Last updated: 14 December 2023

Airwallex Borderless Card Cardholder Terms 

In these Airwallex Borderless Card cardholder terms (“Cardholder Terms”), the words “you”, “your”, “Cardholder” and “yours” refer to the person or entity that has agreed to these Cardholder Terms and whose name is on the Account or to whom a Card on the Account has been issued other than an Authorized Cardholder. “Our”, “us” and “we” or “Peoples” mean Peoples Trust Company.

The Airwallex Borderless Card is issued by Peoples Trust Company under license by Visa International Incorporated and is managed by Airwallex Payments Canada Ltd. ("Airwallex") on our behalf, either directly or indirectly through the platform that Airwallex has authorized to offer you access to card services (the “Platform Provider”; Airwallex acting in such management capacity, “Program Manager”).

These Cardholder Terms set out the terms and conditions under which you may use your Airwallex Borderless Card (“Airwallex Borderless Card”) and it applies if we send you any renewal or replacement Airwallex Borderless Card. By signing these Cardholder Terms or by using the Airwallex Borderless Card, you agree to the terms and conditions of these Cardholder Terms. Your obligations under these Cardholder Terms are supplemental to the terms and conditions at, or referenced at, http://www.airwallex.com/ca/terms, and any other terms and conditions between you and Airwallex, its affiliates, and/or their respective partners, including without limitation pricing terms set forth therein (collectively, the “Airwallex Terms”) governing the opening and managing of your global account with Airwallex (the “Account”). Airwallex is the Program Manager for this Airwallex Borderless Card      program and will perform certain services on behalf of Peoples. These Cardholder Terms together with the Airwallex Terms govern the use of the Airwallex Borderless Cards by Cardholder and Cardholder’s Authorized Cardholders. For the avoidance of doubt, Peoples is not a party to the Airwallex Terms, and any issues that may arise in connection therewith are between you and Airwallex. 

An “Authorized Cardholder” is a person or entity to whom we have issued an Airwallex Borderless Card on your Account at your request. The terms under which we will issue an Airwallex Borderless Card to an Authorized Cardholder are set in the “Authorized Cardholders” section of these Cardholder Terms. While your Authorized Cardholders will have the same ability to charge transactions to your Account as you do, they are not authorized to give instructions in respect of the Account and you will be responsible for all amounts owing on the Account, including those incurred by Authorized Cardholders. You are also responsible for ensuring that all of your Authorized Cardholders comply with the applicable terms and conditions of these Cardholder Terms.

“Applicable Laws” means, in any jurisdiction in which the Cards are to be used,  (a) any domestic or foreign statute, law (including common and civil law), treaty, code, ordinance, rule, regulation, restriction of by-law (zoning or otherwise); (b) any judgment, order, writ, injunction, decision, ruling, decree or award; (c) any regulatory policy, practice, request, guideline or directive; or (d) any franchise, licence, qualification, authorization, consent, exemption, waiver, right, permit or other approval of any governmental authority, binding on or affecting the person referred to in the context in which the term is used or binding on or affecting the property of that person, in each case whether or not having the force of law.

“Authorized User” means a person or entity granted authority (whether actual, implied, apparent or otherwise) by Customer to use a Card, access an Airwallex Wallet or engage in Airwallex Wallet activity (including without limitation cancelling existing Cards and requesting Cards for Authorized Cardholders), for which Cardholder (and not such Authorized User) is liable to Peoples.

“Card” or “Airwallex Borderless Card” means a card, or other device or number, that is issued by Peoples as a product of Peoples in connection with any Card Program implemented pursuant to this Agreement and under authority from a Payment Network (including a Virtual Card or Physical Card).

Agreeing to these Cardholder Terms is your promise to pay amounts owing on your Account. You should read it carefully as it explains your rights and obligations. The signing, activation or use of a Airwallex Borderless Card or your Account number by you or an Authorized Cardholder means that you have received and read these Cardholder Terms and agree to and accept all of its terms.

Fees

There are no fees imposed by us applicable to the use of your Account but there may be fees imposed under separate agreements between you and Program Manager or the Platform Provider, as applicable, in each case in respect of the provision to you of card services.

Fees may be added or changed from time to time. If they do, we will tell you in advance at least 30 days before the effective date of the new or increased fee by email to the email address you have provided. If we use a collection agency or a law firm to collect or attempt to collect amounts owed by you to us, you must pay all of our expenses, including legal fees.

Using Your Airwallex Borderless Card

You can use your Airwallex Borderless Card and your Account number for any permitted purpose including:

• paying for goods or services (whether in person, by phone, on the Internet or other electronic method) where a Visa card is accepted; or

  • such other purposes we may authorize from time to time.

Cards are linked to Cardholder’s Account and can access the Account’s balance. Cardholder acknowledges that each Account is provided, serviced, maintained and hosted by Airwallex via the Airwallex Platform and not by Peoples or on Peoples’ servers. Peoples will not set up a separate account in connection with Cards. Cardholder should ensure that there is a sufficient balance in the Account      to cover the full amount of each Card transaction. Cards should not be considered or relied upon as charge cards or revolving credit cards; Cardholder acknowledges that the amount of each transaction is immediately deducted from the corresponding Account     ’s balance, and cannot be paid over time. Cards are not for resale. Notwithstanding anything herein to the contrary, Cards remain the property of Peoples and must be surrendered to Peoples upon demand. Cards are non-transferable and may be canceled or revoked at any time without prior notice (subject to Applicable Laws).

An Airwallex Borderless Card issued on your Account may only be used by you or the Authorized Cardholder. You may not use your Airwallex Borderless Card for any illegal, improper or unlawful purpose. We and the Program Manager reserve the right to prevent your Airwallex Borderless Card or your Account from being used for certain types of transactions as determined by us or Program Manager, including transactions connected to Internet gambling and the Airwallex Terms. When you or your Authorized Cardholder(s) use an Airwallex Borderless Card or your Account number for a transaction, we are deducting the amount of such purchase from your Account, as the case may be. You are liable for and must pay all amounts owing on your Account. The total you owe includes all purchases and fees (our fees or Program Manager fees) and such amounts will be displayed on your statement.

You agree that all transactions, including all purchases made using the Airwallex Borderless Card, will be for your business purposes only and that you are not a sole proprietor in the province of Quebec or engaged in the business of farming, fishing or feed ranch lot operation. Any violation of this provision does not relieve you of your obligations to repay us for all such amounts along with any fees or other amounts you may owe under these Cardholder Terms.

When you use your Account number without showing your Airwallex Borderless Card, you will have the same responsibilities as if you had shown your Airwallex Borderless Card and signed a receipt or entered your PIN. You will be required to take additional steps (including a separate password and enrolling in customer security programs such as Verified by Visa) in order to purchase goods and services on the Internet from certain merchants. It is your responsibility to participate in programs established and supported by Visa, Program Manager or us as required if you want to take advantage of such Internet purchases.

Authorized Cardholders

An Authorized Cardholder is a person to whom we will issue an Airwallex Borderless Card on your Account at your or Authorized User’s request. You can add or remove Authorized Cardholders by contacting us, the Program Manager or the Platform Provider, if applicable, though we or Program Manager may limit the number of Authorized Cardholders on your Account.

Authorized Cardholders have the same ability to charge transactions to your Account through a Card as you do, however, Authorized Cardholders are not responsible to us for any amounts owing for purchases or fees on the Account, and Authorized Cardholders are not authorized to give instructions on the Account. If an Authorized Cardholder is responsible to you for any of these amounts, you will need to make your own arrangements with the Authorized Cardholder for repayment.

You are responsible for ensuring that each Authorized Cardholder receives a copy of these Cardholder Terms and Airwallex Terms and any replacements or amendments to them, as well as any notices that affect the use of an Airwallex Borderless Card or your Account. We, Program Manager or the Platform Provider, as applicable, may provide Authorized Cardholders with access to information about their transactions on your Account.

You or Program Manager may assign individual card transaction limits to each Authorized Cardholder. The card transaction limit is the maximum amount that can be charged to an Authorized Cardholder each day or month.

By signing, using or activating an Airwallex Borderless Card in their name, an Authorized Cardholder agrees to be bound by all of the terms and conditions of these Cardholder Terms except that an Authorized Cardholder will not be responsible to us for the payment of any amounts owing in respect of purchases, or fees on the Account. Without limiting the general obligation of an Authorized Cardholder to comply with these Cardholder Terms, an Authorized Cardholder agrees, that:

• The Authorized Cardholder will not use the Airwallex Borderless Card issued to the Authorized Cardholder if it has expired;

• All security requirements including those designed to protect PINs or other security codes will be complied with;

• The Airwallex Borderless Card issued to the Authorized Cardholder will not be used for any illegal, improper or unlawful purpose or anything violating the Airwallex Terms;

• The Authorized Cardholder will report to the Program Manager or the Platform Provider, as applicable, if the Authorized Cardholder suspects that the Authorized Cardholder’s Airwallex Borderless Card has been lost or stolen, using the contact information provided below in the “How to Contact Us” section;

• The Authorized Cardholder agrees to permit the collection, use and disclosure of personal information as set out in the “Protecting Your Privacy” section of these Cardholder Terms.

Personal Identification Number, Security Features

Through Program Manager, we will provide you (the Authorized User) with a PIN for your Airwallex Borderless Card or advise you how to select a PIN. We will also tell you how to change your PIN. Protecting the security of your Airwallex Borderless Card is important. You agree to keep your PIN confidential and separate from your Airwallex Borderless Card at all times. You should select a PIN that cannot be easily guessed.

Only you are permitted to know or use your PIN or any other security codes such as passwords, access codes and account numbers that may be used or required for Internet or other transactions. You must keep such security codes confidential and separate as well.

Unauthorized Use of Airwallex Borderless Card

If someone other than the Authorized Cardholder uses your Airwallex Borderless Card and your PIN or your Account number with any other security code to make unauthorized purchases or otherwise obtain the benefits of your Airwallex Borderless Card, you will not be responsible for those charges provided that you (i) are able to establish to our or Program Manager’s (acting on our behalf) reasonable satisfaction that you have taken reasonable steps to protect your Airwallex Borderless Card against loss or theft and to safeguard your PIN and other security codes in the manner set out in these Cardholder Terms or as we or Program Manager may otherwise advise you from time to time, and (ii) cooperate fully with Program Manager’s investigation. You will, however, remain fully responsible for all such charges if you voluntarily disclose your PIN or other security code or otherwise contribute to the unauthorized use of your Airwallex Borderless Card or access to your Account, or fail to tell Program Manager or the Platform Provider, if applicable, in a reasonable time that your Airwallex Borderless Card has been lost or stolen or that someone else may know your PIN or other security code. You are not responsible for any unauthorized use of your Airwallex Borderless Card or your Account number in transactions in which neither a PIN nor a security code is used as the cardholder verification method. For the purposes of this protection, “unauthorized use” of a Airwallex Borderless Card or Account number means use by a person other than you or an Authorized Cardholder who does not have actual, implied or apparent authority for such use, and from which neither you nor an Authorized Cardholder receives any benefit.

No Cash Access

Cardholder acknowledges that Cards may not be used to obtain cash from ATMs, at the point of sale or otherwise.

Card Expiration

Your Airwallex Borderless Card expires at the end of the month displayed on the Airwallex Borderless Card or as otherwise indicated by us or Program Manager. You must not use the Airwallex Borderless Card or your Account number if your Airwallex Borderless Card has expired. If funds remain in the Account you may 1) choose to issue another Card to access or 2) use other methods (Interac e-Transfer / electronic funds transfer) to send funds out of the Account, either to a payor or to an external bank account.

Statement

We will provide you with your Account statement through Program Manager, either directly or indirectly through the Platform Provider, as applicable. However, we or Program Manager will not provide any Account statements if there has been no activity on your Account or where there are no amounts owing on your Account.

It is up to you to review your Account statement and to check all transactions and any fees, if applicable. If you think there is an error on your Account statement, you must contact Program Manager or the Platform Provider, if applicable.

If you do not contact Program Manager or the Platform Provider, if applicable, within 30 days of the last day of the relevant statement period for which you are provided an Account statement, the Account statement and our or Program Manager’s records will be considered correct and you may not later make a claim against Program Manager or us in respect of any charges on the Account.

We use digital scanning and microfilm for our record keeping. Original records of your purchases may not be available in paper form. However, digital or microfilmed records are valid to establish the accuracy of our records.

Foreign Currency Transactions

Cards may be used to make purchases in certain Supported Currencies and Payment Network Currencies.

“Payment Network” means Visa Int. Inc. (and/or its affiliates) and any other similar scheme.

“Payment Network Currency” means a currency supported by the Payment Network in which payments may be made using a Card that is not a Supported Currency.

​​“Primary Currency” means, with respect to a Card, the Supported Currency that Airwallex permits Cardholder to nominate from time to time or that Airwallex nominates for Cardholder.

“Supported Currency” means, with respect to a Card, a currency that is permitted by Airwallex to hold in the corresponding Account and supported by Airwallex and its financial institution partners to settle to the Payment Network. A current list of Supported Currencies is available at https://help.airwallex.com/hc/en-gb/articles/900001755826-What-currencies-are-supported-by-the-Airwallex-Borderless-Card-.

If a transaction is in a Supported Currency, the amount of such transaction shall be deducted from the balance of the corresponding Account in such currency. If there is insufficient balance in the relevant Supported Currency and automatic FX Exchange Rate (as defined in the Airwallex Platform Agreement) conversions are enabled for a Card, Airwallex will (a) automatically convert the transaction currency to the Primary Currency at the prevailing FX Exchange Rate, which may be different than the exchange rate for the original transaction, and (b) deduct the transaction amount from the Account balance of Cardholder’s Primary Currency. If a transaction is in a Payment Network Currency, the amount of such transaction will be converted from the balance of your Account maintained in the Primary Currency using the prevailing foreign exchange rates determined by the Payment Network for such transaction. Cardholder acknowledges and agrees that Peoples has no control over the rates selected by Airwallex or the Payment Network.

Cardholder acknowledges that (a) Airwallex and the Payment Network may perform multiple currency conversions in order to settle a particular transaction, (b) foreign exchange services are provided by Airwallex via the Airwallex Platform and not by Peoples, and (c) foreign exchange services are governed by the Airwallex Platform Agreement.

If a refund is received on a Card transaction in a Supported Currency, Airwallex will credit the corresponding Account in such currency. If a refund is received in anything other than a Supported Currency, Airwallex will (a) automatically convert the transaction currency to the Primary Currency at the then-prevailing FX Exchange Rate, or other foreign exchange rate determined by the relevant payment network, which may be different than the exchange rate for the original transaction, and (b) credit the transaction amount to the Account balance of Cardholder’s Primary Currency. Refunds of transactions made with a Card will only be made to the corresponding Account. Upon receipt by Peoples of a transaction refund, Peoples will timely provide the refunded amount to Airwallex for posting to the corresponding Account, and Airwallex shall post such refunding amount (or such other amount due to foreign currency fluctuations) to the Account. Cardholder acknowledges that Peoples is not responsible for merchant delays in refunding transactions.     

Recurring Payments

You are responsible for any recurring payments you have authorized merchants to charge to your Account, even after you or we cancel these Cardholder Terms. If you wish to discontinue any such payments, you must contact the merchant in writing and then check your Account statements to ensure that the payments have, in fact, been discontinued. If they have not stopped despite your instructions to a merchant, Program Manager or the Platform Provider, if applicable, may be able to assist you if you provide Program Manager or the Platform Provider, if applicable, with a copy of the written request to the merchant, using the contact information provided below in the “How to Contact Us” section.

Authorization and Suspension

Transactions on Cards may require authorization. Peoples may in its discretion deny authorization and/or suspend the use of one or more Cards, including, without limitation, (a) if the balance of the corresponding Account      is insufficient, (b) if a transaction exceeds the applicable limits from time to time, (c) if Peoples suspects that there is fraud or a security concern, (d) if Peoples suspects that such Cards are being used for illegal purposes; or (e) for any other reason, unless prohibited by applicable law. Before a transaction is authorized, Peoples may validate the Card user’s identity by following certain steps specified by Peoples. Cardholder acknowledges and agrees that Peoples is not liable to Cardholder, Authorized Cardholders, or any other third-party for any loss suffered as a result of an authorization not being granted. For any questions regarding authorization and suspension, please contact us using the contact information provided below in the “How to Contact Us” section.

Problems with a Purchase

If you have problems with anything you buy using your Airwallex Borderless Card or your Account number, you must pay the amount owing on your Account and settle the problem directly with the store or merchant. In some circumstances, Program Manager or the Platform Provider, if applicable, may be able to provide assistance in resolving disputed transactions. If you wish to discuss a dispute, you may contact Program Manager or the Platform Provider, if applicable, using the contact information provided below in the “How to Contact Us” section.

Lost or Stolen Cards

You must tell Program Manager or the Platform Provider, if applicable, immediately if your Card is lost or stolen, if you suspect that someone else is using your Airwallex Borderless Card or your Account number or if you suspect that your Airwallex Borderless Card is missing, using the contact information provided below in the “How to Contact Us” section. 

Once you have told Program Manager or the Platform Provider, if applicable, that your Card has been lost, stolen or misused, we will be able to prevent use of the Card and the Account number. either we or Program Manager can also block use of your Card and prevent use of your Account number without telling you if we or Program Manager suspect unauthorized or fraudulent use of the Card or the Account number.

Ownership of the Card

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

Assignment

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

Electronic Communications

All communications regarding your Account will be communicated to you on our behalf by Program Manager.

With your consent, we may provide your Account statement, these Cardholder Terms, and any other document relating to your Account, to you electronically, including over the Internet or to an email address you provide us for this purpose. For legal purposes, documents sent electronically to you will be considered to be “in writing” and to have been signed and/ or delivered by us. We may rely upon and treat as duly authorized and binding on you any electronically authenticated document that we receive from you or which appears to have been sent by you.

In order to communicate with us by electronic means, you will be instructed to comply with certain security protocols established by us from time to time. These security measures are intended to protect both of us, and you must take all reasonable steps to prevent unauthorized access to your Account statement and any other documents exchanged between us electronically.

If You Move or Change Your Name

So that you do not miss any communication from us, we depend on you to contact the Program Manager or the Platform Provider, if applicable, immediately if you change your address or name, using the contact information provided below in the “How to Contact Us” section.

Amendments

We may amend these Cardholder Terms at any time. If we do, we will let you know at least 30 days before the amendments come into effect. If your Card or your Account number is used for a transaction or if any amount owing remains unpaid after these Cardholder Terms is amended, it will mean you accept the amendments we have made to these Cardholder Terms. The benefits and services we provide to cardholders are subject to terms and conditions. We can amend these terms or conditions at any time. We may do so without giving you notice.

Governing Law; Submission to Jurisdiction

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

Limitations on Our Liability

Neither Peoples nor Airwallex will be liable to you for damages (including special, indirect or consequential damages) that may result if, for any reason, your Card or your Account number is not accepted or you are unable to access your Account.

To the maximum extent permitted by law, Cardholder acknowledges and agrees that it is liable for all Card and Card account activity, including, without limitation, activity conducted by Authorized Users, and Authorized Cardholders, and requests made by an Authorized User to issue a Card or to Authorized Cardholders.

Without limiting the Airwallex Terms, Cardholder is liable for all unauthorized transactions where Cardholder or the Authorized Cardholder, as applicable, contributes to the loss by, for example (a) breaching or compromising the security of a Card or PIN (if applicable), Card Details, or Account, including by breaching Card restrictions, or (b) delaying the reporting of the loss, theft or misuse of a Card or PIN (if applicable), Card Details, or Account, in which case Cardholder is liable for all losses until such time as you notify Airwallex of such loss, theft or misuse.

Peoples is not responsible for any decision by a merchant to accept or reject the use of a Card or, except to the extent required by applicable law, for any unauthorized Card transactions.

You are liable for all obligations resulting from the use of the Card and Account and all monies owing and charged to the Card or Account. You assume full and complete responsibility to Peoples for performance by you of any and all obligations under this Agreement and all actions or omissions in connection with Cards, Card accounts and these Cardholder Terms, including any failure (whether by you, Authorized Users or Authorized Cardholders) to comply with the terms of these Cardholder Terms.

You shall be obligated to reimburse all costs (including legal costs) and expenses on a full indemnity basis incurred by Peoples in connection with the collection of overdue claims or monies owing under these Cardholder Terms.

You are fully liable for damages resulting from services, information enquiries, subscriptions or various contracts carried out over the Internet, particularly if such damages are caused by lack of the necessary authority, insufficient knowledge of the system or misuse of the Card.

Purchase Disputes and Chargebacks

Peoples may charge back disputed Card transactions when, for example, the corresponding merchant has not provided Cardholder or the Authorized Cardholder, as applicable, with the goods or services paid for and attempts to obtain a refund directly from the merchant are unsuccessful.

Applicable law and the operating rules of the Payment Networks impose time limits for raising and investigating disputes. If you believe a transaction on your Card account is incorrect, you must notify the Program Manager in writing by email of your dispute within sixty (60) days of the transaction date using the contact information provided below in the “How to Contact Us”. The Card transaction history should be reviewed carefully. Neither Peoples nor Airwallex is responsible for any loss to Cardholder, Authorized Cardholders, or any other third party if Card transactions are not timely disputed.

To avoid losing any rights to dispute a Card transaction, each Cardholder, on its, its Authorized Cardholders’ behalf, should (a) inform Peoples via the Airwallex Platform using the contact information provided below in the “How to Contact Us” section as soon as possible after the date of the disputed transaction, and (b) provide Airwallex with any information requested to support such request.

If Airwallex is satisfied after investigation that a disputed transaction should be reversed, the amount initially debited for the transaction will be credited by Airwallex to the corresponding Account in the original currency of the transaction if such currency is a Supported Currency. If the same currency is not a Supported Currency at the time of such reversal, the amount will be credited in Canadian dollars using the then-prevailing exchange rates determined by Airwallex. If the currency of the original transaction is a Payment Network Currency, such reversed amount will be converted by the Payment Network into Canadian dollars. Changes in exchange rates may result in the amount credited due to a reversal being different than the amount of the original transaction.

Card transactions can only be investigated after they have settled. Settlement occurs when a post date is recorded in the corresponding Account.

Canceling these Cardholder Terms

We may decide to cancel these Cardholder Terms at any time without telling you in advance. If we do, you must pay all amounts owing on your Account, stop using your Airwallex Borderless Card and return your Airwallex Borderless Card to us. You may also cancel these Cardholder Terms by telling us. We may require that any cancellation be done in writing using the contact information provided below in the “How to Contact Us” section or by terminating through the webapp. Until you pay us the total amount you owe on your Account, these Cardholder Terms will remain in effect.

French Language

Vous reconnaissez qu’une version française de cette entente vous a été remise. Si vous choisissez de signer seulement la version anglaise de cette entente, vous serez réputé avoir exigé que cette entente et toute communication, autres contrats, documents et avis qui y sont afférents soit rédigés en anglais seulement. Vous êtes d’accord de remettre une version française de cette entente au porteur de carte autorisé si une version française est obligatoire ou demandée. You acknowledge that a French version of the Agreement has been provided to you. If you choose to execute only the English version of the Agreement, you will be deemed to have required that the Agreement and any communications, other contracts, documents and notices relating to the Agreement be drafted in English only. You further agree that you shall provide the French language version to any Authorized Cardholder should they request or require such French version.

How to Contact Us

If you need help or have questions about your Account, please contact Program Manager or the Platform Provider using the contact information provided on the Airwallex website at https://help.airwallex.com/hc/en-gb/requests/new for free.

Protecting Your Privacy

By accepting or using the Airwallex Borderless Card, you consent to the collection, use, disclosure and retention of your personal information by us and our service providers (including Program Manager) for purposes relating to your application for the Airwallex Borderless Card and your use of the Airwallex Borderless Card and as otherwise described below. The collection of such personal information is necessary for the entering into and performance of these Cardholder Terms. Therefore, if you do not consent to the collection, use, disclosure, and retention of your personal information, you may not accept or use the Airwallex Borderless Card. As explained below, you may withdraw your consent at any time by canceling your Airwallex Borderless Card and all related services from us (this will not apply to any services that you may receive independently from Program Manager or the Platform Provider, if applicable). The restrictions and requirements described herein do not apply to information that is aggregated or otherwise de-personalized and does not identify you.

We protect personal information in our possession or control from loss, theft, alteration and misuse. The safeguards employed by us to protect your personal information depend on the sensitivity, amount, distribution, format and storage of the personal information. Although technologies can make it easier for fraud to occur, we employ around the clock monitoring systems and controls to detect and prevent fraudulent activity. We also build fraud prevention measures into our due diligence processes and regularly update our fraud detection/prevention methods. While we take precautions to protect your personal information from loss, theft, alteration, or misuse, no system or security measure is completely secure. Any transmission of your personal data is at your own risk and we expect that you will use appropriate measures to protect your personal information as well.

We and our service providers (including Program Manager) will collect information about you and Authorized Cardholders (e.g. their name, address, telephone number and date of birth) when you accept a Airwallex Borderless Card and, if a Airwallex Borderless Card is issued to you, we and our service providers (including Program Manager) will collect information about you and Authorized Cardholders and your use of the Airwallex Borderless Card and related services, including information about your Airwallex Borderless Card transactions (e.g. the date, amount and place of each transaction) (all collectively “Cardholder Information”). We and our service providers (including Program Manager) will collect your Cardholder Information directly from you and from other sources, including third party providers of identity verification, demographic and fraud prevention services.

How We Use, Retain, and Disclose Your Personal Information

We and our service providers (including Program Manager) will use, disclose and retain your Cardholder Information to process the issuance of your Airwallex Borderless Card (including to verify your identity) and, if a Airwallex Borderless Card is issued to you, to provide you with services relating to your Airwallex Borderless Card (including to administer your Card and to process your Airwallex Borderless Card transactions), to protect against fraud and for legal compliance purposes, to perform and enforce these Cardholder Terms, to protect and enforce our legal rights and for other purposes required or permitted by applicable law. We will disclose your Cardholder Information to our service providers (including Program Manager) to assist us to provide services to you and to provide related services to us.

We maintain physical, electronic and procedural security measures that comply with applicable law to safeguard Cardholder Information.

We and our service providers (including Program Manager) may use and store your Cardholder Information at facilities in various countries (including Canada and the United States of America). The personal information protection laws of those countries might be different from the laws of the jurisdiction in which you are located, and might permit courts, government, law enforcement and regulatory agencies and security authorities to access your Cardholder Information without notice. The laws on data protection in other jurisdictions, to which we may transfer your information, may differ from those in your jurisdiction and any personal information transferred to another jurisdiction will be subject to law enforcement and national security authorities in that jurisdiction. Subject to these laws, we will use reasonable measures to maintain protections of your personal information that are equivalent to those that apply in your jurisdiction. You hereby give your consent to such cross-border transfers (including to the United States) of such personal information to third parties for the purpose set out above.

We and Program Manager will use and rely on your Cardholder Information to issue and administer your Card and provide related services. We and our service providers (including Program Manager) will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform Program Manager of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information. You may communicate with Program Manager with regards to requests to access information related to you that we have obtained. If such information is obtained from providers of identity verification data and demographic information, we will inform you of your right of access and rectification in relation to the file held by the personal information agent and will indicate to you the manner in which and the place where you may have access to the reports or recommendations and cause them to be rectified, where necessary.

We and our service providers (including Program Manager) may use your Cardholder Information (including your telephone and mobile phone numbers and your email addresses) to contact you, including by regular and electronic mail, telephone call (including by pre-recorded or artificial voice messages and automatic telephone dialing systems) and instant messaging, regarding your Airwallex Borderless Card and related matters, regardless of whether you incur any long distance or usage charges as a result. 

We and our service providers (including Program Manager) may monitor and record their communications and correspondence with you (including emails, online chats and telephone calls) for quality assurance, staff training and legal compliance purposes. With your consent, we and our service providers (including Program Manager) may share this information for audit related purposes to ensure you are receiving the best possible customer service.

Other Uses of Your Personal Information

In addition to the foregoing, if you consent to a third party collecting and using your personal information (including Cardholder Information) for their own purposes (not as our service provider), including to send marketing and promotional messages to you, then we will not have any control over, and will not be responsible or liable for, the collection, use, disclosure and retention of your personal information by the third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the third party.

YOUR RIGHT TO ACCESS YOUR PERSONAL INFORMATION

You may obtain access to the Cardholder Information we hold about you at any time and review its content and accuracy, and have it amended as appropriate; however, access may be restricted as permitted or required by law. To request access to such information, to ask questions about our privacy policies or to withdraw your consent to the collection, use and disclosure of your Cardholder Information and to cancel your Airwallex Borderless Card and all related services from us, contact Program Manager. If you withdraw your consent, we will continue to collect, use, disclose and retain your Cardholder Information, in accordance with applicable law, for as long as may be reasonably required to perform services relating to the cancellation of your Airwallex Borderless Card, to protect against fraud and for legal compliance purposes, to perform and enforce these Cardholder Terms, to protect and enforce our legal rights and for other purposes required or permitted by applicable law.

Our general personal information practices are described in our privacy policy, as amended from time to time, available online at http://www.peoplestrust.com/en/legal/privacy-security/privacy/.

REPRESENTATIONS, WARRANTIES, AND COVENANTS

Each time the Card is used, you are deemed to represent, warrant, and covenant that: (i) Cardholder is duly organized and is validly existing under the laws of its state of organization, is in good standing under the laws of the state of its organization and is duly qualified to do business or conduct its affairs in each jurisdiction where it does business or conducts its affairs and has the full power and authority to carry on its business or affairs as presently conducted; (ii) you have full power, capacity, and authority to enter into and perform all obligations under this Agreement; (iii) entering into and performing all obligations under this Agreement are not inconsistent with any of the Cardholder’s governing documents, and do not and will not contravene any provision of or constitute a default under any indenture, mortgage, contract, or other instrument to which you are a party or by which you are bound; (iv) all information that you have provided and will provide at any time in the future to us is and will be accurate, and upon request, an appropriate officer of the Cardholder will certify the accuracy of all such information regarding the Cardholder; and (v) at our request you will deliver in a form acceptable to us any legal documents, financial statements, or other information we may reasonably require to verify the representations and warranties contained in this paragraph. You agree to notify us promptly of any significant change in your business or affairs that has or may have a material adverse effect on your ability to perform your obligations hereunder.

SAFETY AND SECURITY

Cardholder must:

a) allow only Authorized Users to use Cards for which they are authorized;

b) allow only Authorized Cardholders to use Cards that have been issued to them;

c) not give its PIN to any third party (if applicable);

d) not use easily guessable PINs (if applicable);

e) regularly monitor its account to make sure no unauthorized transactions have occurred;

f) not record PINs on anything carried with Cards or on anything subject to loss or theft simultaneously such Card, unless reasonable attempts to protect the security of the PIN are made (if applicable); and

g) if one or more Cards are lost or stolen and the Authorized Cardholder suspects that a third party knows the corresponding PIN (if applicable) or Card Details, or if such person or entity believes that one or more Cards, Card Details or PINs (if applicable) may have been misused, such user shall stop using such Cards and contact Peoples via the Airwallex Platform immediately.

Customer, Authorized Cardholders and Authorized Users must also comply with any additional security requirements that Bank or Airwallex notifies Cardholder of from time to time.

Bank and Airwallex may disclose any information to law enforcement agencies if Peoplesor Airwallex suspects unlawful use in connection with one or more Cards.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Peoples against all claims, demands, action, proceedings, losses, damages, costs and expenses of any nature (including reasonable attorneys’ fees) incurred, suffered or sustained by Peoples, directly or indirectly, by reason or in connection with these Cardholder Terms, including but not limited to: (a) breach of any provision of these Cardholder Terms; (b) use of the Card accounts or any Cards issued hereunder; (c) the enforcement or protection of Peoples’ rights and remedies under these Cardholder Terms, or in obtaining or seeking to obtain payment of all or any part of the monies hereby agreed to be paid by you; (d) any actions or omissions hereunder; and (e) any violation of any applicable law, rule or regulation.

THIRD-PARTY BENEFICIARIES

These Cardholder Terms are solely for the benefit of the parties hereto and should not be deemed to confer upon third parties any remedy, claim, liability, reimbursement, claim of action or other right in excess of those existing without reference to these Cardholder Terms. Notwithstanding the prior sentence, Airwallex and its affiliates shall constitute third-party beneficiaries for purposes of these Cardholder Terms.

Arbitration 

Subject to all other terms of this Agreement, and to the extent not prohibited by Applicable Law, you agree that any claim of any kind against us, the Program Manager, or Mastercard arising from or related to this Agreement or the use of the Card (i) shall be resolved by final and binding arbitration before a single arbitrator at Vancouver, British Columbia and (ii) shall not be brought through class or individual litigation proceedings. If such a claim is advanced by class proceeding by any other person on your behalf, you will opt out of, or not opt into, such proceedings as circumstances dictate.

*Visa Int./Peoples Trust Company, Licensed User