MAKING PAYMENTS TO US. You're responsible for repaying all charges owing on your Account. The total you owe us includes all Purchases, Cash Advances, Balance Transfers (if available), interest, and fees, and is shown on your Monthly Statement. Your Monthly Statement will provide instructions for making payments, including the amounts due and the Payment Due Date. Payments must be made in Canadian dollars. Payments may be made only by online ▇▇▇▇ payment through Refresh’s website, money order or using Loadhub at participating Canada Post locations. Even when normal postal service is disrupted, you must continue to make your payments. Payments made by money order must be in a form acceptable to us and be drawn on a Canadian financial institution. Payments sent to us by mail or made through another financial institution’s banking service may take several days to reach us and are not credited to your Account and do not adjust your available credit until we have processed them. lf we choose to accept a payment that you make with a money order or cheque issued on a foreign bank, there may be service charges to process this. lf so, they'II be charged to your Account. You can also ask us to process your payment on your Payment Due Date each month as a personal pre-authorized debit (“PAD”) from a deposit account in Canada in Canadian Dollars with us or another financial institution that you designate for that purpose to us in writing (such as by providing a “void” cheque. You may choose to pay the Minimum Payment or the New Balance shown on your monthly statement. If you ask us to automatically process payments in this manner you agree that this authorization, together with any written confirmation we provide you, is our personal PAD Agreement as required by Rule H1 of the Rules of the Canadian Payment Association. In addition, you agree to waive any pre-notification requirements that exist where variable payment amounts are being authorized. You may notify us at any time that you wish to revoke your authorization using the contact information below under the heading “Contacting Us” and, provided that we have received such notice at least fifteen (15) days before your next scheduled payment, we will not process it. You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this agreement. A PAD may, under certain circumstances, be disputed for up to 90 days. To obtain more information on your recourse rights, contact your financial institution or visit ▇▇▇▇▇▇▇▇.▇▇." We can accept late payments or partial payments or cheques and money orders marked "payment in full" or other similar language without losing any of our rights under this Agreement. You're responsible for ensuring you make at least the Minimum Payment by the Payment Due Date shown on your Monthly Statement. You must pay at least the Minimum Payment by the Payment Due Date to keep your Account in Good Standing. You must make your Minimum Payment even if you don't receive your Monthly Statement. Past due amounts or any amount of debt which exceeds your Credit Limit must be paid to us immediately. lf a Payment Due Date falls on a weekend or holiday, we'II automatically extend that Payment Due Date to the next business day following such weekend or holiday. Depending on the payment method you choose, your payment may take several days to reach us and may be credited to your Account after the Payment Due Date. Keep this in mind when considering how and when to make your payment. All Account credits are subject to final payment by the financial institution where you made the payment, so if the payment through your financial institution doesn't clear, we'll reverse the Account credit and you will still owe us the amount of the payment, which will continue to incur interest, if applicable, until paid.
Appears in 2 contracts
Sources: Refresh Secured Credit Card Cardholder Agreement, Refresh Secured Credit Card Cardholder Agreement
MAKING PAYMENTS TO US. You're responsible for repaying all charges owing on your Account. The total you owe us includes all Purchases, Cash Advances, Balance Transfers (if available), interest, and fees, and is shown on your Monthly Statement. Your Monthly Statement will provide instructions for making payments, including the amounts due and the Payment Due Date. Payments must be made in Canadian dollars. Payments may be made only by online ▇▇▇▇ payment through Refresh’s website, money order or using Loadhub at participating Canada Post locations. Even when normal postal service is disrupted, you must continue to make your payments. Payments made by money order must be in a form acceptable to us and be drawn on a Canadian financial institution. Payments sent to us by mail or made through another financial institution’s banking service may take several days to reach us and are not credited to your Account and do not adjust your available credit until we have processed them. lf we choose to accept a payment that you make with a money order or cheque issued on a foreign bank, there received them and the funds have cleared compensation so they may be service charges to process this. lf so, they'II be charged to your Accountapplied by Refresh. You can also ask us to process your payment on your Payment Due Date each month as a personal pre-authorized debit (“PAD”) from a deposit account in Canada in Canadian Dollars with us or another financial institution that you designate for that purpose to us in writing (such as by providing a “void” cheque. You may choose to pay the Minimum Payment or the New Balance shown on your monthly statement. If you ask us to automatically process payments in this manner you agree that this authorization, together with any written confirmation we provide you, is our personal PAD Agreement as required by Rule H1 of the Rules of the Canadian Payment Association. In addition, you agree to waive any pre-notification requirements requirements, other than your statement of account, that exist where variable payment amounts are being authorized. You may notify us at any time that you wish to revoke your authorization using the contact information below under the heading “Contacting Us” and, provided that we have received such notice at least fifteen (15) days before your next scheduled payment, we will not process it. You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this agreement. A PAD may, under certain circumstances, be disputed for up to 90 days. To obtain more information on your recourse rights, contact your financial institution or visit ▇▇▇▇▇▇▇▇.▇▇." We can accept late payments or partial payments or cheques and money orders marked "payment in full" or other similar language without losing any of our rights under this Agreement. You're responsible for ensuring you make at least the Minimum Payment by the Payment Due Date shown on your Monthly Statement. You must pay at least the Minimum Payment by the Payment Due Date to keep your Account in Good Standing. You must make your Minimum Payment even if you don't receive your Monthly Statement. Past due amounts or any amount of debt which exceeds your Credit Limit must be paid to us immediately. lf a Payment Due Date falls on a weekend or holiday, we'II automatically extend that Payment Due Date to the next business day following such weekend or holiday. Depending on the payment method you choose, your payment may take several days to reach us and may be credited to your Account after the Payment Due Date. Keep this in mind when considering how and when to make your payment. All Account credits are subject to final payment by the financial institution where you made the payment, so if the payment through your financial institution doesn't clear, we'll reverse the Account credit and you will still owe us the amount of the payment, which will continue to incur interest, if applicable, until paid.fifteen
Appears in 1 contract
MAKING PAYMENTS TO US. You're responsible for repaying all charges owing on your Account. The total you owe us includes all Purchases, Cash Advances, Balance Transfers (if available), interest, and fees, and is shown on your Monthly Statement. Your Monthly Statement will provide instructions for making payments, including the amounts due and the Payment Due Date. Payments must be made in Canadian dollars. Payments may be made only by online ▇▇▇▇ payment through Refresh’s website, money order or using Loadhub at participating Canada Post locations. Even when normal postal service is disrupted, you must continue to make your payments. Payments made by money order must be in a form acceptable to us and be drawn on a Canadian financial institution. Payments sent to us by mail or made through another financial institution’s banking service may take several days to reach us and are not credited to your Account and do not adjust your available credit until we have processed them. lf we choose to accept a payment that you make with a money order or cheque issued on a foreign bank, there received them and the funds have cleared compensation so they may be service charges to process this. lf so, they'II be charged to your Accountapplied by Refresh. You can also ask us to process your payment on your Payment Due Date each month as a personal pre-authorized debit (“PAD”) from a deposit account in Canada in Canadian Dollars with us or another financial institution that you designate for that purpose to us in writing (such as by providing a “void” cheque. You may choose to pay the Minimum Payment or the New Balance shown on your monthly statement. If you ask us to automatically process payments in this manner you agree that this authorization, together with any written confirmation we provide you, is our personal PAD Agreement as required by Rule H1 of the Rules of the Canadian Payment Association. In addition, you agree to waive any pre-notification requirements requirements, other than your statement of account, that exist where variable payment amounts are being authorized. You may notify us at any time that you wish to revoke your authorization using the contact information below under the heading “Contacting Us” and, provided that we have received such notice at least fifteen (15) days before your next scheduled payment, we will not process it. You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this agreement. A PAD may, under certain circumstances, be disputed for up to 90 days. To obtain more information on your recourse rights, contact your financial institution or visit ▇p ▇▇▇▇▇▇▇.▇▇." We can accept late payments or partial payments or cheques and money orders marked "payment in full" or other similar language without losing any of our rights under this Agreement. You're responsible for ensuring you make at least the Minimum Payment by the Payment Due Date shown on your Monthly Statement. You must pay at least the Minimum Payment by the Payment Due Date to keep your Account in Good Standing. You must make your Minimum Payment even if you don't receive your Monthly Statement. Past due amounts or any amount of debt which exceeds your Credit Limit must be paid to us immediately. lf a Payment Due Date falls on a weekend or holiday, we'II automatically extend that Payment Due Date to the next business day following such weekend or holiday. Depending on the payment method you choose, your payment may take several days to reach us and may be credited to your Account after the Payment Due Date. Keep this in mind when considering how and when to make your payment. All Account credits are subject to final payment by the financial institution where you made the payment, so if the payment through your financial institution doesn't clear, we'll reverse the Account credit and you will still owe us the amount of the payment, which will continue to incur interest, if applicable, until paid.
Appears in 1 contract
Sources: Credit Card Agreement
MAKING PAYMENTS TO US. You're responsible for repaying all charges owing You must make at least the minimum payment indicated on your Accountmonthly statement by the payment due date shown on that monthly statement. The total you owe us includes all Purchases, Cash Advances, Balance Transfers (if available), interest, and fees, and method of calculating your minimum payment is shown on your Monthly Statementset out in the disclosure statement. Your Monthly Statement minimum payment will provide instructions not reflect payments or credits that are not posted by your statement date. a credit to your account such as a refund for making paymentsa returned item or an adjustment is not a payment. If you get this type of credit, including the amounts due and the Payment Due Dateyou must still pay your minimum payment unless you have no remaining balance. Payments must be made in Canadian dollars. Payments You can make payments on your account at any time using the following methods: • By telephone or online banking through your financial institution; • By mail, using the payment information provided on your monthly statement; • By any pre-authorized debit service we may offer. All payments must be made only by online ▇▇▇▇ payment through Refresh’s website, money order or using Loadhub at participating Canada Post locations. Even when normal postal service is disrupted, you must continue to make your payments. Payments made by money order must be in a form acceptable to us and us. Payments made by a cheque or money order must be drawn on a Canadian financial institution. Payments sent to us by mail or made through another financial institution’s banking service may take several days to reach us and are not credited to your Account and do not adjust your available credit until we have processed them. lf we choose to accept a payment that you make with a money order or cheque issued on a foreign bank, there may be service charges to process this. lf so, they'II be charged to your Account. You can also ask us to process your payment on your Payment Due Date each month as a personal pre-authorized debit (“PAD”) from a deposit account in Canada in Canadian Dollars with us or another financial institution that you designate for that purpose to us in writing (such as by providing a “void” cheque. You may choose to pay the Minimum Payment or the New Balance shown on your monthly statement. If you ask us to automatically process payments in this manner you agree that this authorization, together with any written confirmation we provide you, is our personal PAD Agreement as required by Rule H1 of the Rules of the Canadian Payment Association. In addition, you agree to waive any pre-notification requirements that exist where variable payment amounts are being authorized. You may notify us at any time that you wish to revoke your authorization using the contact information below under the heading “Contacting Us” and, provided that we have received such notice at least fifteen (15) days before your next scheduled payment, we will not process it. You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this agreement. A PAD may, under certain circumstances, be disputed for up to 90 days. To obtain more information on your recourse rights, contact your financial institution or visit ▇▇▇▇▇▇▇▇.▇▇." We can accept late payments or partial payments or cheques and money orders marked "payment in full" or other similar language without losing any of our rights under this Agreement. You're responsible for ensuring you make at least the Minimum Payment by the Payment Due Date shown on your Monthly Statement. You must pay at least the Minimum Payment by the Payment Due Date to keep your Account in Good Standing. You must make your Minimum Payment even if you don't receive your Monthly Statement. Past due amounts or any amount of debt which exceeds your Credit Limit must be paid to us immediately. lf a Payment Due Date falls on a weekend or holiday, we'II automatically extend that Payment Due Date to the next business day following such weekend or holiday. Depending on the payment method you choose, your payment may take several days to reach us and may be credited to your Account account after the Payment Due Datepayment due date. Keep this in mind when considering how and when to make your payment. All Account credits are subject to final We can accept late payments or partial payments, or cheques and money orders marked “payment by the financial institution where you made the paymentin full” or other similar language, so if the without losing any of our rights under this agreement. If a payment through your financial institution doesn't n’t clear, we'll we will reverse the Account account credit and you will still owe us the amount of the payment, which will continue to incur interest, if applicable, until paid. Applying your payments. Any payments we receive up to and including the amount of your minimum payment will be applied in the following order: • First, to any interest charges shown on your monthly statement; • Second, to any fees shown on your monthly statement; • Third, to any fees which have been charged to your account but have not yet been shown on a monthly statement; and • Fourth, to any remaining balances shown on your monthly statement. Within each of the above categories, if there are different annual interest rates that apply, the payment will be applied first to the balance with the lowest annual interest rate, and then to the other balances in ascending order, based on their applicable annual interest rates. If you pay more than your minimum payment, your excess payment will be applied to the remaining balance on your monthly statement as follows: • First, we divide all the unpaid transactions shown on your monthly statement into groups. Transactions that share the same interest rate are placed into the same group. • Second, we pro-rate your excess payment to those different interest rate groups. This means that the per cent of your excess payment we apply to a group is the same per cent that the balance in that group represents of the total remaining new balance. For example, if the balance in an interest rate group represents 60% of your total remaining new balance, we will apply 60% of your excess payment to that group. If you pay more than your new balance, your excess payment will be applied to transactions that have not yet appeared on a monthly statement, using the same payment allocation method described above. Telling us about changes to your contact information. You must tell us if the email, mailing, and/or residential address or phone numbers we have on file for you change. As set out in this agreement, different terms may apply to your account depending on your province of residence. If you change your province of residence, you agree that we may take up to ninety (90) days after you notify us of the change to apply any different terms to your account. You further agree that any different terms that apply as a result of the change to your province of residence will not apply retroactively. If we send a statement or a notice to you that’s returned because of an invalid address, we won’t issue further statements or notices to you until we receive a correct address. We may choose to restrict the use of your account, including access to online banking, until we’ve received the updated information. There are certain items, like cards, which we may refuse to mail to an address that isn’t in Canada. Resolving disputes about transactions. If you have problems with anything you buy using your card or account number, you must pay the amount owing on your account and settle the problem directly with the merchant. You may not stop payment on any transaction. In some circumstances, we may be able to provide assistance in resolving disputed transactions. If you wish to discuss a dispute, you may contact us at City Lending Centers at ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇. You must contact us within thirty (30) days of receiving your statement. If a merchant gives you a refund and we receive a credit note from the merchant, we’ll credit it to the account on the day we receive it. A merchant refund does not count towards your minimum payment. If you have outstanding balances on your account accruing interest at different rates, the merchant credit may not necessarily be applied against the item for which you received the credit. If we have charged you any interest on a purchase that was returned and for which a merchant credit was applied to your account, we may not refund this interest to you. Lost/stolen cards and unauthorized use of your account. You must take reasonable care to safeguard your card, account information and PIN against loss, theft or misuse. You must keep your PIN confidential and must never disclose your PIN to anyone. If we send you a PIN, you must memorize it and then destroy the document right away. You must not keep any written or electronic record of your PIN. If you choose a PIN, you must not use all or any part of a number or word that can be easily found or guessed, such as: • your or a relative’s name, birth date or telephone number; or • a number on any of your other cards, accounts or ID cards that you keep with or near your card. You must take reasonable steps to keep your account safe. At a minimum, this means you will: • sign and activate your card as soon as you get it; • never let a person use your card or your account; and • if you give your card details to a website or app, make sure other people can’t access that website or app to make purchases with your card details. You must contact us by telephone immediately if you see any unauthorized transactions, account number or card is lost or stolen, if you think someone discovers your PIN or if a person uses your account without your permission. You will not be responsible for unauthorized transactions made without a PIN, including if a card is lost or stolen. A transaction was unauthorized if: a person who is not a cardholder used the account without actual and implied consent AND no cardholder received any benefit from the transaction AND all cardholders complied with this agreement, including the requirements to keep your account and PIN safe. Subject to applicable law, you are responsible for a transaction and any resulting interest, fees and losses in the following situations: • The transaction was made after a cardholder did not comply with the PIN safety requirements in this section and before you told us that the card or PIN was lost or stolen (this includes transactions made using a PIN after the card was lost or stolen); • The transaction was made by a person that you allowed to use the account (this applies even if the person who made the transaction was a minor or did not follow any limitations set out by the cardholder); and • The transaction was made by someone identified as an authorized user. You agree to cooperate and help with any investigation that we initiate into unauthorized use before we’ll consider reimbursing you for any losses. If our investigation establishes that there was no unauthorized use, you’ll be fully liable for all amounts charged to the account before you notified us. Security funds. You must provide us with security funds in the amount indicated in the disclosure statement, which we hold as collateral for payment of amounts you owe to us under this agreement. By providing us with security funds and accepting the terms of this agreement, you agree that if you’re in default under this agreement, you authorize City Lending Centers to set off and apply those funds against your obligations under this agreement (whether or not then immediately due and payable). We can do all of this without notifying you or sending you a demand for payment. You also agree to the following: • The security funds do not constitute a deposit with City Lending Centers, and will be held in an account at a depository institution we select; • You’ll have no right to access or withdraw the security funds, except as described below; and • Any interest earned on the security funds will become our sole property. You represent that there are no lawsuits or bankruptcy proceedings that might affect our ability to withdraw and apply the security funds you provide, and you agree that you haven’t and will not transfer or offer any interest in the funds to anybody other than City Lending Centers. You acknowledge and agree that by executing this agreement, you expressly waive the right to receive a copy of any financing statement or financing change statement that may be registered in connection with this agreement or any verification statement issued with respect to a registration, if your waiver is not otherwise prohibited by law. We’ll return any remaining funds to you at your last known address in our records within sixty (60) days of closing of your account, and the payment in full of your obligations under this agreement, whichever comes last. Security funds may be returned by Interac e-transfer, or other electronic method of payment at our discretion. Power of attorney. You agree to execute, acknowledge and deliver all financing statements, certificates, further assignments, documents, transfers, instruments, security documents, acknowledgments and assurances and do all further acts and things as we may consider necessary or desirable to give effect to the intent of this agreement, or for the collection, disposition, realization or enforcement of the security funds or the security interests created by this Agreement. You constitute and appoint City Lending Centers as your true and lawful attorney, with full power of substitution, to do any of the foregoing or any other things that you have agreed to do in this agreement, whenever and wherever City Lending Centers may consider it to be necessary or desirable, and to use your name in the exercise of our rights under this agreement. This power of attorney is coupled with an interest and is irrevocable by you. Default & forfeiture of benefit of the term; Good standing. Your account will be in default under this agreement if you: • Fail to meet the terms of this agreement; • Become the subject of a bankruptcy or insolvency proceeding; • Provide any false or misleading information; or • Have legal action taken against your property. If you’re in default, we may: • Terminate, modify or restrict your rights under this agreement, which could include closing your account; • Demand that you immediately pay the balance of your account in full with interest at the applicable rate(s); or • Apply any balance that you have in any other account with us against the amount that you owe us under this agreement (whether or not then immediately due and payable), including any security funds in the security account. If you’re in default, you must also pay all legal fees reasonably incurred to collect or attempt to collect your debt. Restricting or closing your account. You can close your account at any time by contacting us. We can suspend or restrict the use of your card and account, reduce your credit limit or close your account at any time for any reason without notifying you first, even if you’re not in default. Restricting or closing your account doesn’t affect our rights to the security funds you have provided. If you close your account or we do, you must pay all amounts owing on your account, stop using your credit card and destroy all cards issued on the account. The terms and conditions in this agreement remain in effect until you pay the entire balance owing on your account or we notify you otherwise. Digital Commerce Bank’s disclaimer, indemnity and release. Your card (and any card issued to an authorized user under your account) is being issued to you by Digital Commerce Bank, but this Agreement is between you and City Lending Centers. City Lending Centers, and not Digital Commerce Bank, provides the credit card Account associated with your card. Under no circumstances will Digital Commerce Bank or its affiliates and their respective directors, officers, employees, advisors, contractors, agents and representatives (other than City Lending Centers) (the “Non-Parties”) be liable to you for any matter related to, or in connection with, your card, or any authorized user’s card, whether such matter involves you, any authorized user or any third party whatsoever. THE NON-PARTIES PROVIDE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING ANY MATTER IN CONNECTION WITH ANY CARD ISSUED UNDER THE ACCOUNT, INCLUDING ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. To the maximum extent permitted by law and regardless of the cause of action (for example, contract, tort or otherwise): (a) your sole remedies for any problems, complaints, issues, claims, costs, damages or losses in connection with a card issued under your account is to pursue remedies against City Lending Centers (and not the Non-Parties) in accordance with the process set out in this Agreement, and (b) you fully and irrevocably release the Non-Parties from any liability or responsibility for any and all problems, complaints, issues, claims, costs, damages or losses experienced or incurred by you, any authorized user or any third party related to or in connection with a card issued under your account no matter how caused. In addition, you hereby agree to fully indemnify and hold harmless the Non-Parties, against any problems, complaints, issues, claims, costs, damages or losses asserted by any party (other than City Lending Centers) related to, or in connection with, a card issued under your account. You and City Lending Centers hereby agree that the Non-Parties are each a third party beneficiary of this paragraph, and that City Lending Centers holds each of the rights, releases and disclaimers of Non-Parties set out in this paragraph as trustee in favour of each of the Non-Parties for that limited purpose. Changes to this agreement. At our sole discretion, we can change any section in this agreement. Any change to this agreement applies to both your outstanding and future debt. Where required by law, we’ll provide you with notice of any change in writing at least thirty (30) days before the change takes effect. Our notice will specify the date the change takes effect and will provide either the old section and the newly amended section, or just the newly amended section. You can always refuse to accept a change by closing your account before the change takes effect. Where required by law, our notice will indicate that you can close your account and refuse the change up to 30 days after the change takes effect. Termination of this agreement. You may terminate this agreement at any time by calling or writing us. When we receive your request, we will cancel all the cards on your account, but the termination will only take effect when you have repaid your full balance. We may terminate or suspend this agreement, your account or any cards at any time without notifying you in advance if your account is not in good standing or for any other reason. If this agreement or your account access is terminated or suspended, you will continue to be liable for the balance, including any transactions authorized before the termination or suspension AND any fees, interest and other increases to the balance which are posted to your account after the date of termination or suspens
Appears in 1 contract