Terms of Use

1. Introduction

Everyday People Financial Corp. ("EP Corp."), operating for purposes of these terms of use as EP Financial, together with its subsidiaries, affiliates, and any of their respective employees, agents, officers, directors, or third-party service providers (collectively, "EP," "we," "us," and "our"), provides certain services to you through its websites, including https://everydaypeoplefinancial.com/ and any related websites, applications, portals, or online services owned and operated by EP or its affiliated companies (collectively, the "Website").

These terms of use set forth the terms and conditions that apply to the entity or person ("you", "your" or "user") who requested access and use of the Website (the "Terms of Use").

2. Scope of Use

These Terms of Use apply to your use of the Website, which, as defined above, includes all of the sites and services owned or operated by EP and its affiliated companies. Unless stated otherwise, all references to the Website in these Terms of Use include all of EP's websites. These Terms of Use do not apply to your use of unaffiliated and/or external sites and/or services to which the Website provides only a link.

Any and all information received from you and your access or use of the Website will be subject to EP's privacy policy ("Privacy Policy"), which shall form part of these Terms of Use.

3. Acceptance

By accessing or using the Website you are indicating that you have read, understand, and agree to be bound by the Terms of Use and EP's Privacy Policy, as they may be amended from time to time. You understand that these Terms of Use are an agreement between you and EP. No other person shall have any rights to enforce any of these Terms of Use. If you do not agree to these Terms of Use, then you must cease access and use of the Website.

EP has the right to revise these Terms of Use at any time without prior notice by posting an updated version on: https://everydaypayments.ca/terms-of-use. Your continued use of the Website shall be deemed irrevocable acceptance of those revisions. It is your responsibility to review the Terms of Use prior to using the Website. At any time, EP may (i) revoke your use or right to use of the Website for any reason, (ii) modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.

4. Disclaimer

The Website is provided on an "as is" and "as available" basis. You expressly understand and agree that the use of the Website is at your sole risk. To the extent permitted by law, EP disclaims all warranties, either express or implied, concerning the accuracy, reliability, timeliness, or suitability for any purpose, of the information contained in or referenced to the Website and expressly disclaims liability for errors or omissions in this information and material. Any person accessing or using the Website accepts and assumes all risks relating to the accuracy or reliability, or arising from the use of, the information and materials available on the Website. The Website is intended to provide information on products and services as well as access to forms and other EP platforms. The respective agreement for any such product, service or access will govern the transaction related to that product, service or access between EP and you.

EP attempts to provide accurate and current information on the Website. However, errors may occur from time to time and the information presented may be intended for general, not specific, use. In any case of a discrepancy between content on the Website and printed content published by EP, the EP printed version shall be deemed to be correct and shall prevail. Where there is a discrepancy between publications made for the general public and the specific agreement and disclosures made between EP and you for any specific product or service, the specific agreement and disclosures for your specific product or service shall prevail.

EP makes no warranty of any kind, implied, expressed, or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, trojan horse, bugs or malware is given in conjunction with the information and material on the Website. You must independently verify the accuracy of all such information and material before acting or relying thereon. It is your responsibility to implement any safeguards you consider prudent to protect your system and data from any computer virus, trojan horse, bugs, malware or other destructive code/program. EP also assumes no responsibility or liability for the deletion or failure to store, or access, or to store or access properly, your information. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained with respect to your use of the Website, even if you have paid for virus protection services.

EP will not have any liability for any special, incidental, consequential, direct, or indirect losses or damages, or any other damage or loss claimed either in contract, negligence, extracontractual liability or tort including, without limitation, punitive damages arising out of the use of the Website and the information contained therein or arising out of the inability to use the Website and the information contained therein.

5. Indemnification

You agree to indemnify, defend, and hold harmless EP, which, as noted above, includes all their affiliated companies, employees, members, directors, managers, officers or agents, from and against any loss, liability, damage, penalty or expense (including all legal fees and costs on a client and solicitor basis) they may suffer or incur as a result of (i) any claim by you, (ii) any failure by you or any of your employees, agents or subcontractors to comply with these Terms of Use or any misuse of the Website; (iii) any warranty or representation made by you being false or misleading; (iv) any representation or warranty made by you or any of your employees, agents or subcontractors to any third person other than as specifically authorized by these Terms of Use, (v) negligence of you or any of your employees, agents or subcontractors, or (vi) any alleged or actual violations by you or any of your employees, agents or subcontractors of any payment card association rules, governmental laws, regulations or rules, or rights of any third party.

This indemnification shall survive these Terms of Use and your use of the Website.

6. Proprietary Rights

The Website and the content available thereon are owned by EP or EP's licensors or service providers and are protected by copyright, trademark, trade secret, and other intellectual property laws. Such content includes, but is not limited to, text, scripts, graphics, designs, photos, sounds, music, videos, and interactive features and the trademarks, trade names, service marks and logos (collectively, the "Content"). The Content is provided to you in connection with your use of the Website and you are not permitted to download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Content for any other purposes whatsoever without prior written consent and/or payment of the applicable licensing fees to EP or its licensor. EP reserves all rights not expressly granted in and to the Website and the Content. You further agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

7. Website Use and Access

EP hereby grants you permission to use and access the Website in accordance with these Terms of Use, based on the following representations, warranties and covenants that you hereby provide:

• You shall use the Website solely for your authorized personal or business use, as applicable;
• You shall not copy, reproduce, distribute or exploit any part of the Website in any medium or manner that is inconsistent with these Terms of Use;
• You are the legal age of majority in your province or territory of residence; and
• You shall comply with these Terms of Use.

With regards to the Website or any content on the Website, you agree that you will not:

• Use the Website or content in a way that could damage the Website or the information on it, or the Content;
• Interfere with Website security or the security of any linked websites;
• Disrupt or interfere with another person's use of the Website;
• Use or attempt to use another person's account, password, or system without prior written authorization from EP;
• Distribute, copy, or otherwise make available any Content or other materials from the Website for commercial exploitation without the express written permission of EP;
• Violate, infringe or misappropriate any right, including but not limited to intellectual property rights, of any third party;
• Use the Website or the information on it to send any type of mass communication;
• Use the contact information on the Website to send communications of illegal, sexual, racist, discriminatory, or otherwise inappropriate nature to any person or entity, as EP determines in its sole discretion;
• Use the Website or any Content that may be considered defamatory or otherwise malicious or harmful to any person or entity, as EP determines in its sole discretion;
• Use the Website or any Content in any manner that is unlawful in the jurisdiction in which you reside and/or operate, or in the governing law jurisdiction of these Terms of Use;
• Attempt to gain unauthorized access to the restricted areas of the Website;
• Manipulate identifiers to disguise the origin of any content transmitted on or through the Website or the source of any content;
• Mislead or deceive or impersonate any person, or misrepresent your identity or affiliation with any person, including EP or its service provider;
• Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of our networks connected to the Website;
• Upload, download, transmit, or otherwise make available to EP or any other person through the Website any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; and
• Collect or harvest any information or data from the Website or attempt to decipher any transmissions to or from the servers running the Website.

Any of the foregoing, or any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your access to and use of the Website, at EP's sole discretion. Such termination of access and use shall not limit EP's right to seek damages at law or in equity.

8. Internet Transmission

EP is committed to protecting the security of our users. Please keep in mind, however, that no data transmission over the internet or any wireless network can be guaranteed to be 100% secure and it is not confidential. Such data can be intercepted, lost or altered. As a result, we cannot guarantee the security of any information you transmit using the Website or the internet and you transmit such information at your own risk. Furthermore, EP does not assume any responsibility for use or disclosure of your information that is the result of unauthorized or illegal access to our systems or the Website or those of our service providers.

9. Hyperlinks and Third-Party Sites

The Website contains links to external third-party websites, entities, content, and products that are provided for your information and convenience only and do not constitute any endorsement or a recommendation by EP. If you access these links, you will leave the Website. If you decide to visit any linked site, you do so at your own risk. EP makes no representations or warranties whatsoever about any third-party websites which you may access from the Website. For clarity, EP is not responsible for the content of third-party sites hyperlinked from the Website, nor does it guarantee the products or services offered on third party sites. By using the Website, you expressly discharge EP from any and all liability arising from your use of any third-party site.

EP is not responsible for the availability of any other site to which the Website may provide a link. We do not endorse or take responsibility for the content, advertising, products, or other materials made available through any other site. Under no circumstances will EP be held responsible or liable, directly, or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connections with your use of, or reliance on, any content, goods or services available on any third-party site. Additionally, you should review the Privacy Policy of the Website and any other websites you access before you provide personal or confidential information.

10. Data Transfer Restrictions and Automated Systems

EP reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with any person who uses or accesses the Website, including you. Your use and access to the Website may be closed by EP should the total amount of data transfer exceed an amount deemed excessive, in EP's sole discretion. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Website in a manner that sends more request messages to the EP servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, EP grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. EP reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, including but not limited to the personal information of any person or persons using or accessing the Website.

11. Privacy Policy

The Privacy Policy for the Website, as well as any other product, service, client Portal, or application by EP, can be found here: Privacy Policy. The Privacy Policy forms a part of these Terms of Use and your use of or access to the Website is your express consent and approval to be bound by the Privacy Policy.

12. No Reliance on Information

Financial information or other material provided by EP on the Website is not intended to, nor implied to be, a substitute or validation of services or products purchased. The content on the Website is provided for general information only. Any information or Content, including photographs, videos or illustrations, is not intended to amount to advice on which you should rely. Additionally, any financial information on the Website is for general information purposes only and should not be relied on in making personal financial decisions.

13. Waiver

If EP fails to enforce any rights against you or if EP does not insist that you perform any of your obligations under the Terms of Use or any agreement with EP, or if there is a delay in doing so, that will not mean that EP has waived its rights against you and will not mean that you do not have to comply with those obligations. If EP does waive a breach or default by you in writing, that will not mean that EP will automatically waive any later breaches or defaults by you.

14. Governing Law

These Terms of Use have been made in and shall be construed and enforced under the laws of the Province of Alberta and the federal laws of Canada, as applicable, without regard to conflict of laws principles, and you irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of Alberta for any claim, proceeding or action under the Terms of Use against or by EP. Notwithstanding the foregoing, EP may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms of Use are specifically enforceable by EP through injunctive relief and other equitable remedies without proof of monetary damages.

15. Entire Agreement

The Terms of Use and the Privacy Policy shall constitute the complete and exclusive agreement between you and EP and govern your use of the Website, except to the extent there are additional terms and conditions applicable to a specific portion of the Website, such as client Portal or mobile applications, or specific terms and conditions set out in agreements or documents related to a specific product or service. If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms of Use and the other provisions shall remain in full force and effect.

If you wish to make further inquiries or obtain further information, please contact us by writing to:

1. Introduction

Everyday People Financial Corp. ("EP Corp."), operating for purposes of these terms of use as EP Financial, together with its subsidiaries, affiliates, and any of their respective employees, agents, officers, directors, or third-party service providers (collectively, "EP," "we," "us," or "our"), provides Prepaid Card services through its online and mobile application (the "Everyday Payments") and portal (the "Portal").

2. Scope

These terms and conditions (the "Terms") set forth the terms and conditions that apply to any user ("you", "your" or "user") that accesses the Everyday Payments and/or Portal. The Terms extend to any future updates or supplements to the Everyday Payments or Portal, unless such updates or supplements come with additional terms and conditions, in which case those terms apply in addition to these Terms. If there are inconsistencies between these Terms and the terms of an applicable update or supplement, then the latter shall prevail.

Any and all information received from you and your access or use of the Everyday Payments or Portal will be subject to EP's Privacy Policy, which shall form part of the Terms.

3. Definitions

Capitalized words not otherwise defined in these Terms have the following meanings:

4. Acceptance

By using or accessing the Everyday Payments or Portal, you acknowledge and confirm that you have read, understand, and agree to be bound by these terms and EP's Privacy Policy, as may be amended from time to time. You understand that these terms are an agreement between users of the Everyday Payments and/or Portal. No other person shall have any rights to enforce any of these terms. If you do not agree with the terms, you shall cease all access and use of the Everyday Payments and/or Portal.

EP has the right to revise these Terms at any time without prior notice by posting an updated version on: https://everydaypayments.ca/terms-of-use. Your continued use of the Everyday Payments and/or Portal shall be deemed irrevocable acceptance of those revisions. It is your responsibility to review the Terms prior to using the Everyday Payments and/or Portal. At any time, EP may (i) revoke your use or right to use of the Everyday Payments and/or Portal for any reason, (ii) modify or discontinue, temporarily or permanently, the Everyday Payments and/or Portal (or any part thereof) with or without notice.

5. Additional Products

The Everyday Payments may provide access to various products and services, some of which may be products and services of Merchants or Service Providers who have engaged EP to administer their program(s) for these products and services.

In the Everyday Payments and/or Portal, you may be able to apply for, access or view products or services offered by EP, or third-party Merchants or Service Providers. These terms apply only to the use of and access to the Everyday Payments and/or Portal and do not apply to any specific product or service, unless otherwise stated. Your agreement (with EP, a Merchant or a Service Provider, as the case may be) and any related Disclosures for any specific product or service, shall govern that product or service. For example, while the Everyday Payments may allow you to submit claims under an employee expense account offered by your employer, the terms of the expense account would be based on the agreement you have with your employer.

The Everyday Payments and Portal may provide you with access to Additional Products offered by EP, or by third-party Merchants and Service Providers. This access includes, but is not limited to, applying for, transacting for or receiving Disclosures related to Additional Products, or viewing the status of applications or balances related to Additional Products related to your account. Marketing communications regarding Additional Products will only be sent with your express opt-in consent and in compliance with Canada's Anti-Spam Legislation; you may withdraw your consent at any time.

Each Additional Product will have unique agreements, documentation and Disclosures ("Specific Documentation") which may be provided by EP, or by a third-party Merchant or a Service Provider, depending on the Additional Product. Where you have applied for an Additional Product, you agree to be bound by the terms and conditions of the Specific Documentation related to that Additional Product, whether such Specific Documentation is delivered to you through the Everyday Payments or Portal, or through another means of communication. Where there is any inconsistency between these Terms and the terms of the Specific Documentation, the latter shall govern with respect to the specific Additional Product it relates to except that:

1. any limitations or disclaimers of liability relating to the Everyday Payments and/or Portal shall be governed by these Terms; and
2. where the Specific Documentation is provided by a third-party Merchant or Service Provider that is not EP, in which case these Terms shall continue to govern your relationship with EP.

Where the Specific Documentation relates to a Merchant or Service Provider that is not EP, EP disclaims all warranties, either express or implied, concerning the accuracy, reliability, timeliness, or suitability for any purpose, of the information contained in or referenced to in such Specific Documentation and expressly disclaims liability for errors or omissions in such information and material contained in the Specific Documentation. Any person accessing or using such Specific Documentation accepts and assumes all risks relating to the accuracy or reliability, or arising from the use of, the information and materials related to such Specific Documentation. For clarity, any such Specific Documentation shall be considered third-party information to which EP provides access but for which EP makes no representations, warranties or endorsements. If you have any concerns or claims regarding the Specific Documentation related to a Merchant or Service Provider that is not EP, you must contact the respective Merchant or Service Provider.

6. Disclaimer and Limitation of Liability

The Everyday Payments, Cardholders' My Everyday Paymentss, and the Portal are provided on an "as is" and "as available" basis. You expressly understand and agree that the use of the Everyday Payments, My Everyday Payments or Portal is at your sole risk. To the extent permitted by law, EP disclaims all warranties, either express or implied, concerning the accuracy, reliability, timeliness, or suitability for any purpose, of the information contained in or referenced to the Everyday Payments or Portal and expressly disclaims liability for errors or omissions in this information and material. Any person accessing or using the Everyday Payments or Portal accepts and assumes all risks relating to the accuracy or reliability, or arising from the use of, the information and materials available on the Everyday Payments or Portal. The Everyday Payments or Portal is intended to provide information and access to product or services. The respective agreement for any such product or service will govern the transaction related to that product or service.

Although we make reasonable efforts to update the information on the Everyday Payments and Portal, we make no representations, warranties or guarantees, whether express or implied, concerning the accuracy, reliability, timeliness, or suitability for any purpose, of the information contained in or referenced to in the Everyday Payments or Portal. Further, by accessing and using the Everyday Payments or Portal, you agree that EP expressly disclaims liability for errors or omissions in this information and material. Any person accessing or using the Everyday Payments or Portal accepts and assumes all risks relating to the accuracy or reliability, or arising from the use of, the information and materials available on the Everyday Payments and Portal. In particular, EP expressly disclaims any liability for errors or omissions in information related to products or services by a Merchant or Service Provider when that information was provided by the Merchant or Service Provider, either separately or through Specific Documentation. Where a Merchant or Service Provider's information is inaccurate, unreliable or incorrect, you must seek relief from the Merchant or Service Provider, and you expressly release EP of any liability for same.

EP makes no warranty of any kind, implied, expressed, or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, trojan horse, bugs or malware is given in conjunction with the information and material on the Everyday Payments and/or Portal. It is your responsibility to ensure you are always using the most current version of the Everyday Payments and to verify any information accessible through the Everyday Payments and/or Portal, which includes Specific Documentation from a Merchant or Service Provider that is not provided by EP. It is your responsibility to implement any safeguards you consider prudent to protect your systems, mobile phone, tablet, computer and data from any computer virus, trojan horse, bugs, malware or other destructive code/program. EP also assumes no responsibility or liability for the deletion or failure to store, or access, or to store or access properly, your information. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained with respect to your use of the Everyday Payments and/or Portal, even if you have paid for virus protection services.

EP does not endorse, recommend, or favour the products or services of any practitioner, supplier or manufacturer that may be referred to in the Everyday Payments and/or Portal. EP disclaims all warranties, representations, and conditions regarding the use of the Everyday Payments and Portal or their respective contents, including all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice. You understand that you are using the Everyday Payments and/or Portal at your own discretion and sole risk and EP does not warrant that the provision of the Everyday Payments and Portal complies with the laws of any country except for Canada.

EP will not have any liability for any special, incidental, consequential, direct, or indirect losses or damages, or any other damage or loss claimed either in contract, negligence, extracontractual liability or tort including, without limitation, punitive damages arising out of the use of the Everyday Payments and/or Portal and the information contained therein or arising out of the inability to use the Everyday Payments or Portal. For further clarity, to the extent permitted by law, EP shall not be liable to you for any loss or damages, whether foreseeable or not, arising under or in connection with:

1. Use of, or inability to use, the Everyday Payments and/or Portal to access My Everyday Payments or any Additional Products, including any failure or delay in providing any product or service to you through the Everyday Payments and/or Portal, due to matters beyond reasonable control;
2. Rejection of your application for an Additional Product in the Everyday Payments and/or Portal;
3. Any breach of contract or misrepresentation by a Merchant or Service Provider who is not EP with respect to an Additional Product;
4. Any failure or fault in an Additional Product purchased from a Merchant or Service Provider who is not EP;
5. Any failure to deliver or delay in delivery of the product or service by EP, Merchant or Service Provider, as the case may be;
6. Any breach by EP, including failure to make payment to the Merchant or Service Provider; and
7. Any virus, denial-of-service attack, or any technologically harmful material that may infect your computer, mobile phone, tablet or other system due to your use of or access to the Everyday Payments or Portal, or due to you downloading any content from the Everyday Payments or Portal, or use or access to any third-party sites linked in the Everyday Payments or Portal.

7. Indemnification

You agree to indemnify, defend, and hold harmless EP, which, as noted above, includes all their affiliated companies, employees, members, directors, managers, officers or agents from and against any loss, liability, damage, penalty or expense (including all legal fees and costs on a client and solicitor basis) they may suffer or incur as a result of (i) any claim by you, (ii) any failure by you or any of your employees, agents or subcontractors to comply with the terms of these Terms or any misuse of the Everyday Payments, My Everyday Payments or Portal; (iii) any warranty or representation made by you being false or misleading; (iv) any representation or warranty made by you or any of your employees, agents or subcontractors to any third person other than as specifically authorized by these Terms, (v) negligence of you or any of your employees, agents or subcontractors, or (vi) any alleged or actual violations by you or any of your employees, agents or subcontractors of any payment card association rules, governmental laws, regulations or rules, or rights of any third party.

This indemnification shall survive these Terms and your use of the Everyday Payments, My Everyday Payments or Portal.

8. Electronic Signature Consent

You agree to receive all Disclosures, communications, notices, agreements and other information electronically that EP may send to you or be required to send to you under applicable law or otherwise (the "EP Electronic Signature Consent") pursuant to these Terms.

Scope of Consent

Your EP Electronic Signature Consent applies to any transactions undertaken by you with us, including use of the Everyday Payments, My Everyday Payments and/or Portal, or any communication from us to you, including but not limited to all Disclosures.

Such Disclosures may be given to you in the Everyday Payments or the Portal, in any billing statements, as an update to your account, or through adverse action notices. Your EP Electronic Signature Consent will remain in effect from the time you initially apply for any products or services through the Everyday Payments or the Portal until such time as your account is terminated and, once terminated, will continue until such a time as all Disclosures relevant to your account have been satisfied.

Means of Communication

EP may send any Disclosures or any other updates to you via email to the email address that you have provided or via SMS text message that you have provided. We may also post Disclosures to your account in the Portal. You agree to keep EP updated to any change in contact information, and to ensure that the contact information you provided is secure and under your control. You further agree that EP is not responsible for your failure to receive any Disclosures or information due to your failure to notify EP of a change to your contact information. Certain Disclosures may also be posted to EP's website(s) and you agree such posting shall be deemed delivered to you. Any Disclosure, updates or other information delivered to you by email or text message in accordance with this section shall be deemed delivered on the date of transmission. By using the Everyday Payments, My Everyday Payments and/or Portal, you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or to your mobile number, or posted on EP's website(s), the Everyday Payments or Portal. Any Disclosures, updates or information sent to you in accordance with these Terms shall be deemed delivered as of the date of transmission.

Legal Effect of Consent

By pressing buttons or ticking boxes titled "Apply", "Accept and Checkout", "Submit", "Confirm", "Verify", "I Agree" or similar buttons and boxes indicating your authorization, you are providing your electronic signature with the same effect as if your signature had been provided on paper. This applies to any documentation EP sends to you in accordance with the Terms. By using our products, services or Additional Products, you waive all defenses you may have regarding that product, service or Additional Product, together with any related agreements, Disclosures or information, and the Privacy Policy that were supplied to you in electronic form or that your signature or agreement to same was obtained electronically.

9. Everyday Payments and/or Portal Use and Access

EP hereby grants you permission to use and access the Everyday Payments and/or Portal in accordance the Terms, based on the following representations, warranties and covenants that you hereby provide:

1. You shall only use the Everyday Payments or Portal for your authorized personal or business use, as applicable;
2. You are the age of majority in your province or territory of residence;
3. You are a permanent resident in Canada for all purposes, including immigration and tax purposes;
4. In the event you apply for any Additional Products, you have and will maintain a credit profile acceptable to EP, as determined in its sole discretion;
5. You are eligible to use the products and services available through the Everyday Payments or Portal, and subject to applicable approvals, any Additional Products;
6. You shall comply with the Terms at all times;
7. You shall register for a user account using only Profile information that is current, accurate and true;
8. You shall provide EP with any changes to your Profile information; and
9. In the event of applying for Additional Products, you shall provide the Merchant and/or Service Provider with current and accurate information, including any changes to same.

With regards to the Everyday Payments and Portal, you agree that you will not:

1. Use the Everyday Payments and/or Portal or their respective content in a way that could damage them;
2. Interfere with the Everyday Payments and/or Portal security;
3. Disrupt or interfere with another person's use of the Everyday Payments and/or Portal;
4. Use or attempt to use another person's Access Information, account, password, or system without prior written authorization from EP;
5. Distribute, copy, or otherwise make available any content or other materials from the Everyday Payments and/or Portal for commercial exploitation without the express written permission of EP;
6. Violate, infringe or misappropriate any right, including but not limited to intellectual property rights, of EP or any third-party;
7. Use the Everyday Payments and/or Portal or the information on it to send any type of mass communication;
8. Use the contact information on the Everyday Payments and/or Portal to send communications of illegal, sexual, racist, discriminatory, or otherwise inappropriate nature to any person or entity, as EP determines in its sole discretion;
9. Use the Everyday Payments and/or Portal or any content thereon that may be considered defamatory or otherwise malicious or harmful to any person or entity, as EP determines in its sole discretion;
10. Use the Everyday Payments and/or Portal or any content thereon in any manner that is unlawful in the jurisdiction that you reside and/or operate in or in the governing law jurisdiction of these Terms;
11. Attempt to gain unauthorized access to the restricted areas of the Everyday Payments and/or Portal;
12. Manipulate identifiers to disguise the origin of any content transmitted on or through the Everyday Payments and/or Portal or the source of any content;
13. Mislead or deceive or impersonate any person, or misrepresent your identity or affiliation with any person, including EP or its service provider;
14. Interfere with or disrupt the Everyday Payments and/or Portal or servers or networks connected to the Everyday Payments and/or Portal, or disobey any requirements, procedures, policies, or regulations of our networks connected to the Everyday Payments and/or Portal;
15. Upload, download, transmit, or otherwise make available to EP or any other person through the Everyday Payments and/or Portal any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; and
16. Collect or harvest any information or data from the Everyday Payments and/or Portal, or attempt to decipher any transmissions to or from the servers running the Website.

Any of the foregoing, or any fraudulent, abusive, or otherwise illegal activity is grounds for termination of your access to and use of the Everyday Payments and/or Portal, at EP's sole discretion. Such termination of access and use shall not limit EP's right to seek damages at law or in equity.

10. Acknowledgements re Everyday Payments and Portal

By accessing and using the Everyday Payments, My Everyday Payments and/or Portal, you acknowledge and understand that:

1. EP provides online platform, such as My Everyday Payments and Portal, which currently allow or may allow in future, consumers, Merchants or Service Providers and EP to connect at point of purchase and afterwards for products, services and Additional Products offered by EP, Merchants or Service Providers;
2. In order to use the Everyday Payments or Portal, you must register as either an Associate or a Cardholder;
3. If you purchase an Additional Product through the Everyday Payments, you are purchasing the product from the Merchant or Service Provider, not EP;
4. EP is not providing, and does not provide, any advice or consultation on your purchase of an Additional Product from a Merchant or Service Provider and you should instead consult the respective Merchant or Service Provider for specific questions relating to your purchase;
5. For details of any terms or conditions related to an Additional Product, including your right of cancellation or refund, you must refer to the relative Merchant or Service Provider;
6. For terms and conditions of your purchase of Additional Products, you must refer to your agreement with the respective Merchant or Service Provider;
7. Any purchase of a product, service or Additional Product utilizing a Prepaid Card that is not an Eligible Transaction will be charged back to you;
8. You agree to keep EP informed of any changes in your email address or mobile number so that you can continue to receive all Disclosures in a timely fashion. If your registered email address, registered address, or mobile number changes, you agree to notify EP of the change immediately, as well as any respective Merchant or Service Provider regarding an Additional Product; and
9. If you have any questions or if you have any complaints, email us at: support@epfinancial.ca

11. Safeguarding of Funds and Trust Accounts

1. Associate contributions for Prepaid Cards are deposited into a segregated trust account maintained at a Schedule 1 Canadian bank other than the Issuer. Funds in this trust account are held in trust for EP Corp. and for the ultimate benefit of Cardholders' My Everyday Paymentss;
2. EP Corp. transfers such funds into a segregated trust account held with the Issuer, maintained in compliance with the Retail Payment Activities Act (Canada). Funds in this trust account are held exclusively in trust for the benefit of Cardholders' My Everyday Paymentss, segregated from the assets of EP Corp. or the Issuer;
3. For purposes of transaction settlement, funds may be temporarily moved from the trust account held with the Issuer to a designated settlement account for a period not exceeding two (2) business days, after which they are applied to My Everyday Paymentss. At all times prior to settlement, such funds remain trust property and not assets of EP Corp. or the Issuer.
4. These trust arrangements are maintained in accordance with the Retail Payment Activities Act (Canada) and applicable trust law requirements.

Acknowledgments re Safeguarding of Funds and Trust Accounts

You acknowledge and agree that:

1. The funds held in trust remain the property of Associates or Cardholders, as determined by the rules of the program providing Prepaid Cards, until utilized for Eligible Transactions;
2. Such funds are not corporate assets of EP Corp. or the Issuer, and are not subject to claims by their creditors;
3. In the event of insolvency, the funds will continue to be safeguarded in trust for the benefit of Cardholders' My Everyday Paymentss or Associates, as determined by the rules of the program providing Prepaid Cards.

12. Hardware and Software Capabilities Required

In order to use the Everyday Payments or Portal, you must have the required hardware and software capabilities:

1. A valid working email account that you keep secure;
2. A mobile device capable of receiving text messages and that you keep secure;
3. Access to a computer, operating system and telecommunication connection to the internet capable of receiving, accessing and displaying information electronically;
4. Updated internet browser such as the current and previous major releases of Chrome, Firefox, Internet Explorer or Safari;
5. Sufficient electronic storage capacity; and
6. Adobe Acrobat or equivalent software to access PDF.

13. Licensing

By installing the Everyday Payments and any updates related to the Everyday Payments, you agree to be bound by these Terms, including the specific terms related to this grant of license. If you do not agree to be bound by these terms, including the specific terms of this licensing section, then you must not install the Everyday Payments or, if already installed, immediately uninstall and delete all copies of the Everyday Payments from your mobile device, computer, tablet or any other devices or systems.

EP hereby grants a license of the Everyday Payments software, including any updates to same ("License"), to you for the sole purpose of using the Everyday Payments in accordance with the Terms. The License allows you to download the software of the Everyday Payments to your mobile device and/or tablet and allows you use and access to the Everyday Payments for its intended purposes. The License is non-exclusive and non-transferable and may only be used by you. You are not permitted to rent, lease, sublicense, distribute, make available or grant rights to any person with relation to the License. You are not permitted to make any copy of the Everyday Payments and you may not reproduce, or exploit, reproduce or distribute or otherwise commercialize the License for your benefit, interest or profit.

EP shall have the right to limit or cease your access to the Everyday Payments at its sole discretion, including if it determines, in its sole discretion, that you have contravened any portion of the Terms, including the specific terms set out in this section.

14. Application for Products and Services

To apply for any product, service or Additional Product through the Everyday Payments or Portal, you must:

1. Make your application, either alone or with the assistance of EP, Merchant or Service Provider staff, using a platform acceptable to EP;
2. Provide personal information, as applicable, for use in conducting credit checks, verifying payment arrangements, verifying identity, and performing a risk assessment (such information may include, but is not limited to, your name, date of birth, social insurance number, address, email address, telephone number, bank details, credit card details and employment information);
3. Provide personal information for use in conducting identity checks, including your driver's licence and/or other details;
4. Provide all other information, answer all questions, click all buttons, and tick all boxes prompted on the platform after you have carefully read and understood the respective information;
5. Agree to only use the relative product, service or Additional Product for your authorized personal or business use, as applicable; and
6. Provide accurate and up-to-date information at all times when using the Everyday Payments and/or Portal.

15. Authorization

By applying for any product, service or Additional Product through the Everyday Payments or Portal, you authorize EP and its service providers, or the Merchant or Service Provider as the case may be, to use the information you have provided, as applicable, to:

1. Exchange information with credit reporting agencies;
2. Conduct, or arrange for a credit agency to conduct, "soft" or "hard" credit checks/updates from time to time after you submit an application;
3. Assess your application for the product, service or Additional Product based on the results of the credit, identity, risk, integrity and payment assessments;
4. Conduct or arrange for third parties to perform risk assessments and identity and payment verification checks, including verifying your identify with records maintained by telecommunications service providers;
5. Issue a decision to grant or deny your application for the product or service; and
6. Provide the Merchant or Service Provider with your name, contact information and the results of the decision.

In doing so, EP agrees to:

1. Treat your information as confidential and not disclose such information to any third parties, except to the Merchant or Service Provider as applicable, and shall protect your information in accordance with the Privacy Policy; and
2. Comply with the Terms and any terms and conditions relating to the transaction and the purchase of the product, service or Additional Product with the Merchant or Service Provider.

16. Refunds and Cancellations

If you wish to request a refund or cancellation of any product, service or Additional Product from a third-party Merchant or Service Provider, you must contact the relative Merchant or Service Provider directly to make this request. Should you request a refund or if your order is cancelled, you are subject to the return and refund policies of the relative Merchant or Service Provider. EP may rely solely on the Merchant or Service Provider for the refund or cancellation and will process a refund to you if directed to do so by the Merchant or Service Provider. In issuing the refund or cancellation, EP may refund you accordingly. Any disputes as to the refund are to be resolved between you and the Merchant or Service Provider unless the adjusted amount of refund is the result of an error on EP's part.

17. Termination

In the event the program providing Prepaid Cards has been terminated, or the Associate providing the program has ceased operations, the Associate providing the program may request to terminate and close Cardholders' My Everyday Paymentss at any time by contacting EP. EP will process the request within 30 business days.

EP may immediately terminate or suspend use of or access to all or any part of Prepaid Cards, Cardholders' My Everyday Paymentss, Prepaid Cards, the Everyday Payments and/or Portal, and/or any products, services or Additional Products if EP determines, at its sole discretion, or suspects that:

1. You have breached these Terms or the terms and conditions of any relative Specific Documentation;
2. You have made a misrepresentation or false or misleading statement in order to be approved for a product, service or Additional Product, or to register as either an Associate or Cardholder;
3. All agreements set out in Specific Documentation have been terminated by EP, or by the respective Merchant or Service Provider;
4. The termination of your account is necessary to protect the integrity or security of EP's systems;
5. the Associate fails to fund, or ceases funding, your My Everyday Payments, whether in whole or in part, for any reason;
6. the Associate is in default under its Payment Card Services and Program Management Agreement with EP; or
7. Your account has been inactive for two years or longer.

On termination of your account and any agreements you have with EP, all rights granted to you under the Terms shall cease and you must immediately cease all activities including your use of the Everyday Payments, Portal, products, services or Additional Products. Following such termination, all provisions of the Terms to the benefit of EP shall remain in force and effect, including any disclaimers, limitation of liability and indemnification. Termination of your account and any agreements with EP shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Terms, the terms of any Specific Documentation, or any agreement which existed at or before the date of termination. EP will retain your information in accordance with its Privacy Policy and applicable law.

18. Intellectual Property Rights

All intellectual property, including content published or available on the Everyday Payments or Portal (such as the text, scripts, graphics, designs, photos, sounds, music, videos, interactive features, trademarks, trade names, service marks, logos), the software related to the Everyday Payments and Portal, patents, rights to inventions, copyright and related rights, domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part ("Intellectual Property") are owned by EP or licensed by EP. You agree that the Intellectual Property may be provided to you in connection with your use of the Everyday Payments and/or Portal and you shall not reproduce, redistribute, modify, sell, license, or otherwise exploit the Intellectual Property for any other purposes whatsoever without the express written permission of EP or its licensor. EP reserves all rights not expressly granted in these Terms.

In particular, should you download or use any information found on the Everyday Payments, Portal or any platform or website of EP, you agree to not modify or use content including videos, photographs or illustrations out of context.

All communications or content including comments, ideas or feedback, submitted to EP via the Everyday Payments, Portal or in any manner of communication shall also be deemed to be the Intellectual Property of EP. By submitting this type of communication or content, you agree that such submission is non-confidential for all purposes. You agree that EP shall be free to use, reproduce, modify, publish, edit, distribute and display, for any purpose, any ideas, concepts, know-how or techniques contained in such communications or content without restriction or compensation to you. You further covenant that any communications or content submitted to EP shall not infringe or violate any rights of any person or entity and expressly disclaim all Intellectual Property in all forms.

19. Privacy Policy

The Privacy Policy can be found here: Privacy Policy. The Privacy Policy forms a part of these Terms and your use of or access to the Everyday Payments and/or Portal is your express consent and approval to be bound by the Privacy Policy.

20. No Reliance on Information

Financial information or other material provided by EP on the Everyday Payments or Portal is not intended to, nor implied to be, a substitute or validation of the products, services or Additional Products purchased. The content and information on the Everyday Payments and Portal are provided for general information only, and such content and information, including photographs, videos or illustrations, are not intended to be advice on which you should rely. Additionally, any financial information provided in the Everyday Payments or Portal is for general information purposes only and should not be relied on in making personal decisions related to your finances. It is not intended to, nor implied to be, a substitute or validation for informed, professional financial advice. For any Additional Product, you should refer to the Specific Documentation relative to the Additional Product, or contact the applicable Merchant or Service Provider directly.

21. Third Party Providers

With respect to Additional Products, we may rely on third-party providers to assist us in making a service available to you. By using the Everyday Payments or the Portal, we may link your bank account to a third-party provider and you expressly authorize us and our third-party providers to access your financial accounts on your behalf and to gather information about you. You give us and our third-party providers a limited power of attorney and appoint us to act on your behalf and access, transmit, and use your information as necessary to provide the Additional Product in the Everyday Payments or Portal. You agree to the transfer, storage, and processing of your information by these third-party providers in accordance with their respective privacy policies. EP shall have no liability to you for any damages or losses you may suffer because of any such third party provider's actions or inactions or from inaccurate account information regarding your purchase of Additional Products.

22. Third Party Sites

The Everyday Payments or Portal may contain links to external third-party websites, entities, content and Additional Products that are provided for your information and convenience only and do not constitute any endorsement or a recommendation by EP. If you decide to visit any linked site, you do so at your own risk. EP makes no representations or warranties whatsoever about any third-party websites which you may access from the Everyday Payments or Portal. For clarity, EP is not responsible for the content of third-party sites hyperlinked from the Everyday Payments or Portal, nor does it guarantee the Additional Products offered through the Everyday Payments or Portal or by links to third-party sites. By using the Everyday Payments or Portal, you expressly discharge EP from any and all liability arising from your use of any third-party site.

EP is not responsible for the availability of any other site to which the Everyday Payments or Portal may provide a link. We do not endorse or take responsibility for the content, advertising, Additional Products, or other materials made available through any other site. Under no circumstances will EP be held responsible or liable, directly, or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connections with your use of, or reliance on, any content or Additional Products available on any third-party site. Additionally, you should review the Privacy Policy of any websites you access before you provide personal or confidential information. You will need to make your own independent judgment regarding your interaction with any third-party sites, including the purchase and use of any Additional Products accessible through them.

23. Internet Transmission

EP is committed to protecting the security of our users. Please keep in mind, however, that no data transmission over the internet or any wireless network can be guaranteed to be 100% secure and it is not confidential. Such data can be intercepted, lost or altered. Since the Everyday Payments and Portal both rely on internet transmissions, you expressly accept all risks related to such communications and data transmissions through the Everyday Payments and the Portal. Furthermore, EP does not assume any responsibility for use or disclosure of your information that are the result of unauthorized or illegal access to our systems, the Everyday Payments or Portal, or those of our service providers.

24. Data Transfer Restrictions and Automated Systems

EP reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with any person who uses or accesses the Everyday Payments and/or Portal, including you. Your use and access to the Everyday Payments and/or Portal may be closed by EP should the total amount of data transfer exceed an amount deemed excessive, in EP's sole discretion. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Everyday Payments and/or Portal in a manner that sends more request messages to the EP servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, EP grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. EP reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Everyday Payments, another Cardholder's My Everyday Payments, and/or the Portal, including but not limited to the personal information of any person or persons using or accessing the Everyday Payments, their respective My Everyday Payments and/or the Portal.

25. Waiver

If EP fails to enforce any rights against you or if EP does not insist that you perform any of your obligations under the Terms, the terms of any Specific Documentation, or any agreement with EP, or if there is a delay in doing so, that will not mean that EP has waived its rights against you and will not mean that you do not have to comply with those obligations. If EP does waive a breach or default by you in writing, that will not mean that EP will automatically waive any later breaches or defaults by you.

26. Assignment and Other Dealings

You may not assign, transfer or deal in any other manner with any or all of your rights under these Terms without the prior written consent of EP. EP may at any time assign, transfer or deal in any other manner with any or all of its rights under these Terms.

27. Entire Agreement

The Terms, together with any Specific Documentation, constitute the entire agreement between you and EP with respect to the Everyday Payments and/or Portal. These shall supersede all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter. However, nothing in the Terms affects the liabilities, rights and obligations between you and a Merchant or Service Provider under the applicable terms and Specific Documentation between you and such Merchant or Service Provider. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms and the other provisions shall remain in full force and effect.

28. Governing Law and Jurisdiction

The provincial laws of the Province of Alberta and the federal laws of Canada that apply in Alberta shall govern the interpretation, validity, and effect of these Terms, notwithstanding any conflict of laws principles. You also irrevocably consent to submit to the exclusive jurisdiction of the courts of the Province of Alberta for any claim, proceeding or action under the Terms or by EP. Notwithstanding the foregoing, EP may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction and you agree that these Terms are specifically enforceable by EP through injunctive relief and other equitable remedies without proof of monetary damages.

If you wish to make further inquiries, access the information that we have about you, or obtain further information about our privacy policies, please contact: