Square Card Program Cardholder Agreement

IMPORTANT-PLEASE READ CAREFULLY

FOR QUESTIONS OR ASSISTANCE, PLEASE CONTACT SQUARE SELLER CUSTOMER SERVICE AT +1 (855) 809-9000.

1. This Agreement.

This Square Card Program Cardholder Agreement and applicable disclosures (this “Agreement”) is a legally binding agreement between you and Square Canada Inc., including its successors, affiliates, and assignees (“Square”, “we”, “us”, “our”) and outlines the terms and conditions governing the Square Card Program (the “Program”). This Agreement supplements but does not replace the Square Terms of Service. In the event of an inconsistency between this Agreement and the Square Terms of Service, this Agreement shall govern your use of the Card and the payment services associated with the Square Card. For the purposes of this Agreement, the following words have the following meaning:

“Authorized User” means any designated person you authorize to use the Square Account on your behalf.

“Card” means the physical Square Mastercard® Prepaid Card issued by Square which is embossed with a 16-digit number and which can be used to make purchases or obtain funds from your Square Account.

“Square Account” or “Account” means the “Square Account” as defined in the Square Terms of Service and, for the purposes of this Agreement, is the account that is linked to your Card for which we maintain records to evidence transactions initiated with the Card.

“Square Terms of Service” means the terms of service for your use of Square’s Services, including but not limited to, the Program, all located at https://squareup.com/legal/ua.

“You” and “your” mean the business that receives a Card and/or the persons who receive a Card on behalf of a business and are authorized to use a Card as provided for in this Agreement, including any Authorized User.

Capitalized terms used and not defined in this Agreement shall have the meanings given to them in the Square Terms of Service. Please read this Agreement carefully and keep a copy of it for future reference.

THIS AGREEMENT INCLUDES, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER AND YOUR AUTHORIZATION FOR THE CARD.
BY ACTIVATING YOUR CARD OR PARTICIPATING IN THE PROGRAM IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY.

IF YOU ARE USING THE CARD OR ACCOUNT ON BEHALF OF A BUSINESS OR OTHER ENTITY, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE NECESSARY AUTHORITY TO ACT ON BEHALF OF AND BIND THAT BUSINESS OR ENTITY TO THIS AGREEMENT AND OUR PRIVACY POLICY.

PLEASE VISIT WWW.SQUAREUP.COM/LEGAL/SQUARECARD TO VIEW, PRINT, AND SAVE THIS AGREEMENT.

PLEASE VISIT HTTPS://WWW.SQUAREUP.COM/LEGAL/GENERAL/PRIVACY TO VIEW, PRINT AND SAVE OUR PRIVACY POLICY.

2.IMPORTANT INFORMATION ABOUT THE SQUARE ACCOUNT.

Your Square Account consists of the information entered or collected in the course of signing up for Square’s services as explained in Section 2 of the General Terms of Service.

As a Square Card user, you may be asked to provide certain information used to assist Square in complying with its obligations under applicable laws. By providing Square with this information you are certifying that the information provided is true and accurately reflective of your use of the Service.

For more information about how we handle your personal information, including with respect to our use of service providers outside of Canada, or if you have any questions or would like to request access to or correction of your personal information, please see our Privacy Notice. In connection with your use of the Services, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law and/or Square Card Terms, (b) provide confirmation of your identity or, (c) provide confirmation of any information you provide us.

You may transfer funds from your Square Account to your bank account from the Square dashboard. We may limit how many transfers you can initiate from your Square Account balance to your bank account and how much money you can transfer in a single transaction. We reserve the right to delay or further limit such transfers while we screen for risk, or we may request you provide additional information to verify your identity.

You may not transfer funds from your Square Account to your bank account to evade a payment investigation. If you attempt to transfer your Square balance while we are conducting an investigation, we may hold your funds for up to 180 days to protect Square or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your account even after the Account is closed.

3.CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS.

(a) Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically which you acknowledge shall remain in effect until you withdraw your consent as specified below; and (2) you satisfy the minimum hardware and software requirements specified below.

(b) Your Right to Withdraw Your Consent. You may withdraw your consent to receive further Communications electronically at any time by writing to Square Canada, Inc., 5000 Yonge St. Suite 1501, Toronto, ON M2N 7E9, Attn: Customer Support - Legal (“Square Address”). If you withdraw your consent to receive Communications electronically, you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal and such withdrawal will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

(c) You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your information in your Square Account.

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.
We cannot accept responsibility for any email messages not received by you, or for any delay in the receipt or delivery of any email notifications that is not caused by us. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account Information to such individual.

(d) Copies of Communications. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.

(e) Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, you must have: (1) an up to date and valid email address or phone number that you have access to; (2) a computer or other mobile device (such as tablet or smartphone) that operates on a platform like Windows or a Mac environment capable of supporting all of the following; (3) a connection to the Internet; (4) a Current Version of Safari, or Mozilla Firefox, Chrome, iOS, or Android ; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader latest version; (6) for mobile devices, a recent device operating system that supports text messaging, downloading, and applications from the Apple App Store and Google Play Store; and (7) a printer to print out and save Communications in paper form or electronic storage space to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher (e) Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating the Square E-Sign Consent on the Square Website or delivering notice of such termination or change electronically.

4. Participating in the Program.

In order to participate in the Program, you must (a) have previously agreed to the Square Terms of Service located at https://squareup.com/legal/ua, and to the Square Privacy Policy located at https://squareup.com/legal/privacy; (b) register with Square on the Square Website, or Square’s mobile application for the Program (collectively the “App”); (d) be a Canadian citizen (or a legal resident with a Canadian tax ID number) of at least the age of majority in the Canadian province or territory in which you reside); and (e) provide Square with all requested personal and business information, such as your name, date of birth, address, email address, user name and password, and such other personal or business information as we may request from time to time (collectively, “User Information”). You represent and warrant that all information, including User Information, you provide us from time to time is truthful, accurate, current, and complete. You agree to promptly notify us of changes to any User Information.

5. Card.

The Card is a prepaid card issued by Square. The Card is not a credit card, charge card or debit card and will not improve or enhance your credit rating. The Card is our property and must be surrendered upon demand. The Card cannot be redeemed for cash or other cards, it cannot be used to make payment on a credit account. The Card is meant to be used primarily for business purposes only and cannot be resold, exchanged or transferred for value or assigned. The Card is linked to the Square Account but it is not connected in any way to any other account with us. The Card may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. We may refuse to process any transaction for any reason, including if we believe they may violate applicable law or the terms of this Agreement.

6. Square Account.

You acknowledge and agree that the value available for use with the Card is limited to the funds available in your Square Account from time to time. The funds associated with or accessible using your Card are not a deposit and do not constitute evidence of indebtedness or liability by us to you, except to honour transactions initiated with the Card as provided for in this Agreement. The funds associated with your Square Account are not insured by the Canada Deposit Insurance Corporation or any other government deposit insurer or agency and you will not receive any interest or other earnings or returns on such funds.

7. Activating Your Card.

Before it can be used, you must activate your Card and set a personal identification number (“PIN”)(See Section 8 - Setting a PIN; PIN and Card Security below). Your PIN is the code you set as your Square passcode. To activate the Card, follow the instructions provided with your Card. By activating your Card, you represent and warrant to us that: (a) you are a citizen or permanent resident of Canada and are at least the age of majority in the Canadian province or territory in which you reside; (b) the User Information is true, accurate, current, and complete; (c) you received a copy of this Agreement and our Privacy Policy and agree to be bound by and to comply with their terms; (d) you are solely responsible for all authorized transactions initiated and fees incurred by use of your Card and, if you designate an Authorized User or otherwise permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons; (e) you have provided each Authorized User with a copy of this Agreement and each Authorized User accepts and agrees to be bound by and to comply with it; (f) the Square Account and Card is meant to be used primarily for business purposes only; and (g) you accept your Card. By activating the Card, you instruct us to initiate necessary transfers and to otherwise make the balance in your Square Account available for making purchases with your Card. These funds are held in pooled accounts in banks on your behalf and for the benefit of you and others holding such balances.

8. Setting a PIN; PIN and Card Security.

When you activate your Card, you will be asked to set a PIN. When selecting a PIN, you should not use numbers or words that appear in your wallet (e.g., date of birth, address, or social insurance number). You must memorize your PIN. Do not write the PIN on a Card or keep it in the same location as the Card. Do not share your PIN or Card number with anyone. You should treat your Card number with the same care as you would treat cash. Either memorize your Card number or keep it in a safe place. Do not send your Card number in an e-mail or text message. Make sure your Card number is secured with encryption when you use your Card to perform transactions over the Internet or wireless networks. If you believe that anyone has gained unauthorized access to your Card number, you should advise us immediately, following the procedures in Section 11 (Lost or Stolen Card Number).

9. Adding Your Card to a Digital Wallet.

You may elect to add your Card to one or more digital wallets. The digital wallet provider may allow you to conduct transactions at a point of sale device and you may not be able to use your Card to perform transactions at such point of sale devices until you have selected PIN pursuant to this Agreement. Contact Customer Service at +1 (855) 809-9000 immediately if you believe someone has gained unauthorized access to your PIN, or someone has transferred or may transfer funds from your Square Account without your permission.

10. Fees.

You will not be charged any fees by Square for obtaining or using your Card. However, third party fees may apply for participating in the Program as described in Section 16 (Cash Access) and Section 22 (Account Alerts) in this Agreement.

11. Lost or Stolen Card Number.

Until you report a Card as lost or stolen or report an unauthorized transaction using the Card, you are fully responsible for all transactions, even if the Card is lost, stolen or used for unauthorized transactions. Contact Customer Service immediately if you or an Authorized User believe: (a) your Card or Card number has been lost or stolen, or (b) someone has transferred or may transfer funds from your Square Account without your permission. Contacting Customer Service by telephone at +1 (855) 809-9000 is the best way to minimize your possible losses. If you need to replace any Card that is reported lost or stolen, you can do so by selecting “Problem with your Card” in the Square Card management section of the Square Point of Sale app or Square Dashboard and requesting a new Card or by contacting Square at +1 (855) 809-9000. You will be required to provide personal and business information which may include your Card number, full name, transaction history and other relevant information.

12. Authorized Users.

You are responsible for all authorized transactions initiated and fees incurred by use of your Card and Square Account, whether deemed legal or illegal. If you allow another person to have access to your Card number, we will treat this as if you have authorized such person to use the Card, and you will be liable for all transactions and fees incurred by such person, even if they exceed the authorization granted. Prior to allowing an Authorized User to use your Card, you must ensure that each Authorized User (i) is a Canadian citizen or permanent resident of at least the age of majority in the Canadian province or territory in which they reside; (ii) agrees to the our Privacy Policy; (iii) agrees to the terms of this Agreement; and (iv) provides or agrees that you may provide all requested information, such as the Authorized User’s User Information, and such other information as we may request from time to time. Authorized User represents and warrants that all information, including User Information, provided to us or to you (to provide to us) from time to time is true, accurate, current, and complete. Authorized User agrees to promptly notify us in writing of changes to any User Information. Transactions will be considered unauthorized only after you notify us that the person is no longer authorized to use the Card. You are wholly responsible for the use of your Card according to the terms and conditions of this Agreement.

13. No Secondary Cardholders.

You may not request an additional Card for another person.

14. Using Your Card.

You may use your Card to make purchases from merchants as described below:

(a) Using your Card for Purchases. You may use your Card to make business purchases at any merchant that accepts Mastercard, subject to the funds available in your Square Account from time to time, the transaction limits described below, and the other terms and conditions of this Agreement. You may not use your Card for making purchases at any vending machines, kiosks or gas station pumps. Each time you use your Card, you authorize us to reduce the value available in your Square Account by the amount of the transaction and any applicable fees. The new balance will be available for making purchases with your Card. You are not allowed to exceed the amount of available funds in your Square Account through an individual transaction or a series of transactions. If you do not have enough funds available in your Square Account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount using another payment method. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Nevertheless, if a transaction exceeds the amount of available funds in your Square Account, you will be fully liable to us for the full amount of the transaction and any applicable fees. When making purchases with your Card at any point-of-sale (“POS”) device other than through a digital wallet provider, you may select “CREDIT” on the keypad to make a signature purchase. You may not use your Card for online gambling, whether or not it is illegal in the jurisdiction in which you are located, or for any illegal activity, transaction or purposes. You acknowledge that we may refuse to process any transaction we believe violates the terms of this Agreement. We may temporarily “freeze” your Square Account and attempt to contact you if we notice transactions that are unusual or appear suspicious to us.

(b) Merchant Holds on Available Funds. When you use your Card or Card number to initiate a transaction at certain merchant locations, websites or mobile applications, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in your Square Account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to seven (7) days for the hold to be removed. During that period, you will not have access to the funds subject to the hold.

15. No Stop Payment.

You do not have the right to stop payment on a transaction originated with the Card.

16. Cash Access.

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) that bears the Mastercard®, Maestro®, or PULSE® Acceptance Mark, or you may use your Card to withdraw funds at any POS device, as permissible by a merchant, that bears the Mastercard® or PULSE® Acceptance Mark. Some of these services may not be available at all terminals. Any funds withdrawn from an ATM or POS device are subject to the transaction limits established under this Agreement. Please refer to the maximum ATM or POS device limits per transaction, per day and per month in Section 18 - Transaction Limits below. For security purposes, we may, in our sole discretion, limit your use of your Card at ATMs or POS devices. If you seek to withdraw cash from a merchant POS device, please note that each merchant may establish limits as to how much cash may be obtained from a POS device at a single time or through a single location. When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer. We are not responsible for such fees. The amount of the fee should be disclosed at the ATM. Any such fee will be deducted from the balance of the Card, along with the amount of the withdrawal performed at the ATM.

17. Funds in Your Square Account.

Subject to the limitations set forth in this Agreement, the only funds available to use with your Card are the funds in your Square Account from time to time. When the Card is used for a transaction at a merchant, an authorization request will be transmitted to us from a merchant. We will determine if you have sufficient funds in your Square Account available to fulfill the transaction authorization request. If there are sufficient funds available for the transaction and the transaction itself is authorized, the funds will be debited from your Square Account for the amount of the transaction. If there are not sufficient funds available for the amount of the purchase or the transaction itself is not authorized, then the transaction will be declined. The value available for use with the Card is limited to the funds available in your Square Account from time to time. You may not add funds to your Square Account by any other method, including credit cards, cash or by sending personal cheques, cashier’s cheques, retailer load networks (e.g. GreenDot, MoneyGram, Western Union, etc.), or money orders to us.

18. Transaction Limits.

These are the maximum amounts that can be spent using your Card.

  • Maximum spend per transaction: CDN 10,000
  • Maximum spend per day: CDN 25,000
  • Maximum spend per week: CDN 50,000
  • Maximum spend per month: CDN 150,000
  • Maximum withdrawal at an ATM or POS device per day: CDN 500
  • Maximum withdrawal at an ATM or POS device per week: CDN 1,000
  • Maximum withdrawal at an ATM or POS device per month: CDN 2,000

In order to protect your Square Account, we may temporarily impose limits on the dollar amount, number, and type of transactions performed using your Card and your Square Account. To the extent permitted by applicable law, we reserve the right to: (a) change the transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions: and (c) limit, suspend, or block transfers from particular persons, entities, or Square Accounts.

You further agree that in connection with your use of the Services, or in the course of your interactions with Square, a user or a third party, you will not (a) use your Account or the Services in a manner that constitutes an abuse of the payment card system or a violation of payment card association rules, (b) provide yourself a cash advance from your credit card (or help others to do so), (c) use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, or (d) use the Service or your Square Account to receive an unjust benefit or enrichment.

We reserve the right to block, refuse, or reverse any payment, in our sole discretion. We will notify you promptly if we decide to do so, but notification is not required if you attempted to make a payment prohibited by these terms or applicable law. Neither we nor third parties to whom we assign or delegate rights or responsibilities will be liable for any claims or damages resulting from any payments that you initiate that are prohibited. All costs for research and resolution for any misapplied, misposted or misdirected prohibited payments will be your sole responsibility and not ours.

19. Square Account Balance.

You are responsible for keeping track of your Square Account available balance. It is important to know the amount of available funds in your Square Account before performing a transaction. Merchants generally will not be able to determine your available balance. If you do not have sufficient available funds in your Square Account to cover the transaction amount, the transaction will be declined. You acknowledge and agree that the funds available to perform transactions are limited to the funds you have in your Square Account that are not subject to a hold. You are not authorized to use funds added to your Square Account in error. Any transaction that could create a negative balance for your Square Account is not permitted. If you make a purchase or other transaction that exceeds the balance available in your Square Account, you agree that we can recover any negative balance incurred through various means including, but not limited to, your transaction proceeds and linked funding sources. Adjustments may be made to your Square Account to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to your Square Account. These processing and adjustment entries could cause your Square Account to have a negative balance. If your Square Account has a negative balance, you agree: (a) that we may automatically apply any subsequent transfers to your Square Account to satisfy the negative balance, and (b) to pay us on demand by a personal cheque, money order, or other payment method authorized by us for the amount of the negative balance. If no future funds are added to your Square Account, we may send you a notice explaining the reason for the adjustment and requesting payment by a personal cheque, money order, or other payment method to satisfy the negative balance. Payments should be mailed to us at the address provided below or the address stated in the applicable notice. Notwithstanding the foregoing, we may also exercise any rights we have to set-off against your Square Account or recover any funds you owe us pursuant to the Payment Terms.

20. Transaction History.

You may obtain information about the available funds in your Square Account and a 60-day history of your Square Account transactions on your Square Dashboard, via the Website. You will not receive paper statements for your Square Account.

21. Card Spend Report.

You may view your card spend report by logging into your Square Account.

22. Account Alerts.

By providing us with a mobile phone number, you consent to receiving transactional text (SMS) messages from us. If you provide your mobile phone number, other text message address or download the App to mobile device:

(a) we may send you important notices to the mobile number, text message address or mobile device you have provided in the App; and

(b) you expressly consent to receive text messages relating to your Square Account at that number, address or device. Third-party data and message fees may apply.

23. Verified Mobile Device.

When using the App and other Program services with your mobile device, you must provide a valid mobile device number or text message address in the App and verify such number or text message address as instructed by us. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly provide and verify your new mobile device number or text message address.

24. Preauthorized Transfers.

You cannot use your Card or Square Account to set up preauthorized transfers.

25. Transactions in Foreign Currencies.

If you make a purchase using your Card in a currency other than in Canadian dollars, the amount deducted from the available funds in your Card Account will be converted by Mastercard into Canadian dollars. The applicable exchange rate will be determined by Mastercard from the range of rates available in wholesale currency markets for the applicable processing date, which may vary from the rate Mastercard itself receives or the government-mandated rate. This rate is available each business day here. The exchange rate used for the conversion on the processing date may be different than the rate that was in effect on the date you performed the transaction and may include a margin, which is the difference between the exchange rate Mastercard is able to obtain for the foreign currency and the actual foreign exchange rate Mastercard uses for the conversion into Canadian dollars and may be an indirect cost to you.

26. Receipts.

You should request and obtain a receipt for each Card transaction. You agree to retain, verify, and reconcile your Card transactions and receipts.

27. Refunds and Disputes.

You will not receive cash refunds for Card transactions. If a merchant gives you a credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment. After the credit adjustment is processed, a credit will be returned to your Square Account and credited to your balance. We are not responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase with your Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were purchased.

28. Privacy Policy.

Your privacy is very important to us. We collect User Information as defined in Section 4 (Participating in the Program), and information relating to your transactions, for the purposes of verifying your identity and eligibility for a Card, processing transactions, administering your Card and complying with legal and regulatory requirements. We may disclose your personal information, including contact information and information about your Account and transactions to third parties: (a) as necessary to effect, administer, or enforce a transaction requested or authorized by you; (b) with your consent; (c) to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability; (d) to comply with government agency or court orders; (e) as permitted and required by applicable law; and (f) as otherwise provided in our Privacy Policy. You understand that by participating in the Program, you consent to the collection, use, and disclosure of your information as set forth in this Agreement and our Privacy Policy available on our website located here.

29. Replacement Cards on Expiration.

Your right to use the funds loaded on the Card does not expire but the expiration date of your Card is identified on the back of the Card. If there is a positive balance of funds in your Square Account upon expiration of your Card and your Square Account is in good standing, we may issue you a new Card. We may also issue you a new Card when your Card expires even if you have no funds available in your Square Account. Write down your Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case your Card is lost, stolen, or destroyed. Keep the paper in a safe place. If you need to replace your Card for any reason, please contact Customer Service +1 (855) 809-9000. You will need to provide certain User Information so we can verify your identity.

30. Our Liability to You.

We will not be liable for your losses or damages if: (a) through no fault of ours, you do not have enough available funds in your Square Account to perform the transaction; (b) circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster) prevent or delay any transactions you make using your Card despite reasonable precautions taken by us; (c) the system, was not working properly, and you knew about the problem when you initiated the transaction; (d) the funds in your Square Account are subject to legal process or are otherwise not available for transactions; (e) the merchant refuses to accept your Card; (f) if access to your Card has been blocked after you reported your Card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; (h) the transaction cannot be completed because your Card is damaged; or (i) any other exception stated in this Agreement.

31. Errors or Questions About Your Transactions.

Contact Customer Service as soon as you can if you think an error has occurred involving your Square Account. We must hear from you no later than sixty (60) days after the earlier of the date you electronically access your Square Account, if the error could be viewed in your electronic transaction history, or the date we sent the FIRST written transaction history on which the error appeared. When you send notification of an error involving your Square Account, you will need to tell us: (a) your name and Card number; (b) why you believe there is an error and the dollar amount involved; and (c) approximately when the error took place. We will review the information submitted in a commercially reasonable manner. If you need more information about our error resolution process, contact Customer Service.

32. Your Liability for Unauthorized Transactions.

Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or you believe a transaction has been made without your permission using information from your Card, your PIN, or Square Account, or you could lose all the money in your Square Account. You shall not be liable for unauthorized transactions if you have used reasonable care in protecting your card from loss or theft, and you promptly report such loss or theft to us. Contact Customer Service immediately at the number or address provided below to keep possible losses to a minimum.

33. Assignment.

To the extent permitted by applicable law, we may assign this Agreement without obtaining your consent. You may not assign or transfer your Card, your Square Account, or this Agreement without our prior written consent.

34. Severability and Waiver.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at any time.

35. Amendment.

To the extent permitted by applicable law, we may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver to you any notice of changes to existing terms or the addition of new terms by posting an updated version of this Agreement on the Website or delivering notice of changes to you electronically.

To the extent permitted by applicable law, we reserve the right to change or modify this Agreement (including the permitted uses, features and activation of the Card and of the Services available after the activation of your Card, our responsibilities or obligations under the Agreement, your responsibilities under the Agreement, disclaimers, limitation of liability and indemnification) (collectively, “Changes”). If we make Changes to the Agreement, in addition to posting the amended Agreement on our website and notifying you by email, we will also provide you thirty (30) days’ advance notice of such Changes in accordance with applicable law (“Notice”).
If the amended terms entail an increase in your obligations or a reduction in our obligations, you may send us a notice thirty (30) days after the Changes come into force to indicate your refusal of the amended terms and to request the termination of the Agreement without cost or penalty.

36. Entire Agreement.

This Agreement constitutes the entire and sole agreement between you and us with respect to the Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Program.

37. Cancellation and Suspension.

To the extent permitted by applicable law, we may cancel or suspend your Card, your Square Account, or this Agreement immediately, for any reason, and without notice to you. You may cancel your Card, your Square Account, or this Agreement at any time by notifying Customer Service at the number or address provided below. You can also cancel the Card in the Square Card management section of the Square Point of Sale app or Dashboard. Cancelling your Card will not prevent processing of pending transactions initiated prior to cancelling your Card. Cancellation or suspension of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to such cancellation or suspension. In the event that your Square Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a cheque to the mailing address we have in our records. We reserve the right to refuse to return the unused balance if it is less than $1.00.

38. Business Days.

Our business days are Monday through Friday, excluding Canadian federal and provincial statutory holidays.

39. French Language.

The parties confirm that it is their express wish that these terms and all related documents be written in English. Les parties confirment leur volonté expresse que les présentes modalités et tous les documents s’y rattachant soient rédigés en anglais.

40. Telephone Monitoring/Recording.

We may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law upon prior notice to you.

41. Website Availability.

Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

You agree to act responsibly with regard to our website and its use. You will not violate any laws, interfere or disrupt computer networks, impersonate another person or entity, violate the rights of any third party, stalk, threaten or harass anyone, gain any unauthorized entry, or interfere with the website’s systems and integrity.

We shall not bear any liability, whatsoever, for any damage or interruptions caused by any “computer viruses” that may affect your computer or other equipment. We advise the regular use of a reputable and readily available virus screening and prevention software.

42. Governing Law.

To the extent permitted by applicable law, this Agreement will be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles that provide for the application of the law of another jurisdiction. The courts of Ontario shall have exclusive jurisdictions in any dispute arising under or in connection with this Agreement.

43. Indemnification.

At our request, you agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable legal fees) that arise from your violation of this Agreement, applicable law, or any third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

44. Notification of Changes.

If your Canadian mail or postal address, or email address or telephone number changes, you must notify us immediately. Failure to do so may result in information regarding the Card or Square Account being delivered to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Square Account. You must notify us immediately in the event of the insolvency, receivership, conservatorship, bankruptcy, reorganization or change in the principal owners identified when you opened your Square Account. Your Square Account may be terminated by us in the event a change of control, reorganization, restructuring, conversion, consolidation, division or merger of principal owner for your business.

45. Limitation of Liability.

Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards, the Square Accounts, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, the Square Accounts, any products or services purchased using Square Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us).

46. Dispute Resolution by Binding Arbitration; Jury Trial Waiver; Class Action Waiver.

Section 21 of the Square Terms of Service are hereby incorporated by reference.

47. Contact Information for Customer Service.

For customer service, you may contact Square by phone at +1 (855) 809-9000, or by writing to the Square Address.

This Card is issued by Square Canada, Inc. pursuant to license by Mastercard International Incorporated.

Mastercard® is a registered trademark of Mastercard International Incorporated. All other trademarks and service marks belong to their respective owners.