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P.O. Box 60014 Thorncrest PO,
Etobicoke, Ontario, M9A 3L0
Tel: +1 (888) 427-6682 Fax: +1 (647) 931-9311
P.O. Box 60014 Thorncrest PO,
Etobicoke, Ontario, M9A 3L0
Tel: +1 (888) 427-6682 Fax: +1 (647) 931-9311
The Aya Prepaid Mastercard® is issued by Peoples Trust Company under licence from Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. This card may be used everywhere Mastercard is authorized to be accepted at Health & Wellness merchants. Use of this card constitutes acceptance of the terms and conditions stated in the Cardholder Agreement.
Copyright Aya Payments 2020
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Aya Payments, Inc., its subsidiaries and affiliates requires that all the visitors to our site(s) on the World Wide Web (the “Site”) adhere to the following Terms of Service, Rules, Regulations, and Disclaimers (collectively known as “Terms and Conditions”). By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions.
User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Aya Payments, Inc. and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Aya Payments, Inc. or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright and one or more pending patent applications and unless noted otherwise, is property of Aya Payments, Inc. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
This site may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (a “linked site”). Aya Payments, Inc. has no discretion to alter, update, or control the content on a linked site. The fact that Aya Payments, Inc. has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the internet, and Aya Payments, Inc. urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site. A linked site may contain malware, virus, or other harmful content and Aya Payments, Inc. is not responsible for monitoring the content of the linked site for any purpose including without limitation suitability for linking to, security, and content on the linked site.
All content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Aya Payments, Inc. does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Aya Payments, Inc., (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable law, under no circumstance will Aya Payments, Inc. be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The information, software, products and descriptions of services published on the site or a linked site may include inaccuracies or typographical errors, and Aya Payments, Inc. specifically disclaims any liability for such inaccuracies or errors. Aya Payments, Inc. does not warrant or represent that the content on the site is complete or up-to-date. Aya Payments, Inc. is under no obligation to update any content on the site. Aya Payments, Inc. may change the content on the site at any time without notice. Aya Payments, Inc. may make improvements or changes to the site at any time. You agree that Aya Payments, Inc., its affiliates and partners and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site, even if Aya Payments, Inc. is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Aya Payments, Inc. cannot and does not guarantee continuous, uninterrupted or secure access to the site.
As a condition to using the Site, you agree to the terms of our Privacy Policy, as the same may be updated from time to time. We understand that privacy is important to you, you agree that we may monitor, edit, or disclose your personal information in order to comply with any valid legal proceedings or government request, or as otherwise provided in the Terms of Service, Aya Payments, Inc. Privacy Policy and, where relevant, our Terms and Conditions documents. For more information, please see our Privacy Policy, which forms a part of these Terms of Service and is incorporated by reference.
Except as required by law and in accordance with the Aya Payments, Inc. Privacy Statement (aka “Privacy Policy”), Aya Payments, Inc. will make reasonable efforts to maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to Aya Payments, Inc. Postings by a user on any message board or in any chat room will not be protected as confidential and Aya Payments, Inc. may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by Aya Payments, Inc. User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. Aya Payments, Inc. is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Your dealings or correspondence with, or participation in promotions of, advertisers found on or through the Site (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence) are solely between you and such advertisers. Aya Payments, Inc. makes no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers. You agree that Aya Payments, Inc. will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such advertisers, (b) content, products or services of such advertisers, or (c) the presence of such advertisers on the Site.
Aya Payments, Inc. prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Aya Payments, Inc. reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Aya Payments, Inc. is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
All press releases and other materials presented or released to the financial community that are contained on the Site are deemed, to the best of Aya Payments, Inc.’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. Aya Payments, Inc. has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Site.
Aya Payments, Inc. is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Aya Payments, Inc. may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
● Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
● Advertisements or solicitations of any kind.
● Messages posted by users impersonating others.
● Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
● Messages by non-spokesperson employees of Aya Payments, Inc. purporting to speak on behalf of Aya Payments, Inc. or containing confidential information expressing opinions concerning Aya Payments, Inc.
● Messages that offer unauthorized downloads of any copyrighted or private information.
● Multiple messages placed within individual folders by the same user restating the same post.
● Chain letters of any kind.
● Any other Postings deemed inappropriate by Aya Payments, Inc. in its sole discretion.
User acknowledges and agrees that by providing Aya Payments, Inc. with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Aya Payments, Inc.’s standard business practices. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Aya Payments, Inc. is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Aya Payments, Inc. reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations. Aya Payments, Inc. may indicate that changes to these Rules and Regulations have been made by updating the date indicated after “Last Modified” at the end of these Rules and Regulations, but is not obligated to do so.
Aya Payments, Inc. reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Aya Payments, Inc. reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect users’ preferences. The Aya Payments, Inc. Privacy Statement provides additional information regarding Aya Payments, Inc.’s use of cookies as well as procedures for disabling cookies.
The following are trademarks and service marks of Aya Payments, Inc., its subsidiaries and/or affiliates which may appear on Aya Payments, Inc. Web sites. This is not a comprehensive list.
These “Terms of Service” are effective as of September 25, 2020 (PCS ID 8745).
Welcome to the Aya Payments Inc., (hereinafter “we”, “us”, “our”) Privacy Policy. This Privacy Policy demonstrates the commitment from us to your privacy and discloses the information – gathering and privacy practices employed by us in connection with providing you with your use of the website, www.ayacare.com (the “Site”), and the Aya Prepaid Mastercard® (collectively known as the “Services”). By visiting the Site, you agree to be bound by the terms of this Privacy Policy. If you feel that we are not abiding by this posted Privacy Policy, you should contact us by using the methods listed below under the heading CONTACTING US at the Site.
We collect the data that you may volunteer to share with us while using our Services, including without limitation, personal and business data when you register for Services, information about your transactions with us, alternate contact information, a password which is used to protect your account from unauthorized access and other information from your interaction with the Site and transactions while utilizing our Services.
For business plan administrators, personal information, business information, financial information, and financial data will be collected as a prerequisite to registered users being authorized to use the Services to open an account. The collection of business information may include, but is not limited to, your business name, business identification number (BIN), business address, business telephone number, business related documentation, and telephone number, or email address. In addition, you will be required to provide personal information including, but not limited to: name, personal address, date of birth, and other similar information. Additional information will be requested at account opening and may be requested throughout the life of the account relationship to meet regulatory and legal requirements. If you choose to provide us with personal information, business information, financial information, and financial data, you consent to the transfer and storage of that information on our servers located within Canada. Information disclosures, which are mandatory in order for you to use Services from us, will be designated as such.
We collect, use, and otherwise process personal information, business information and financial data about you for the following purposes: (i) to enable you to access and use the Site; (ii) to comply with regulatory requirements; (iii) to maintain your Aya Mastercard Account; (iv) to process your fund transfers and transactions; (v) to enable us to provide any other Services which you have requested through use of the Site; (vi) to personalize aspects of our overall service to you; (vii) to provide customer support that you request, resolve disputes, collect fees and troubleshoot problems; (viii) to prevent potentially prohibited or illegal activities and enforce the applicable member Services Agreement; (ix) to measure and improve our Services, content, and advertising; and (x) any other reasonable need to use such information for the purposes of managing the Aya Mastercard program and provide related Services.
To help the government fight the funding of terrorism and money laundering activities, the Department of Justice of Canada, a Federal branch, requires all financial institutions to obtain, verify, and record information that identifies each business that opens an account and the personal information of its owners or representatives. When applying for an account, Aya Mastercard we will collect and store details about the personally identifiable information about the business owner and/or administrators and/or authorized users such as: name, address, date of birth, and other information that will allow Aya Mastercard to confirm identity. Aya Mastercard may also ask for details about the business owner’s, administrators’ and/or authorized user’s identifying information.
“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive, that allow us to identify you and link you to your Aya Mastercard Account. If you choose not to accept our cookie, we will not be able to store your Aya Mastercard username, session data or other information for subsequent log-ins or future use.
You can access the Site home pages and browse the Site home pages without disclosing your personal information.
The information we collect may be shared on an aggregate and statistical and/or personally identifiable basis with Authorized Third Parties (credible third parties collaborating with us, who have been presented with and agreed to be bound by our Privacy Policy). To the best of our knowledge, Authorized Third Parties do not release this information, other than for transactional purposes, or utilize it for any promotional activities. We utilize the services of Authorized Third Parties, for example, the Aya Prepaid Mastercard Issuing financial institution. It may be necessary to disclose customer information to such Authorized Third Parties in order to provide the Services.
Aside from sharing your information with Authorized Third Parties in order to provide the Services, as discussed above, we do not provide your personal information to any third party without your permission. Additionally, we do not share your individual buying habits with third parties. We may provide general statistics to third parties in order to assess the market for the Aya Mastercard.
We have no responsibility for the privacy policies and other aspects of websites that we link to, including the content of those websites and any cookies those websites might deposit on your hard drive. Third parties have their own privacy policies over which we exercise no control. Before providing personal information to third parties, you should refer to each third party’s privacy policy for complete information about the collection and use of personal information on their website. Each third party’s privacy policy, and not this Privacy Policy, governs how information that you provide directly to them is used.
In the event you enter your personal information into fields requesting additional information or offers or otherwise affirmatively elect to receive such information or offers, you agree to and authorize the delivery of automatic updates and/or marketing materials from Aya Mastercard and/or Authorized Third Parties to you. In the event you wish to later opt out of receiving such information or offers, please contact us using the methods listed below under the heading CONTACTING US. Please allow several weeks for your opt-out request to take effect. Please understand that even if you choose to opt-out, we may continue to share your non-public personal information with Authorized Third Parties and certain non-affiliated third parties as permitted by applicable laws and regulations.
Your personal data will only be disclosed (i) to government agencies and authorities where required by applicable laws or other regulations; (ii) to enforce our Aya Mastercard Account or the terms of this Privacy Policy; (iii) to detect, prevent or address issues relating to fraud, security breaches or other technical issues; or (iv) to protect against imminent harm to the rights, property or safety of Aya Mastercard or other parties as may be required or permitted by applicable laws or regulations.
Keeping your personal information secure is very important to us. All of our employees, data processors and co-hosting facilities who have access to and are associated with the processing of unencrypted personal data are obligated to take reasonable efforts to respect the confidentiality of your personal data and have agreed to be bound by the terms of the Privacy Policy and such other confidentiality and security measures as we determine necessary. We will take appropriate and up to date measures to the best of our abilities to protect your personal information. However, no data transmission over the Internet can be guaranteed to be totally secure, and third parties may unlawfully intercept or access transmissions or private communications. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you send to us, and therefore you do so at your own risk.
You are entirely responsible for maintaining the confidentiality of your username(s), passwords(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our agents, representatives and other authorized users, and each of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Privacy Policy, the Aya Mastercard account and the Services Agreement (if applicable), or claims arising from your Aya Mastercard account(s). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
This website may contain advertisements and links to other sites. Aya Mastercard is not responsible for the content or privacy policies or practices of any advertisers or linked sites or for the content, privacy policies or practices of any third parties, including without limitation the Aya Mastercard issuing financial institution. To the extent that you disclose personal information to any advertisers, linked sites or other third parties, which are featured on our site, different rules may apply to their use or disclosure of personal information, and we encourage you to review their privacy policies before disclosing personal information to them.
Our Site and the Aya Mastercard features and Services may change over time and our information-gathering practices and policies may also change. While our philosophy of protecting user information from inappropriate uses and disclosures will not change, this Privacy Policy will be updated occasionally to include any change that materially affects the collection, maintenance, use, or disclosure of personal information.
Other changes to this Privacy Policy that reflect refinements, improvements, updates, and new features will be made as appropriate and posted as soon as possible. Whenever the Privacy Policy changes, we may modify the date of the Privacy Policy to reflect that a change was made.
You may request in writing any personal information about you that we hold, or correct or amend information about you if it is inaccurate, using the methods listed below under the heading
This website is intended for use by adults only. Aya Mastercard does not knowingly collect or use information from children.
We follow the same privacy policies and practices for our former customers as are described in this Privacy Policy.
For all customer service information regarding the Aya Prepaid Mastercard, please contact:
+1 (888) 427-6682
Or
Or
Aya Payments, Inc.,
P.O. Box 60014
Thorncrest PO,
Etobicoke, ON., M9A 3L0
This Privacy Policy is effective September 25, 2020 (PCS ID 9628). Aya Prepaid Mastercard® is issued by Peoples Trust Company under licence from Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
Note: This E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Aya Prepaid Mastercard® (“Aya Mastercard”) and any related products and services (“E-Communications”). This Disclosure supplements and is to be construed in accordance with the terms contained in the Cardholder Agreement (“Agreement”) The words “we,” “us,” and “our” refer to Aya Payments, Inc. The words “you” and “your” mean you, the individual(s) identified on the Card Account. As used in this Disclosure, “Card Account” means the Aya Mastercard Account you have with us.
When you use a product or service to which this Disclosure applies, you agree that we will provide you with any communications or disclosures in electronic format only, and that we may discontinue sending paper communications and disclosures to you, unless and until you withdraw your consent to E-Communications as described below. Your consent to receive E-Communications includes, but is not limited to:
● All legal and regulatory disclosures and communications associated with Aya Mastercard and any related products and services.
● Your Cardholder Agreement and any Notices about a change in the terms of your Cardholder Agreement.
● Privacy policies and notices.
● Error Resolution policies and notices.
● Responses to claims filed in connection with your Card Account.
● Notices regarding insufficient funds or negative balances.
All E-Communications that we provide to you will be provided by posting such E-Communications on our website at www.ayacare.com
You may withdraw your consent to receive E-Communications at any time by sending us an email at support@ayacare.com or sending a letter to: Aya Payments, Inc.,
P.O. Box 60014, Thorncrest PO, Etobicoke, ON., M9A 3L0. If you do withdraw your consent, we will send subsequent Communications to you in writing to the most current mailing address we have for you in our records. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive E-Communications will be effective only after we have a reasonable period of time to process your withdrawal of consent. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
It is your responsibility to provide us with a true, accurate and complete e-mail address, your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by: 1) Logging into your account at www.ayacare.com ; 2) Calling the toll-free number, 1-(888) 427-6682; or 3) By sending us an email at support@ayacare.com.
In order to access, view, and retain Electronic Communications that we make available to you, you must have an Internet connection. You will need to use an Internet web browser which is capable of supporting 128-bit SSL encrypted communications, which requires a minimum web browser version of either Microsoft® Internet Explorer version 11.0, Mozilla Firefox, Chrome, or Safari. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements. Javascript and cookies must also be enabled. You will also need a printer capable of printing text screens or a hard drive capable of storing data.
We will not send you a paper copy of any Communication unless you request it, or we otherwise deem it appropriate to do so. You can obtain a paper copy of an ElectronicCommunication by printing it yourself from www.ayacare.com or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the E-Communication to you. To request a paper copy, you may: 1) Log into your account at www.ayacare.com 2) Call the toll-free number, 1 (888) 427-6682 or 3) Send us an email at support@ayacare.com . We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any required disclosure or communication that you have authorized us to provide electronically.
All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other E-Communication that is important to you.
You acknowledge and agree that your consent to E-Communications is being provided in connection with the federal Personal Information Protection and Electronic Documents Act (PIPEDA) This Agreement will be governed by and interpreted in accordance with Canadian law. The courts in the Canadian province or territory in which you reside will have exclusive jurisdiction over any disputes arising in connection with the Account or this Agreement.
We reserve the right, in our sole discretion, to discontinue the provision of your E-Communications, or to terminate or change the terms and conditions on which we provide E-Communications. We will provide you with notice of any such termination or change as required by law.
For all customer service information regarding the Aya Prepaid Mastercard, please contact:
1 (888) 427-6682
or
Aya Payments, Inc.,
P.O. Box 60014
Thorncrest PO,
Etobicoke, ON., M9A 3L0
This Agreement is effective September 25, 2020 (PCS ID 10435) Aya Prepaid Mastercard card is issued by Peoples Trust Company under licence from Mastercard International Incorporated. Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
Please read this Agreement carefully and retain a copy for your records.
The following terms and conditions apply to your use of the Aya Prepaid Mastercard Card.
By signing and/or using the Card, you are agreeing to these terms and conditions and fees outlined below.
Information disclosure summary (detailed terms and conditions will follow):
Card issuer: This card is issued by Peoples Trust Company under licence by Mastercard International Incorporated.
Card information and balance: To obtain the expiry date of the Card, if you have questions regarding the Card Balance, or to log a complaint, you may call customer service at 1-888-427-6682 or visit www.ayacare.com for free.
Card restrictions:
● Cardholders are restricted to one Card per person.
● Use of the Card in certain countries may be restricted by law.
● You may not use your Card to commit or facilitate illegal activity.
● You can only use your Card at Health & Wellness Merchants that accepts Mastercard.
● The Card does not have any ATM or cash-back at POS functionality.
● Only the Program Sponsor may add funds to the Card.
● You do not have the right to stop the payment of any transaction you conduct with the Card.
● The Card may not be cancelled by you unless otherwise directed in this Agreement or by Applicable Law.
● Regular pre-authorized debit (PAD) transactions, where you authorize a company or organization to withdraw funds from the Card, are not permitted. All PAD transactions will be rejected and Peoples Trust Company will not be liable for any costs incurred by you as a result.
● The Card is subject to certain limits, as set out below. Peoples Trust Company may change these limits in accordance with Applicable Law and will post notice on www.ayacare.com at least thirty (30) days in advance of the date such change is to come into effect. The change will take effect on the date indicated in the notice. Your continued use of the Card, after the change to the limits has come into effect, will be taken as your acceptance of that change.
| Limits Maximum Card Balance$250,000.00Maximum daily spend at point-of-sale$10,000.00Maximum number of point-of-sale- transactions / day100 |
Please also note: The Card may be deactivated at any time if fraud, related to the Card or use of the Card, is suspected.
Card expiry and access to funds: The Card has an expiry date printed on the front. Funds will expire on the last calendar day of the printed month shown on the Card. After expiry, the Card will be void. All remaining funds will automatically transfer to your newly issued card.
Fees: The table below sets out the fees that may be imposed upon the Card. You acknowledge being advised of the fees and agree to pay all fees charged under this Agreement.
| Fees†Foreign exchange chargeA minimum of $5.00 or 3%Out of Pocket Repayment– Payable by Bank to Bank Transfer$2.99 per transfer† Subject to change. See terms and conditions below for details.Funds loaded onto the Card are not insured by the Canada Deposit Insurance Corporation (CDIC). |
Lost or stolen Card or PIN: Your card may have requirements for a Personal Identification Number (PIN). You can set your PIN within the Aya mobile application. You must take all reasonable steps to protect the Card and/or PIN against loss, theft, or unauthorized use. You should not maintain a written record of, or disclose the PIN to a third party, including family members and friends. If you lose the Card and/or PIN or you become aware that the PIN may have become known to someone else, you must call customer service immediately at 1-888-427-6682 Avoid PIN combinations that may be easily guessed by others. All transactions carried out on the Card before you notify us will be considered to have been made by you.
If your card has been disabled, please call customer service for assistance.
Split tender transactions: If the Balance on the Card is insufficient to cover the full Transaction Amount, you may request the merchant to conduct a split tender transaction, which is where you use the Card as partial payment of the Transaction Amount and then pay the remainder of the amount with another form of payment (e.g. cash, cheque, credit or debit). If you fail to inform the merchant that you would like to complete a split tender transaction prior to swiping the Card, the Card may be declined. Some merchants may require payment for the remaining Balance in cash. Merchants do not have to and may not agree to accept split tender transactions.
Personal Information: By accepting the Card, you consent to the collection, use, disclosure and retention of your personal information by Peoples Trust Company and its service providers as described below. The collection of that information is necessary for the entering into and performance of this Agreement. Therefore, if you do not consent to the collection, use, disclosure and retention of your personal information, you may not accept or use a Card.
| Key Cardholder Responsibilities under this Agreement:● You must take all reasonable steps to protect the Card (and PIN, if applicable) against loss, theft, or unauthorized use. If you lose the Card (or PIN), you must call customer service immediately.● You must activate and/or sign the Card as instructed upon receipt of the Card.● You must surrender the Card to us immediately upon request by us.● You must ensure that there is a sufficient Balance on the Card to cover the full amount of transactions made with the Card.● If your information, associated with the Card, changes, you must notify us of the change(s).● If you become aware that your information, associated with the Card, is incorrect, you must notify us of the correct information.● If you find an error in any transaction record, you must communicate the error to the merchant with whom you made the transaction.● If you wish to dispute a transaction on your Card, you must notify us in writing of your dispute within sixty (60) days of the transaction date.● You must only use our online resources as set out in ‘Website and Availability’, below. |
Detailed Terms and Conditions:
Definitions:
● ‘Agreement’ means this Aya Prepaid Mastercard Cardholder Agreement between Peoples Trust Company and the Cardholder and all documents that are expressly referred to herein, which govern your use of the Aya Prepaid Mastercard.
● ‘Amendment’ refers to any change to a term or condition of this Agreement or to the addition of a new term or condition, including increasing or adding new fees.
● ‘Applicable Law’ means the Trust and Loan Companies Act (Canada), the Personal Information Protection and Electronic Documents Act (Canada), the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), Canada’s Anti-Spam Legislation (CASL), PCI DSS or any other statute, regulation or operating rule of any Governmental Authority or any other regulatory authority that Peoples Trust Company and the Program Sponsor are subject to, or any bylaw, operating rule or regulation of Mastercard.
● ‘Balance’ means the amount of the funds that are loaded onto the Card.
● ‘Canada’s Anti-Spam Legislation (CASL)’ means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada), and its regulations, as may be amended from time to time.
● ‘Card’ refers to the Aya Prepaid Mastercard Card activated, signed, or used by the Cardholder.
● ‘Cardholder’ means you or any other individual who has received, activated, signed or used the Card.
● ‘Foreign exchange charge’ means the foreign exchange service charge of 3%.
● ‘Governmental Authority’ means any federal, provincial, territorial, regional, municipal or local governmental authority, quasi-governmental authority (including the Office of the Superintendent of Financial Institutions), government organization, court, commission, board, professional agency, tribunal, organization, or any regulatory, administrative or other agency, or any political or other subdivision, department, or branch of any of the foregoing, in each case to the extent it has jurisdiction over Peoples Trust Company and/or the Program Sponsor or any Person, property, transaction, activity, event or other matter related to this Agreement. The above definition is deemed to include any interim or permanent transferee or successor of a Government Authority’s underlying mandate, function or activity.
● ‘Health & Wellness Merchants’ means those merchants that are labelled by Mastercard under their merchant commodity code as a provider of goods or services for health and wellness items.
● ‘Mastercard’ means Mastercard Incorporated, and its successors and assigns.
● ‘Mastercard Conversion Rate’ means the rate that we pay to Mastercard to convert foreign currency to Canadian currency plus the Foreign exchange charge.
● ‘Mobile Application’ refers to the Aya application available through iOS or Android devices.
● ‘Aya for health spending account (HSA)’ is a tax-free Defined Contribution offered to you by your employer and adheres to Canadian Revenue Agency guidelines. All transactions will be audited for accuracy, and any items found to be non-eligible will require that you reimburse your account directly (bill pay) or indirectly (future monthly contributions will cover past transactions that were deemed to be non-eligible).
● ‘Aya for wellness spending account (WSA)’ is a Defined Contribution offered to you by your employer and adheres to Canadian Revenue Agency guidelines in accordance with taxable benefits. All transactions will be audited for accuracy, and any items found to be non-eligible will require that you reimburse your account directly (bill pay) or indirectly (future monthly contributions will cover past transactions that were deemed to be non-eligible).
● ‘PCI DSS’ means a multifaceted security standard defined by Payment Card Industry Security Standards Council and includes requirements for security management, policies, procedures, network architecture, software design and other critical protective measures.
● ‘Plan Administrator’ means the individual of a company authorized to administer Aya. The administration includes (but not limited) to adding or removing employees, paying invoices, looking up health and wellness merchants in a particular geographical area.
● ‘POS’ means point of sale, where you can use the Card to purchase goods or services from a merchant.
● ‘Transaction Amount’ is the amount that is debited from the Balance in connection with the Cardholder’s use of the Card to purchase goods or services, which includes the amount of the Balance to be transferred, the Card service charges and the taxes imposed to complete the transaction.
● ‘we’, ‘us’, ‘our’ and ‘Peoples Trust’ mean Peoples Trust Company, and our successors, subsidiaries, affiliates or assignees.
● ‘Website’ means www.ayacare.com
● ‘you’, ‘your’, and ‘yours’ each mean the Cardholder.
Acceptance: This Agreement constitutes a binding agreement between you and us with respect to the terms of use of the Card.
The Prepaid Mastercard Card: The Card is a prepaid Mastercard that can be used only at Health & Wellness Merchants that accept Mastercard, including mail order, online, telephone and point of sale retail merchants, subject to the terms of this Agreement.
Activating the Card: The Card cannot be used for any purpose until it has been activated, and signed by you on the back of the Card where indicated. Whether or not the Card has an activation sticker adhered to the Card face, you must sign the back of the Card.
Ownership and Use of the Card: The Card can be used to pay the full amount of the purchase and applicable taxes, so long as the Balance remaining on the Card is sufficient. The Card is, and will remain, our property. The Card is not a credit card, charge card, or debit card and its usage will not enhance nor improve your credit rating. No interest dividends or other earnings or returns will be paid on the Card. Neither the Card nor the Balance is a deposit account. You have no right to write cheques on, or demand repayment of, the outstanding Balance on the Card, but are strictly limited to the right to use the Card, in accordance with this Agreement, as payment for goods and services from merchants who accept Mastercard.
When you use the Card to make a purchase, the amount of the purchase, plus any applicable fees and taxes, will be deducted from the available Balance associated with the Card. If you use the Card for card-not-present transactions (such as online, mail or telephone purchases), the legal effect is the same as if you used the physical Card.
You will be solely and completely responsible for the possession, use and control of the Card. You must surrender the Card to us immediately upon request by us. The Card is provided to you, the Cardholder, only. You may not sell or assign the Card to a third party. If you authorize another person to use the Card you agree, to the extent permitted by law, that you will be liable for all transactions arising from use of the Card by such person.
You agree that we are not required to verify the signature on any sales draft prepared in connection with a transaction on the Card, and we may authorize and process a transaction even if the signature on the sales draft is different than the signature on the Card. You do not have the right to stop the payment of any transaction you conduct with the Card. We are not liable to you for declining authorization for any particular transaction, regardless of our reason. We may, in our sole discretion, cancel or suspend any features or services of the Card at any time, with or without cause, with thirty (30) days’ notice to you or as otherwise required by Applicable Law.
Information About Balance: It is your responsibility to ensure that there is a sufficient Balance on the Card to cover transactions. To obtain the current Balance amount, or the transaction history, you may call customer service toll-free at 1-888-427-6682 or visit the Website or by downloading the Aya Mobile Application on iOS or Android. The Card Balance will reflect all transactions that have been posted to our system. You are not allowed to exceed the Balance available on your Card for any transaction.
If you attempt to use the Card when there is insufficient Balance available to cover the full Transaction Amount, the transaction in most instances will be declined. However, if due to a systems malfunction or for any reason whatsoever, a transaction occurs despite insufficient Balance on the Card, creating a negative amount, you agree to reimburse us, upon request, for the amount of the Transaction Amount in excess of the Balance.
Transactions Made in Foreign Currencies: We convert transactions, made in a foreign currency, to Canadian dollars using the Mastercard Conversion Rate in effect on the day the transaction is posted to the Card. The Mastercard Conversion Rate in effect on the posting date may differ from the rate in effect on the date of the transaction.
However, if a foreign currency transaction is refunded to the Card, the Mastercard Conversion Rate used to convert your refund to Canadian dollars for the Card is the rate that we pay to Mastercard minus the Foreign exchange charge. Additionally, the rate that we pay to Mastercard may not be the same as the rate that existed on the date the transaction was refunded. For these reasons, the amount that is credited to the Card for a refund of a foreign currency transaction will, in most cases, be less than the amount that was originally charged to the Card for that transaction.
Protection Against Loss, theft, or Unauthorized Use: If the Card is lost or stolen, you can immediately suspend your Card using the Website or Mobile Application. You can also call the customer service toll-free number at 1-888-427-6682 during regular business hours from 9am ET – 5pm ET Monday to Friday to report your card lost or stolen or has unauthorized usage. You will be asked to provide us with the name on the Card and the Card number, and to answer an identifying question drawn from your personal information. If you lose the Card, someone might be able to use the Balance on the Card. The Card can be used without a PIN to make purchases online.
We will transfer any remaining Balance onto a replacement card after we have processed all transactions completed before we had an opportunity to act on your information.
A replacement Card with any remaining Balance will be issued within ten (10) days after you report the Card lost or stolen to ensure that all transactions have been processed properly.
You agree, to the extent permitted by Applicable Law, to cooperate with us in our attempts to recover from unauthorized users and to assist in their prosecution.
The MasterCard Zero Liability Policy applies to purchases made in-store, via telephone, online, or from a mobile device. As a cardholder, you will not be held responsible for unauthorized transactions if:
(i) you have exercised reasonable care in protecting the Card from loss or theft, and
(ii) you promptly reported the loss or theft of the Card to Peoples Trust.
If these conditions are not met you will be liable for all unauthorized transactions completed before you reported the loss of theft of the Card to Peoples Trust. Verification of a Zero Liability claim can take up to one hundred and twenty (120) days once all the required forms and/or documents have been received and confirmed by Peoples Trust, and may require a police investigation.
Notification and Changes to Terms: Subject to the limitations of Applicable Law, we may from time to time amend any term or condition of this Agreement or add a new term or condition, including increasing or adding new fees. As required by Applicable Law, notice of any Amendments will be sent to you at the most recent mailing or email address that we have on record for you. We must, at least thirty (30) days before the Amendment comes into force, send you a written notice drawn up clearly and legibly, setting out the new clause(s) only, or the amended clause(s) and the clause(s) as it (they) read formerly, the date of the coming into force of the Amendment and your rights set forth below.
You may refuse the Amendment and rescind this Agreement without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than thirty (30) days after the Amendment comes into force, if the Amendment entails an increase in your obligations or a reduction in our obligations. If you choose to rescind this Agreement, the Cancellation section of this Agreement will apply. Notification of any Amendment will also be posted on the Website at least sixty (60) days in advance of the effective date of the Amendment, unless otherwise required by Applicable Law. The change will take effect on the date indicated in the notice. You are responsible for (i) informing us of any change in your mailing or email address, by contacting customer service at 1-888-427-6682 or by updating your personal information within the website or Aya mobile app, and (ii) for checking the Website for Amendment details. Notice will be deemed to be received by you the next business day after electronic mail.
You may notify us by delivering notice to the Program Sponsor or sending notice to us at the Website (other than notification of a lost or stolen Card, which may only be done by telephone as set out above). Notice will be deemed to be received on the date of delivery of notice to us or the Program Sponsor, as applicable, and the next business day after electronic mail.
Personal Information Consent: By accepting the card from your employer, you consent to the collection, use, disclosure and retention of your personal information by us and our service providers for purposes relating to your application for a Card and your use of a Card (if issued to you) and as otherwise described below. The collection of that information is necessary for the entering into and performance of this Agreement. Therefore, if you do not consent to the collection, use, disclosure and retention of your personal information, you may not apply for or use a Card. As explained below, you may withdraw your consent at any time by cancelling your Card and all related services from us. The restrictions and requirements described herein do not apply to information that is aggregated or otherwise de-personalized and does not identify you.
Safeguarding Your Personal Information: 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.
Collecting your Personal Information: We and our service providers will collect information about you (e.g. your name, address, telephone number and date of birth) when you apply for a Card and, if a Card is issued to you, we and our service providers will collect information about you and your use of the Card and related services, including information about your Card transactions (e.g. the date, amount and place of each transaction) (all collectively “Cardholder Information”). We and our service providers will collect your Cardholder Information directly from you and from other sources, including the Program Sponsor and 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 will use, disclose and retain your Cardholder Information to process your application for a Card (including to verify your identity) and, if a Card is issued to you, to provide you with services relating to your Card (including to administer your Card and to process your Card transactions), to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, 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 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 Canadian regulations to safeguard Cardholder Information.
We and our service providers 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 will use and rely on your Cardholder Information to issue and administer your Card and provide related services. We and our service providers will rely on you to ensure that your Cardholder Information is accurate, complete and up to date. You will promptly inform us (by contacting Customer Service at 1-888-427-6682 of any changes to your Cardholder Information or if you discover any errors in your Cardholder Information. You may communicate with us through our customer service number [or the Website] 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 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 dialling systems) and instant messaging, regarding your Card and related matters, regardless of whether you incur any long distance or usage charges as a result.
We and our service providers 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.
Other Uses of Your Personal Information: In addition to the foregoing, if you consent to a Program Sponsor or other 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 Program Sponsor or third party, the marketing or promotional messages that they send to you, or any other wrongful act or omission by the Program Sponsor or 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 Card and all related services from us, contact Customer Service at 1-888-427-6682. If you withdraw your consent, we will continue to collect, use, disclose and retain your Cardholder Information for as long as may be reasonably required to perform services relating to the cancellation of your Card, to protect against fraud and for legal compliance purposes, to perform and enforce this Agreement, to protect and enforce our legal rights and for other purposes required or permitted by Applicable Law.
Peoples Trust Company’s Privacy Policies: 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/.
Disputes: If you believe a transaction on your Card account is incorrect, you must notify us of your dispute within sixty (60) days of the transaction date. Notification can be completed via email at disputes@ayacare.com , or by calling 1-888-427-6682, or by sending us written correspondence to
Aya Customer Service
PO BOX 60014 Thorncrest PO
Etobicoke, ON., M9A 3L0
Following your notification, a dispute form will be sent to you via email. You will need to complete and submit the dispute form within ninety (90) days of the original transaction date. Completed dispute forms may be returned via email to disputes@ayacare.com or by mail to the address above. Please note that this form must be received within ninety (90) days of the date of the disputed transaction or you will have been deemed to have accepted such transaction.
If you identify an error in any transaction record, you must address such error with the applicable merchant. If there is any dispute in regard to purchases you make using the Card, you agree to settle such disputes with the merchant from whom the purchase was made. Please ask the merchant for any return policy that may apply to purchases made with the Card. We are not responsible for any problems you may have with any goods or services that you purchase with your Card, whether with regard to quality, safety, legality, or any other aspect of your purchase. If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Balance on your Card in place of cash.
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, the Program Sponsor 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.
Complaints: If you have a complaint or inquiry about any aspect of your Card, you may first attempt to resolve the complaint or inquiry by calling our toll-free customer service number at 1-888-427-6682. If customer service is unable to resolve the complaint or inquiry to your satisfaction, you may call us at 1-855-694-6214 or submit your complaint or inquiry through the form found on the Website (http://www.peoplestrust.com/en/about-us/contact/). We will do our best to resolve your complaint or inquiry.
If for some reason we are unable to resolve the issue to your satisfaction, you may refer your inquiry or complaint to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. If the Cardholder has a concern regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, the concern may be communicated at any time to the Financial Consumer Agency of Canada, either in person, by letter, by telephone, or through its website at:
Financial Consumer Agency of Canada
427 Laurier Avenue West, 6th Floor
Ottawa, ON, K1R 1B9
Telephone: 1-866-461-3222
Our complaints policy can be found online at: http://www.peoplestrust.com/en/about-us/resolving-your-concerns/.
Cancellation: As an employee that has received the Aya Prepaid Mastercard, you may elect to withdraw from the Card program by calling 1-888-427-6682 and/or by notifying your employer plan administrator. Upon receipt of your request (and that of your employer), your prepaid Card and account will be terminated and all unspent funds will be returned to the employer. The employer continues to manage your health and wellness plan.
We may terminate this Agreement at any time, at which time you must immediately return the Card to us or as we direct, provided that if you are not in default of your obligations under this Agreement, we will notify you in writing at least sixty (60) days before the date of termination. We or our Program Sponsor will reimburse you any remaining Balance on the Card less outstanding fees. Despite any termination of this Agreement, you must fulfil all of your obligations under this Agreement.
No Warranty of Availability or Uninterrupted Use: FROM TIME TO TIME CARD SERVICES MAY BE INOPERATIVE, AND WHEN THIS HAPPENS, YOU MAY BE UNABLE TO USE YOUR CARD OR OBTAIN INFORMATION ABOUT THE BALANCE ON YOUR CARD. PLEASE NOTIFY US IF YOU HAVE ANY PROBLEMS USING YOUR CARD. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE.
Third Party Claims: In the event we reimburse you for a refund claim you have made, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Card. You agree that you will not pursue any claim against or reimbursement from such third party for the amount that we paid or credited to your Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited to you. If we do not exercise our rights under this section, we do not give up our rights to exercise them in the future.
Disclaimer of Warranties: EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability: EXCEPT AS EXPRESSLY REQUIRED BY THIS AGREEMENT OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED IN BAD FAITH. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES, FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH OUR EQUIPMENT OR SYSTEMS. ALSO WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER SERVICE FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL AND DIRECT DAMAGES. IN NO EVENT WILL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES.
Website and Availability: Although considerable effort is made to ensure that our Website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor will we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labour disputes and armed conflicts. We will not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses that may affect your computer or other equipment. You agree to act responsibly with regard to the Website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the Website’s systems and integrity.
Assignment: At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. If we do make such an assignment, then this Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns.
Entire Agreement: This Agreement sets forth the entire understanding and Agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersedes any prior or contemporaneous understandings or Agreements with respect to such subject matter.
Governing Law: The parties agree that any claim or action brought pursuant to this Agreement will be brought in the exclusive jurisdiction of the courts of British Columbia and this Agreement will be construed in accordance with and governed by the laws of the Province of British Columbia and the laws of Canada applicable therein.
Section Headings: Section headings in this Agreement are for convenience of reference only, and will not govern the interpretation of any provision of this Agreement.
Severability: If any of the terms of this Agreement are invalid, changed by Applicable Law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement will not be affected, and this Agreement will be interpreted as if the invalid terms had not been included in this Agreement.
Contact Information: If you have questions regarding the Card, or need to report a lost or stolen Card, you may call customer service at 1-888-427-6682 or write to:
Aya Customer Service
PO BOX 60014 Thorncrest PO
Etobicoke, ON., M9A 3L0
Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated.
Updated: September 25, 2020 (PCS ID 10090)