Cardholder Agreement 2

1. Definitions

In this Agreement, the words listed below have the following meaning:

2. Account and Card Issuance

2.1 Account Opening and Card Issuance. This Agreement applies to you once you have been approved for an Account. If the Account or your Card is used (whether in person, online or by any other channel), it will mean that you have read, understood and accepted all of the terms and conditions of this Agreement. You agree that all Purchases and any other authorized Transactions and Charges to your Account will be governed by this Agreement and that you will pay us, without any setoff or counterclaim, for all Transactions, interest, fees, and other Charges to your Account.

2.2 You acknowledge that EQ is the issuer of the Card pursuant to license by Visa under a program that is managed by Earna. However, EQ does not extend credit under this Agreement. All credit extended to you under this Agreement, including the determination of your Credit Limit and the application of interest, fees, and repayment obligations, is the sole responsibility of Earna. Your Debt under this Agreement is owed exclusively to Earna. EQ plays no role in lending decisions, credit underwriting, or the financial terms of your Account, and it does not assume any liability for Transactions, Charges, or outstanding balances. EQ may collect, use, disclose and otherwise handle your personal information in its role as the issuer of your Card in accordance with this Agreement and its privacy statement available at: https://www.equitablebank.ca/privacy-agreement. All Cards remain the property of Earna at all times. Earna may request the return of and replace a Card at any time. You cannot assign or transfer to any party the Card, the Account, or this Agreement. You acknowledge that you are the sole Cardholder of the Card and the Account and that there will be no other authorized users of the Card or the Account.

2.3 Authorized Transactions. You may use your Account to make Transactions in compliance with this Agreement, as long as we permit you to do so. Transactions are authorized if the Cardholder indicates acceptance of the Transaction through any means acceptable to us. We may block Transactions at our own discretion. To access the Account, we will issue to you a Card, which can be added to approved Wallets.

2.4 Credit Limit. Your Credit Limit and your Cash Advance Limit will be communicated to you at the time your application is approved. If your Credit Limit is not communicated to you at the time your application is approved, your Credit Limit will be communicated to you in your welcome email and in each monthly statement. We may change your Credit Limit periodically, provided that, where required by law, we will obtain your consent for a Credit Limit increase. We may lower your Credit Limit at any time without prior notice.

2.5 The amount of credit that is available to you at any time is the difference between the Credit Limit and the Balance that is outstanding on the Account at that time. Depending on your method of payment, it may take up to 5 business days before your available credit is increased by the amount of any payment. At our discretion, we may approve your Transaction if it exceeds your Credit Limit. If your Balance exceeds your Credit Limit, we may charge an Overlimit Fee as described in the Disclosure Statement, and we reserve the right to decline any transaction that would cause you to exceed your Credit Limit. We are not required to allow you to go over your Credit Limit even if we have let you do so before. We will notify you when your amount of credit available is below $100, which amount may not be modified by you.

2.6 Cash Advance Limit. Your Cash Advance Limit is described in the Disclosure Statement. Your Cash Advance Limit may change if you enter into a special offer with us, as the case may be.

3. Security Credentials and Unauthorized Transactions

3.1 Security Credential. Earna may issue you Security Credentials or provide other Account information to enable you to use the Card issued to you to make Purchases and obtain Cash Advances on the Account in accordance with this Agreement. At or near the time the Account is opened, the Cardholder must advise us of the password to access their Account. Earna will also provide you with information on how to change your PIN and/or other Security Credentials. You may, from time to time, change the PIN and/or other Security Credentials applicable to your Card and Account. We recommend that you change your PIN and other Security Credentials every six months for security reasons.

3.2 Security and Safeguarding of your Card and Security Credentials. Protecting the security of the Card and Account is very important. The Cardholder is responsible for the care and control of the Card, Card number, three-digit security code, Security Credentials and other Account information. Subject to this Agreement, if someone uses your Card, Account, Security Credentials and other Account information to obtain the benefits of your Card, you will be fully responsible for all Transactions incurred in connection with such use (whether or not such Transaction was incurred by you and you release us from any claim or liability whatsoever that you may have against us or them with respect to the use of that Security Credential). To safeguard your Account, you agree to keep Security Credentials confidential, store them separately from your Card, choose credentials that are not easily guessed (e.g., avoid birthdays or phone numbers), take steps to prevent unauthorized access when using your Security Credential, and delete Card details from any device before selling, disposing of it, or immediately if it is lost or stolen (collectively, the "Security Safeguards").

3.3 Unauthorized Transactions. If a Card, Account information, or Security Credential is or is suspected to be lost, stolen, compromised or at risk of being used in an unauthorized manner, you must notify us immediately and immediately lock your Card by utilizing the Website. Even if you lock your Card, you must notify us immediately. You will not be liable for any unauthorized use of the Card or your Account that occurs after you have notified us that your Card, Account information, or Security Credential may have been lost or stolen.

3.4 Unauthorized Use and Liability. You will benefit from the Visa Zero Liability policy, which terms and conditions are available on Visa's website, in the event of unauthorized use of the Card or the Account if: (i) you are able to establish to our satisfaction that you have taken reasonable steps to protect your Card against loss or theft and to safeguard your Card, Account information or other Security Credentials (including the Security Safeguards) in the manner set out in the Agreement; and (ii) you cooperate fully with our investigation in the manner set out in the Agreement (collectively the "Visa Conditions"). Even if you do not meet the Visa Conditions, if your Card is lost or stolen and your Card or your Account is used in Transactions in which neither a PIN nor a security code is used as the cardholder verification method, your maximum liability is $50. If your Card is lost or stolen and your Card or your Account is used in Transactions in which a PIN or a security code is used as the cardholder verification method, you will be liable for the full amount, unless prohibited by law. In addition, if our investigation established that there was no unauthorized use of the Card, Account information other Security Credentials (including the Security Safeguards) or that you otherwise contributed to the unauthorized use of your Card or access to your Account, you will be fully responsible for all Transactions that took place before you notified us. For the purpose of this protection, "unauthorized use" of a Card or Account means use by a person other than you, and from which you do not receive any benefit.

3.5 Investigation. You agree to cooperate and help us with any investigation that we initiate into unauthorized use you report before we will consider reimbursing you for any losses. This cooperation may include filing a report with law enforcement authorities. If we later determine that a Transaction was authorized, or unauthorized and the Cardholder has demonstrated gross negligence in safeguarding their Card, Account information and Security Credentials (including the Security Safeguards), we may reverse any credit provided to the Cardholder and the Cardholder will be liable for the Transaction and any interest, fees or losses. We may take whatever steps we consider necessary to recover lost or stolen Cards, Accounts and Security Details.

4. Charges, Interest and Fees

4.1 Interest Rates. Interest is initially charged at the rate and in the manner set out in your Disclosure Statement. Your current annual interest rates are set out on your monthly statement. We may charge different interest rates on different portions of your Balance based on your Account status (including but not limited to whether your Account is in Good Standing, is a Blocked Account, or is subject to any other restrictions). We may offer, modify, or withdraw promotional interest rates and any other benefits under Earna Programs at our sole discretion.

4.2 The annual interest rates that apply to the Account may change from time to time in accordance with this Agreement and as described in the Disclosure Statement.

4.3 Interest on Cash Advances. Interest is always charged on Cash Advances, beginning on the day they are made. We stop charging interest on Cash Advances on the day we receive a payment which covers the amount of the Transaction in accordance with this Agreement. Cash-Like Transactions are treated as Cash Advances.

4.4 Interest on Purchases. You will not be charged interest on new Purchases appearing on a monthly statement if you repay the full Balance shown on that monthly statement by the Payment Due Date. If you do not, then interest charges on these Purchases will appear on your next monthly Statement and interest will be charged retroactively on each Purchase from the posted date until we receive a payment which covers the Purchase, in accordance with this Agreement and the Disclosure Statement. Any interest which accrues on Purchases between your last Statement Date and the date we receive the payment will appear on the next monthly Statement.

4.5 Fees. Fees are treated like Purchases for the purposes of charging interest, subject to the applicable annual interest rates as set out in the Disclosure Statement.

4.6 How Interest is Calculated. Interest is calculated by multiplying the total interest-bearing portions of your Balance for each category of Charges at the end of each day by the corresponding annual interest rate in effect for that category and dividing that by the number of days in a year. Interest is calculated daily and added to your Balance monthly as of the Statement Date. If you do not pay the entire Balance in full by the Payment Due Date, interest will be compounded monthly on the Statement Date. In all circumstances, we will continue to charge interest until payment of amounts due has been received and applied in full.

4.7 Credit Balances. You should not maintain a Credit Balance on your Account. No interest is paid on Credit Balances. Credit Balances are not deposits and are not insured under the Canada Deposit Insurance Corporation Act or otherwise. We reserve the right to reject or return any payment that creates a Credit Balance. Credit Balances are not safeguarded by Earna or any third party and are not held by Earna on your behalf for future withdrawal or transfer by you. Maintaining Credit Balances on your Account may, at our sole discretion, constitute a default under this Agreement.

5. Installment Plans

5.1 We may allow you to convert an eligible Charge into an Installment Plan, on agreed terms. If a Charge is eligible for an Installment Plan, the applicable terms, including interest rate, any fees and the repayment period will be presented to you at the time you convert the Charge into an Installment Plan. If you agree to the terms, the Charge will be converted into an Installment Plan posted on your Account in “Installment Plan Payments”. The Installment Plan Payments will be considered Purchases for the purpose of calculating interest. Your available Credit Limit will not be reduced by the amount of the Installment Plan, unless we advise otherwise. We may cancel your Installment Plan under certain circumstances, including if you are in default under this Agreement, if your Account is considered a Blocked Account or if your Account is suspended or cancelled for any reason. If your Installment Plan is cancelled, the full amount of the Charge converted into the Installment Plan will be immediately posted to your Account and will form part of your Balance. Interests not yet accrued will also be posted to your Account, subject to the interest rate applicable for Purchases starting the first day of the statement period following the cancellation until we receive a payment which covers the unpaid cancelled Installment Plan. You must pay your Installment Plan Payments in full to keep your Account in Good Standing.

6. Payments

6.1 Minimum Payment. Your monthly statement will show the amount and due date of your Minimum Payment for that month, calculated as described in the Disclosure Statement. Your Minimum Payment is based on your Balance as of the Statement Date and will not reflect payments not posted as of that date. If there is an amount past due, it is due immediately. A credit to your Account which is not a payment does not relieve you of the obligation to make a payment if there is any remaining Balance on your Account. We must receive at least the Minimum Payment by the Payment Due Date for each Billing Cycle, even if you do not receive a statement or if the statement is late.

6.2 Timing of Payments. Payments will be credited to the Account when received and cleared by us. Payments may not automatically adjust the available Credit Limit. This generally occurs within five business days following receipt and clearing of payment, depending on the payment method. If a payment is received by us after our normal business hours, or on a non-business day, that payment will be treated as if it were received on the next business day.

6.3 Exceptions. If your Payment Due Date falls on a non-business day, we will consider your payment made on the next business day as having been made on time.

6.4 Accepting Payments. We only accept payments by Pre-Authorized Debit ("PAD") as per the PAD Agreement. However, at our sole discretion, we may accept other forms of payment, including but not limited to Interac® e-Transfer. The acceptance of any alternative payment method does not obligate us to continue accepting such payments in the future and does not modify your payment obligations under this Agreement. If you choose to make a payment through an alternative method, you must follow the instructions provided by us, including providing any required reference or payment ID number to ensure proper processing. Failure to do so may result in delays in posting the payment to your Account.

6.5 Designation of Payments as Final or Full. If any payment is marked or designated as a "full payment," "final payment," "settlement," or similar notation, we may accept such payment without it constituting a settlement of your Debt, unless we have expressly agreed in writing. Acceptance of such payments does not waive our right to collect any remaining balance owed under this Agreement. Any outstanding Debt remains due in full unless we provide explicit written confirmation that the Debt is considered fully settled.

7. Application of Payments

7.1 Payments on your Account will be applied to your Balance in the following order: (a) Interest; (b) Cash Advances; (c) Fees; (d) Purchases. If different annual interest rates apply to any of the Charges a) to d) mentioned above, payments will be allocated to the Charges with the highest interest rate first and then to the Charges with the lowest interest.

7.2 If you have paid more than your Balance, we will apply the extra payment to Charges that have not yet appeared on your Statement, but which have been posted to your Account, in the same order as described above.

8. Security Funds

8.1 Collateral Requirements. In order to establish and maintain your Account, we may require you to provide us with security funds which we hold as a collateral for payment of your Debt (the “Security Funds”). If applicable, you will be informed of this requirement before you accept this Agreement.

8.2 Security Funds. You acknowledge and agree that: (a) the Security Funds do not constitute a deposit, are not insured by the Canada Deposit Insurance Corporation, or any other government deposit insurer or agency, and will be held by us or our affiliates in an account at a depository institution we select; (b) the Security Funds may not be used to offset your Debt, meaning you cannot use the Security Funds to pay your Balance or any other amounts owing under this Agreement; (c) you have no right to access or withdraw the Security Funds, except as described below; and (d) any interest earned on the Security Funds will become our sole property.

8.3 Application of Security Funds. If you are not in Good Standing, if you are in default under this Agreement, upon cancellation or suspension of the Account or upon termination of this Agreement, without limiting any other rights we have under law or this Agreement, we may set off all or part of the Security Funds against your Debt (whether or not then immediately due and payable) without prior notice or demand for payment. Any Security Funds that we set off against your Debt pursuant to this Agreement will reduce your Debt but will not be considered a payment on your Account, including for credit reporting purposes, or for purposes of determining whether a default has occurred or is continuing. You will remain responsible for any Debt remaining after the Security Funds have been applied, and we may report (or continue to report), your Account as delinquent.

8.4 Withdrawal of Security Funds. Security Funds may only be added in $100 increments. If applicable, your Credit Limit will be increased by the amount of Security Funds provided, or as otherwise determined by us. In order to withdraw your Security Funds, you must first pay off any outstanding Debt, whether it is due and payable or not, perform all your obligations under this Agreement and then close your Card and your Account. In such case, we will return any remaining Security Funds to you within 150 days of closing your Account, or the payment in full of your Debt and performance of your obligations under this Agreement, whichever comes last.

8.4 Security Interest. In consideration for the issuance of the Card, you agree that: (i) As collateral security for the prompt payment and performance of your Debt and obligations under this Agreement, you hereby pledge and grant to Earna and its affiliates a security interest in and over the Security Funds provided by you to us and our affiliates (the “Collateral Security”). This Collateral Security applies regardless of when Security Funds are provided to Earna or our affiliates, and this Collateral Security may be an express condition for your Account. You agree to take any actions we request to evidence, perfect, render opposable to third parties or protect the first ranking security/lien position of our Collateral Security in the Security Funds. (ii) You warrant that there are no lawsuits or bankruptcy proceedings that might affect our Collateral Security in the Security Funds. You have not and will not attempt to pledge, hypothecate, grant or transfer an interest in the Security Funds to any person other than Earna. (iii) We will not discharge or release our Collateral Security in the Security Funds until all Transactions, Charges, fees and any other amounts that you owe under this Agreement have been processed, all Debt has been paid, all obligations have been satisfied and performed, and we are not obligated to advance any further funds or credit to you. (iv) You confirm that value has been given by Earna to you, that you have rights in the Security Funds at the date of this Agreement and at any time additional increments are provided, and that you and Earna have not agreed to postpone the time for attachment of the security interest forming part of the Collateral Security to any of the Security Funds. Our Collateral Security shall have effect and be deemed to be effective whether or not the Debt or any obligations part thereof are owing or in existence before or after or upon the date of this Agreement. Neither the acceptance of this Agreement, including the Collateral Security granted under this Agreement, nor the provision of any financial accommodation by us, shall oblige us to make any financial accommodation to you or any other person. (v) You agree that our Collateral Security in and over the Security Funds is in addition to, and not in substitution of and does not replace, the set off rights that you have granted us in respect of the Security Funds as described above or that we have otherwise have by virtue of law.

9. Pre-Authorized Debit Agreement

9.1 Pre-Authorized Debit Agreement. You agree to be bound by the terms and conditions of the PAD Agreement, a copy of which has been provided to you. You understand that the PAD Agreement is an integral part of this Agreement and that this Agreement, including the Card and the Account, would not be available to you without your acceptance of the PAD Agreement. You agree to keep a valid PAD Agreement in effect at all times during the term of this Agreement, including entering into a new PAD Agreement if the original PAD Agreement is revoked or terminated for any reason. If you fail to enter into a new PAD Agreement within the same Billing Cycle after revocation or termination, we may, at our sole discretion, declare that your Account is not in Good Standing.

9.2 Scheduled Withdrawals. Making a payment through a method other than PAD in accordance with 5.4 does not exempt you from your obligation to maintain a valid PAD Agreement, nor does it replace the scheduled PAD withdrawals. If you make a payment before the scheduled PAD withdrawals, you are responsible for ensuring that your Balance reflects the correct amount due. The scheduled PAD withdrawal will still be processed as per the PAD Agreement unless the prior payment fully satisfies the required amount before the PAD withdrawal is initiated.

10. Statements

10.1 A statement will be issued monthly for the Account, which depends on the Billing Cycle, however, Earna might not provide a statement for an Account, at its own discretion, in which there has been no activity that month and (i) your outstanding Balance is zero or (ii) you have been notified that your Card or Account has been suspended or cancelled because your Account is not in Good Standing and we have demanded full repayment of your Balance, unless otherwise required by law. You are responsible for ensuring that you receive a statement each month and for notifying us if you do not receive a statement.

10.2 Statements will be delivered electronically to you. You hereby consent to the delivery and receipt of electronic versions of statements and will use any required software or services to read and print such electronic statements.

10.3 We may remove any credits which have been posted in error to your Account at any time.

10.4 You will review carefully each statement and you must notify Earna in writing of any discrepancies, errors, or omissions with respect to any information contained in the statement or any entry or transaction posted to it within 30 days from the Statement Date, failing which the statement (except any amount that has been credited to the Account) will be deemed to be conclusively correct and complete and will be binding upon you. In such case, Earna will be released by you from any claims in respect of the statement or item disclosed therein.

10.5 The number of days in a Billing Cycle will typically be around 30 days, but may vary on a case by case basis.

11. Use of Card

11.1 Activation instructions will be provided upon receipt of the Card. Use of the Card shall constitute written acceptance by the Cardholder of this Agreement and the other terms and regulations governing its use. We have the right to block, limit or suspend the use of any Card, prevent use of the Card or the Account, or decline or refuse any Transaction for any reason at any time, including Transactions connected to mobile and/or online gambling, without telling you in advance, including blocking or limiting the use of the Card or the Account in certain countries or jurisdiction at our own discretion, such as those that are subject to government sanctions. You agree not to use the Card or the Account for any unlawful or fraudulent purpose or for any Transaction which may be subject to government sanctions.

12. Cancellation and Suspension of Cards

12.1 Cancellation by us. We have the right to cancel, suspend or limit this Agreement, any Card issued, your Account or any of their features or related services, including declining or refusing to authorize any Transaction for any reason in our sole discretion, at any time and without any prior notice, including but not limited to (i) if we suspect unauthorized or fraudulent use of the Card or Account (ii) if your Account is not in Good Standing or becomes a Blocked Account (iii) for security purposes and to protect you, us, or our systems from fraud, financial crime, or other illegal activities (iii) if we reasonably believe that continuing to allow use of the Card or Account might cause us to violate any applicable law or if we need to comply with any applicable laws, regulations, or sanctions, regulation, code or other obligation.

12.2 Cancellation by EQ. As issuer of the Card, EQ has the right to cancel or suspend any Card issued on your Account for any reason, at any time, without telling you in advance.

12.3 Cancellation by you. You may also cancel this Agreement by contacting us. This Agreement will remain in effect until you pay us in full the amounts you owe on your Account or under this Agreement and that no Transactions or payments are pending. You understand that some Transactions may take up to 180 days to be posted on your Account and that Earna is not responsible for such delay.

12.4 If this Agreement, your Card or your Account is cancelled or suspended, you will be liable for (i) the Balance; (ii) any Transactions or Charges made or authorized before the cancellation/suspension; and (iii) any fees, interest and other increases to the Balance posted after the date of cancellation/suspension. You will also (i) cease to be entitled to any of the Card or Account benefits; (ii) notify any service provider who has authorization to charge transaction to the Account; (iii) return to Earna or permanently destroy all Cards. Note that Earna may inform businesses honoring the Card that it has been cancelled or suspended.

12.5 All of our rights under this section are in addition to any other right we have under this Agreement. If your Account or a Card is cancelled, suspended or limited, Earna shall not be liable for, and you release from, any loss, costs, or damages due to such cancellation, suspension or limitation.

13. Foreign Currency Conversion

13.1 If you use the Account to make Purchases or obtain Cash Advances in a foreign currency, the amount of the transaction will be converted to Canadian dollars before it is recorded in the Account. For foreign currency Transactions, the rate will be the exchange rate posted by Visa on its website on each business day and applied at the time of the posting of the Transaction. The currency conversion may not happen on the day of the Transaction. Some foreign currency Transactions are converted directly into Canadian dollars, while others may be converted into U.S. dollars prior to being converted into Canadian dollars.

13.2 The rate that is used will be the rate on the date that a Transaction is posted to the Account and may be different from the rate in effect on the date of the Transaction. In the case of a return of an item purchased in a foreign currency, the dollar amount credited to the Account may be less than the Canadian dollar amount that was originally debited to the Account. You will be charged an additional foreign currency conversion fee in accordance with the Disclosure Statement.

14. Mobile Wallet and Contactless Payments

14.1 We may, at our sole discretion, allow you to use your Card on various approved Wallets. If you choose to add your Card to a Wallet, you will be bound by Earna's Mobile Wallet Terms and Conditions, up-to-date copies of which can be found and are made available to you on our Website. In order to use a Wallet, you may also be required to agree to the terms, conditions and privacy policies of third parties, such as Wallet providers, your wireless carrier, and other third-party services or websites made available to you through a Wallet. We and/or participating merchants may, at our discretion, establish a maximum limit from time to time for a single contactless or mobile Transaction. As a result, you may need to use your physical Card to complete a Transaction if you exceed these limits. This Agreement applies to all types of Transactions on your Account, including Transactions made through an approved Wallet and contactless Transactions.

15. Keeping your Account in Good Standing and Blocking your Account

15.1 If your Account is not in Good Standing, it may, without limitation, impact the interest rates, Credit Limit, the information disclosed in the Disclosure Statement or result in you losing the benefit of any Earna Programs you are participating in.

15.2 Your account will cease to be considered in "Good Standing" in the following circumstances: (i) you fail to comply with or are otherwise in default of any provisions of this Agreement or any other agreement you may have with Earna or our affiliates; (ii) you become insolvent or bankrupt, or any proceeding under any bankruptcy or insolvency law is initiated by or against you, or you make an assignment for the benefit of creditors; (iii) you provide us or our agents and affiliates, false or misleading information, including in your application to open an Account, in any other applications to obtain products and services from us or our affiliates, or in any other communications with us; (iv) any part of your Debt is not paid when due; (v) you move out of an Approved Province to an Excluded Province or outside of Canada.

15.3 If your Account is not in Good Standing, becomes a Blocked Account, or if this Agreement, your Card or your Account has otherwise been cancelled, suspended, or limited, we may, in addition to anything else contained in this Agreement, take any of all of the following steps without notifying you: (i) require that the total Balance and any other amount due under this Agreement be paid immediately; (ii) cancel and rescind any benefits of which may have been earned through any Earna Programs associated with Earna or its partners; and (iii) take appropriate actions to collect your Balance and pursue any other remedies available at law.

15.4 If your Account has a Credit Balance and you are not in Good Standing with respect to any other indebtedness you have with us or an affiliate, we may use that Credit Balance to offset that other indebtedness.

15.5 The Cardholder will pay all Earna's legal fees and expenses incurred, including legal expenses of both our internal and external legal counsel, (subject to the fullest extent permitted by law) to recover your Balance, collecting any payment owing to us, take possession of your Cards or any attempts thereof.

15.6 Account Suspension and Blocking. We may, at our sole discretion and without prior notice, suspend, block, restrict or terminate your Account and/or your ability to use your Card if: (i) you fail to make any required payment by the Payment Due Date; (ii) any payment is returned, rejected or cannot be processed for any reason; (iii) we suspect unauthorized, fraudulent or illegal use of your Account; (iv) you exceed your Credit Limit; (v) we believe such action is necessary to protect our interests, those of our cardholders, or to prevent fraud or loss; (vi) you breach any term of this Agreement; (vii) your Account is not in Good Standing; (viii) we are required to do so by law or regulatory requirement; or (ix) for any other reason we deem appropriate.

15.7 If your Account and/or your ability to use your Card is suspended, blocked or restricted (a "Blocked Account"): (i) you must immediately cease using your Card and Account for any purpose, and any attempted Transactions, including recurring payments and pre-authorized charges, will be declined; (ii) all benefits earned through Earna Programs, including but not limited to cashback, points, and other rewards, shall be automatically canceled and forfeited; (iii) you will not be eligible to earn or receive any Earna Program benefits; (iv) you remain fully liable for the entire Balance, including all fees, interest charges, and other amounts owing under this Agreement; (v) all applicable fees and interest charges as set out in the Disclosure Statement will continue to accrue; and (vi) we may inform credit reporting agencies of your Account status.

15.8 Reinstatement of Account Access. We may, at our sole discretion, remove the Blocked Account status and reinstate your Account privileges if: (i) you bring your Account into Good Standing by paying at least the Minimum Payment due and any other past due amounts; (ii) you remedy all breaches of this Agreement; (iii) you provide any additional information or documentation we may request; and (iv) we determine that the circumstances that led to the suspension or block have been satisfactorily resolved. However, we are not obligated to reinstate your Account privileges and may maintain the Blocked Account status for as long as we deem necessary, even if you have satisfied all requirements. Any reinstatement may be subject to additional conditions we may impose. If reinstated, your previous benefits earned through Earna Programs, including cashback rewards, shall remain forfeited.

16. Special Programs and Features

16.1 We may make special services, benefits or features available to you including cashback programs, points programs, loyalty programs, referral programs, contests, memberships and installment plans (the "Earna Programs"). Different types of Cards may come with different features. Some of these services and benefits are features of the Card and are described in the documents that accompany your new Card, the Agreement or the Disclosure Statement. Others, including optional features, must be enrolled in or purchased separately by you and may be available at an additional cost to you. Card services and benefits are subject to additional terms and conditions which may change from time to time and may be cancelled, suspended or limited at any time without notice. By using the Card after receipt of those additional terms, you agree to be bound by those terms (as may be amended from time to time). In such case, you may not refuse to pay us any amount charged to the Account for such benefits or services.

16.2 Any amount paid, payable or charged to your Account for Earna Programs is treated as a Transaction and a fee for Minimum Payment and interest calculations, unless expressly stated otherwise.

16.3 Certain services and benefits of the Earna Programs may be supplied by third parties under their own terms and privacy policies; Earna is not liable for any services or benefits not directly supplied by us. You must deal directly with the relevant third party regarding any dispute. In any event, EQ has no responsibility or involvement for any Earna Programs, or any other programs or features associated with the Account from time to time, including the amount of any credit extended to you or whether any Transaction you undertake with your Card are denied..

16.4 From time to time, we may make special offers to you. A special offer may be for a limited period of time and contain additional terms and conditions. These additional terms and conditions may temporarily override the terms and conditions in this Agreement and if you take any action which indicates that you are accepting a special offer, you will be bound by them. Once the special offer ends, all terms and conditions of this Agreement will apply, including those related to interest and payments.

17. Merchant Disputes

17.1 If you authorize a Transaction, you must settle any disputes or claims directly with the merchant. If you are unable to resolve the issue with the merchant, you may contact us to discuss the Transaction. Refunds are subject to the refund policy of the merchant where the original purchase was made. We are not liable if a merchant or service provider does not give you a credit, imposes additional charges, charges a different price for purchases made with your Card versus other payment methods, refuses to accept your Card, or takes any other action. You must pay for the Transaction as shown on your monthly statement; failing to pay off the full Balance as set out in this Agreement will result in interest charges. You may not stop payment on a Transaction. If a merchant agrees to issue a refund, we will credit your Account upon receipt of the merchant's credit note. However, any interest charged on the original Transaction will not be refunded, unless prohibited by law. We may reverse credits to your Account, and debits or credits for Transactions may not appear on your Account on the same day as the Transaction.

17.2 Cash-Like Transaction. Questions about whether a Transaction will be categorized as a Cash-Like Transaction should be directed to the merchant.

18. Residency and Moving out of Approved Provinces

18.1 Eligibility. To open an Account, you represent and warrant that you are the legal age of majority and a resident of one of the Approved Provinces.

18.2 Residence. We will determine the Cardholder place of residence for all purposes based on the home address we have on file at that time. Earna credit cards and Accounts are only available to residents of an Approved Province.

18.3 Moving out of an Approved Province. If you move out of an Approved Province to an Excluded Province or outside Canada, you agree: (i) to pay us all that you owe us without any deductions for any taxes and withholdings that your new jurisdiction may impose; and (ii) to cancel your Card and close your Account with us at least 30 days prior to moving, and immediately pay any outstanding Balance in full.

19. Changes

19.1 You will promptly notify us of any changes to the Cardholder's address, Cardholder's names or Cardholder's contact information.

19.2 We may permanently or temporarily add, remove or change any of the Account or Card features or any terms of this Agreement and the Disclosure Statement, including any interest rate(s) and fee(s), upon subsequent notice to the Cardholder. If required by law, we will give the Cardholder written notice of a proposed change and any other information required by law, at least 30 days before the effective date of change. We will notify you of changes by any method allowed by applicable law, including sending an electronic notice to the Cardholder or posting a notice on the Website where you can always locate the most up-to-date version of this Agreement. Any change to this Agreement applies to both your outstanding and future Debt. You shall be deemed to have accepted such amendments or modifications if any Card is used, or any Debt remains unpaid after the effective date of such notice.

20. Renewal

20.1 Unless we receive prior instructions from you to the contrary, we will issue renewal and replacement Cards prior to the expiry date indicated on the Card last issued. We may issue Cards to renew your current Card. Replacement Cards may have different features, benefits or Earna programs.

21. General

21.1 Notices and Change in Address. In accordance herewith, Earna will provide you with Statements, agreements, disclosures, notices, reports, and any other documents or communications about your Account ("Notices") electronically through our online and mobile service. By entering into this Agreement, you expressly agree to receive all such Notices electronically and acknowledge that no paper copies will be provided unless required by law. Terms and conditions for accessing Earna's online and mobile service will apply to any such access. We will notify you by email when new electronic statements or other Notices are available for viewing online. Notices provided by electronic means will be considered to have been given and received on the date on which the email advising you of the availability of the electronic Notice was sent or posted. Each statement and Notice will be sent to the email address last provided to Earna as indicated in our records. You shall immediately notify us of any change of physical and email address, and we will not be liable for any loss or damages resulting from your failure to inform us of any change of physical and email address.

21.2 Liability. Except where prohibited by applicable law, Earna and its affiliates shall not be liable for any damages, whether direct, indirect, special, consequential, or punitive, including but not limited to loss of profits or revenues, arising from the use or inability to use your Card or Account, including but not limited to:

1. a) Any failure, malfunction, error, or inaccessibility of any Card, ATM, terminal, or other machine or equipment;
2. b) Any delay, system outage, business interruption, security breach, or failure to access your Account;
3. c) Any refusal by a merchant or business to honor the Card; or
4. d) Any inability to access your Account for any reason, including technical issues or unforeseen circumstances.

We may use third-party service providers or affiliates to process applications, transactions, and other services related to your Account. In the event that a third-party service provider or affiliate fails to process a Transaction due to reasons including legal, regulatory, or internal policy issues, or if completing the Transaction could result in reputational or legal risks for the third party, neither Earna, its affiliates, nor its third-party service providers will be liable for any unprocessed or incomplete transactions.

21.3 Limitation Period. Unless prohibited by applicable law, the limitation period with respect to actions in debt against you under this Agreement will be 6 years from the later of the dates that the default occurred or ought to have been discovered by Earna.

21.4 Credit Reporting. We may report your account activity to credit bureaus. Keep in mind that late or missed payments can affect your credit score.

21.5 Personal Information Collection, Use and Disclosure. Your request for the use of the Card and any Earna products and/or services is your acknowledgment that Earna will collect, use, and disclose your personal information in accordance with our Privacy Policy, which we make available to you on our Website, and which an up-to-date version can be obtained on our Website.

21.6 Governing Law. This Agreement will be governed by and interpreted in accordance with Canadian law and the laws of the Approved Province in which we deem you are residing in accordance with this Agreement. This province will also be the place of the contract. You agree to submit to and be bound by these laws and the courts of that province or territory in the event of any disputes arising in connection with your Cards, Account and/or this Agreement. If you reside outside of Canada or in an Excluded Province, this Agreement will be governed by and interpreted in accordance with the laws of Ontario.

21.7 Interpretation. When used in this Agreement, the term "including" means "including, but not limited to". The headings in this Agreement are for convenience only and do not affect the interpretation of the rest of the Agreement. References to dollars means Canadian dollars unless we tell you otherwise. When we refer to this Agreement or other agreements or documents, we are referring to this Agreement and those other agreements or documents as they may be amended, replaced or supplemented from time to time.

21.8 Severability and Waiver. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect. Our failure to exercise or delay in exercising any rights does not waive any default or prevent us from enforcing those rights later.

21.9 Survival. Any provision of this Agreement relating to your responsibilities and liabilities or our rights and liabilities will survive termination of the Agreement.

21.10 Assignment. We may at any time, without notifying you, assign your Account, any Balance due under this Agreement, and/or any of our rights and obligations under this Agreement to any assignee who will be entitled to all of our rights and will be responsible for our obligations under this Agreement to the extent they are assigned by us. Regardless of any assignment, this Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns.

21.11 Electronic Execution. This Agreement may be electronically executed and delivered and will constitute an original.

21.12 Language. You have expressly requested that this Agreement and any related documents be drawn up in English. Vous avez expressément exigé que cette Entente et tout document qui s'y rattache soient rédigés en anglais.