Legal Documents

Spend Privacy Policy

Effective date: 06/01/2018

We at Spend know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Online Privacy Policy. The Online Privacy Policy governs information we collect through our Services, as detailed below. Information collected in connection with your Final credit card is also subject to our Privacy Notice.

By using or accessing our website(s) and mobile application(s) (“our Services”) in any manner, you acknowledge that you accept the practices and policies outlined in this Online Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. This Online Privacy Policy, or its future variation, will continue to apply if your use of our Services is discontinued by either you or us.

Remember that your use of our Services is at all times subject to the Terms of Use, which incorporates this online Privacy Policy. Any terms we use in this Policy without defining them may be defined in the Terms of Use.

What does this Online Privacy Policy cover?

This Online Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services. Examples of Personal Information, include, but are not limited to: name, address, phone number, email address, social security number, income, Internet Service Provider (IP) address, and device type. The Online Privacy Policy does not apply to the practices of companies we don’t own or control, or people that we don’t manage.

We gather various types of Personal Information from our users, as explained in more detail below. We use this Personal Information internally in connection with our Services:

  • to personalize, provide, and improve our services,
  • to allow you to set up a user account and profile,
  • to contact you and allow other users to contact you
  • to fulfill your requests for certain products and services, and
  • to analyze how you use our

In certain cases, we may also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@spend.com.

Will we ever change this Online Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Online Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on www.spend.com, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of our Services, and you are still responsible for reading and understanding them. If you use our Services after any changes to the Online Privacy Policy have been posted, you agree to all of the changes. Use of information we collect now is subject to the Online Privacy Policy in effect at the time such information is collected.

What information do we collect?

Information You Provide to Us. We receive and store any information you knowingly provide to us. For example, you will provide information if you apply for credit online, such as by providing a social security number and your income. You may also provide information through the registration process or save information on your device or account settings such as your name, email address, and phone number. Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of our Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us improve our services. If you do not want to receive communications from us, please indicate your preference by support@spend.com.

Information Collected Automatically. Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, identification of your device, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on our Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies to you. Again, this Online Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve our Services – for example, this data can tell us how often users use a particular feature of our Services.

Information collected from other websites and our Do Not Track Policy.

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services.

Just like any other usage information we collect, this information allows us to improve our Services and customize your online experience, and otherwise as described in this Online Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using our Services and after you leave our Services.

Information shared on social media sites.

We provide experiences on social media platforms including, but not limited to, Facebook®, Twitter®, YouTube® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post on social media pages managed by us, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and privacy policies of those respective platforms. Please refer to their policies to better understand your rights and obligations with regard to such content.

Will we share any of the Personal Information we receive?

We may share your Personal Information with third parties as described in this section:

Information that’s no longer personally identifiable. We may anonymize your Personal Information so that you are not individually identified, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual.

Advertisers. We allow advertisers and/or merchant partners

(“Advertisers”) to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in San Francisco to show you ads or offers for San Francisco businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach.

We may deliver a file to you through our Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; please note that we don’t control whether or how these third parties comply with Do Not Track requests.

Service Providers. We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our service providers do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

User Profiles and Submissions. Certain user profile information, including your name, location, and any video or image content that such user has uploaded to our Services, may be displayed to other users to facilitate user interaction within our Services or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through our Services and other users can contact you through messages and comments.

Business Transfers. We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Our Protection or Protection of Others. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Use and other agreements; protect our rights, property, safety, employees, and users; or protect others.

Is Personal Information about you secure?

Your account, whether accessed by computer or a mobile device, is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device by signing off after you have finished accessing your account. By using our Services, you agree to notify us immediately if an unauthorized party accesses or uses your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can You access?

Through your account settings, you may access, and, in some cases, edit or delete the information you’ve provided to us.

The information you can view, update, and delete may change as our Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at support@spend.com.

 

What choices do you have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by contact support at support@spend.com. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

What if you have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to support at support@spend.com, and we will try to resolve your concerns.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS WHICH INCLUDE BINDING ARBITRATION; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR SERVICES IN ANY MANNER.

 

Spend Terms of Use

Effective date: 03/01/2018

Welcome to Spend.com. Please read on to learn the rules and restrictions that govern your use of our website(s) and mobile application(s) (“our Services”). If you have any questions, comments, or concerns regarding these terms or our Services, please contact us at support@spend.com.

These Terms of Use (the “Terms”) are a binding contract between you and Spend, Inc. (“Spend.com,” “we” and “us”). Your use of our Services in any way means that you agree and consent to all of these Terms, and these Terms will remain in effect while you use our Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use our Services. If you use our Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by us.

What about your privacy?

We take the privacy of our users very seriously. For our current Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for our Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@spend.com.

What are the basics of using our Services?

You may be required to sign up for an account, and select a password and user name (“Spend.com User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Spend.com User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use our Services and your parent or guardian has agreed to these Terms on your behalf).

You will only use our Services for your own personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws. If your use of our Services is prohibited by applicable laws, then you aren’t authorized to use our Services. We can’t and won’t be responsible for your using our Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. You agree to notify us immediately if an unauthorized party accesses or uses your account.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use our Services or interact with our Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including us);
  2. Violates any law or regulation, including any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your com account or anyone else’s (such as allowing someone else to log in to our Services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Runs Maillist, Listserv, any form of auto-responder or “spam” on our Services, or any processes that run or are activated while you are not logged into our Services, or that otherwise interfere with the proper working of our Services (including by placing an unreasonable load on our Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to our Services or Content (through use of manual or automated means);
  9. Copies or stores any significant portion of the Content;
  10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to our

A violation of any of the foregoing is grounds for termination of your right to use or access our Services.

Are you allowed to use our Services outside of the United States & Canada?

Yes our Services are directed to and are intended to be made available and for the use of all persons worldwide other than OFAC restricted countries which are prohibited to, or use by, any person in any OFAC restricted country or any jurisdiction where such distribution or use would be contrary to violate US sanction laws or regulations or that would subject us to any registration requirement within such jurisdiction or country. You acknowledge and agree that you will be responsible for ensuring that any activity undertaken by you or other authorized users in any jurisdiction and with any person in whole or in part is in compliance with any and all applicable laws, rules, regulations, ordinances or interpretations or other similar national and international requirements of the country, state and province in which you are accessing and using our Services.

If you are a person from within in the United States or International, you may use our Services when traveling internationally. You may not use our Services when traveling internationally if you are visiting a country that is subject to a U.S. Government embargo, U.S. Government sanctions, or that has been designated by the U.S. Government as a “terrorist supporting” country. You may also not use our Services in connection with any party on a U.S. Government list of prohibited or restricted parties. As detailed above, by using our Services you agree to not violate any law or regulation.

By accessing or using our Services from outside the United States, you agree to the transfer of your information to the United States. Please note that your credit card agreement with the issuer of the Spend.com card or us contains terms regarding international transaction fees and fees for transactions in foreign currencies.

Consult your card agreement for more information.

What licenses are you being granted to use our Services?

You are granted a non-exclusive, non sub-licensable, non- transferable, personal, limited license to use our Services only on a computer or mobile device that you own or control, solely for your personal use and as expressly permitted herein. Certain software that we use to provide our Services has been licensed from third parties (each a “Third Party Licensor”) that are not affiliated with us. This limited right to use our Services is revocable in our discretion and our Third Party Licensors retain all right, title, and interest to their software.

We have no obligation to correct any bugs, defects or errors in our Services. We also have no obligation to otherwise support, maintain, improve, modify, upgrade, update or enhance our Services.

The materials displayed or performed or available on or through our Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through our Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including our) rights.

You understand that we own our Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of our Services.

Our Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!

Do you have to grant any licenses to Spend.com or to other users?

Anything you post, upload, share, store, or otherwise provide through our Services is your “User Submission.” All licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information. Please also note that any User Submission on a third-party social media social media platform including, but not limited to, Facebook®, Twitter®, YouTube® and LinkedIn® is subject to the Terms of Use and Privacy Policies of those respective platforms.

Please refer to the policies of those platforms to better understand your rights and obligations in regards to such User Submissions.

For all User Submissions, you hereby grant us a license to translate, modify (for technical purposes, for example making sure your Content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate our Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.

If you store a User Submission in your own personal Spend.com account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant us the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing our Services necessary to do so.

You agree that the licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide, provided that when you delete your Spend.com account, we will stop displaying your User Submissions, but you understand and agree that it may not be possible to completely delete that Content from our records.

Finally, you understand and agree that we, in performing the required technical steps to provide our Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

What should you do if you believe there has been a violation of your intellectual property right?

DMCA Notice

If you believe that your intellectual property rights have been violated by something on our Services, please contact our Copyright Agent at Spend.com trademark@spend.com and provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of or a representative list of the work you believe has been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly

Do we recommend a particular mobile device or cell phone carrier?

We do not recommend, endorse or make any representation or warranty of any kind regarding the performance of any particular mobile device or any particular telecommunications carrier. We may identify a mobile device or telecommunications carrier as compatible with our Services, but this identification does not constitute a recommendation, endorsement, representation of performance, or warranty. You are responsible for the selection of your mobile device and for all issues relating to the operation, performance, and cost associated with such device. You are also responsible for the selection of your telecommunications carrier and for all issues relating to the operations, performance, and cost associated with such carrier.

When you use our Services who is responsible for what you see and do?

Any information or Content publicly posted or privately transmitted through our Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk. We aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through our Services. We can’t guarantee the identity of any users with whom you interact in using our Services and are not responsible for which users gain access to our Services.

You are responsible for all Content you contribute, in any manner, to our Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with our Services.

Our Services may contain links or connections to third party websites or services that are not owned or controlled by us. When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks.

We encourage you to be aware when you leave our Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

We have no control over, and assume no responsibility for, the Content, information, accuracy, privacy policies, practices or opinions expressed in any third party websites or by any third party that you interact with through our Services. In addition, we will not and cannot monitor, verify, censor or edit the Content of any third party site or service. By using our Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Will Spend.com ever change our Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of our Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of our Services. Similarly, we reserve the right to remove any Content from our Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Do our Services cost anything?

Our Services are currently free, but we reserve the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

Please note that while our Services, as defined above, are currently free, you may be liable for interest and certain fees for use of your credit card pursuant to your credit card agreement with the issuer of the Spend.com card or with us. Consult your card agreement for more information. Please also note that you may be charged by your telecommunications carrier for utilizing their communications network to access our Services. We are not responsible for any such charges or fees. Please consult the terms and conditions you have with your telecommunications carrier for more information.

What if you want to stop using our Services?

You’re free to do that at any time, by contacting us at support@spend.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

We are also free to terminate (or suspend access to) your use of our Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to our rights or property.

If you account is terminated by either you or us, these Terms of Use, and other Spend.com policies, will continue to govern the relationship between you and us.

Additional Terms

Warranty Disclaimer. AS-IS

Neither we nor our licensors or suppliers make any representations or warranties concerning any Content or information contained in or accessed through our Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through our Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through our Services are provided “AS IS” and without any warranty of any kind from us or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). OUR SERVICES AND CONTENT ARE PROVIDED

BY US (AND OUR LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR OUR LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR

  • ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH OUR SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO

Indemnity.

To the fullest extent allowed by applicable law, you agree to indemnify and hold us and our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of our Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment.

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration.

You agree that these Terms are governed by and will be construed under the laws of the State of Wyoming, without regard to the conflicts of laws provisions thereof. You also agree that any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Ontario, Canada in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Ontario, Canada. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND SPEND.COM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Loss of Service.

Our Services are provided “as is” and without warranty. You acknowledge and agree that from time to time, our Services may be delayed, interrupted or disrupted for an indeterminate period of time. Such events may include, without limitation: server updates, software updates, power outages, equipment malfunctions, natural disasters, attacks on infrastructure by hackers or terrorists, and interruptions or delays in transmission by your telecommunications carrier. We and our affiliates are not liable for any claim arising from any such delay, interruption, disruption or similar failure. In no event will we or our affiliate be liable for indirect, consequential or special damages, including lost profits, arising from your use of our Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.

Miscellaneous.

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with our Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Spend.com agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Spend.com, and you do not have any authority of any kind to bind us in any respect whatsoever. Except as expressly set forth in the section below regarding the Apple specific terms and conditions, you and Spend.com agree there are no third party beneficiaries intended under these Terms.

Apple Specific Terms and Conditions

In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the iPhone, iPad or iPod Touch compatible version of the licensed Spend.com Mobile Application (also called the “Licensed Application”).

This Licensed Application is an agreement between you and us. Our Licensed Application is available to our eligible consumer credit card members. Apple Inc. (“Apple”) is not a party to the Spend.com Mobile App Terms of Use agreement and does not own and is not responsible for the Licensed Application. Apple is not providing any warranty for the Licensed Application, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including, without limitation, any third party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the Licensed Application.

The license you have been granted herein is limited to a non- transferable license to use the Licensed Application on any iPhone, iPad or iPod Touch device that you own or control, as permitted by the Usage Rules set forth in the App Store℠ Terms of Service. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the Licensed Application, such as your wireless data service agreement.

You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Terms of Use agreement and that, upon your acceptance of the terms and conditions of this Terms of Use agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use agreement against you as a third party beneficiary thereof.

Apple, iPhone, iPad and iPod Touch are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Watch is a trademark of Apple Inc. App Store is a service mark of Apple Inc.

Alphabet (Google/Android) Specific Terms and Conditions

In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the Android compatible version of the licensed Spend.com Mobile Application (also called the “Licensed Application”).

This Licensed Application is an agreement between you and us. Our Licensed Application is available to our eligible consumer credit card members. Alphabet Inc. (“Alphabet”) is not a party to the Spend.com Mobile App Terms of Use agreement and does not own and is not responsible for the Licensed Application. Alphabet is not providing any warranty for the Licensed Application, except if applicable, to refund the purchase price for it. Alphabet is not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including, without limitation, any third party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the Licensed Application.

The license you have been granted herein is non-exclusive, worldwide, and perpetual to perform, display, and use the Licensed Application on the device. In addition, you agree to comply with the terms of any third party agreement that is applicable to you when using the Licensed Application, such as your wireless data service agreement.

You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You acknowledge and agree that Alphabet and Alphabet’s subsidiaries are third party beneficiaries of this Terms of Use agreement and that, upon your acceptance of the terms and conditions of this Terms of Use agreement, Alphabet will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use agreement against you as a third party beneficiary thereof.

Alphabet, Google, Google Play, Android and other marks are trademarks of Alphabet Inc., registered in the U.S. and other countries.

CARDHOLDER AGREEMENT

between

DirectCash Bank and the Cardholder

 

By clicking “I agree to the Spend Card Cardholder Agreement” or by activating or using your Spend Card, you acknowledge that you have (i) received and read the entire agreement set out below, (ii) accepted the terms and conditions set out below, and (iii) agreed to the card fees set out below. DirectCash Bank will be deemed to have agreed to this Cardholder Agreement if it issues a Spend Card to you and that card is activated for use by you.

DIRECTCASH BANK – CARD FEES

 

Description Fees
International foreign exchange transactions† 3.00%
Overdraft Fee $5.00
Chargeback Fee $20.00
Card Replacement Fee $10.00
Inactivity Fee $5.00 per month

* All fees are per occurrence, except the Inactivity Fee as described in Section 13.

† The total fee will be the rate charged by the network (Visa) on the day the transaction is processed, plus the administration fee of 3.00%.

 

SPEND – WITHDRAWAL FEES

 

Description Fees
All Card withdrawal transactions (including POS and ATM transactions) 1.00%

* These fees are not charged by DCBank and are provided herein for information purposes only. These fees remain at all times subject to the terms and conditions of any agreements between you and Spend.

 

Introduction

TERMS & CONDITIONS

Ownership of the Card

 

  1. This Cardholder Agreement (“Agreement”) constitutes a binding agreement between DirectCash Bank (“DCBank”) and you (the “Cardholder”) with respect to the terms of use of the card (a “Card”) that is issued by DCBank and which you receive from an authorized distributor of DCBank, such as Spend (2645243 Ontario) Inc. (a “Distributor”). By accepting the Card from the Distributor and using or activating the Card, you agree to be bound by and accept the terms and conditions set out herein. In this Agreement, the words “you”, “your” and “yours” mean the Cardholder and any person who uses the Card. “We”, “us”, “our” and “DCBank” mean DirectCash This agreement is between you and DCBank. You should keep a copy of this Agreement with your important records.
  2. The Distributor will act as DCBank’s agent in respect of certain matters relating to Cards. The Distributor will provide you with a Card issued by You must sign the back of the Card immediately upon receipt and before making any use of the Card. Each of your signature or use of Card or activation of Card is evidence of your consent to be bound by the terms and conditions of this Agreement.
  1. The Card is owned by DCBank and will remain the property of DCBank. The Card is provided to you for use so long as you continue to act in accordance with the terms and conditions set out in this Agreement as amended from time to time. You agree to return the Card to DCBank or as DCBank instructs, immediately upon request by DCBank. The Card is provided to you, the Cardholder, only. You may not sell, assign or transfer the Card to a third party without the consent of DCBank.

Use of the Card

  1. You agree to use the Card only for legal purposes. You may access any funds available on the Card (“Balance”) to purchase goods and services wherever the card is accepted by a merchant (“POS Transaction”). The Card includes a Personal Identification Number (“PIN”) and can be used to access any Balance available on the Card to obtain cash at ATMs displaying the Network Logo or Acceptance Marks that are on the When you use the Card for a transaction, the amount of the purchase plus any applicable fees and taxes for the transaction will be deducted from the available Balance associated with the Card. The Card may also be used to access other services which DCBank may offer, in its sole discretion, to the Cardholder from time to time.

 

For the purposes of this agreement, a “transaction” means any monetary or non-monetary transaction undertaken by a Cardholder or others through a Card, including a POS Transaction or ATM transaction, the incurring of a Cardholder fee, Balance inquiry, access to Cardholder or Card account details or any changes to information pertaining to a Cardholder or Card.

  1. To avoid problems when using your Card, we recommend that you don’t use your Card in the following situations:
    1. Where a hold is placed on the funds available to you. This may happen when you rent a car, reserve a hotel room or pay for gas at the In these situations, you can still use your Card to pay for the services when you complete the transaction. For example, you can use your Card when you return the rental car, when you check out of your hotel room, or when purchasing gas.
    2. Where restaurants or other establishments ask us to authorize an additional amount (typically, a fixed percentage of approximately 20%) over the bill amount that is presented to you, to cover the tip that they expect you will add to the bill amount. To avoid a decline or a hold if your Balance is low, we recommend that you ask the establishment to authorize a specific dollar amount instead of a percentage. We do not guarantee that the establishment will agree to
  2. Provided you comply with the terms of this Agreement, the Card will be valid and usable until the Balance is depleted or until the expiry date on the Your right to use the Balance on the Card will not expire. When your Card expires, you can obtain another Card by calling the Distributor. To add or increase a Balance on the Card, you may provide funds to the Distributor in accordance with your agreement with the Distributor. This process of adding or increasing a Balance on the Card shall hereafter be referred to as “loading” the Card. DCBank may establish, at any time, the maximum value that can exist on the Card and the maximum and minimum balance amounts that you may load on the Card in any 24 hour period. The maximum amount allowable for POS Transactions is $7,500.00 per day and $18,750.00 per week and the maximum amount allowable for cash withdrawals at ATM’s is $2,500.00 per day and $6,250.00 per week. The time before funds become available may vary. YOU ARE NOT ALLOWED TO EXCEED THE BALANCE AVAILABLE ON YOUR CARD.

It is your responsibility to ensure that there is always a sufficient Balance on the Card to cover the transaction. Some types of retail transactions can result in a negative Balance on your Card, if you have not ensured that there is a sufficient Balance on the Card to cover the transaction. In this event, you will be responsible to pay to DCBank or the Distributor the negative Balance on your Card, AS WELL AS AN OVERDRAFT FEE.

  1. You may obtain information about the remaining Balance on your Card by contacting the Distributor or accessing the Distributor’s website at spend.com (the “Website”) with your user ID and password or other online authentication as allowed by the Distributor from time to time. Information about transactions made with your Card is available online at www.spend.com.
  1. You should receive a paper record of each POS Transaction or ATM transaction for which you use the Card. It is your responsibility to obtain such record and ensure that it is accurate. Neither DCBank nor the Distributor is responsible for providing you with any transaction record or periodic statement. If you identify an error in any transaction record, you must address such error with the applicable merchant or ATM operator. Furthermore, you must notify the Distributor within thirty (30) days after the receipt is issued on which the problem or error appeared, failing which neither DCBank or the Distributor will have any responsibility to assist you to rectify the
  2. Pre-Authorized Debit (PAD) transactions, where you authorize a company or organization to withdraw funds from your Card Balance, are not All PAD transactions attempted on your Card will be rejected and neither DCBank nor the Distributor will be liable for any costs incurred by you as a result.
  3. In the event that you receive cash or credit in excess of what has been paid by you through error or mistake of DCBank, the Distributor, a merchant or otherwise, DCBank may correct such error when discovered and adjust the Balance available on your You agree to reimburse DCBank for any excess cash or credit received by you forthwith upon demand by DCBank.
  4. Your Card is a Canadian dollar We convert transactions made in a foreign currency to Canadian dollars. If you make a purchase or obtain funds with the Card in a currency other than Canadian currency, you authorize us to convert the amount of such transaction to Canadian currency based on the rate charged by the card network (Visa) on the day we process the transaction, plus an international transaction administration fee of 3.00% of the amount of the transaction. We will also convert credits (e.g. refunds or returns) in a foreign currency to Canadian currency based on the rate charged by the network (Visa) on the day we process the credit, plus an international transaction administration fee of 3.00% of the credit. Our refund exchange rate may not be the same as the rate that was in effect on the date the transaction was refunded. The difference between our purchase exchange rate and our refund exchange rate means that the amount credited to your Card for a refund of a foreign currency transaction will in most cases be different than the original amount charged to your Card for the transaction.
  5. If the available Balance on the Card is not sufficient to complete a transaction or purchase and pay any associated fees and taxes, the transaction will most likely be declined. You can ask the merchant if they will accept a split tender transaction. This will enable you to use the available Balance on your Card and cover the difference with another form of payment. Merchants are not obliged to accept split tender transactions.
  6. If you do not complete a transaction on the Card during a period of at least 6 consecutive months, you will be charged an inactivity fee of $5.00 for every month thereafter until the earlier of: (a) the completion of a transaction on the Card; or

(b) the Card Balance being depleted to $0.

  1. A merchant may not process a credit to your Card unless DCBank is able to verify a previous transaction by that merchant for an amount equal to or greater than the amount of the purchase and/or  your balance.
  2. The Card represents a general liability to DCBank. The funds provided by you to DCBank or its agents or the Card processor’s subcontractors to pay for the Balance loaded on the Card, are not a deposit with DCBank and do not establish a separate individual deposit account. You will not receive interest on the Balance on the Card or on the funds you provide to DCBank or its agent(s). The Balance on the Card is not insured by the Canada Deposit Insurance Corporation (CDIC), and is subject to normal
  3. The Card issued by DCBank provides you with access to certain products and services provided by the You acknowledge and agree that DCBank is not providing any credit or other lending services to you in connection with a Card.
  4. If you report to us an erroneous Card transaction and our investigation shows that it was not the fault of the merchant or ATM operator, we will apply a Chargeback fee to your Card Balance.
  5. If your Card has a negative Balance and three consecutive validated transactions are conducted while the Card is in this state, DCBank will disable the Card to prevent any further transactions until the Balance on the Card is brought back into credit.
  6. Either of DCBank or the Distributor may, in its sole discretion and at any time, remove your ability to use the Card in an ATM transaction or POS Transaction. Either of DCBank or the Distributor may, in its sole discretion, limit transactions from certain merchants or certain geographic locations or

Lost or Stolen Card or Pin

  1. If you lose your Card, someone might be able to use the Balance on the Card. A Card may be used without a PIN to make purchases. You are solely responsible for the care and control of your Card and for maintaining the confidentiality of your The PIN is provided solely for your use and security when withdrawing cash from ATMs. You should not maintain a written record of or disclose the PIN to any third party, including family members and friends. You are responsible for all uses of the Card with the PIN at an ATM, whether initiated by you or anyone else using your Card and PIN.
  2. You must take reasonable care to keep your Card safe from loss, theft or misuse. You must notify us by telephone within 24 hours if you learn of the loss, theft or misuse of your Card, or if you know or suspect that someone else knows your PIN. If you lose your Card or if it is stolen, call DCBank or the Distributor immediately. If you give the Distributor your name on the Card and the Card number, DCBank and/or the Distributor will refund any remaining Balance after we process all transactions that were completed before we had an opportunity to act on your information. You will be required to answer an identifying question drawn from your personal information. A replacement Card with any remaining Balance less our fees will be issued within 10 days after you report the Card lost or stolen to ensure that all transactions have been processed properly. With your Card network Zero Liability policy, you will not be liable for any unauthorized transactions made with your lost or stolen card unless you have been grossly negligent or have engaged in fraud. Verification of a Zero Liability claim can take up to 45 days and may require a police
  1. You must not allow any person other than yourself to use your Card. If you authorize or permit someone else to use the Card and/or PIN, you will be liable for all resulting transactions and any fees and losses incurred, even if the other person was a minor or did not comply with any limitations you placed on their use of the Card. You will be liable for all charges incurred in connection with the unauthorized use of your

Personal Information Consent

  1. DCBank may issue the Card to you through an agent (such as the Distributor), such agent may load the Card, and DCBank and such agent may provide the Card services described in this Agreement to you. In the course of providing these services, DCBank and its agent(s) will collect and use your personal information, including, but not limited to your name, address, telephone number and date of birth, and may access details of the use of the This personal information will be used by DCBank and its agent(s) to confirm your identity, obtain a credit report, provide Card services to you, provide notifications, communicate with you by telephone or writing, report to any governmental body or agency that DCBank may be required to report to, report to a credit bureau or to a third party collection agency, and to collect any amounts owed by you to DCBank. Except as required by law or as stated herein, DCBank and its agent(s) will maintain your personal information in confidence and will not disclose your personal information to persons (other than each other for the purposes of this Agreement) and DCBank’s service providers without your consent. You agree that DCBank may add to or modify the uses of your personal information by posting such additions or modifications on the Website and by providing notice to you by email to your email address provided by you or by post to your address provided by you. You may withdraw your consent to such use, whether added or modified, at any time by notifying DCBank in writing. In the event consent is withdrawn, you must return your Card to DCBank. Your Card will be cancelled and any balance, less a cancellation fee, will be returned to you by DCBank. We are committed to respecting the privacy of your information and we will not collect, use or disclose your information in a manner that is inconsistent with the DCBank Privacy Code (which may be updated from time to time), available at www.dcbank.ca.
  2. If you have provided an email address or cellular phone number capable of receiving text/SMS messages to DCBank or the Distributor and have indicated you are consenting to the sending of messages by DCBank, the Distributor and their agents and outside service providers to such email or text/SMS accounts, you may receive messages by DCBank, the Distributor or their agent(s) or outside service providers to such email or text/SMS Messages sent may include information regarding transactions (including purchases, fees, refunds, etc.). If you consent to such communication, you acknowledge that will result in personal and private information regarding the use of your card be sent to the designated email addresses and phone numbers and that it is your responsibility to assure the numbers provided are secure and under your control. If you would like to discontinue Email or text/SMS messaging you may do so by contacting DCBank. If the email addresses or cellular numbers you provided are invalid, cease to be active, or bounce back messages indicating the applicable email or phone account is not able to receive messages, DCBank will have no obligation to try to contact you through other means to obtain a valid and operating email address or cellular number. Any cost incurred by you as a result of receiving email messages or text/SMS messages are your responsibility.

 

Fees

  1. Card fees have been disclosed to you above and will be otherwise posted by DCBank or the Distributor. Card fees are also available online at spend.com. You acknowledge being advised of the fees and agree to pay applicable fees in effect for the services available under this Agreement.
  2. You acknowledge that fees payable to DCBank in connection with access to a Card and fees payable to the Distributor in connection with any agreements you enter into with the Distributor (including the 00% Spend withdrawal fee set forth on the front page of this Agreement) may be charged against the Card Balance.
  3. Without limitation, fees may be charged by DCBank for Card issuance, Card loading and reloading, monthly maintenance, ATM fees, Card replacement, de-activation, re-activation, Card statements, balance inquiries, other financial and non- financial transactions and any other fees published as described Fees may be changed by DCBank from time to time by posting notice on DCBank’s website or the Distributor’s website 60 days before the effective date of the new or increased fees. DCBank and/or the Distributor will also send a notice to the most recent Cardholder address provided at least 35 days before the effective date of the new or increased fee. You may update your contact information by contacting the Distributor. By using your Card after the effective date of the new or increased fees, you agree to the new schedule of service and fees. You are aware that when using the Card, ATM operators and merchants may charge separate additional fees for their services.
  4. You acknowledge that there may be fees or costs payable to third parties in connection with any agreement, arrangement or understanding between you and such third party, which does not involve DCBank or the Distributor. Neither DCBank nor the Distributor shall be liable for any of such fees or

Politically Exposed Person

  1. By clicking “I agree to the Spend Card Cardholder Agreement”, you certify to DCBank that you are not a “Politically Exposed Foreign Person” or “Politically Exposed Canadian Person” and that you are obtaining the Card on your own behalf and not on behalf of any other

“Politically Exposed Person” or “PEP” means: (a) any person who holds or has ever held one of the following offices or positions in or on behalf of a country: (i) a head of state or government, (ii) a member of the executive council of government or member of a legislature, (iii) a deputy minister (or equivalent), (iv) an ambassador or an ambassador’s attaché or counsellor, (v) a military general (or higher rank), (vi) a president of a state owned company of bank, (vii) a head of a government agency, (viii) a judge, or (ix) a leader or president of a political party in a legislature; or (b) any of the following family members of an individual described in (A)(i)-(ix): (i) mother, (ii) father, (iii) spouse, (iv) common law partner, (v) spouse’s or common law partner’s mother or father, (vi) brother,

(vii) sister, (viii) half- brother, or (ix) half-sister, (in all cases regardless of citizenship, residence status, or birth place).

“Politically Exposed Canadian Person” means a PEP in/from/related to Canada.

“Politically Exposed Foreign Person” means a PEP in/from/related to a country outside of Canada.

No Liability

  1. None of DCBank, the Distributor or their agents will be liable in any way for any dispute arising out of the purchase of merchandise or services using the Card, the failure of any retailer to honor the Card, or the failure of an ATM machine to dispense cash. None of DCBank, the Distributor or their agents are responsible for any failure to supply, lack of suitability or quality of any goods or services purchased from retailers through the use of the Card. None of DCBank, the Distributor or their agents will be liable for any action or failure to act of a retailer or a refusal by a retailer to honor the Card whether or not such failure or refusal is as a result of any error or malfunction of equipment used to effect an authorization of the Card. None of DCBank, the Distributor or their agents will be liable for any damage, loss or inconvenience you may incur if you are unable to use the Card as a result of any failure, error, malfunction or technical problem with or at our agents’, or with our or our service providers’, system or equipment, or with an
  2. If you have a complaint or inquiry about any aspect of your Card or Card Balance, please call the Distributor toll-free at 1-800-730-3194 or DCBank toll-free at 1-866-231-0373. The Distributor and DCBank will do their best to resolve your complaint or inquiry. If for some reason we or the Distributor are unable to do so to your satisfaction, you may refer your inquiry or concern to the Ombudsman for Banking Services and Investments at 1-888-451-4519 for resolution. You may also communicate the complaint or inquiry to: Financial Consumer Agency of Canada, 427 Laurier Avenue West, 6th Floor, Ottawa, ON, K1R 1B9, Tel: 1-866-461-3222.
  3. Except for any cardholder residing and domiciled in the province of Quebec, with respect to any action or claim related, directly or indirectly, to a complaint or inquiry, you agree that joinder or consolidation of any action with the action or actions of any other persons is not permitted and you will not request and will oppose any such joinder or Furthermore, you agree not to commence or participate in any class action either as a representative plaintiff or as a member of a plaintiff if the class action involves directly or indirectly any complaint or inquiry arising out of or related to this Agreement.
  4. You agree that the aggregate liability of DCBank, a Distributor and their agents to you in respect of all causes of action arising under this Agreement or in connection with a Card shall be limited to the lesser of: (a) the Card fees incurred in the previous 12-month period; and (b) $1,000.

Cancellation

  1. You may at any time terminate this Agreement by surrendering of the Card to DCBank or the Distributor. DCBank may terminate this Agreement at any time, at which time you will immediately return the Card to DCBank or the Distributor. In the event that there is not a sufficient Balance on the Card to pay monthly maintenance fees, DCBank may de-activate the Card without notice. You may be required to pay a re-activation fee thereafter to use the Despite any termination of this Agreement, you must fulfill all of your obligations under this Agreement, and you remain responsible for any use of your Card even after the Card is terminated or expires.

 

Entire Agreement

  1. This sets out the entire agreement between you and DCBank with respect to the use of the Card. This Agreement replaces all prior agreements and understandings between the parties with respect to the

Amendment

  1. Subject to the provisions of clause 26 hereof, DCBank may amend this Agreement by posting changes to this Agreement or a replacement form of this Agreement on our website or sending notice to you via postal mail, in accordance with the requirements of applicable laws, rules and regulations. Any changes will be effective on the effective date of the amendment specified in the posting or notice and you will be deemed to accept and be bound by the amendment upon use of the Card following such effective If you do not agree to any change of this Agreement, you agree to immediately stop using the Card and notify DCBank that you are terminating this Agreement.

Notice

  1. DCBank may provide notice to you, subject to the provisions of clause 27 hereof, by regular mail postage prepaid to the address provided by you to the Distributor or to your last email address provided to the DCBank will post notice to you as part of all of a class of Cardholders by posting notice on our website. Notice will be deemed to be received by you five days after mailing, or the next business day after electronic mail. You may notify DCBank by delivering notice to the Distributor (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 the Distributor and the next business day after electronic mail.

English Language

  1. It is the express wish of the parties that this Agreement and any related documents be drawn up and executed in English. Les parties conviennent que la présente convention et tous les documents s’y rattachant soient rédigés et signés en

Governing Laws

  1. This Agreement will be governed by the laws of the province of Alberta and the laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of Alberta in relation to any dispute arising out of this

Severability & Assignment

  1. If any part of this Agreement is found to be invalid or unenforceable by any court or government agency of competent jurisdiction, that invalidity or unenforceability shall not affect the remainder of this Agreement, which shall survive and be construed as if such invalid or unenforceable part had not been contained
  2. DCBank can assign this agreement or any of its terms to a third party at any

DATA PROTECTION POLICY

I.    Aim of the Data Protection Policy

  • As part of its social responsibility, the Spend, Inc (hereinafter – Spend or We) is committed to international compliance with data protection laws. This Data Protection Policy (hereinafter – Policy) fully applies to the Spend and is based on globally accepted, basic principles on data protection. Ensuring data protection is the foundation of trustworthy business relationships and the reputation of the Spend as an attractive
  • The Data Protection Policy provides one of the necessary framework conditions for domestic and cross­border data transmission among the Spend, its subsidiaries, affiliates and other partners. It ensures the adequate level of data protection prescribed by the European Union Data Protection Directive and the laws of Canada for domestic and cross­border data transmission, including in countries that do not yet have adequate data protection

II.    Scope and amendment of the Data Protection Policy

  • This Data Protection Policy fully applies to the Spend and is applied for the purposes of personal data
  • The Policy applies to the Spend’s customers, natural persons and legal entities, non­juridical entities, state or self-government entities, legal entities of public law, job applicants, merchants, payment system providers and other entities having no specific framework agreement with the Spend on regulating issues related to personal data
  • Anonymized and non­identifiable data, e.g. for statistical evaluations or studies, is not considered to be personal data and is not subject to this Data Protection
  • This Policy may be updated from time to time. We therefore ask you to consult it on a regular basis. The latest version of the Policy is available at: spend.com (https://www.spend.com/)

III.    Application of national laws

3.1.  This Data Protection Policy comprises the internationally accepted data privacy principles without replacing the existing national laws. It supplements the national data privacy laws. The relevant national law will take precedence in the event that it conflicts with this Data Protection Policy.

IV.    Principles for processing personal data

  • Fairness and lawfulness

When processing personal data, the individual rights of the data subjects must be protected. Personal data must be collected and processed in a legal and fair manner.

  • Restriction to a specific purpose

Personal data can be processed only for the purpose that was defined before the data was collected. Subsequent changes to the purpose are only possible to a limited extent and require substantiation.

  • Transparency

The data subject must be informed of how his/her data is being handled. In general, personal data must be collected directly from the individual concerned. When the data is collected, the data subject must either be aware of, or informed of:

  • The identity of the Data Controller;
  • The purpose of data processing;
  • Third parties to whom the data might be transmitted;
    • Deletion

Spend shall continue to process personal data pursuant to the purpose set forth by the Policy ((including transfer the data to or from LEPL Public Service Development Agency, Creditinfo Canada JSC and third parties long as it is deemed appropriate for the purposes of the Spend’s aims and interests, is required by regulatory body and/or applicable laws and regulations.

  • Factual accuracy; accuracy of data

Personal data on file must be correct, complete, and – if necessary – kept up to date. Suitable steps must be taken to ensure that inaccurate or incomplete data are deleted, corrected, supplemented or updated.

  • Confidentiality and data security

Personal data is subject to data secrecy. It must be treated as confidential on a personal level and secured with suitable organizational and technical measures to prevent unauthorized access, illegal processing or distribution, as well as accidental loss, modification or destruction.

 

 

V.    Scope of data processing

  • Throughout the period of using the Spend’s services and after the termination of a contractual relationship, the Spend shall be entitled to process the information, including personal data, of a data subject in compliance with the purposes set forth in Paragraph VII of the
  • Data processing by the Spend, without any limitation, includes every action executed towards the data using automated, semi­automated or non­automated means. More precisely, data processing means obtaining, collecting, recording, photographing, audio recording, videor ecording, organizing, storing, altering, restoring, revocing or disclosing (including transferring and/or disclosing information to third parties set forth in Annex #1 of the Policy who will subsequently process the data in compliance with the purposes set forth by the Policy) from the data subject or third parties set forth in Annex #1 of the Policy for the purpose of transferring, disseminating or making available through different means, grouping or combining, blocking, erasing or
  • The Spend and/or third parties of the Policy process the data of a data subject or indicated by him/her third party. Data processing also includes but is not limited to data processing by third parties upon the Spend’s instructions and/or when the Spend is a data processor and acts in favor and with instructions of a third party (data controller). Data processing and/or transferring or disclosing information to third parties set forth in Annex #1 of the Policy in compliance with purposes determined by this Policy including but not limited to the following personal data:
  • Name and surname of data subject;
  • Personal identity number and/or unique features of electronic identity card;
  • Address of registration and/or factual residency;
  • Telephone/mobile phone number;
  • E­mail address;
  • Credit history (negative as well as positive, including debts ongoing and/or already covered, loans and details of payment thereof) and solvency status

 

(Solvency score of data subject, criteria’s and/or methodology thereof);

  • Immovable and movable things and features thereof, under the ownership and/or possession of data
  • Data related to employer, as well as information related to the terms of employment (place of employment, salary, working time and so forth);
  • Data related to data subject’s Spend account(s) in the Spend and other commercial banks operating in Canada, including, but not limited to, outstanding balance of such accounts for a specific time and date and executed transactions on these accounts throughout specific period of time;
  • Any data related to cards emitted by the Spend and/or other commercial banks operating in Canada and corresponding card accounts, including, but not limited to outstanding balance of such card accounts for a specific time and date and executed transactions on these card accounts throughout specific period of time, as well as access codes of such cards;
  • Data related to data subject account/subscriber recorded by various payment providers. Such information includes but is not limited to account/subscriber number, address, outstanding balance and/or debt occurred on subscriber accounts for a specific time and date, transactions executed on subscriber account and/or top­up and/or debt payment and so forth);
  • Data disclosed while using various electronic channels and/or the internet (including but not limited to web­cookies and so forth) and activities of data subject and/or third parties indicated by data subject while using abovementioned channels (including but not limited to authentication into such channels and actions executed or transaction history);
  • Data related to family member, relative and other persons residing at data subject’s address of factual
  • Any other type of data related to the Client which enables to identify and/or characterize and/or group the data subject by his/her physical, physiological, psychological, economic, cultural or social qualities or by using transactional activities listed or referred to
    • In case the data subject, for the purpose of using the Spend’s service, provides the Spend with information (including bot not limited to personal data, solvency, property (asset) status and so forth) related to the third parties (additional card holder, guarantor, family members, employer and so forth) and the Spend processes such information, including personal data, for the purposes of performing banking services and/or marketing, the data subject is held personally responsible for obtaining the consent of any such third party on processing their respective personal data by the Spend. When the data subject provides the Spend (or its authorized personnel) with such information, it is presumed that the data subject has obtained their respective consent and the Spend is not further required to obtain such consent by itself. The data subject is personally responsible for any damage/loss which may occur to the Spend by the data subject’s failure to comply with or under­perform the obligation to obtain the consent of third The data subject hereby consents and agrees to indemnify and protect the Spend from any damage/loss whatsoever (including buy not limited to consequential damages), complaints, expenses (including but not limited to the costs that will be borne by the Spend for the purpose of exercising its legal rights), legal proceedings and any other obligation that may occur to the Spend as a results of such violation by the data subject.
    • The processing of data subject’s information by the Spend while using various electronic channels (including but not limited to web­browser, the Spend’s website, internet banking, mobile banking, Spend’s mobile applications, payment machines, ATMs and/or other technical means and channels of data transfer and receipt) also includes recording and processing the data subject’s activities (for example, identifying data subject’s location while using an electronic channel, describe and analyze input data, the frequency of product choice and/or any other statistical data).

VI.    Basis of data processing

  • The data subject hereby agrees and acknowledges that throughout the period of using the Spend’s services and after the termination of a contractual relationship, it is necessary for the Spend to process data (including personal data) related to the data subject or third parties indicated by the data subject for the purposes of:
  • Reviewing the application of and/or performing a service to the data subject;
  • Protecting the legal interests of the Spend and/or third parties;
  • Performing obligations of the Spend under the legislation;
  • Making a marketing offer to the data subject;
  • Other cases permitted by the legislation;
    • In case the legislation requires the Spend to obtain a consent of the data subject before processing the data (eg. for marketing purposes) such a consent shall be deemed obtained on the basis of a statement made by the data subject by using electronic and/or non­electronic means where he/she agrees to the Policy and the terms

VII.    Purposes of data processing

7.1. The Spend and/or third parties set forth in Annex #1 of the Policy may process personal data of the data subject or third parties indicated by the data subject for various purposes including but not limited to:

  • Performing banking services duly and properly;
  • Using eMoney electronic wallet, which represents a joint service of the Spend and eMoney electronic wallet enables the client of the Spend or eMoney to have a multi­currency electronic wallet, which can be used to make and receive payments and/or execute various actions permitted by the law and/or by respective terms and conditions of a product. Such actions include but are not limited to using the client’s eMoney wallet account (and/or telephone number and/or email or password) for authenticating on the websites where authorization by eMoney is permitted.
  • Cases determined by the legislation, for making the information available to audit companies, prospective assignee or assignor, regulatory, controlling or other supervisory authorities;
  • Optimizing and developing the Spend’s services during which the Spend analyses the data of a data subject related to credit history, statistical data and so forth;
  • Preparing and presenting various reports, researches and/or presentations;
  • Providing the safety as well as detecting and/or preventing fraud, money laundering or other criminal activities;
  • Offering to increase the amount of an ongoing credit or other conditions (including but not limited to maturity and interest rate) thereof during which checking a credit history of the data subject represents a necessity;
  • Offering a new and/or additional credit or non­credit product, during which checking a credit and/or transactional history and/or behavioral patterns of the data subject represents a recommended and/or absolute necessity
  • Offering various services/products of the Spend and or third parties set forth in Annex #1 of the Policy for marketing

 

VIII.    Processing data of applicants or employees

  • Processing personal data for the purposes of initiating, carrying out and terminating employment

The Spend is entitled to processing subject’s personal data which was disclosed for the purpose of considering an initiation of employment and/or internship of such a person (hereinafter – Applicant). If the applicant is rejected, failed to proceed through selection process, unsuccessfully ended the trial period, his/her data must be deleted, unless the applicant has agreed (by electronic as well as non­electronic means) to remain on file for a future selection process by the Spend and/or third parties.

  • If it should be necessary during the application procedure to collect information on an applicant from a third party, the requirements of data protection laws have to be observed

Know Your Customer/Anti-Money Laundering Public Policy

Effective date: 06/01/2018

 

Understanding Spend’s Know-Your-Customer and Anti-Money Laundering Policies

Spend, Inc. defends against involvement in illicit activities, such as money laundering, by doing the following:

  • Routinely executing a company-wide assessment to determine the risk of inadvertent involvement in money laundering or other illicit activities. A risk profile is produced after these assessments
  • Promulgating and adhering to well established anti-money laundering procedures and corporate policies
  • Providing routine training to all employees to enhance their ability to thwart and detect money laundering
  • Verifying the identity of customers and end users for all registered users of Spend, Inc.’s services
  • Identifying a Compliance Officer who is responsible for the efficient operation of the anti- money laundering program
  • Performing an annual audit to determine the sufficiency of anti-money laundering procedures

Policies

An anti-money laundering policy (“Policy”) shall be reviewed and approved by Spend, Inc.’s Board. Once approved, the Policy shall be furnished to all of Spend, Inc.’s employees and regular training on compliance shall be provided at intervals not to exceed one year. Employees shall confirm receipt and understanding of the Policy in writing.

Corporate Controls

Spend, Inc. developed, enacted, and refined controls to confirm that Spend, Inc. actions comply with relevant anti-money laundering legal obligations. These obligations include, but are in no way limited to, the submission of required reports on a timely basis. Steps taken to confirm the identity of customers and end users, the reporting of suspicious activity, and submission of required reports are all examples of internal controls employed by Spend, Inc.

Education and Training

Everyone employed by Spend, Inc., including its officers and board of directors, shall receive annual training concerning anti-money laundering procedures and client identity verification. This training shall be provided to new employees within 30 days of the date of official hire and shall also include information to help them comply with relevant laws while executing assigned job duties. Training may be provided and regularly updated to incorporate changes in laws, regulations, and market developments.

Customer Identity Verification

Spend, Inc. shall ensure that it took commercially reasonable steps to identify each customer using Spend, Inc.’s platform. Many methods may be employed to confirm user identity.

Account Generation and Creation Methods

As part of its account generation and creation process, Spend, Inc. shall: (1) obligate users to furnish proof of identity; (2) prohibit payments in US dollars to be made without complete account- opening data; (3) confirm that users are not listed in compliance databases. These databases include, but are not limited to, the OFAC Specially Designated Nationals list and other governmental watch lists.

Proving Identification:

Individuals

  • Name
  • Mailing address and address of residence (PO boxes are not acceptable unless accompanied by valid mailing address)
  • Government issued identification numbers including where relevant, but not limited to, social security numbers, driver’s license numbers, and passport numbers
  • Place of birth and date of birth
  • Copies of valid photo identifications for those listed as account holders Corporate Users
  • Name of business and corporate representatives
  • Copies of current photo identifications of corporate representatives using the account
  • Mailing address of the client’s principal place of business (Spend, Inc. reserves the right to request the customer’s local address if the local address is not the same as the business’ principal place of business)
  • Customer identification procedures shall be adhered to to determine the beneficial owners of trust or corporate accounts. These procedures include establishing whether a customer is an agent of another; deriving information concerning the ownership or structure of a company that is a legal entity not publicly traded in the US; and for trustees, getting data about the trust structure, determining the provider of funds, and discerning who has control over the funds and power to remove the trustee.

End User Verification

The validity of documents used to support the opening of an account is to be confirmed before the account can be finalized. Verification requires layered security, multi-factor authentication, and the satisfaction of other obligations to ensure that user identity has been meaningfully confirmed. Account size and other factors are considered during this process.

These methods are examples of verification processes that Spend, Inc. reserves the right to employ:

  • Employing challenge questions to test user knowledge.
  • Validating identifying information against information provided by trusted third party sources. Trusted third party sources include reporting/verification agencies like Jumio NetVerify, Lexus Nexus Instant ID, and Veratad.
  • Validating claimed addresses with copies of bank statements, utility bills, and credit card statements.
  • Ensuring that no inconsistencies exist between customer provided identifying information.
  • Use of industry standard device identification procedures, such as geo-location checks and “digital fingerprints.
  • Closing suspicious accounts when clients are unable to furnish sufficient information to confirm identity.
  • Requesting notarized copies of birth certificates or businesses’ sealed incorporation documents with an apostille for identification.

Activity Reports and Suspicious Activity

Spend, Inc. will monitor transactions and network usage for suspicious activity. Unusual transactions are carefully reviewed to determine whether they are illogical or unlawful in purpose. Spend, Inc.’s controls are to be implemented to ensure that an ongoing monitoring system is established to thwart illicit actions as they occur. Whenever suspicious activity is detected, Spend, Inc. reserves the right to decide in its sole and exclusive judgment whether reporting the data to law enforcement is appropriate or required to comply with host nation laws.

While money laundering attempts are an example of a suspicious activity, they are by no means the only type of suspicious activity prohibited on Spend, Inc.’s platform. Spend, Inc. may report data even when no money is lost or stolen because of the transaction.

When Spend, Inc. determines that a transaction is possibly suspicious, it shall review transaction details. Spend, Inc.’s senior management shall be alerted and shall determine whether the transaction satisfies the conditions necessary to be deemed a suspicious transaction or activity. After making this determination, the senior management shall determine whether the transaction or activity should be reported to law enforcement with an official filing.

Spend, Inc. shall retain a copy of all documents filed with law enforcement. When filings are made all data related to the filing, including the fact that a filing was made, shall be treated as confidential. Only those required to support the investigation and subsequent reporting shall be notified of the filing’s existence. Under no circumstances should parties suspected of suspicious transactions or activities be notified. Spend, Inc. reserves the right to notify the Board of Directors of the filing.

Requirements to Record

Procedures to maintain records of data used to validate a person’s address, name, and other personally identifying information shall be established under the terms of this Policy. These are some steps that shall be taken when keeping records:

  • Spend, Inc. shall retain a record of customer generated identifying information.
  • Identification documents and transaction records shall be retained for a period no less than five years.
  • Spend, Inc. shall diligently search for, record, and resolve any discrepancies that exist in the identifying information provided by clients to Spend, Inc.
  • Spend, Inc. shall record the processes and results of supplementary measures employed to validate customer identity.
  • Whenever identity is verified with a supporting document, Spend, Inc. shall retain copies of the document. The document and the resulting copies shall clearly display the type of document used and present the identifying information Spend, Inc. used to verify client identity.

Money Laundering Audit

Spend, Inc. will conduct an annual anti-money laundering audit. The audit shall be conducted by an independent party with a working knowledge of BSA requirements. If such a party is not available, the audit may be conducted by Spend, Inc.’s employees who have a working knowledge of BSA requirements. Corrective actions shall be derived from these audits and Spend, Inc. will provide the audit report along with intended corrective actions to Spend, Inc.’s management for review. Status reports concerning corrective actions will be routinely furnished to the management of Spend, Inc. until all outstanding matters are resolved.

Suspicious Activity Reporting At the notification of any sizable suspicious activity both internally or externally, Spend, Inc. will respond by performing a due diligence investigation into the matter along with filing a SAR-SF Treasury form. This is at the benefit of both the customer and Spend, Inc.

Spend & Spend Partner Brands Licenses/Registrations

Canada:
2645243 Ontario Inc. dba Spend is a licensed Money Service Business regulated by FINTRAC. License #: M18224894

United States:
Spend US, Inc. is a registered Money Service Business with FinCEN Reg #: 31000131756577
Spend US, Inc. has applied to become a licensed Money Transmitter in certain U.S States where required.
Spend US, Inc. has applied to become a licensed Lender in certain U.S States where required.

Estonia:
Spend OÜ is a licensed virtual currency to fiat exchange provider license #: FVR000253
Spend OÜ is a licensed wallet provider license #: FRK000212

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