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Caary Mastercard® business card agreement

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By applying for, accepting, or using the Account or any Card you (including Authorized Users), you agree that you have received and read this Agreement and agree to accept all of its terms.

This Agreement is a legally binding agreement between you and Peoples Trust Company and it sets out the terms and conditions under which you may use your Card and it applies if we send you any renewal or replacement Card.  This Agreement also governs your Account associated with the Card(s). Your Card Application is incorporated into and forms part of this Agreement.

The terms under which we will issue a Card to an Authorized User are set in the “Authorized Users” section of this Agreement. While your Authorized Users will have the same ability to charge transactions to your Account as you do, you will be responsible for all amounts owing on your Account, including those incurred by Authorized Users. You are also responsible for ensuring that all of your Authorized Users comply with the applicable terms and conditions of this Agreement.

This Agreement is your promise to pay amounts owing on your Account. You should read it carefully as it explains your rights and obligations. If you are an individual entering into this Agreement on behalf of the Business, you confirm that you have authority to act on behalf of the Business.

The Card is issued by Peoples Trust Company under license by Mastercard International Incorporated and administered by Caary as our agent.

1.  Account and Card Administration

(a) You must apply (through the Website at www.Caary.com) and be approved by Caary for an Account before any Card is issued by us under your Account to you or an Authorized User as directed by you. You agree to provide Caary current, complete and accurate information in your Application or as we or Caary request, and authorize Caary to investigate and collect information (including credit rating, financial and banking information) from third parties about you in order to evaluate your Application and set your credit limit. We and Caary rely on you to ensure that all such information provided is current, complete and accurate at all times. We and Caary may re-evaluate your Account from time to time in our discretion. You agree that we, or Caary, may exchange information with credit reporting agencies and other service providers to evaluate your Account.

(b) The Business must designate at least one Administrator through the Website and may designate additional Administrators. The Business is responsible for all actions taken by any Administrator or Authorized User(s) and for the management of all Cards and Authorized Users. Cards may only be requested by an Administrator through the Caary Platform. Each such request must be accompanied by current, complete and accurate information of the Authorized User that will receive such Card.

(c) We reserve the right not to issue, cancel or suspend any Card in our sole discretion and without notice. You may cancel any Card issued to you by notifying us using the Caary Platform, the Caary App, or by calling the help centre at +1 844 442 2279 and securely destroying the Card, provided that doing so will not relieve you from your obligations to pay for any Transactions on such Card if you are unable to do so.

2.  Authorized User(s)

(a) You can add or remove Authorized Users by utilizing the Caary Platform or Caary App, though we may limit the number of Authorized Users on your Account.

(b) Authorized Users have the same ability to charge Transactions to your Account as you do, however, Authorized Users are not responsible to us for any amounts owing for Purchases, Cash Advances, fees and interest on the Account. If an Authorized User is responsible to you for any of these amounts, for whatever reason, you will need to make your own arrangements with the Authorized User for repayment.

(c) Authorized Users will be permitted access to information about their Transactions on your Account, the credit limit of your Account and the amount of credit available to them on your Account via the Caary App.

(d) Each Authorized User acknowledges and agrees that the Business and each Administrator: (i) will have access to all information relating to such Authorized User or such Authorized User’s Card, including all Transaction details; and (ii) may cancel, suspend, set spending limits and other limits and restrictions, and otherwise manage such Authorized User’s Card.

(e) You are responsible for ensuring that each Authorized User receives a copy of this Agreement and any replacements or amendments to this Agreement, as well as any notices that affect the use of the Card or your Account. By signing, using or activating a Card in their name, an Authorized User agrees to be bound by all of the terms and conditions of this Agreement except that an Authorized User will not be responsible to us for the payment of any amounts owing in respect of Purchases, Cash Advances, fees or interest on the Account.

3.  Using Cards

(a) You and the Authorized User(s) may only use the Cards:

(i) to conduct Transactions for lawful business purposes of the Business (whether in person, by phone, on the Internet or other electronic method); or

(ii) to obtain a Cash Advance.

(b) Transactions may include pre-authorized or recurring Transactions, but it is your responsibility to make and manage such arrangements with merchants, including cancellation or the settlement of any disputes related to such Transactions. You are also responsible for informing merchants of any changes to any information required to process such Transactions. We reserve the right (but have no obligation) to provide details of such changes directly to merchants for such Transactions.

(c) Each Card may only be used by the Authorized User to whom it was originally issued. If you or an Authorized User allow someone other than the Authorized User to use a Card, you are still responsible for such use.

(d) Cards must not be used:

(i) after the expiry date shown on the Card;

(ii) for any personal, family or household purposes;

(iii) for any fraudulent, illegal or improper activity or purpose;

(iv) to pay any amounts owed to us or any of our affiliates.

(e) Your Card expires at the end of the month displayed on the Card. If any amounts are charged to your Account after your Card has expired, you are responsible for and must pay the amount owing.

(f) We reserve the right to decline or cancel Transactions or suspend Cards for any reason without notice, including breach of this Agreement, exceeding your credit limit or for certain types of Transactions, such gaming Transactions. We have no liability for any losses or damages you may suffer as a result thereof.

(g) You are solely responsible for settling any disputes or claims relating to Transactions directly with the merchant or service provider. No such dispute or claim will relieve your obligation to pay for Transactions and we have no responsibility or liability for any such dispute or claim. Stop payments are not available for Transactions. If a merchant agrees to give you a credit, we will credit the Account when we receive the merchant’s credit voucher, but will not refund any interest charged in connection with the Transaction.

4.  Credit, Cash and Spending Limits

(a) Your initial or current credit limit appears in the Statement of Fees and Rates on both the Caary App and the Caary Platform. We will determine the credit limit for your Account and we may adjust it from time to time without prior notice. Your monthly statement will indicate your then-current credit limit. Your credit limit is shared among all Cards on your Account. Your available credit is reduced at the time a Transaction is authorized. If we permitted (although we are not required to) the amount you owe us to exceed your credit limit by authorizing transactions in excess of your credit limit, the Business must immediately repay the excess amount.

(b) We establish cash limits for the maximum outstanding Cash Advances and Balance Transfers (together with any accrued interest thereon) and may adjust it from time to time without prior notice. The associated annual interest rates, fees, and limits are available to you, and all Authorized Users, via the Caary App and on the Caary Platform. Your monthly statement will indicate your then-current cash limit. Your cash limit is shared among all Cards on your Account.

(c) Any Cash Advance or Balance Transfer that results in your then current cash limit being exceeded may be declined, and the Business must immediately repay the excess amount. Interest is always charged on Cash Advances from the day the Cash Advance is made. Cash Advance Fees may also apply to certain Cash Advances, as set out in the ‘Other Fee’s section of the Statement of Rates and Fees. We will charge interest from the transaction date for the following types of transactions:

(i) When you make a cash withdrawal from your Account at a financial institution branch or ATM; and

(ii) When you make cash-like transactions, which are transactions similar to cash. Cash-like transactions include Transactions involving the purchase of items directly convertible into cash, including casino gaming chips, money orders, wire transfers, and traveller’s cheques.

(d) Administrators may from time to time set, remove or modify spending limits on individual Cards through either the Caary App and/or the Caary Platform. The spending limits automatically resets each month, or an Administrator can manually reset the spending limits.

(e) Exceeding any credit, spending or other limit will not relieve the Business of its obligation to repay the full Balance and may be subject to an additional fee. Transactions made through contactless technology or virtual Cards may be subject to other limits.

(f) All up to date information related to your credit limit, annual fees, annual interest rates, foreign currency conversion rates, and other fees are provided to you through the Statement of Fees and Rates located on the Caary App and the Caary Platform.

5.  Foreign Currency Transactions
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 your Account. The 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 your Card, the conversation rate used to convert your refund to Canadian dollars for the Card is the rate that we pay to Mastercard. 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 your 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.

6.  Monthly Statements

(a) Each month, we will provide you with a monthly statement. We will prepare your monthly statement at approximately the same time each month. If the date on which we would ordinarily prepare your monthly statement falls on a date for which we do not process statements (for example, weekends and certain holidays), we will prepare your monthly statement on our next statement processing day. Your payment due date will be adjusted accordingly.

(b) We will deliver your monthly statement to you electronically through the Caary App or the Caary Platform. It is up to you to review your monthly statement and to check all Transactions, interest charges and fees. If you think there is an error on your monthly statement, you must contact us.

(c) If you do not contact us within 60 days of the last day of the relevant statement period, the monthly statement and our records will be considered correct (except for any amount that has been credited in error) and you may not later make a claim against us in respect of any charges on the Account.

7.  Payments and Interest

(a) The Business is responsible for the payment of the Balance. You must ensure that the minimum payment shown on each monthly statement is received before the payment due date shown on the statement.

(b) You can make payments to your Account through the following methods: (i) online bill payment through your bank; or (ii) pre-authorized debit from the Linked Bank Account (once such functionality is available) If you choose to have payments processed automatically using PAD, then you agree to enter into a PAD authorization agreement as required by the rules of Payments Canada. Your payment obligations continue to apply even if you do not receive a statement for any reason, and it is your obligation to contact us if you do not. Payments are not credited to your Account until we receive them. If a payment is received after 5:00pm on a Business Day, it will be treated as if it was received on our next Business Day.

(c) Payments are applied in the following order: (i) interest; (ii) fees; (iii) Transactions on past monthly statements, starting with those bearing the lowest interest to those bearing the highest or, for Transactions bearing the same interest rate, Balance Transfers, Cash Advances, then Purchases; and (iv) Transactions on your current monthly statement in the same order as for those on past monthly statements. Credit Balances are applied to Transactions in the order they are charged to your Account.

(d) Interest will be charged on Cash Advances and Balance Transfers from the Transaction date until payment has been received in full for such Cash Advances or Balance Transfers. You have a minimum 21 day grace period in which you will not be charged interest on new Purchases and fees that appear for the first time on a statement (“New Purchases”), if we receive payment of the full Balance shown on your statement on or before the payment due date. If we receive less than the full Balance by the payment due date, we charge interest on New Purchases and fees starting from their Transaction date until we receive full payment for all New Purchases. Interest is calculated by multiplying the total interest-bearing portions of your Balance at the end of each day by the daily interest rate applicable to such portion. The daily interest rate is the annual interest rate shown on your statement divided by the number of days in the year. We do not charge interest on interest. No interest is paid on credit balances. Credit balances are not insured.

(e) Your Grace Period will be 21 calendar days. The grace period is the number of days between the last day of your monthly statement period and your payment due date. It is also an ”interest-free” grace period for purchases and fees but only if you pay your new Balance in full every month on or before the payment due date as set out in the “Determination of Interest” section of this Agreement. If the new Balance on your previous monthly statement was paid in full by the payment due date, the grace period for your current monthly statement will continue to be 21 days.

(f) All applicable information related to annual interest rates and minimum payments are provided to you through the Statement of Fees and Rates located on the Caary App and the Caary Platform.

8.  Minimum Payments

(a) Each month you must pay at the Minimum Payment due. If the Balance in a monthly statement is under $15.00, then you must pay the entire Balance.

(b) If your new Balance is less than the calculated Minimum Payment, you must pay the new Balance in full. Our Statement of Fees and Rates describes how the Minimum Payment is calculated.

(c) Your monthly statement will indicate the minimum payment. Our Statement of Fees and Rates describes how the minimum payment is calculated.

(d) You must make the Minimum Payment on or before the payment due date shown on your monthly statement. If you do not make your Minimum Payment by the payment due date or if you do not comply with other terms of this Agreement, we can deduct amounts owing from your Linked Bank Account and use those funds to pay the amount you owe on your Account, without telling you in advance.

(e) If you do not make your Minimum Payment by the payment due date and you have not paid it by your new statement date two (or more) times in any 12-month period, we may increase your annual interest rates to above your standard Purchase and Cash Advance interest rates. You will continue to pay the higher interest rates until such time as you have paid the Minimum Payment by your new statement date for 6 consecutive months thereafter. These rates will be updated and reflected on your Statement of Fees and Rates.

(f) From time to time, we may waive the requirement that you make minimum payment. In that case, interest will continue to be charged at rates set out on your monthly statement. Any waiver will not affect our right to require that you make your minimum payment at another time.

9.  Credit Vouchers

(a) If a store or merchant issues a credit voucher or otherwise gives a refund to you, we will reduce your Balance owing by the amount of the refund. However, if interest has been charged as a result of the Transaction, we will not refund the interest.

(b) If you use your Card or your Account number for a transaction in a foreign currency, and the merchant gives you a credit voucher or refund, the two transactions (the charge and the credit) will not exactly balance because of the exchange rate and currency fluctuations.

10.   Recurring Payments

(a) You are responsible for any recurring payments you have authorized merchants to charge to your Account, even after you or we cancel this Agreement. If you wish to discontinue any such payments, you must contact the merchant in writing and then check your monthly statements to ensure that the payments have, in fact, been discontinued. If they have not stopped despite your instructions to a merchant, we may be able to assist you if you provide us with a copy of the written request to the merchant.

11.  Problems with a Purchase

(a) If you have problems with anything you buy using your Card or your Account number, you must pay the amount owing on your Account and settle the problem directly with the store or merchant. In some circumstances, we may be able to provide assistance in resolving disputed Purchase. If you wish to discuss a dispute, you may contact us toll-free 1-844-HICaary between the hours of 9am-5pm EST.

12.  Lost or Stolen Credit Cards

(a) You must tell us immediately if your Card is lost or stolen, if you suspect that someone else is using your Card or your Account number or if you suspect that your Card is missing. You can contact us by calling our toll-free number 1-844-HICaary.
Once you have told us that your Card has been lost, stolen or misused, we will be able to prevent use of the Credit Card and the Account number. We can also block use of your Card and prevent use of your Account number without telling you if we suspect unauthorized or fraudulent use of the Card or the Account number.

14.  Communications

(a) You agree and consent to receive all communications and documents in electronic form, over the Internet, the email address you provide for this purpose or on the Caary Platform, and you agree to the use of “clickwrap” or similar mechanisms to sign documents. Such documents include without limitation this Agreement, your monthly statement, the Statement of Rates and Fees and any other documents relating to your Account. For legal purposes, documents sent electronically to you will be considered to be “in writing” and to have been signed and/ or delivered by us. You may also configure Account settings through the Website so that we send you e-mails to alert you to any new communications. You must ensure that we have a current and accurate e-mail address. We are not responsible if you do not receive communications we send to an address you have specified and agree that any communications or documents we make available in the manner described above or attempt to send to you are deemed to have been provided to you in a timely manner. In order to communicate with us by electronic means, you will be instructed to comply with certain security protocols established by us from time to time. These security measures are intended to protect both of us, and you must take all reasonable steps to prevent unauthorized access to your monthly statement and any other documents exchanged between us electronically.

(b) You are responsible for obtaining any hardware, software or services required to receive or sign communications or documents electronically. We may record telephone calls relating to your Account or Cards. If we send communications by post or courier, we will send such communications to the mailing address you have specified.

(c) You may withdraw your consent to receive communications and documents in electronic form at any time by providing notification of your withdrawal through the Website. If you do, we will send paper communications and documents to the mailing address you have provided to us once we’ve had a reasonable time to process your withdrawal. Pending the completion of such processing, electronic communications and documents will continue to be made available. We will send you paper confirmation by mail that your withdrawal has been processed. Your withdrawal of consent does not affect the validity or enforceability of electronic communications or documents delivered prior to the effective date of your withdrawal. The provision of paper communications and documents by mail may be subject to additional fees, as set out in the Statement of Rates and Fees.

(d) If you have a complaint or concern regarding us, your Account or any Card, please contact us through our website, caary.com. You may also contact us by e-mail at support@caary.com or call us at 1-844-HICaary. If you choose to contact us through e-mail, do not send confidential or personal information as e-mail is not a secure means of communication.

15.  Security and Liability

(a) You are responsible for securing the use of your Account and your Cards, including any personal identification numbers (PIN), passwords and other credentials you select (“Passwords”) and any e-mail address, mobile phone, phone number or other device or account (“Authentication Devices”) that may be used to confirm your identity or the authenticity of a Transaction. Each Password is only for the personal use of the individual selecting it. Without limiting the generality of the foregoing, you must: (i) keep your Card in your possession and control; (ii) if using a virtual Card, keep your mobile phone in your possession and control and not allow anyone else to access or use your mobile phone; (iii) not disclose or share any Password with anyone; (iv) not write down any Password; (v) not use any Password that can be easily obtained or guessed; (vi) not allow anyone else to access or use your Card or any Authentication Device; (vii) ensure we have correct and current details of all Authentication Devices; and (viii) immediately notify us of any loss, theft or actual or suspected compromise of any Card, Password or Authentication Device or any unauthorized Transactions.

(b) We will provide you with a PIN for your Card or advise you how to select a PIN. We will also tell you how to change your PIN.

(c) You are not responsible for unauthorized Transactions that occur provided that you (i) are able to establish to our reasonable satisfaction that you have taken reasonable steps to protect your Card against loss or theft and to safeguard your Passwords in the manner set out in this Agreement or as we may otherwise advise you from time to time, and (ii) cooperate fully with our investigation. You will, however, remain fully responsible for all such charges if you voluntarily disclose your Passwords or otherwise contribute to the unauthorized use of your Card or access to your Account, or fail to tell us in a reasonable time that your Card have been lost or stolen or that someone else may know your Password. You are not responsible for any unauthorized use of your Card or your Account number in Transactions in which neither a PIN nor a security code is used as the cardholder verification method. For the purposes of this protection, “unauthorized use” of a Card or Account number means use by a person other than you or an Authorized User who does not have actual, implied or apparent authority for such use, and from which neither you nor an Authorized User receives any benefit.

16.  Ownership of Credit Card

We own all Cards issued on your Account. We have the right to cancel any Card issued on your Account at any time. You must return all Cards to us or securely destroy the Cards if we ask you to do so.

17.  Termination

(a) If you wish to terminate this Agreement, you may initiate such termination by having an Administrator or authorized signing officer contact us. Termination will be completed once we confirm the termination request and identity of such Administrator or authorized signing officer.

(b) We may terminate or suspend this Agreement, your Account or any Cards for any reason at any time without notifying you in advance.

(c) We may also terminate this Agreement immediately if: (i) you fail to make the Minimum Payment on or before the payment due date; (ii) you are subject to any insolvency, bankruptcy, receivership or similar proceedings; or (iii) you fail to perform your obligations under this Agreement.

(d) Any termination or suspension of this Agreement will not relieve the Business of its obligation to pay all amounts owing to us. If we terminate this Agreement, you must pay all amounts owing to your Account, stop using the Cards and return your Cards to us or destroy them.

18.   Protecting Your Privacy

(a) By accepting or using the Card, you consent to the collection, use, disclosure and retention of your personal information by us, our service providers (including Caary) for purposes relating to your Application for the Card and your use of the Card and as otherwise described below. The collection of such personal 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 the 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.

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.

We and our service providers will collect information about you, Administrators and Authorized Users (e.g. their name, address, telephone number and date of birth) when you accept a Card and, if a Card is issued to you, we and our service providers will collect information about you and Authorized Users 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 third party providers of identity verification, demographic and fraud prevention services.

We may, at any time, sell, transfer, or assign any or all of our rights under this Agreement. If we do so, we can share information concerning your Account with prospective purchasers, transferees, or assignees. In any such case, we will ensure that they are bound to respect your privacy rights in the same way that we are.

(b) How we use, retain and disclose personal information. We and our service providers will use, disclose and retain your Cardholder Information to process the issuance of your 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 applicable law 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 us at +1 844 442 2279 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 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, we and our service providers may share this information for audit related purposes to ensure you are receiving the best possible customer service.

(c) Other uses of personal information. In addition to the foregoing, if you consent to a 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 third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the third party.

(d) 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 us at +1 844 442 2279. If you withdraw your consent, we will continue to collect, use, disclose and retain your Cardholder Information, in accordance with applicable law, for as long as may be reasonably required to perform services relating to the cancellation of your Credit 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.

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/.

19.  Amendments

We may amend this Agreement at any time. If we do, we will let you know at least 30 days before the amendments come into effect. If your Card or your Account number is used for a transaction or if any amount owing remains unpaid after this Agreement is amended, it will mean you accept the amendments we have made to this Agreement.

20.  Liability

(a) We will not be liable to you for damages (including special, indirect or consequential damages) that may result if, for any reason, your Card or your Account number is not accepted or you are unable to access your Account.

21.   Governing Law; Submission to Jurisdiction

This Agreement will be governed by and interpreted in accordance with the laws of the Province of British Columbia and the applicable laws of Canada. In the event of a dispute, you agree that the courts in the Province of British Columbia shall be competent to hear such dispute and you agree to be bound by any judgment of that court.

22.  Entire Agreement

(a) 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.

23.  Assignment

(a) We may, at any time, sell, transfer or assign any or all of our rights under this Agreement. If we do so, we can share information concerning your Account with prospective purchasers, transferees or assignees. In any such case, we will ensure that they are bound to respect your privacy rights in the same way that we are.

(b) You must not assign or transfer your Account, any Card, this Agreement or any rights or obligations under this Agreement.

How to Contact Us

(a) If you need help or have questions about your Account please contact us at support@caary.com or call 1-844-412-2279.

(b) When used in this Agreement, the term “including” means “including, but not limited to” and unless the context otherwise requires, words denoting the singular shall include the plural and vice versa, and words denoting any one gender shall include all genders. The headings in this Agreement are for convenience only and do not affect the interpretation of the rest of the Agreement. When we refer to this Agreement or other agreements or documents, we are referring to this Agreement and those other agreements or documents as they may be amended, replaced or supplemented from time to time. In this Agreement.

(c) In this Agreement, capitalized terms have the meaning assigned to them and the following terms have the following meanings:

(i) “Agreement” means this Caary MasterCard Business Card Agreement between Peoples Trust Company and you, and all documents that are expressly referred to in this Agreement, which govern your use of the Card, as amended from time to time.

(ii) “Account” means a credit card account you have opened and maintain in the name of the Business.

(iii) “Administrator” means each individual authorized by the Business to administer or manage the Account and Cards and act on behalf of the Business. An Administrator is also otherwise referred to as the “User” in the Caary Platform agreement.

(iv) “Application” means the request made to Caary for the Account and each Card.

(v) “Authorized User” means each individual to whom we issue a Card under your Account.

(vi) “Balance” means the total amount of all Transactions, fees, interest and other amounts charged to the Account less any payments or other credits posted to your Account.

(vii) “Balance Transfer” means a transfer of any amount owing from another credit facility to the Account.

(viii) “Business” means the entity that has qualified for and opened an Account.

(ix) “Business Day” means a day on which banks are open for business in Ontario, but excludes Saturday, Sunday and any other day which is a statutory holiday in Ontario

(x) “Caary” means Caary Capital Ltd.

(xi) “Caary App” means Caary’s mobile application.

(xii) “Caary Platform” means the platform operated and maintained by Caary for you to access the Account and manage Cards.

(xiii) “Card” means each physical or virtual Caary Mastercard® credit card, each represented by a unique card number, that we issue to an Authorized User.

(xiv) “Cash Advance” means a cash withdrawal from the Account (including for a transfer to bank or similar account) or the purchase of items similar to or convertible into cash, such as prepaid cards, money orders, wire transfers, travellers cheques and gaming chips or instruments.

(xv) “Linked Bank Account” means a deposit account in the name of the Business at a financial institution that you have designated as such in the Application and as updated by the Business from time to time.

(xvi) “Minimum Payment” is the amount indicated on the monthly statement.

(xvii) “Purchase” means a purchase of goods, services or both that is charged to the Account, other than for items defined as a Cash Advance.

(xviii) “Services” means the services to help you manage the Account or your usage thereof and any other services Caary provides to you.

(xix) “Statement of Rates and Fees” means the statement we provide through the Caary App or Caary Platform that discloses information about the Account and Cards, including credit limits, cash limits, interest rates, minimum payments, minimum balance requirements for the Linked Bank Account, foreign exchange conversion and fees.

(xx) “Transaction” means a Purchase, Cash Advance, Balance Transfer or other charge to the Account.

(xxi) “we”, “us”, “our” means Peoples Trust Company, its affiliates, successors and assignees.

(xxii) “Website” means https://caary.com

(xxiii) “you”, “your”, and “yours”, means the Business and/or each Administrator.

Caary Capital “Caary” and the logo are trademarks of the company. The Caary Mastercard® Business Card is issued by Peoples Trust Company under license from Mastercard International Incorporated or its Affiliates. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated

Effective Date: 2022-04-30