Common use of Assignment and Waiver Clause in Contracts

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. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. Disclaimer of warranties: Except as expressly otherwise provided in this Agreement, we make no representations or warranties of any kind to yo u, whether express or implied, regarding any subject matter of this Agreement, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. Limitation of liability: Except as expressly required by this Agreement or Applicable Law, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, riots, failure of merchants to honour the card, failure of merchants to perform or provide services, failure of communication systems, or failures of or difficulties with our equipment or systems. Also without limiting the foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any internet service, any payment system or any customer service function. In the event that we are held liable to you, you will only be entitled to recover your actual and direct damages. In no event will you be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. 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 responsi ble for any interruption of service. Website and availability: You agree that we will not be responsible for temporary interruptions in Website service due to maintenance, 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 and armed conflicts. 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. 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. We advise the regular use of a reputable and readily available virus screening and prevention software. Governing law: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable herein. 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 provinc e of Québec and Canada.

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 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, against or reimbursement from, 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. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. Disclaimer of warrantiesDISCLAIMER OF WARRANTIES: Except as expressly otherwise provided in this AgreementEXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, we make no representations or warranties of any kind to yo uWE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, whether express or impliedWHETHER EXPRESS OR IMPLIED, regarding any subject matter of this AgreementREGARDING ANY SUBJECT MATTER OF THIS AGREEMENT, includingINCLUDING, without limitationWITHOUT LIMITATION, any implied warranties of merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of tradeANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Limitation of liabilityLIMITATION OF LIABILITY: Except as expressly required by this Agreement or Applicable LawNEITHER PEOPLES TRUST NOR ITS PROGRAM MANAGER NOR THE PROGRAM SPONSOR WILL BE LIABLE IN ANY WAY FOR ANY DISPUTE ARISING OUT OF THE PURCHASE OF MERCHANDISE OR SERVICES USING THE CARD OR THE FAILURE OF ANY RETAILER TO HONOUR THE CARD OR THE FAILURE OF AN ATM MACHINE TO DISPENSE CASH. PEOPLES TRUST, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faithTHE PROGRAM MANAGER AND THE PROGRAM SPONSORS ARE NOT RESPONSIBLE FOR ANY FAILURE TO SUPPLY, LACK OF SUITABILITY OR QUALITY OF ANY GOODS OR SERVICES PURCHASED FROM RETAILERS THROUGH THE USE OF THE CARD. Without limiting the foregoingNEITHER PEOPLES TRUST NOR ITS PROGRAM MANAGERS NOR THE PROGRAM SPONSOR WILL BE LIABLE FOR ANY ACTION OR FAILURE TO ACT OF A RETAILER OR A REFUSAL BY A RETAILER TO HONOUR THE CARD, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our controlWHETHER OR NOT SUCH FAILURE OR REFUSAL IS AS A RESULT OF ANY ERROR OR MALFUNCTION OF EQUIPMENT USED TO EFFECT AN AUTHORIZATION OF THE CARD. PEOPLES TRUST AND ITS PROGRAM MANAGER WILL NOT BE LIABLE FOR ANY DAMAGE, includingLOSS OR INCONVENIENCE YOU MAY INCUR IF YOU ARE UNABLE TO USE THE CARD AS A RESULT OF ANY FAILURE, without limitationERROR, acts of governmental authoritiesMALFUNCTION OR TECHNICAL PROBLEM WITH OR AT OUR PROGRAM SPONSORS’ OR WITH OUR OR OUR SERVICE PROVIDERS’ SYSTEMS OR EQUIPMENT, national emergenciesOR WITH AN ATM. EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, insurrectionWE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE FOREGOING, warWE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, riotsINCLUDING, failure of merchants to honour the cardWITHOUT LIMITATION, failure of merchants to perform or provide servicesACTS OF GOVERNMENTALAUTHORITIES, failure of communication systemsNATIONAL EMERGENCIES, or failures of or difficulties with our equipment or systemsINSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO HONOR THE CARD, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. Also without limiting the foregoingNOT IN LIMITATION OF THE FOREGOING, we will not be liable to you for any delayWE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, failure or malfunction attributable to your equipmentFAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, any internet serviceANY INTERNET SERVICE, any payment system or any customer service functionANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. In the event that we are held liable to youIN THE EVENT THAT WE ARE HELD LIABLE TO YOU, you will only be entitled to recover your actual and direct damagesYOU WILL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES. In no event will you be entitled to recover any indirectIN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, consequentialCONSEQUENTIAL, exemplary or special damages EXEMPLARY OR SPECIAL DAMAGES (whether in contractWHETHER IN CONTRACT, tort or otherwiseTORT OR OTHERWISE), even if you have advised us of the possibility of such damagesEVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. 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 responsi ble for any interruption of service. Website and availability: You agree that we will not be responsible for temporary interruptions in Website service due to maintenance, 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 and armed conflicts. 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. 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. We advise the regular use of a reputable and readily available virus screening and prevention software. Governing lawGOVERNING LAW: The parties agree that any claim or action brought pursuant attorn to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will shall be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable herein. 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 provinc e of Québec and Canada.

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, against or reimbursement from, 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. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. Disclaimer of warranties: Except as expressly otherwise provided in this Agreement, we make no representations or warranties of any kind to yo uyou, whether express or implied, regarding any subject matter of this Agreement, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. Limitation of liability: Except as expressly required by this Agreement or Applicable Law, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, riots, failure of merchants to honour the card, failure of merchants to perform or provide services, failure failu re of communication systems, or failures of or difficulties with our equipment or systems. Also without limiting the foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any internet interne t service, any payment system or any customer service function. In the event that we are held liable to you, you will only be entitled to recover your actual and direct damages. In no event will you be entitled to recover any indirectindirect , consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. 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 responsi ble responsible for any interruption of service. Website and availability: You agree that we will not be responsible for temporary interruptions in Website service due to maintenance, 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 and armed conflicts. 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. 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. We advise the regular use of a reputable and readily available virus screening and prevention software. Governing law: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable herein. FOR RESIDENTS OF QUÉBEC ONLYEntire Agreement: The parties attorn This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the jurisdiction of Québec 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 will be construed in accordance with are for reference only, and governed by shall not govern the laws interpretation of the provinc e any provision of Québec and Canadathis Agreement.

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 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 made, or if we otherwise provide you with a credit or payment “You”, “your”, and “yours” each mean the Cardholder and any other person you allow to use the Card, whether or not permitted by the with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us Agreement. 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 The Card: The Card is a prepaid, stored-value Visa card that can be used anywhere that Visa is accepted, including mail order, online and we have paid to you or credited to your Card. You agree that you will not pursue any claim against, against or reimbursement from, from such third 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 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 applicable taxes, so long as the Balance remaining on the Card is sufficient. The Card is, and will remain, the property of Peoples Trust. The amount paid or credited. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. 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 Disclaimer of warrantiesWarranties: Except EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTA- other earnings or returns will be paid on the Card. Neither the Card nor the Balance is a deposit account. You have no right to write cheques TIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SUBJECT MATTER OF 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 THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR Agreement as expressly otherwise provided in this Agreementpayment for goods and services from merchants who accept Visa. A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR Acceptance: This Agreement constitutes a binding agreement between Peoples Trust and you with respect to the terms of use of the Card USAGE OF TRADE. that you receive from an authorized Distributor of Peoples Trust. By accepting the Card from the Distributor, we make no representations or warranties of any kind you agree to yo u, whether express or implied, regarding any subject matter of this Agreement, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or those arising be bound by statute or otherwise in law or from a course of dealing or usage of trade. and Limitation of liabilityLiability: Except as expressly required by this Agreement or Applicable LawEXCEPT AS EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, we will WE WILL NOT BE accept the terms and conditions set out herein. LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE Use and Ownership of the Card: You are solely and completely responsible for the possession, use and control of the Card. You must ACTED IN BAD FAITH. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES surrender the Card to us immediately upon request. The Card may not be liable used for any illegal transactions or purposes. If you authorize RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERN- another person to use the Card you for performing or failing agree, to perform any obligation under this Agreement unless we have acted in bad faith. Without limiting the foregoingextent permitted by law, we that you will not be liable to for all transactions arising from use of the MENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO HONOUR Card by such person. To use the Card, simply present the Card at the time of payment, and sign the receipt with the same signature you for delays or mistakes resulting from any circumstances beyond our controlTHE CARD, includingFAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, without limitationFAILURE OF COMMUNICATION SYSTEMS, acts OR used when you signed the Card. You should retain the receipt as a record of governmental authoritiesthe transaction. As you use the Card, national emergenciesthe Card’s Balance will FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. NOT IN LIMITATION OF THE FOREGOING, insurrectionWE WILL be reduced by the full amount of each purchase including taxes, warcharges and other fees, riotsif any. We recommend that you write down the NOT BE LIABLE TO YOU FOR ANY DELAY, failure of merchants to honour FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET Card number and the card, failure of merchants to perform or provide services, failure of communication systems, or failures of or difficulties with our equipment or systems. Also without limiting the foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any internet service, any payment system or any customer service functionnumber in case the Card is lost or stolen. In the event that we are held liable to youSERVICE, you will only be entitled to recover your actual and direct damagesANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. In no event will you be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. 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. IN THE EVENT THAT WE ARE HELD LIABLE TO You agree that we are not responsi ble required to verify the signature on any sales draft prepared in connection with a transaction on your Card and YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES. IN NO EVENT SHALL YOU BE 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 ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, 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 TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT any interruption particular transaction, regardless of serviceour reason. We may, in our sole discretion, cancel or suspend this Agreement or any features or THE JURISDICTION TO WHICH YOU ARE SUBJECT DOES NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES, SUCH EX- services of the Card at any time, with or without cause, with thirty (30) days notice to you, according to Applicable Law. CLUSIONS WHICH ARE NOT PERMITTED DO NOT APPLY. If you wish to make Internet, mail, or phone order purchases, you will need to go to the Website and availabilityregister your postal code prior to Website and Availability: Although considerable effort is expended to make the Website and other operational and communications performing an Internet, mail, or phone order transaction. If you use your Card for card-not-present transactions (such as for Internet, mail or 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 phone purchases), the legal effect is the same as if you used the physical Card. be responsible for temporary interruptions in Website service due to maintenance, maintenance or Website changes, changes or failures, nor shall we be liable for extended Some merchants (including, but not limited to, restaurants, hotels, or car rental companies) may pre-authorize the transaction amount for interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer the purchase amount plus up to 20% (or more) above the purchase amount to ensure there are sufficient funds available on your Card viruses, forces of nature, labour disputes and or armed conflicts. We shall not bear any liability, whatsoever, for any damage or interruptions to cover any tips or incidental expenses. In such cases, your transaction will be declined if the Card balance will not cover the transaction caused by any “computer viruses” that may affect your computer or other equipment. amount plus the pre-authorization percentage. You agree to act responsibly with regard to the Website and its use. You will not violate any laws, interfere or disrupt computer networks, 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 impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or your purchase. Once the final payment amount is received, the pre-authorization amount on hold in excess of that final payment amount interfere with the Website's ’s systems and integrity. We shall will be released. It may take up to seven (7) days for the pre-authorization hold to be removed. During the hold period, you will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software. have Governing lawLaw: The parties agree that any claim or action brought pursuant attorn to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will shall be construed in accordance with and access to the pre-authorized amount. governed by the laws of the Province of British Columbia and the laws of Canada applicable herein. 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 provinc e of Québec and Canada.

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 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 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 CardAccount, 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 CardAccount. You agree that you will not pursue any claim against, against or reimbursement from, from such third party for the amount that we paid or credited to your CardAccount, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. Disclaimer of warrantiesWarranties: Except as expressly otherwise provided in this Agreement, we make no representations or warranties of any kind to yo uyou, whether express or implied, regarding any subject matter of this Agreement, including, without limitation, any implied warranties of merchantability or of fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of or trade. Limitation of liabilityLiability: Except as expressly required by this Agreement or Applicable Law, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, riots, failure of merchants to honour the cardAccount, failure of merchants to perform or provide services, failure of communication communications systems, or failures of or difficulties with our equipment or systems. Also without limiting Not in limitation of the foregoing, we will not be liable to you for any delay, failure failure, or malfunction attributable to your equipment, any internet Internet service, any payment system or any customer service function. In the event that we are held liable to you, you will only be entitled to recover your actual and direct damages. In no event will shall you be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort tort, or otherwise), even if you have advised us of the possibility of such damages. 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 responsi ble for any interruption of service. Website and availabilityAvailability: 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 Website service due to maintenance, maintenance or Website changes, 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 and 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. 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. We advise the regular use of a reputable and readily available virus screening and prevention software. Governing law: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable herein. 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 provinc e of Québec and Canada.

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. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. Disclaimer of warranties: Except as expressly otherwise provided in this Agreement, we make no representations or warranties of any kind to yo uyou, whether express or implied, regarding any subject matter of this Agreement, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. Limitation of liability: Except as expressly required by this Agreement or Applicable Law, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, riots, failure of merchants to honour the card, failure of merchants to perform or provide services, failure of communication systems, or failures of or difficulties with our equipment or systems. Also without limiting the foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any internet service, any payment system or any customer service function. In the event that we are held liable to you, you will only be entitled to recover your actual and direct damages. In no event will you be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. 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 responsi ble responsible for any interruption of service. Website and availability: You agree that we will not be responsible for temporary interruptions in Website service due to maintenance, 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 and armed conflicts. 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. 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. We advise the regular use of a reputable and readily available virus screening and prevention software. Governing law: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable herein. 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 provinc e province of Québec and Canada.

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, against or reimbursement from, 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. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. Disclaimer of warranties: Except as expressly otherwise provided in this Agreement, we make no representations or warranties of any kind to yo uyou, whether express or implied, regarding any subject matter of this Agreement, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. Limitation of liability: Except as expressly required by this Agreement or Applicable Law, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, riots, failure of merchants to honour the card, failure of merchants to perform or provide services, failure of communication systems, or failures of or difficulties with our equipment or systems. Also without limiting the foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any internet service, any payment system or any customer service function. In the event that we are held liable to you, you will only be entitled to recover your actual and direct damages. In no event will you be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. 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 responsi ble responsible for any interruption of service. Website and availabilityAvailability: You agree that we will not be responsible for temporary interruptions in Website service due to maintenance, 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 and armed conflicts. 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. 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. We advise the regular use of a reputable and readily available virus screening and prevention software. Governing law: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable herein. 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 provinc e of Québec and Canada.

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, against or reimbursement from, 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. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. Disclaimer of warranties: Except as expressly otherwise provided in this Agreement, we make no representations or warranties of any kind to yo uyou, whether express or implied, regarding any subject matter of this Agreement, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade. Limitation of liability: Except as expressly required by this Agreement or Applicable Law, we will not be liable to you for performing or failing to perform any obligation under this Agreement unless we have acted in bad faith. Without limiting the foregoing, we will not be liable to you for delays or mistakes resulting from any circumstances beyond our control, including, without limitation, acts of governmental authorities, national emergencies, insurrection, war, riots, failure of merchants to honour the card, failure of merchants to perform or provide services, failure of communication systems, or failures of or difficulties with our equipment or systems. Also without limiting the foregoing, we will not be liable to you for any delay, failure or malfunction attributable to your equipment, any internet service, any payment system or any customer service function. In the event that we are held liable to you, you will only be entitled to recover your actual and direct damages. In no event will you be entitled to recover any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. 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 responsi ble responsible for any interruption of service. Website and availability: You agree that we will not be responsible for temporary interruptions in Website service due to maintenance, 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 and armed conflicts. 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. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your you r computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software. Governing law: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable herein. FOR RESIDENTS OF QUÉBEC ONLYEntire Agreement: The parties attorn This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to the jurisdiction of Québec 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 will be construed in accordance with are for reference only, and governed by shall not govern the laws interpretation of the provinc e any provision of Québec and Canadathis Agreement.