a non-transferable, non-exclusive license to use the   Hero App on your device subject to these Terms of Service. We reserve all other rights. From time to time updates to the   Hero App may be issued through the App Store or Google Play. Depending on the update, you may not be able to use the Services via the   Hero App until you have downloaded the latest version of the   Hero App and accepted any new terms. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement.

B. Information Security

Please see Account Security and Privacy for further details on how to keep your   Account safe. You are responsible for configuring your information technology, computer programs and platform in order to access the Services. You should use your own virus protection software. You must not misuse the Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to the Services, the Websites or our servers, computers or databases. You must not attack the Services, including via the Websites, with any type of denial-of-service attack. By breaching this provision, you may be committing a criminal offence. We may report any such breach to relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity or other information to them. In the event of such a breach, your right to access and use the Websites and/or the Services will cease immediately without notice, and you agree to immediately cease all such access and use.

C. Third Party Services

You acknowledge and agree that we may engage third party partners and providers in order to deliver the Services to you. Certain Website or   Hero App functionality may enable access to information, products, services and other materials made available by third parties (“Third Party Materials“), or allow for the routing or transmission of Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you any applicable Third Party Materials.

We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of such Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in these Terms of Service shall be deemed to be a representation or warranty by us with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Websites or   Hero App at any time. In addition, the availability of any Third Party Materials through the Websites or   Hero App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.

Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

6. Limitations on Liability and Other General Terms

A. Limitation on Hero’s Liability

SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES. IN THOSE PROVINCES, HERO WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW.

IN ANY OTHER CASE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF HERO, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITES, THE   HERO APP, THE SERVICES, OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND OUR (AND THEIR RESPECTIVE) OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HERO AND OUR (AND THEIR RESPECTIVE) OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (A) YOUR USE OF OR YOUR INABILITY TO USE HERO’S SITES AND SERVICES; (B) DELAYS OR DISRUPTIONS IN HERO’S SITES AND SERVICES; (C) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING HERO’S SITES OR SERVICES OR ANY SITE OR SERVICE LINKED TO HERO’S SITES OR SERVICES; (D) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN HERO’S SITES OR SERVICES OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM; (E) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES; (F) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT; (G) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THIS AGREEMENT OR HERO’S POLICIES. HERO RESERVES THE RIGHT TO MODIFY ITS POLICIES AND THIS TERMS OF SERVICE AT ANY TIME CONSISTENT WITH THE PROVISIONS OUTLINED HEREIN.


B. Service Availability

We will try to make sure the Services are available to you when you need them. However, we do not guarantee that the Services will always be available or be uninterrupted. We have the right to suspend, withdraw, discontinue or change all or any part of the Services without notice. We will not be liable to you if for any reason the Services are unavailable (in whole or in part) at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services (including all hardware and telecommunications services).


C. No Warranty

SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES. IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.

IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, HERO, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. HERO, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


D. Events Outside of Our Control

“Hero Innovation Group”, “Hero Financials”, “SideKick Card,” and “Hero,” are all logos related to the Services that are either trademarks or registered trademarks of Hero or Hero’s licensors. You may not copy, imitate, modify or use them without Hero’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Hero. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Hero for the purpose of redirecting web traffic to the Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that mischaracterizes Hero or the Services or display them in any manner that implies Hero’s sponsorship or endorsement. All right, title and interest in and to the Websites, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Hero and its licensors.


E. Independent Contractor Relationship

Our relationship with you under these Terms of Service is as independent contractors for all intents and purposes. Hero is not your agent or trustee.


F. Law and Jurisdiction

The provision of the Services and any dispute or claim arising out of the provision of the Services is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any dispute or claim arising out of or in connection with the Services, these Terms of Service, or use of the Websites or   Hero App will be subject to the exclusive jurisdiction of the courts of the Province of British Columbia.


G. No Assignment

You may not transfer or assign any rights or obligations you have under these Terms of Service without Hero’s prior written consent. Hero may transfer or assign these Terms of Service or any right or obligation under these Terms of Service at any time.


H. No Waiver

Our failure to act with respect to a breach of any of your obligations under these Terms of Service by you or others does not waive our right to act with respect to subsequent or similar breaches.

I. Entire Agreement

These Terms of Service, along with any applicable policies and agreements incorporated herein, on the Websites or in the   Hero App, set forth the entire understanding between you and Hero with respect to the Services. Certain terms by their nature will survive the termination of this Agreement, including but not limited to 3.G.ii., 4.A., 4.B., 6.A., and 6.C. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.



SideKick 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 Sidekick 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 1-800-508-8813 or log into the Hero App 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.
● The Card is not refundable.
● You may not use your Card to commit or facilitate illegal activity.
● 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-sale- transactions / day 10
Maximum daily ATM withdrawal $500
Maximum number of daily ATM withdrawals 2
Maximum daily combined spend and cash withdrawal $5,000

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 charge 2.5%
ATM†† withdrawal (Canada) $1.95
ATM†† withdrawal (international) $4.95
ATM†† decline $0.50

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

● Card Dormancy Fees [If there has been no card activity for 210 days, this fee will be deducted from the card balance]: $2.50


† Subject to change. See terms and conditions below for details.

†† Additional fees may be charged for use of ATMs by ATM operators, over which we have no control.


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 contact customer service immediately at 1-800-508-8813. 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 1-800-508-8813. 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 SideKick 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 SideKick 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 SideKick 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 we assess when you complete transactions in a currency other than Canadian dollar.

● ‘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 SideKick 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 1-800-508-8813 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 at 1-855-342-6924 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 1-800-508-8813, 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 1-800-508-8813 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 pre-recorded 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 1-800-508-8813). 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 1-800-508-8813. 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 1-800-508-8813 or email to: hello@herofinancials.com.

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

Updated: June 8, 2022.