Cardholder Agreement

VISA 461126

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The Joker Prepaid Visa® Card Cardholder Agreement

The following terms and conditions apply to your use of the Card. By purchasing, activating, signing and/or using the Card, you are agreeing to these terms and conditions and fees outlined below. The Card must be signed to be valid.  Signature signifies express consent of the signer for this product. You can go to the Website (indicated on the back of your Card) for a current copy of this Agreement and for additional information about your Card.

Card Issuer: The Card is issued by Equitable Bank pursuant to a licence from Visa International Incorporated.

Card Information and Balance: For up-to-date Card terms and conditions, to check your balance or to access your transaction history, visit or call our 24/7 toll-free customer service number at 1-833-250-6810.

Card Restrictions: The Card is not returnable, refundable and cannot be used to make cash withdrawals. You cannot reload the Card. Once Verified, original credit transactions may apply within the load boundary of a Card. The Card is not eligible for protection under any Zero Liability policy ( unless the Card is Verified. Regular pre-authorized debit (PAD) transactions are not permitted. Use of the Card in certain countries may be restricted by law. Use of the Card may be restricted at some online merchants. You must not use your Card: (a) for any fraudulent or illegal purpose, including the purchase of any goods or services prohibited by applicable local law; or (b) after the Card’s expiry date. The Card is subject to maximum transaction limits, as set out below. Equitable Bank may change these limits in accordance with Applicable Law and will post notice on the Website at least thirty (30) days in advance of the effective date of the change. The change will take effect on the date indicated in the notice. If you do not comply with this Agreement or we determine your Card is being used for a fraudulent purpose, we may suspend or cancel your ability to use your Card. We may refuse to load additional funds on to your Card for any reason. We may also take any steps permitted by law to enforce our rights under this Agreement without prior notice to you and you will pay all legal fees and expenses incurred. Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC).  

Maximum card balance and maximum single spend per transaction: up to $500 CAD.  

Notwithstanding the foregoing, unless a Cardholder is Verified, in which case the following European Economic Area limits do not apply, the maximum spend in a single transaction at merchants located in the ƚEuropean Economic Area will be limited to $75 CAD and the maximum spend over the lifetime of the Card in the European Economic Area is $225 CAD. 

ƚThe European Economic Area includes the following countries, islands, and territories: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, Spain, Sweden, Canary Islands, Ceuta, Melilla, Azores, Madeira, Aland Islands, Jan Mayen, French Guiana, Guadeloupe, Martinique, Réunion, Saint Martin (French Part), United Kingdom including all legal jurisdictions under the United Kingdom, and Mayotte.

Card Expiry and Access to Balance: There is an expiry date printed on the face of the Card. This is the date after which you may not use that Card for any purpose. Your right to the funds loaded on the Card does not expire. If funds remain on the Card, the Card may be replaced on and following the expiry date at no cost to the Cardholder. You may contact customer service at 1-833-250-6810 to request a replacement Card with the then current Balance.

Fees: The table below sets forth the fees that may be imposed upon your Card. You acknowledge being advised of the fees and agree to pay all applicable fees under this agreement.


*Purchase Fees
$25 Card: $4.95
$50 Card: $5.95
$75 Card: $5.95
$100 Card: $5.95
$150 Card: $6.50
$200 Card: $6.95
$250 Card: $7.50
$25-200 Card: $7.95
$200-500 Card: $9.95
$500 Card: $9.95

Foreign exchange fee 2.5%
**Verified Cardholder fee: $2.50

* Upon activation, and dependent on the value of the Card you purchase, you will be charged a one-time Purchase Fee in the amount set out above (plus applicable taxes).
** Optional. Only applies after successfully becoming a Verified Cardholder and will be deducted from the Balance on your Card.

Lost or Stolen Cards: You must take all reasonable precautions to protect your Card against loss, theft or unauthorized use. If your Card has been lost or stolen, or if you have reason to believe that someone has made an unauthorized transaction with your Card, or may attempt to use your Card without your permission, you must notify us IMMEDIATELY by calling at 1-833-250-6810. 

Split Tender Transactions: If the Balance on your Card is insufficient to cover the full transaction amount, you may request the merchant to conduct a split tender transaction where you use the Card as partial payment and then pay the remainder of the amount with another form of payment.  If you fail to inform the merchant that you would like to complete a split tender transaction prior to swiping your Card, your Card may be declined. Some merchants may not accept split tender transactions.


“Agreement” means this Cardholder Agreement between Equitable Bank and the Cardholder and all documents that are expressly referred to herein, which govern your use of the Card.
  “Applicable Law” means the Bank Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Act Respecting the Protection of Personal Information in the Private Sector (Quebec), the Consumer Protection Act (Quebec), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), Payment Card Industry Data Security Standards (PCI-DSS) or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Equitable Bank, its service providers and the Distributor are subject to, or any bylaw, operating rule or regulation of Visa.
“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.
“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 (Canada), the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada), and its regulations, as may be amended from time to time. 
“Cardholder” means an individual who purchased, signed and/or used the Card(s).  For clarity, a Cardholder may have more than one Card in possession. 
“Distributor” means each distribution agent and retail outlet which offers the Cards for sale to consumers. A Distributor is not an agent, mandatory or representative of Equitable Bank.
“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, commission, board, professional agency, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, in each case to the extent it has jurisdiction over Equitable Bank, its service providers and/or the Distributor 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.
“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.
“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.
“Verified” means, in respect of a Cardholder, that the Cardholder is a Verified Cardholder, and, in respect of a Card, means that the Card is held by a Verified Cardholder.
“Verified Cardholder” means any Cardholder that successfully passes the Cardholder verification process approved by the Issuer and has paid the Verified Cardholder fee.
“Visa” means Visa International Incorporated and its successors and assigns.
“Visa Conversion Rate” means the rate that we pay to Visa to convert foreign currency to Canadian currency plus the Foreign exchange fee.
“We”, “us”, and “our” mean Equitable Bank, EQ Bank and our successors, subsidiaries, affiliates or assignees.
“Website” means
“You”, “your”, and “yours” each mean the Cardholder.

The Visa Prepaid Card: The Card is a prepaid, stored-value Visa card that can be used anywhere that Visa is accepted, including mail order, online and point of sale retail merchants, subject to the terms of this Agreement. The Card can be used to pay the full amount of the purchase and applicable taxes, so long as the Balance remaining on the Card is sufficient. You cannot reload your Card. The Card is, and will remain, the property of Equitable Bank. 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, other than the 5% bonus as set out in this Agreement. 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 Visa. 

5% Bonus: You will receive a bonus back on the Card Balance in the amount of 5% of the amount all purchases made with the Card at participating merchants. Purchases made at participating merchant locations outside Canada and purchases of gift cards may not be eligible for 5% bonus calculations. Bonus funds will be added to the Balance on the Card within ten (10) days following purchase date, dependent on merchant settlement timing. Bonus funds become part of the Balance and are treated as such for purposes of the Card expiration. Qualifying purchases, participating merchant settlements, and bonus transactions must occur prior to Card expiry date. Only the Transaction Amount applied to the Card at participating merchants is eligible for the bonus. If a transaction involves the Card plus a supplemental payment method, the portion of the transaction applied to the supplemental payment method is not eligible. Credit transactions (for example, a refund you receive from a merchant) may result in a reduction in bonus funds. Bonus funds will be rounded to the nearest one-hundredth of one dollar. Specific merchant terms and conditions may apply. We are not responsible for delayed merchant settlements. Participating merchants are subject to change (a current list of participating merchants is available at This bonus award is subject to termination or change at any time without notice.

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

Use and Ownership of the Card: You are solely and completely responsible for the possession, use and control of the Card. You must surrender the Card to us immediately upon request. The Card may not be used for any illegal transactions or purposes. 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. To use the Card, simply present the Card at the time of payment. You should retain the receipt as a record of the transaction. As you use the Card, the Card’s Balance will be reduced by the full amount of each purchase including taxes, charges and other fees, if any. We recommend that you write down the Card number and the customer service number in case the Card is lost or stolen. You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on your Card and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on your 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 this Agreement or any features or services of the Card at any time, with or without cause, with thirty (30) days’ notice to you, according to Applicable Law. If you wish to make Internet, mail, or phone order purchases, we recommend you go to the Website and register your Card in order to avoid unnecessary declines of the use of the Card. Registration and verification of the Card are limited to Canadian residents. If you use your Card for card-not-present transactions (such as for Internet, mail or phone purchases), the legal effect is the same as if you used the physical Card. Some merchants (including, but not limited to, restaurants, hotels, 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 your 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 pre-authorization percentage. 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. It may take up to ten (10) days for the pre-authorization hold to be removed. During the hold period, you will not have access to the pre-authorized amount. 

Activating the Card and Providing Express Consent to this Agreement: The Card has no value and is not valid until it is: (a) activated by the cashier at the time of purchase; and (b) signed by you on the back of the Card where indicated. Signature signifies express consent of the signer for this product.  Upon activation, and dependent on the value of the Card you purchase, you will be charged a one-time Purchase Fee in the amount set out under ‘Fees’ in this Agreement.

Becoming a Verified Cardholder: You may become a Verified Cardholder by visiting the Website, registering your Card, paying the Verified Cardholder fee, and successfully passing the Cardholder verification process with respect to your Card.

Transactions Made in Foreign Currencies: All transactions will be recorded in your transaction history in Canadian dollars only. We convert transactions made in a foreign currency to Canadian dollars using a Visa Conversion Rate in effect on the day the transaction is posted to your Card. The Visa Conversion Rate in effect on the posting date may differ from the rate in effect on the transaction date. However, if a foreign currency transaction is refunded to your Card, the Visa Conversion Rate used to convert your refund to Canadian dollars for your Card is the rate that we pay to Visa minus the Foreign exchange fee of 2.5% (as set out under “Fees” in this Agreement). Additionally, the rate that we pay to Visa 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 your Card for that transaction. 

Protection against Loss, Theft, or Unauthorized Use:

If your Card has been lost or stolen, or if you have reason to believe that someone has made an unauthorized transaction with your Card, or may attempt to use your Card without your permission, you must notify us IMMEDIATELY by calling at 1-833-250-6810. If your Card is lost or stolen, you will be asked to provide us with your name, the Card number, the expiry date, the original Card value and transaction history. We cannot re-issue a Card if you do not have your Card number unless you are a Verified Cardholder or have registered your Card. If our records show that a Balance still remains on the Card, we will cancel the Card and make such Balance amounts available to you on a re-issued Card. It may take up to thirty (30) days to process your re-issue request. You agree, to the extent permitted by law, to cooperate completely with us in our attempts to recover from unauthorized users and to assist in their prosecution. If you are not a Verified Cardholder or have not registered the Card on the Website, you authorize us to act in your place as Cardholder to take any steps we deem necessary in the case of suspected or alleged fraudulent use of the Card or Card number.
You are responsible for all transactions and any resulting fees, expenses and losses incurred if: (a) you authorized the transaction (including if you make an entry error); (b) you have acted fraudulently; (c) you have been negligent (including failing to look after your Card); (d) your Card is lost or stolen (except you will not be liable for charges incurred on your Card through merchants that are identified by us as unauthorized); (e) your Card is misused with your consent; or (f) you allowed another person to use your Card, even if the person was a minor or did not comply with any limitations you placed on their use. 

A transaction will be considered unauthorized only if: (a) the Card has been used by a person other than you and without actual or implied consent; (b) you receive no benefit from the transaction; and (c) you have fulfilled your obligations under this Agreement. 

We reserve the right to: (a) conduct an investigation into the validity of any request regarding a lost or stolen Card; (b) require verification of your identity; and (c) require you to provide an affidavit in connection with your request. It may take up to thirty (30) days to process your request.
You agree to cooperate with any investigation with respect to any loss. If we later determine that you authorized a transaction, we may reverse any credit provided to you and you will be liable for the transaction and any interest, fees or losses. We may take whatever steps we consider necessary to recover your lost or stolen Card. 

Your Card can only be used if the Balance on your Card is sufficient to cover your transaction and any fees. Otherwise, the transaction will generally be declined. However, if a transaction occurs despite there being an insufficient Balance on your Card (due to a systems malfunction or for any other reason), you may be required to reimburse us for the amount above the Card balance and any fees. If we request reimbursement from you, you agree to reimburse us for that amount within thirty (30) days. If you fail to pay such amount within thirty (30) days, your Card may be cancelled.

Notification and Change of Terms: Subject to the limitations of Applicable Law, we may at any time change or remove any of the terms and conditions of, or add new terms or conditions to this Agreement. We will post a written notice of any such changes and any other information required by law at least thirty (30) days before the change is stated to come into effect on the notice, as well as the most recent version of this Agreement, on the Website. As of the effective date included in any notice, the changed or new terms will apply to the Card, including, without limitation, all future transactions made using the Card. You are responsible for checking our Website for such notifications. You will be deemed to accept and be bound by the Amendment upon use of the Card following the effective date of the Amendment. If you do not agree to any change of this Amendment, you agree to immediately stop using the Card and notify customer service that you are terminating this Agreement. Notwithstanding the foregoing, advance notice of any change may not be given if it is necessary to make any such change immediately in order to maintain or restore the security of the Card or any related payment system or comply with Applicable Law. If such a situation does arise, then you will be given notice as soon as reasonably possible in the circumstances. We may unilaterally correct any errors without notice to you.

Purchase Disputes and Refunds: You must check your Balance and transactions regularly. If you believe a transaction on your account is incorrect, you must notify us in writing of your dispute within sixty (60) days of the transaction date. You can obtain a dispute form at the Website.  Dispute forms must be completed and sent to the customer service team. Please note that this form must be received within sixty (60) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction. 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, our service providers, the Distributor, or Visa arising from or related to this Agreement or the use of the Card (i) shall be resolved by final and binding arbitration before a single arbitrator at Toronto, Ontario and (ii) shall not be brought through class or individual litigation proceedings. If such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.

Contact Information: Any inquiries related to the Card, a Card’s balance, or the terms and conditions should be directed to 1-833-250-6810. 

Complaints: If you have an inquiry or complaint about any aspect of your Card, first attempt to resolve it by calling our toll-free Joker Card customer service number at 1-833-250-6810 (Step 1). lf customer service is unable to resolve the inquiry or complaint to your satisfaction, you may escalate your complaint to Cardholder Services by calling 1-833-241-4894 (Step 2). lf they are unable to resolve the issue to your satisfaction,
you may refer your complaint in writing to Equitable’s Dispute Resolution Office, Step 3 of Equitable’s Customer Complaint Handling Procedure found at

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

If you choose to contact the OBSI, please do so within 180 calendar days from the date you received a response from the Dispute Resolution Office. You may also contact OBSI if it has been more than 56 calendar days from the day you made the complaint to us and you have yet to receive a final response.

You may contact OBSl by letter, telephone, email or through its website at: 
Ombudsman for Banking Services and Investments
20 Queen Street West, Suite 2400 
P.O. Box 8
Toronto, Ontario M5H 3R3 
Telephone: 1-888-451-4519 

If you have a concern regarding a potential violation of a consumer protection law, a public commitment, or a voluntary code of conduct, the concern may be communicated at any time to the Financial Consumer Agency of Canada, by letter, telephone, or through its website at:
Financial Consumer Agency of Canada (FCAC) 
427 Laurier Avenue West, 6th Floor
Ottawa,   ON,   K1R   1B9 

Equitable Bank has adopted a number of “Voluntary Codes of Conduct and Public Commitmentsˮ, which are available at

Notice of Data Protection And Privacy Policy: You consent to the collection, use and sharing of your personal information, including with, but not limited to, our service providers, in accordance with the terms of the Equitable Bank Privacy Agreement and federal privacy legislation. A copy of our Privacy Agreement is available at This Privacy Agreement may be amended, replaced or supplemented from time to time. The term “personal information” used in this Agreement, shall have the meaning set out in the Privacy Agreement. For greater certainty, personal information includes information relating to your Card and any transactions involving your Card. We and our service providers may obtain personal information (“Cardholder Information”) about you (e.g., your name, address, telephone number, email address and date of birth), your use of the Card and related services, including information (i) provided to us by our service providers, (ii) provided by you when contacting our customer services (see Contact Information section of the Agreement), (iii) provided by you when registering your Card and/or becoming a Verified Cardholder, and (iv) about your Card transactions, such as the date, amount and place of each transaction. We and our service providers may obtain Cardholder Information directly from you and from other sources including from third party providers of identification verification, demographic and fraud prevention services. You consent to the collection, use, disclosure and retention of your Cardholder Information by Equitable Bank, and its service providers as described in this Agreement. The collection of that information is necessary for the entering into and the performance of this Agreement. Therefore, if you do not consent to the collection, use, disclosure and retention of this information as set forth in this Agreement, you may not use the Card. You consent that, in the event that you voluntarily provide personal information to a Distributor, such personal information may be shared by the Distributor with us or with our service providers. We and any applicable service provider may also, in such circumstances, share Cardholder Information with the applicable Distributor in order to provide you with the Card and related services. You may communicate with us through our customer service toll-free number or the Website with regard to requests to access or rectify information related to you that we have obtained or you may send a written request to us as outlined in our Privacy Agreement. Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information unless otherwise specifically disclosed or agreed to by you. We maintain physical, electronic, and procedural security measures that comply with Canadian regulations to safeguard Cardholder Information. 

Disclosure: We will disclose your Cardholder Information to our service providers to assist us in providing services to you and to provide related services to us. We and our service providers may use and store Cardholder Information at facilities in various countries (including Canada and the United States) to process Card transactions, to provide customer service, to process claims for lost or stolen Cards, to help protect against fraud, and to conduct research and analysis with our Cardholders through mail, phone or email surveys. If you have provided your consent, we, and/or our service providers may use Cardholder Information for direct mail communications and/or emails about upcoming promotions and offers. We may also provide information about you and your participation in the program to our service providers. We may provide certain Cardholder Information to others as permitted by Applicable Law, such as to government entities or other third parties in response to subpoenas.

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 the United States) of such personal information to third parties for the purpose set out above. Should you not wish to accept these data protection terms and conditions or wish to withdraw your consent and cancel the Card, you must communicate with customer service and request we cancel the Card and discontinue any further use of your personal information.

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.

Assignment and Waiver: 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.

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 in Québec, or as expressly otherwise provided in this Agreement and except for any applicable warranties set out in the Consumer Protection Act, 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 of fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage or trade.

Limitation of Liability: If you cannot use your Card for any reason, we are not liable whether the reason was within our control or not. You understand and agree that, except as otherwise provided in this Agreement, and in addition to those limitations on Equitable Bank’s liability set out elsewhere in this Agreement, we are liable to you only for direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from our 8.25 damages, including, without limitation, indirect, incidental, special, punitive or consequential losses or damages, loss of profits, loss of revenue, loss of business opportunities, or any other foreseeable or unforeseeable loss resulting directly or indirectly out of this Agreement or the services provided to you, even if we were advised of the possibility of damages or were negligent. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, riots, failure of merchants to honour the Card, failure of merchants to perform or provide services, failure of communications systems, or failures of or difficulties with our equipment or systems. Not in limitation of the foregoing, we will not be liable to you for any delay, failure, or malfunction attributable to your equipment, any Internet service, any payment system or any customer service function. These limitations apply to any act or omission of Equitable Bank, its affiliates, agents or suppliers, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law. Gross negligence in this paragraph means conduct (whether through action or inaction, or through words or silence) which is: (i) a marked and flagrant departure from the conduct ordinarily expected of a reasonable and prudent person in the position of Equitable Bank; or (ii) so wanton and reckless as to constitute an utter disregard for harmful, foreseeable and avoidable consequences. 

Website and Availability: Although considerable effort is expended to make the 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 or Website changes or failures, nor shall 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 or armed conflicts. We shall 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.

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

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.

Section Headings: Section headings in this Agreement are for reference only, and shall 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 shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement. 

Effective: July 12, 2022.
*Visa Int./Equitable Bank, Licensed User.