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Refresh Secured Credit Card Application
Terms and Conditions

In the terms set out below, the words “I,” “my,” and “me” refer to the Applicant for a secured credit card (a “Card”) offered by Refresh Card Solutions Inc. (“Refresh”). By checking this box and submitting an Application for a Card, I agree to the following: *

• I consent to and accept that Refresh may get credit reports or other information about me from anyone, at any time. Any affiliates or service vendors acting on Refresh’s behalf may do the same;
• If Refresh approves my application, I won't let anyone else use my account other than the cardholder specified on this application or added at a later date;
• I certify, represent and warrant that the information provided is true and correct and understand that Refresh will rely on this and other information in deciding to open a Secured Credit Card Account ("Account");
• I request that Refresh open an Account and issue appropriate Cards and Personal Identification Number(s) to me (including renewals and replacements from time to time);
• I agree that use of the Account or Card(s) will confirm acceptance of the Refresh Secured Cardholder Agreement and the Security Agreement, each as amended from time to time (together, the "Cardholder Agreement") as well as a Cardholder Agreement provided by Refresh’s Card Processing Service Provider, each of which will be sent by email to me for my signature, if I am approved;
• I have read and agree to all of the terms and conditions set out in this Application. I understand that the terms and conditions set out in this Application are a summary of the key terms of the Card and a complete list of terms and conditions will be set out in the Cardholder Agreement (and the Cardholder Agreement provided by Refresh’s Card Processing Service Provider) which I must sign and agree to before using a Card. In the event of any inconsistency with the terms herein, the terms of the Cardholder Agreement, or the Cardholder Agreement provided by Refresh’s Card Processing Service Provider, as applicable, shall prevail;
• I agree that I will be liable for any use of these Card(s) and all amounts charged to the Account. If, without my authorization, the Account is accessed by use of my Card number, Card, or my Card and my PIN together in an ABM or similar equipment, I will not be held liable. However, if Refresh‘s investigation establishes that no misuse of the account, card, card number or PIN occurred, I will be liable for all transactions; and
• I understand that checking this box and submitting my application is the same as accepting these terms in writing.

Fees:

Interest

I have a minimum 21-day interest-free Grace Period for new purchases. My new purchases for each month are those which appear in the Activity Description of that month’s Card statement that is sent to me (my “Current Statement”). I can avoid interest on those new purchases by paying the New Balance in full on or before the Current Statement’s Payment Due Date. My New Balance is made up of all my purchases, Cash Advances, interest and fees incurred up to the date my Current Statement was prepared. If I do not pay my New Balance in full on or before the Current Statement’s Payment Due Date, I must pay interest on each new purchase appearing on that statement retroactively from the transaction date until the day Refresh processes my payment in full for those purchases. My next monthly statement will include interest accrued on each of those new purchases from its transaction date to the date Refresh prepares that next monthly statement. Refresh will continue to charge interest on the unpaid portion of those new purchases until the next time I pay the New Balance in full on or before its Payment Due Date. Interest related to my purchases could appear on the first statement I receive after Refresh processes that payment. This is interest that was not included in the New Balance I paid in full because it accrued between the date the monthly statement which showed that New Balance was prepared and the date I made my payment. Fees are treated in the same manner as purchases for the purpose of charging interest. The transaction date for a fee is the date that the fee is posted to my Account. Cash Advances are treated differently from purchases and never benefit from an interest-free Grace Period. Refresh does not charge interest on interest. The amount of interest Refresh charges me on my Current Statement is calculated as follows:

• Refresh adds the amount I owe each day, and divides that total by the number of days in the statement period. This is my average daily balance.
• Refresh multiplies the average daily balance by the applicable daily interest rate(s) (obtained by taking the annual interest rate(s) and dividing by the number of days in the year). Refresh then multiplies this value by the total number of days in the statement period to determine the interest Refresh charges me. When there is more than one applicable interest rate, Refresh calculates my interest based on the average daily balances for each rate.

My Current Statement will show my New Balance, Payment Due Date, transaction and posting dates, and my interest rates, including any applicable Introductory Interest Rate or Promotional Interest Rates.

Guaranteed Terms

I’m guaranteed to be approved if I meet all of the following criteria:

1. Am at least the age of majority in my province or territory of residence, and reside in a province or territory where Refresh offers the Card;
2. Don’t have an existing Card or Account or a pending application for one;
3. Haven’t applied for a Card or Account more than once in the last 30 days or had a Refresh Card or Account or a Refresh Financial Services Inc. loan account that was not in good standing in the last year; and
4. Provide security funds of $200.00 - $10,000.00 to Refresh, if I’m approved for a Card.

Full details will be e-mailed to me upon approval at the email address I provide with this application. My credit limit will be determined upon a review of my application and credit information and receipt of the required cash security deposit by Refresh.

Agreement to Terms

I understand that my security funds will be used as collateral to secure my Card obligations. By submitting this Application Form, I am requesting that a Card and security account to track my security funds be established in my name. I agree to be bound by the terms of the Refresh Secured Cardholder Agreement; Security Agreement; and Security Account Maintenance Fee Schedule & Account Agreement Supplement, as well the Cardholder Agreement between me and Refresh’s Card Processing Service Provider, that will be given to me if my application is approved, and future revisions thereof.

Security Agreement

As security for the performance of all my obligations relating to my Account, including repayment of all credit extended through my Account, I pledge and grant Refresh and its successors and assignees (collectively “Refresh”), a first-priority security interest in all funds, including any interest on such funds, now or hereafter delivered by me to Refresh (the “Funds”) as of the date of my delivery of such Funds to Refresh. Refresh may commingle the security Funds with other funds and will hold these Funds in a trust account (the “Deposit Account”). Refresh will establish a security account to track and account for my Funds. I unconditionally relinquish all possession and control over the Funds and acknowledge that Refresh will have full access to the Funds in the Deposit Account. Because the Funds are security for the Card, withdrawals from the Deposit Account are prohibited. I agree to pay all charges and fees relating to my Account and the Funds, as disclosed to me from time to time by Refresh Card Solutions Inc. I will not grant any other party any interest in the Funds. I also understand that my Funds will not be returned to me until all my indebtedness with respect to my Account is fully satisfied and all my other obligations have been performed, including any expenses incurred by Refresh in enforcing its rights in respect thereof. If I have made a false or misleading material statement in the Application Form, if I exceed my credit limit, or otherwise breach or default under the terms of the Cardholder Agreement or the Cardholder Agreement entered into by me and Refresh’s Card Processing Service Provider, or if Refresh or I terminate my Account, Refresh may, without notice to me or demand for payment, withdraw amounts from my Funds and apply such amounts in satisfaction of any obligations with respect to my Account. In addition, Refresh may exercise any other remedies permitted by my Account or the laws of the Province of issuance or applicable law. If Refresh hires legal counsel to enforce its rights with respect to my Account or the Funds, I agree to pay Refresh all reasonable legal fees and court costs that Refresh has paid. These provisions are supplemented by the Security Agreement between me and Refresh; in the event of any inconsistency, the terms of the Security Agreement shall prevail.

Security Safeguards

To protect Personal Information, regardless of the format in which it is held, against loss or theft, unauthorized access, collection, disclosure, copying, use, or modification, Refresh has implemented reasonable security safeguards which are appropriate to the sensitivity of the information that has been collected, the amount, distribution, format of the information, and the method of storage.

The methods of protection used include, but are not limited to: physical measures, for example, locked filing cabinets and restricted access to offices and data centers; organizational measures, for example, limiting access on a "need-to-know" basis; and technological measures, for example, the use of passwords and encryption.

Privacy

Refresh respects my privacy and wishes to protect it. Refresh collects and provides my information as needed for the regular operation of its business and as required by law. It is Refresh’s policy to comply with the privacy legislation within each jurisdiction in which Refresh operates. Sometimes the privacy legislation and/or an individual's right to privacy are different from one jurisdiction to another. This privacy overview covers only those activities that are subject to the provisions of Canada's federal and provincial privacy laws, as applicable. Consequently, the rights and obligations contained in this privacy overview may not be available to all individuals or in all jurisdictions. 

For the purposes described in this privacy overview, Refresh collects and maintains different types of personal information in respect of the individuals with whom it interacts. To the extent permitted by law, Refresh may collect information about consumers who are not its current customers so it can develop its products and services. Sometimes this information comes from publicly available sources (like a telephone directory and government registries). When I apply to be Refresh’s customer, Refresh collects the information given during the application process. Refresh’s operations include activities related to credit card and financial services. As a result, Refresh collects personal information relating to such activities, including: (i) contact and identification information, such as my name, address, telephone number, e-mail address and social insurance number; (ii) product and service-related information concerning the products and services that Refresh provides to me; and (iii) credit and financial information such as my direct deposit and banking information. From time to time, Refresh may utilize the services of third parties and may also receive personal information collected by those third parties in the course of the performance of their services for Refresh or otherwise. Where this is the case, Refresh will take reasonable steps to ensure that such third parties have represented to Refresh that they have the right to disclose my personal information to Refresh. 

Refresh may share my personal information with its employees, contractors, consultants, affiliates and other parties who require such information to assist Refresh with managing its relationship with me, including third parties that provide services to me or on Refresh’s behalf. Refresh’s third party service providers may provide certain services (e.g. information technology and data processing services) to Refresh from time to time so that Refresh may operate its business, and as result, my personal information may be collected, used, processed, stored or disclosed in the United States of America or other jurisdictions. As such, my personal information may potentially be accessible to law enforcement and national security authorities of those jurisdictions. Refresh may also release my information to companies that I have authorized Refresh to release my information to, including service providers (such as a Card Processing Service Provider or the printers of Refresh’s account statements), credit reporting agencies (like TransUnion and Equifax), and co-branding partners for co-branded rewards cards.

In addition, my personal information may be disclosed: as permitted or required by applicable law or regulatory requirements; to comply with valid legal processes such as search warrants, subpoenas or court orders; as part of our regular reporting activities to its affiliates; to protect the rights and property of Refresh; during emergency situations or where necessary to protect the safety of a person or group of persons; and with my consent.

Finally, Refresh may use my information in order to identify my preferences and determine my eligibility for special offers and discounts, if approved, or to make another offer to me or analyze my application (including my credit reports) even if I am declined for a Card. To the extent permitted by applicable law, this information may also be shared with any person or entity to which Refresh has assigned or transferred an interest in my Card, Account or any debt or interest due under the terms to be provided in the Cardholder Agreement.

It is important to Refresh that it collects, uses or discloses my personal information where Refresh has my consent to do so. Depending on the sensitivity of the personal information, my consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from my action or inaction. For example, when I enter into an agreement with Refresh, Refresh will assume my consent to the collection, use and disclosure of my personal information for purposes related to the performance of that agreement and for any other purposes identified to me at the relevant time.

Typically, Refresh will seek my consent at the time that it collects my personal information. In certain circumstances, my consent may be obtained after collection but prior to Refresh’s use or disclosure of my personal information. Refresh may collect, use or disclose my personal information without my knowledge or consent where Refresh is permitted or required to do so by applicable law or regulatory requirements. 

If I apply for credit, or by communicating or providing information to Refresh in any other way, I acknowledge my consent for personal information collection, protection, use, disclosure and retention as set out herein. I may change or withdraw my consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting Refresh using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to Refresh’s Privacy Office. Refresh assumes that, unless I advise Refresh otherwise, I have consented to the collection, use and disclosure of my personal information as explained in this privacy overview and application. I can tell Refresh my privacy preferences by writing to Refresh at the following address:

Attention: Privacy Office
Refresh Card Solutions Inc.
P.O. Box 25151 Mission Park RPO

Kelowna, BC. V1W 3Y7

If I want to learn more about our privacy policies, I can call Refresh toll-free at 1-855-511-6407 or review Refresh’s Privacy Statement included in the Cardholder Agreement or available on its website at www.refreshfinancial.ca.

Contacting Us & Complaint Resolution

If I have a customer service complaint or any other concern, I can call Refresh at 1-855-511-6407 or write to Refresh at P.O. Box 25151 Mission Park RPO Kelowna, BC. V1W 3Y7. If my concerns are regarding Refresh’s compliance with federal consumer protection law, public commitments, or industry codes of conduct, I can contact the Financial Consumer Agency of Canada at its office at 427 Laurier Avenue West, 6th Floor, Ottawa, ON K1R 1B9, or through its website at www.fcac-acfc.gc.ca. Please visit www.refreshfinancial.ca for additional information or to contact Refresh online.

Personal Use

I agree that I will use my Card and my Account for personal, family or household purposes only and will not use my Card or my Account for any other purpose, including for business or commercial purposes.