Direct Services Agreement
Terms & Conditions
This agreement (the “Agreement”) outlines the terms and conditions governing your use of Direct Services (defined below). The Credit Union does not offer Direct Services other than in accordance with these terms and conditions. By requesting and using Direct Services, you acknowledge your acceptance of these terms and conditions.
In consideration of the Credit Union providing access to any of your Accounts using Direct Services, you agree as follows:
- INTERPRETATION – Any defined term used in this Agreement, defined in the singular, is deemed to include the plural and vice versa.
“Account” means any of your accounts or subaccounts (if applicable) that you may have now or in the future, at the Credit Union.
“Account Agreement” means the agreements for the operation of the Account.
“Contaminant” means a computer virus, worm, lock, mole, time bomb, Trojan horse, rootkit, spyware, keystroke logger, or any other malicious code or instruction which may modify, delete, damage, disable, or disrupt the operation of any computer software or hardware.
“Credit Union”, “we”, “us” or “our” means the credit union holding your Account set out in the Account Agreement and all of its subsidiaries, affiliates and divisions.
“Debit Card” means a card, including a Smart Card, issued by us that allows the holder of the card to deposit cash and/or Instruments or withdraw cash from the Account through an automated teller machine (ATM), authorize Transactions on the Account through an ATM, and that operates like an Instrument to purchase goods and services from merchants.
“Electronic Device” means a personal computer, cell phone, smart phone, telephone, mobile device, wireless device, tablet or any other electronic device that we allow you to use to access the Electronic Services.
“Electronic Services” means the services offered by us from time to time that let you access the Account using an Electronic Device. However, Electronic Services do not include card services such as Debit Cards or Smart Cards, including those provided by a Third Party.
“Eligible Bill” means a bill that is of a class specified by a by-law, a Rule, or a standard made under the Canadian Payments Act, and defined therein as an ‘eligible bill’. For greater certainty, under this Agreement, an Eligible Bill supporting an Official Image, must be a paper-based Instrument, complete and regular on its face, immediately payable to you as payee, and be either a cheque, bank draft, or Credit Union official cheque, denominated in Canadian Dollars and drawn on a financial institution domiciled in Canada. For the purposes of this Agreement, third party Instruments that were either delivered to you with the payee in blank or endorsed over to you and post-dated Instruments shall not qualify as Eligible Bills. Further, any Instrument that has been in any way transferred to you from anyone other than the drawer, endorsed over to you, or altered after being drawn shall not qualify as an Eligible Bill.
“External Account” means an account held at: another Canadian financial institution; a registrant of the Investment Industry Regulatory Organization of Canada or the Mutual Fund Dealers Association of Canada; a card issuer; or an entity eligible for membership with the Canadian Payments Association; in each case, being an account in your name or on which you have the authority to independently authorize Transactions.
“External Account Holder” means an entity holding your External Account.
“Identity” means your name, user name or other means by which we identify you for your use of a service. An Identity, together with a Proof of Identity, allows access to Electronic Services.
“Instrument” means a cheque, promissory note, bill of exchange, order for payment, securities, cash, coupon, note, clearing item, credit card slip for processing, other negotiable instrument, or item of deposit or withdrawal of a similar nature and its electronic equivalent, including electronic debit instructions.
“Notice Contact Information” means the contact information, including, without limitation, mailing address (including postal code), email address, fax number or telephone number that can receive SMS texts, provided by you to, and accepted by, us, through which we give written notice to you in accordance with this Agreement.
“Notification” means a written notification generated by or on behalf of us that provides, to you, notice of a pending or completed Transaction or a summary of the balance of the Account, including notifications issued by email or SMS text messages to any of your Notice Contact Information.
“Official Image” means an electronic image of an Eligible Bill, either created in accordance with the provisions of this Agreement or that otherwise complies with the requirements to permit negotiation and clearing of that Eligible Bill in accordance with the by-laws, standards, or Rules of the Canadian Payments Association.
“PAD” means a Preauthorized Debit.
“Participating Financial Institution” means a financial institution participating in e-Transfer Services and/or Online Payment Services, as the case may be.
“Password” means the personal access word or personal access code used with Electronic Services to access an Account.
“Preauthorized Debit” means a Transaction debiting the Account that is processed electronically by a financial institution in accordance with your written request.
“Proof of Identity” means the means by which Identity is verified. Proof of Identity may include answers to security questions or the use of a passphrase and may include the use of fingerprints, voiceprints, facial recognition, or other biometric means.
“Remote Instructions” means instructions given to us with respect to the operation of the Account from a remote location, using a computer, portable hand-held or wearable device, telephone, mobile telephone, fax, via our online banking system, email, text message transmission, or other remote communication acceptable to us in order to operate the Account or authorize Transactions and make arrangements with us.
“Rules” means the published rules and standards of the Canadian Payments Association as amended from time to time.
“Smart Card” means a Debit Card that has an embedded integrated circuit that can process data and protect the cardholder from fraudulent use.
“SMS” or “Short Message Service” is a text messaging service component of an Electronic Device.
“Third Party” means any person, firm, corporation, association, organization or entity (other than you or us);
“Third Party Service Providers” means any person, firm, corporation, association, organization, or entity providing Electronic Services (or any aspect of Electronic Services) for or on behalf of us to our members.
“Transaction” means any transaction processed to or from the Account.
“Unsanctioned Aggregation Service” means an online account aggregation or personal financial management service that retrieves, consolidates, organizes and presents your accounts for the purpose of allowing you to view your accounts with an Unsanctioned Aggregator in a single location. An Unsanctioned Aggregation Service does not include a personal financial management and account aggregation feature or service that we may offer through Electronic Services.
“Unsanctioned Aggregator” means a third party who provides an Unsanctioned Aggregation Service. An Unsanctioned Aggregator does not include a Third Party Service Provider that we retain to assist us in providing a personal financial management or account aggregate feature that we may offer through Electronic Services.
“you” and “your” means the customer or member of the Credit Union who holds the Account with us authorized for Electronic Services. For clarity, “you” and “your” may refer to an individual or a Business User (as defined below).
- MODIFICATION OF AGREEMENT – We may, in our sole discretion, amend the terms and conditions of this Agreement as it relates to your future use of Electronic Services from time to time, for any reason, without any liability to you or any other person. We may provide notice of a change to this Agreement in the manner set out in the “Notices” section below and you are responsible for regularly reviewing the terms and conditions of this Agreement. If you use the Electronic Services after the effective date of an amendment to this Agreement, it will mean that you agree to the amendment and that you will be bound by the newer version of this Agreement. You must not change, supplement, or amend this Agreement by any means.
- PERSONAL INFROMATION – We may collect, use, and disclose your personal information in order to provide financial services and products to you, to verify or determine your identity in accordance with our “know your client” obligations, and to comply with legal and regulatory requirements, all in accordance with this Agreement and our privacy policies. We may obtain, collect, use, and release your confidential information: (i) as permitted or required by law, including in a court proceeding, (ii) with your consent or; (iii) as necessary to process Transactions.
- USE OF SERVICES – You may use Electronic Services to access any permitted Account and to authorize such Transactions as may be permitted by us, starting on the day these terms and conditions are accepted by you and your request for Electronic Services is approved by us. We may occasionally add to or delete from the types of use permitted and Electronic Services offered.
In connection with Electronic Services, you agree to provide true, accurate, current, and complete information about you, the Account, and any External Account when required by us. Further, you agree to notify us (in the manner set out in the “Notices” section below) of any changes to such information within a reasonable period of time.
- SERVICES AND FEES –
You agree to pay the service charges that we, or a Third Party Service Provider, establish, from time to time, for Electronic Services, including, without limitation, service charges for providing records regarding you that we are legally required to provide. We may, from time to time, increase or decrease the service charges for Electronic Services and provide notice of such changes in the manner set out in the section titled “Notices” in this Agreement. Current service charges for Electronic Services may be obtained by contacting us or through our website. You are responsible for determining the then current service charges for Electronic Services you request, in advance of requesting those services. By requesting Electronic Services, you acknowledge your agreement to pay service charges for the Electronic Services requested by you then in effect. We can deduct service charges from the Account (or your other accounts with us) when the service is requested or performed. New or amended service charges and fees will become effective on the earlier of the stated effective date following publication, when the service is requested or performed, or when incurred, and in any event, no later than 30 days after publication by the Credit Union.
AVAILABILITY OF ELECTRONIC SERVICES
The availability of Electronic Services depends on telecommunications systems, computer hardware and software, and other equipment, including equipment belonging to us and Third Party Service Providers and that there is no guarantee or obligation to provide continuous or uninterrupted service. Neither we nor any Third Party Service Providers are liable for any cost, loss, damage, injury, inconvenience, or delay of any nature or kind whatsoever, whether direct, indirect, special, or consequential, that you may suffer in any way arising from non-continuous or interrupted service or the Credit Union or any Third Party Service Providers providing or failing to provide Electronic Services, or from the malfunction or failure of telecommunication systems, computer hardware or software, or other equipment or other technical malfunctions or disturbances for any reason whatsoever, nor are we or any Third Party Service Providers liable for any lost, incomplete, illegible, misdirected, intercepted, or stolen messages, or failed, incomplete, garbled, or delayed transmissions, or online failures (collectively, “Interruption Claims”), even if you have advised us of such consequences. You release and agree to hold harmless the Credit Union and any Third Party Service Providers from any and all Interruption Claims.
You agree to use all reasonable security measures and procedures to ensure the security of your Accounts, services, Debit Cards, Identity and Proof of Identity, computers and other systems used to access Accounts or services (including mobile and wearable devices), and your confidential and personal information. This includes:
- Always using current firewall and anti-virus programs, and promptly installing all updates and security patches for all software used;
- Never providing any account information or, any Identity or any Proof of Identity to anyone in response to an unsolicited email or call, or to anyone else who may pretend to represent us and ask for this information;
- Never clicking on a link provided in an unsolicited email;
- Always verifying the identity of any caller claiming to represent us, and the authenticity of any telephone number or website address provided by a caller or in an unsolicited email; and
You irrevocably authorize and direct us to debit or credit, as the case may be, the amount of any Transaction to the Account, together with any service charges or fees, authorized using the Password, in person by you, such other form of Proof of Identity or as otherwise contemplated or permitted by the Account Agreement, in accordance with our normal practices, which may be amended from time to time without notice.
- IDENTITY, PROOF OF IDENTITY AND PASSWORD – Your Identity, Proof of Identity and Password are used to identify you for access to Electronic Services. You may change your Identity, Proof of Identity or Password at any time. You will change your Identity, Proof of Identity and/or Password promptly upon request from us. For additional security, it is recommended that you change your Password on a regular basis, such as every 90 days.
You agree to keep your Identity, Proof of Identity and Password confidential and will take every reasonable precaution to keep your Electronic Device secure from others. This includes:
- If any Proof of Identity or Password must be recorded, you will not record it on your Electronic Device (unless you are using an encrypted password manager program or similar application) or keep it near your Electronic Device.
- Avoiding a Proof of Identity or Password that may be easily determined by others, such as your name, birthday, phone number, address, or Social Insurance Number;
- Not disclosing your Identity, Proof of Identity or Password voluntarily to anyone at any time, including to a family member, friend, other financial institution, agent or employee, or law enforcement agency; and
- Taking all reasonable precautions to ensure that no one finds out your Identity, your Proof of Identity or Password while logging into the Electronic Services.
You acknowledge that we may, from time to time, implement additional security measures, and you agree to comply with all instructions issued by us concerning such security measures.
There are inherent risks associated with responding to unsolicited emails, telephone calls, and text message transmissions from persons purporting to be representatives of the Credit Union. We advise that you not respond to such unsolicited communications, and you should only initiate communications with us either through the Electronic Services (e.g., through our internet banking platform or mobile application, as applicable) or through our published contact information as shown on our website.
If you disclose your Identity, your Proof of Identity and/or Password to another person, then any Transaction made by that person will be deemed to have been authorized by you. You are responsible for the accuracy of your Transaction instructions, including account number, payment amount, and any other relevant information recorded or entered by you into our systems. Depending on the type of transaction, electronic payment instructions may be final and irrevocable, and it may not be possible to retrieve funds sent in error.
If you choose to share your Identity, your Proof of Identity and/or Password with an Unsanctioned Aggregator you acknowledge and agree that: (i) we will not help the Unsanctioned Aggregator in any way and will not be responsible for the information retrieved by the Unsanctioned Aggregator; (ii) we will not be responsible to you for any losses that may result from you sharing your Identity, your Proof of Identity and/or Password, using the Unsanctioned Aggregation Service; (iii) you are responsible to review the security and privacy standards of the Unsanctioned Aggregator and to determine what your liability will be in connection with the Unsanctioned Aggregation Service; (iv) you will change your Password immediately when you end the Unsanctioned Aggregation Service; and (v) we have the right to prevent Unsanctioned Aggregators from accessing your Accounts.
You agree to notify us immediately in the manner set out in the section titled “Notices” in this Agreement, as soon as you know or suspect that:
- your Debit Card is lost or stolen, or has been used by someone else;
- your Identity, Proof of Identity, Password or other credentials that are used to log into Electronic Device have become known to someone else;
- there has been any misuse or unauthorized use of your Identity, a Password, and/or such other form of Proof of Identity; or
- you receive Notification of any Transaction affecting your Account that alerts you of Account activity that was not authorized by you.
You will change your Identity, Password or any other form of Proof of Identity if any of the notification requirements above arises.
You are responsible for all Transactions authorized by you using your Password and for all other Transactions where your Debit Card or Password are used to carry out the Transaction. You are also responsible if:
- you make any entry error or worthless or fraudulent deposit;
- you fail to notify us immediately; or
- you voluntarily allow another person to use your Electronic Device if your Debit Card is stored in a digital wallet on the Electronic Device.
Your liability may exceed your Account’s credit balance or available funds if:
- you Account has overdraft protection or is linked to a line of credit, or is linked with another account having these features; or
- the Transaction is completed because of an entry error or a fraudulent or worthless deposit.
- REMOTE INSTRUCTIONS –
You may provide Remote Instructions to any branch of the Credit Union as permitted by us, online through the Electronic Services, through our mobile application, or through our telephone banking service, if any. The Remote Instructions may concern the Account maintained at that branch, or concern other Transactions and arrangements conducted at or with that branch.
We may, but will not be obliged to, act on Remote Instructions received in your name along with any requisite Password or such other form of Proof of Identity, if any, to the same extent as if the Remote Instructions were written instructions delivered to us by mail and signed by you or such other person authorized to operate the Account. Any such Remote Instructions are deemed genuine.
We may, in our sole discretion, acting reasonably, delay acting on or refuse to act on any Remote Instruction.
Remote Instructions can be transmitted to us at the telephone or fax number or email address or any other digital means we identify for transmission of information provided by the Credit Union, or at such other telephone or fax number or email address or any other digital means we identify for transmission of information as we may advise you by notice in writing, or online through the Electronic Services. We, acting reasonably, are entitled to assume that any person identifying themself as you is in fact you, and can rely upon such, and we may act on the Remote Instructions provided by any such person. All Remote Instructions given to us in your name will bind you.
- VERIFICATION AND ACCEPTANCE OF TRANSACTIONS BY THE CREDIT UNION – All Transactions are subject to verification and acceptance by us and, if not accepted, or if accepted but subsequently determined to be in error or otherwise improper or unauthorized, we may, but are not obliged to, reverse them from your Account. Account verification may take place at a date later than the date you authorized the Transaction, which may affect the Transaction date. Notwithstanding any other provision herein, if at any time we, acting reasonably, ever determine that a credit made to or traced to your Account was made in error or based upon a mistake of fact, or induced through or in any way tainted by fraud or unlawful conduct, we may place a hold on the credit and/or reverse the credit and any applicable interest.
- CREDIT UNION RECORDS – Our records of all Transactions will be deemed to be correct and will be conclusive and binding on you. All Transactions will appear on the regular statements of account for the Account.
If you believe or suspect that our records contain an error or omission, or reflect unauthorized Account activity, you agree to give immediate notice to us in the manner set out in the section titled “Notices” in this Agreement, and in any event, you agree to do so within the time provided in the Account Agreement.
A copy of any fax or email message or other Remote Instructions or our notes of any Remote Instructions given by telephone may be entered into evidence in any court proceedings as if it were an original document signed by you. You will not object to the admission of our or any Third Party Service Provider’s records as evidence in any legal proceeding and all such records will be conclusive evidence for all purposes in respect of any matter or thing relating to the state of the Accounts between you and us in respect of any Transaction.
- LIABILITY FOR ERRORS AND OMISSIONS – If we make an error or omission in recording or processing any Transaction, we are only liable for the amount of the error or omission if you have not caused or contributed to the error or omission in any way, you have complied with this Agreement and the Account Agreement, and you have given notice to us in the manner set out in the section titled “Notices” in this Agreement within the time provided in the Account Agreement, and to the extent the liability is not otherwise excluded by this Agreement or the Account Agreement.
If you have given such notice, our maximum liability is limited to the amount of the error or omission. In no event will we be liable for any delay, inconvenience, cost, loss, or damage (whether direct, special, indirect, exemplary, or consequential) whatsoever caused by, or arising from, any such error or omission.
Except as expressly contemplated in this Agreement, we are not responsible for any loss or damage suffered or incurred by you except to the extent caused by our gross negligence or intentional or wilful misconduct, and in any such case we will not be liable for any indirect, special, consequential, or exemplary damages (including, but not limited to, loss of profits) regardless of the cause of action and even if we have been advised of the possibility of such damages. Except as expressly provided otherwise in this Agreement, in no event will we be liable for any cost, loss, or damage (whether direct, indirect, special, or consequential) suffered by you that is caused by:
- PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND OTHER TRANSACTION PROBLEMS – In the event of a problem with a Transaction or an unauthorized Transaction, you will report the issue immediately to us. We will investigate and respond to the issue on a timely basis. We will not unreasonably restrict you from the use of the Account subject to dispute, as long as we are satisfied that you did not cause or contribute to the problem or unauthorized Transaction, have fully cooperated with the investigation, and have complied with this Agreement and the Account Agreement. We will respond to reports of a problem or unauthorized Transaction in a timely manner and will, within a reasonable period of time, thereafter, indicate what reimbursement, if any, will be made for any loss incurred by you. Reimbursement may, but will not necessarily, be made for losses from a problem or unauthorized Transaction in this time frame provided that you have complied with this Agreement and on the balance of probabilities it is shown that you took all reasonable and required steps to:
- ELECTRONIC DEVICE SECURITY – If Electronic Services are made available through the Internet, a telephone service provider or our mobile application, you acknowledge that, although we use security safeguards to protect against loss, theft, and unauthorized access, because of the nature of data transmission, security is not guaranteed and information is transmitted at your risk. You acknowledge and shall ensure that any private Electronic Device used to access Electronic Services is auto-locked by a password to prevent unauthorized use of the Electronic Device, has a current anti-Contaminant program, and a firewall, and that it is your personal responsibility to reduce the risk of Contaminants or online attacks and to comply with this provision. You further acknowledge that to reduce the risk of unauthorized access to the Account through the Electronic Device, you will sign out of Electronic Services and, where applicable, close the browser when finished using it. You further acknowledge that using public or shared computers and Electronic Devices, or using Electronic Devices in a public place, or through an open Wi-Fi or shared Bluetooth portal, to access Electronic Services increases the risk of unauthorized access to your Account, and you should take all reasonable precautions to avoid such use or inadvertent disclosure of your Password and/or such other form of Proof of Identity.
- FRAUD PREVENTION AND DETECTION – You agree to maintain appropriate security controls and procedures to prevent and detect thefts of Instruments, or losses due to fraud or forgery involving Instruments, or fraudulent or unauthorized Transactions.
- LINKS – If Electronic Services are made available through the Internet, our website may provide links to other websites, including those of Third Party Service Providers who may also provide services to you. You acknowledge that all those other websites and services provided by Third Party Service Providers are independent from us and may be subject to separate agreements that govern their use. We have no liability for those other websites or their contents or the use of services provided by Third Party Service Providers. Links are provided for convenience only, and you assume all risk resulting from accessing or using such other websites or services provided by Third Party Service Providers.
- THIRD PARTY SERVICE PROVIDERS – From time to time, we may make services provided by Third Party Service Providers available directly to you through Electronic Services, our website or through our social media platforms. In this event, you acknowledge and agree that:
- BILL PAYMENTS MADE THROUGH ELECTRONIC SERVICES – You acknowledge and agree that:
- ELECTRONIC SERVICES AND THIRD PARTY SERVICES – In respect of all Electronic Services and any services made available to you from Third Party Service Providers by us, you shall not:
(a) use the services, in our, or a Third Party Service Provider’s, judgement, to post, upload, reproduce, distribute, or otherwise transmit information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence;
(b) use the services, in our, or a Third Party Service Provider’s, judgement, to post, upload, reproduce, distribute, or otherwise transmit information or materials where such activity gives rise to civil liability or from otherwise violating the rights or assisting others to violate our rights, the rights of any applicable Third Party Service Provider or any Third Party;
(c) use the services of another provider to engage in or facilitate any activity that violates this Agreement; and
(d) take steps, or cause, or permit anything to be done that could undermine the security or integrity of the services (including activities that threaten to harm or cause harm to any other participant in the provision, utilization, or support of the Electronic Services or services made available from Third Party Service Providers).
In the event of a breach of the provisions of subsections (a) through (d) above, your participation in Electronic Services or any service provided by us or any Third Party Service Providers may be restricted, suspended or terminated. In addition, such a breach may result in (1) the blocking or filtering of your content, data or materials, or (2) deletion of your content, data or materials from our or any Third Party Service Provider’s services.
We, our Third Party Services Providers, and our licensors, are the owners of all intellectual property rights subsisting on each page in the screens made available to you through Electronic Services. Unless otherwise indicated, trademarks and logos, and all works, including texts, images, illustrations, software, HTML codes, audio clips and videos appearing on Electronic Services are our, our Third Party Services Providers, and our licensors, property. No part of any website page in Electronic Services may be reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part, in any form whatsoever, without our express written permission. The only exception is for personal and non-commercial use (including viewing, printing or archiving of electronic copies of your Electronic Services activities), that is otherwise in accordance with the terms of this Agreement and as we may further instruct you. Nothing in this Agreement or on our Electronic Services is to be interpreted as conferring a right to use our works, trademarks or logos in any other way.
- TRANSFERS WITH EXTERNAL ACCOUNTS – If we, through Electronic Services, enable you to transfer funds between the Account and an External Account, then:
- TRANSFERS WITH LINKED ACCOUNTS – If we, through Electronic Services, enable you to link multiple Accounts to a single username to allow you to access the Accounts from a single username, it will not constitute merging the Accounts. If the Accounts are linked through Electronic Services, then:
- E-TRANSFER SERVICES – If we, through Electronic Services, make e-Transfer Services available and you use the e-Transfer Services, you acknowledge and agree that:
(a) the following terms will have the following meanings in this section (and elsewhere in this Agreement):
- VIEWING CHEQUE IMAGING – We may, in connection with Electronic Services, permit you to view and print images of Instruments (including certain void Instruments) drawn on the Account and such images may be made available before we have determined whether the Instrument will be honoured or accepted. You acknowledge and agree that such images are made available by us as a service to you and the provision of such images does not mean that the Transaction has been processed, nor does it in any way oblige us to honour or accept the Instrument.
- STOP CHEQUE – We may, in connection with Electronic Services, permit you to make a request to stop a cheque payment that has not yet been completed (the “Stop Cheque Service”). If we or any Third Party Service Provider, through Electronic Services, make the Stop Cheque Service available and you use the Stop Cheque Service, you acknowledge and agree that:
- DIGITAL WALLET – A digital wallet is a mobile device application that allows you to make a payment with your Debit Card by waving your mobile device near a payment terminal, without needing to insert the Debit Card in the payment terminal, and without necessarily having to enter a Password or any other Proof of Identity. You may only use digital wallets that have been approved by us, and we may, in our discretion, withdraw that approval. Digital wallets may be used at participating merchants, for payments up to a maximum amount determined by us, the merchant, or the digital wallet provider.
Your use of a digital wallet is governed by your agreement with the digital wallet service provider. The digital wallet service provider is responsible for the performance of the digital wallet. We are not responsible for any problems experienced with the digital wallet.
The collection, use and disclosure of your personal information is governed by our privacy policies. In addition, you agree that we may collect, use and disclose personal information about you, including information related to your Account(s) and use of a digital wallet, in order to verify your identity and to facilitate your use of a digital wallet. You understand that use and disclosure of your personal information by Third Parties may be governed by additional privacy policies in force between you and Third Parties, such as a digital wallet service provider. You are solely responsible for identifying, understanding and complying with all additional privacy policies.
To help protect you and us from error and criminal activities, we and a digital wallet service provider may share information reasonably required for such purposes as fraud detection and prevention (for example, informing a digital wallet service provider if you notify us of a lost or stolen device). You understand and agree that we may aggregate and anonymize information relating to your spending and Transactions for analysis purposes and may share that anonymized information with digital wallet service providers.
You agree to receive communications from us, including emails to the email address or text message to the mobile number you have provided in connection with your Account. These communications will relate to your use of your Debit Card in a digital wallet. You agree to update your contact information when it changes by contacting us. You may also contact us if you wish to withdraw your consent to receive these communications but doing so may result in your inability to continue to use your card(s) in a digital wallet.
To add a Debit Card to a digital wallet, you must follow the instructions provided by the digital wallet service provider and any additional instructions provided by us. In some circumstances, we may not allow a Debit Card to be added to a digital wallet. We may terminate or suspend use of a Debit Card with a digital wallet for any reason at any time, with or without notice to you.
We do not currently charge any additional service fees when a Debit Card is used through a digital wallet. However, we will charge the service fees generally applicable to the use of the Debit Card. You are responsible for any service fees imposed by the digital wallet service provider, your phone company, or any other person.
You must maintain the security of your Electronic Device by protecting it with a secure access code or biometric, by knowing its location at all times, and by keeping it up to date with the latest operating system software, security patches, and anti-virus and anti-spyware programs. You must only use the latest version of the digital wallet.
You must protect and keep confidential your Proof of Identity and all other credentials you use to log into your Electronic Device, to use the digital wallet, and to make payments with your Debit Card using the digital wallet. If you share these credentials with another person, then any payments made by that person will be deemed to have been authorized by you. You must ensure that only your Proof of Identity credentials are recorded on your Electronic Device. If the Proof of Identity credentials of another person can be used to unlock the Electronic Device, then any payments made by that person will be deemed to have been authorized by you.
You must not use a digital wallet on an Electronic Device that you know or suspect has its security or integrity compromised (e.g., where the Electronic Device has been “rooted”, “jailbroken”, or had its security mechanisms bypassed). If you do, then any payments made using that Electronic Device will be deemed to have been authorized by you.
You must delete your Debit Card from your digital wallet if:
- you upgrade, change, sell, give away, or otherwise dispose of your Electronic Device;
- you temporarily give possession of your Electronic Device to any other person (including for repairs);
- you terminate your digital wallet service; or
- we ask you to do so.
- DEBIT CARD MANAGEMENT – “Debit Card Management Service” means the service that enables you to: (1) ‘lock’ your Debit Card and ‘block’ certain transactions from your Debit Card, and (2) set certain spending limits on your Debit Card, until you adjust or remove those limitations. If we, through Electronic Services, make the Debit Card Management Service available and you use the Debit Card Management Service, you acknowledge and agree that:
The following terms will have the following meanings in this section (and elsewhere in this Agreement):
Different Levels of Access – We may provide different levels of access to the Business Electronic Services for different categories of Business Users. A Business User’s ability to access the Account and use Business Electronic Services will be limited by the level of access that we provide to him or her. It is the responsibility of the Business to ensure that the level of access we provide to a particular Business User is appropriate for that person.
By designating a person as a Signing Officer, the Business is authorizing that person to view information about the Business and to carry out online Transactions on behalf of the Business. In addition, Signing Officers are authorized to appoint Delegates on behalf of the Business.
If the Business requires more than one Signing Officer to authorize a Transaction then we may allow one Signing Officer to initiate a Transaction; however, the other Signing Officer(s) will generally be required by us to approve the Transaction. Nonetheless, we may (in our sole discretion) choose to receive or rely on instructions from any single Signing Officer on behalf of the Business even if two or more signatures are otherwise required to operate the Account (e.g., to sign cheques, etc.).
By designating a person as a Delegate, the Business is authorizing that person to access and view information about the Business and the Account. Delegates do not have the right to carry out online Transactions on behalf of the Business. Any Transactions which are started by a Delegate must be authorized by a Signing Officer (or Signing Officers, if dual authorization is required) before being completed. Notwithstanding the foregoing, some Delegates may be permitted or authorized by the Business to carry out certain Transactions subject to any additional requirements set by us from time to time.
We are not responsible for determining the adequacy of the authority of any Business User and we are entitled to rely on any instruction provided to us by a Business User which is within the scope of their designated authority as set out above. It is the Business’s responsibility to verify the identity of each Signing Officer or Delegate at the time of his or her appointment and to provide that information to us when requested.
You further agree to diligently supervise and monitor the conduct and work of all agents having any role in the preparation of your Instruments, your reconciliation of the statement of account for the Account, or other banking functions.
Collection, Use and Disclosure of Personal Information – The Business will ensure that each Business User consents to the collection, use and disclosure of his or her personal information as required in order for us: (i) to verify his or her identity; (ii) to provide financial services and products to the Business, including to carry out actions and Transactions as the Business User may instruct; and (iii) to comply with legal and regulatory requirements.
Passwords – The Business will ensure that each Business User follows any additional duties in this Agreement, including the duty to carefully choose a Password, the duty to keep Passwords secret, and the duty to change Passwords and notify us if the Business User suspects that someone else knows a Password. In addition, the Business will ensure that each Electronic Device that a Business User uses to access Business Electronic Services on behalf of the Business has an up-to-date anti-virus program, anti- spyware program and a firewall, where such security measures are available for the Electronic Device.
Unauthorized Use/Entry Errors – The Business accepts responsibility for all liability that may arise as a result of: (i) a Business User authorizing a Transaction on behalf of the Business, whether with or without the Business’ specific authorization in any particular instance; or (ii) a Business User making entry errors. The Business also accepts responsibility for all liability that may arise from any unauthorized use, including a Business User misusing his or her authority in any way, either purportedly on the Business’ behalf or for personal or other purposes.
Indemnity by Business – The Business agrees to indemnify and save us harmless from and against all liability that may arise (other than due to our own gross negligence or misconduct), including legal fees and disbursements reasonably incurred by us, arising from a breach by the Business or a Business User of any part of this Agreement, or from our acting or declining to act upon any instruction or information given to us in accordance with this Agreement. This indemnity is in addition to any other indemnity or assurance against loss that the Business may provide to us and will survive any termination of this Agreement.
For the purpose of this section (and elsewhere in the Agreement), “DMM Services” means certain digital money management tools and services offered by our service provider MX Technologies Inc. (“MX”) through electronic services. DMM Services include but are not limited to aggregating third party accounts, creating budgets, tracking spending, and viewing insights. If we, through Electronic Services, make DMM Services available to you and you use the DMM Services, you acknowledge and agree that the additional terms contained in this section will apply to your access and use of DMM Services and that we are providing the DMM Services to you independently and not on behalf of any third party. If there is a conflict between the terms in section and the general terms and conditions in this Agreement, the terms of this section will apply to the extent necessary to resolve the conflict with respect to the DMM Services.
Your Information – MX has agreed to protect your information, including your login, password, any other authentication information required and any transaction data (collectively, “User Data”) with the utmost of care and confidentiality, and to implement appropriate safeguards designed to help ensure the security and confidentiality of User Data. MX will use User Data to provide the DMM Services to you. MX may also use User Data for software optimization, improvement of the DMM Services, database integrity, benchmarking against internal MX data or processes, and financial audits. MX has agreed not to use User Data for any other purposes. In addition, we may use User Data to provide the DMM services to you, to provide personal financial management services to you, to improve and develop our products and services, to conduct research and generate statistics related to our business, products, services and membership, and for other uses described in this Agreement and in our privacy policies. You understand and agree that User Data does not represent an official record of your account with any financial institution. You may have certain rights with respect to User Data, including without limitation, the right to terminate access and require deletion. However, if you exercise such rights, we may not be able to provide you the DMM Services. Please see our privacy policies for further information regarding these and other rights you may have with respect to User Data. In the event we stop making the DMM Services available to you, User Data in our possession or control will be safeguarded, deleted, and purged in accordance with our privacy and record retention policies and procedures then in effect.
Provide Accurate Information – You represent and agree that all information you provide to us in connection with the DMM Services is accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the accounts at third party sites which you include or access through the DMM Services, and that you have the authority to (i) designate us and MX as your agent, (ii) use the DMM Services, and (iii) give us and MX the passwords, usernames, and all other information you provide.
Content You Provide – Your use of the DMM Services is your authorization for us or MX, as your agent, to access third party sites which you designate in order to retrieve information. You are licensing to us and MX any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the DMM Services. You authorize us or MX to use any information, data, passwords, usernames, PINS, personally identifiable information or other content you provide through the DMM Services or that we or MX retrieve on your behalf for purposes of providing the DMM Services, to offer products and services, and for other permissible business purposes. Except as otherwise provided herein, we or MX may store, use, change, or display such information or create new content using such information. YOU UNDERSTAND AND AGREE THAT THE DMM SERVICES WILL BE PROVIDED FROM THE UNITED STATES, AND THE DATA YOU PROVIDE THROUGH THE DMM SERVICES, INCLUDING YOUR PERSONALLY IDENTIFIABLE INFORMATION, WILL BE TRANSFERRED AND PROCESSED FROM WITHIN THE UNITED STATES.
Authority to Access Information – Unless and until this Agreement is terminated, you grant us and MX the right to access information at third party sites on your behalf. Third party sites shall be entitled to rely on the authorizations granted by you or through your Account. For all purposes hereof, you hereby grant us and MX the right to access third party sites to retrieve information, use such information, as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. Upon notice to us, you may (i) revoke our right to access information at third party sites on your behalf, or (ii) subject to our, and MX’s, right to use aggregated data (as described below), request deletion of information collected from third party sites. You understand and agree that the DMM Services are not sponsored or endorsed by any third party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR MX ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE, OR MX, ARE ACTING AT YOUR REQUEST AND WITH YOUR PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE THIRD PARTY SITES.
Third Party Accounts – With respect to any third party sites we may enable you to access through the DMM Services or with respect to any non-Credit Union accounts you include in the DMM Services, you agree to the following:
Limitation of Services - When using the DMM Services, you may incur technical or other difficulties. We nor MX are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the DMM Services is for informational purposes only, does not represent an official record of your account, may not reflect your most recent transactions, and should not be relied on for transactional purposes. We and MX reserve the right to change, suspend or discontinue any or all of the DMM Services at any time without prior notice. If DMM Services are discontinued, your information shall be retained in accordance with this Agreement and our privacy policies.
Aggregated Data – Anonymous, aggregate information, comprising financial account balances, other financial account data, or other available data that is collected through your use of the DMM Services, may be used by us and MX to conduct certain analytical research, performance tracking and benchmarking. MX may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
Ownership – You agree that we and MX, as applicable, retain all ownership and proprietary rights in the DMM Services, associated content, technology, mobile applications and websites.
User Conduct – You agree not to use the DMM Services or the content or information delivered through the DMM Services in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the DMM Services to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for us or MX or cause us to lose the services of MX; (d) access the information and content programmatically by macro or other automated means; or (e) use the DMM Services in such a manner as to gain unauthorized entry or access to computer systems.
Indemnification – You agree to defend, indemnify and hold harmless the Credit Union, MX and their officers, directors, employees and agents from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the DMM Services, your violation of these terms or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
Disclaimer – The DMM Services are not intended to provide legal, tax or financial advice. The DMM Services, or certain portions and/or functionalities thereof, are provided as strictly educational in nature and are provided with the understanding that neither we nor our MX are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice including financial, is required, the services of a competent professional person should be sought. We and MX specifically disclaim any liability, loss, or risk which is incurred as consequence, directly or indirectly, of the use and application of any of the content on the DMM Services. Further, we and MX are not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the DMM Services or any materials or information accessible through them. Past performance does not guarantee future results. We and MX do not warrant that the DMM Services comply with the requirements of the Financial Industry Regulatory Authority (FINRA) or those of any other organization anywhere in the world.
DISCLAIMER OF WARRANTIES - YOU AGREE YOUR USE OF THE DMM SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, AND MX, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE DMM SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND MX, MAKE NO WARRANTY THAT THE DMM SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE DMM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE DMM SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE DMM SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE DMM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. WE, ON BEHALF OF OURSELVES AND MX, EXPRESSLY DISCLAIMS ANY TYPE OF REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OR RESPONSE TIME OF THE SERVICE OR CONTENT OR INFORMATION OBTAINED THROUGH THE DMM SERVICES OR THAT SUCH ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE AND, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, EXPRESSLY DISCLAIMS THE ACCURACY, COMPLETENESS AND CURRENCY OF ALL INFORMATION COLLECTED ON YOUR BEHALF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CREDIT UNION OR MX THROUGH OR FROM THE DMM SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY - YOU AGREE THAT THE CREDIT UNION AND MX WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE DMM SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR MX’S ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE DMM SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE DMM SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE DMM SERVICES.
Waiver of Jury Trial and Class Action - You agree that, with respect to any dispute with us or MX, arising out of or relating to your use of the DMM Services or this Agreement: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
37. OTHER AGREEMENTS - In addition to this Agreement, the terms and conditions of the Account Agreement between you and us will apply to Electronic Services and to Transactions made under this Agreement, except as expressly provided otherwise in this Agreement. If there is a conflict between the terms and conditions of the Account Agreement or any other agreements between you and us and the terms and conditions of this Agreement, then the terms and conditions of this Agreement will apply in respect of Electronic Services. There are no representations or warranties made by us to you concerning Electronic Services except for the representations, warranties, and obligations of the Credit Union as expressly set out in this Agreement. Any advice, information, or statements provided by us or any Third Party Service Providers, agents, or their representatives, whether oral or written, will not create any representation, warranty, or condition or vary or amend this Agreement, including the above liability exclusions, liability limitations, release and indemnity provisions, and you may not rely upon any such advice or information.
- SOFTWARE LICENSE – If you download software that we make available to you in connection with your use of any of the Electronic Services, we grant to you a non-exclusive and non-transferable single-user (non-concurrent) license for such software for your use only. The license authorizes you to use the software in object code format to use on your Electronic Device and/or access any services, features, content and/or information made available by us. This license may not be assigned by you unless agreed upon in writing by us. We have no obligation to provide any training, maintenance or other support for the software.
We retain at all times all ownership rights, including without limitation, copyright, in the software. You agree not to copy, reproduce, transfer, disclose, distribute or reverse engineer any of the software.
By installing any software on an Electronic Device, you consent to the installation of the software and any future updates or upgrades; provided that you may withdraw such consent by deleting the software at any time from your Electronic Device.
YOU ACCEPT ANY SOFTWARE “AS IS” AND ASSUME THE ENTIRE RISK FOR THE PERFORMANCE OF THE SOFTWARE. WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE UNDER THIS AGREEMENT OR OTHERWISE.
- SERVICES ARE "AS IS" AND "AS AVAILABLE" – All services contemplated in this Agreement are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in this Agreement or where prohibited by law, we disclaim all representations, warranties and conditions, express, implied or collateral, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, infringement and those arising by statute or otherwise in law or from the course of dealing or usage of trade. We do not represent or warrant that the services will meet your requirements, or that the operation of the services will be uninterrupted, secure or error free.
- LIMITED LIABILITY – You agree that we will be liable to you only for your direct damages resulting from our gross negligence, fraud or willful misconduct arising directly from the performance of our obligations under this Agreement or the services provided to you. We will not be liable to you for any other direct damages.
We will not under any circumstances be liable to you for any other damages or losses suffered by you or any other person, including indirect, incidental, special, general, consequential, aggravated or punitive damages, loss of profits, loss of revenue, loss of business opportunities, inconvenience, claims of other persons, or any other foreseeable or unforeseeable losses resulting directly or indirectly out of this Agreement or the services provided to you, even if we were advised of the possibility of such damages or losses, or the damages or losses resulted from our gross negligence, fraud or willful misconduct.
We will not under any circumstances be liable for direct damages or any other damages or losses suffered by you or any other person, where you could with reasonable diligence have obtained coverage for the damages or losses with a commercially available policy of insurance.The limitations in this article apply to any act or omission by us or by any of our team members, whether or not the act or omission would otherwise give rise to a cause of action in contract, tort, statute or any other doctrine of law.
- NOTICES – Any notice required or permitted to be given to us in connection with this Agreement must be provided to us (a) at the address or fax number for us set forth in the Account Agreement, or if permitted by the Account Agreement, addressed and delivered to us by authenticated electronic communication in the manner set forth in the Account Agreement; or (b) by phone or in person at one of our branches; provided that (i) we will not be considered to have received any such notice that is not in writing until we give you written acknowledgement of our receipt of such notice; and (ii) if the Account Agreement requires a notice to us to be in writing, you must deliver such notice to us in writing in accordance with clause (a). Any notice required or permitted to be given to you in connection with this Agreement may be given to you by delivering a written notice by mail to the last known Notice Contact Information, or, except as to confidential financial information specific to you, by posting notice at our branches or on our website, by posting on our social media platforms or by any other means we, acting reasonably, consider appropriate to bring the notice to your attention.
- TERMINATION – This Agreement may be terminated by either us or you on prior written notice of not less than 1 business day. Any notice of termination shall not release you from any obligations incurred under this Agreement.
- ELECTRONIC EXECUTION – This Agreement may be executed electronically. Use of Electronic Services shall be deemed to be acceptance of these terms and conditions as of the date of first use, or in the case of a modification of this Agreement, acceptance of the modified terms and conditions.
- APPLICABLE LAW – This Agreement is governed by the laws of the province of incorporation of the Credit Union and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
- ENUREMENT – This Agreement will take effect and continue for the benefit of and be binding upon each of us and you and your heirs, executors, personal representative, successors, and assigns. Notwithstanding the foregoing, you may not assign this Agreement or transfer any of your rights under this Agreement to any party, and any purported attempt to do so will be null and void.
- PROCEEDS OF CRIME LEGISLATION – You acknowledge that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations apply to the operation of the Account and that we will, from time to time, adopt policies and procedures to address the reporting, record-keeping, client identification, and ongoing monitoring requirements of that legislation. You agree to abide by and comply with all such laws and procedures.
- SERVABILITY – This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then:
- NO WAIVER – No waiver by us of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. We may, without notice, require strict adherence to the terms and conditions of this Agreement, despite any prior indulgence granted to or acquiesced in by us.
CHOICE OF LANGUAGE - It is the express wish of the parties that this Agreement and any related documents be drawn up and if execution is required, to be executed in English. Les parties conviennent que la présente convention et tous les documents s’y rattachant soient rédigés et signés en anglais.
Terms & Conditions
These terms and conditions (“Terms”) govern your access to, and use of, the website (the “Website”) owned, operated or provided by or on behalf of Vision Credit Union Ltd. (“Credit Union”). As used in these Terms, “you” and “your” refers to you, the person accessing the Website; “we” means (and “us”, “our”, “ours” and “ourselves” refer to) Credit Union; and “party” or “parties” refers to both you and us. The effective date of these Terms is when you accept same, in accordance with the below.
By accessing and using this website you are signifying your acceptance of and, agreement to comply with and be bound by, these Terms, and all applicable laws and regulations. If you do not agree with these Terms, you have no right or license to access the Website and you should refrain from accessing or using the Website, its contents, or obtaining documents or information from the Website. Vision Credit Union may, in its sole discretion, revise these Terms at any time without advance notice to you, and such revisions will be effective as of the date these revisions or updates (or an updated version of these Terms) is posted to the Website. Your continued use of the Website after such updates are posted will signify your agreement to the revised Terms.
Right of Access and Intellectual Property
Subject to these Terms, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Website, including a limited license to download, print and store single copies of content (other than source code) from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover, any source code, in the Website. Any and all rights not expressly granted to you are reserved by Vision Credit Union, and these Terms do not confer to you a proprietary interest in the Website or any content of the Website.
Vision Credit Union either owns all intellectual property rights, including without limitation copyright and trademark rights, or has acquired the necessary rights or licenses, in all materials displayed or otherwise accessible on or through the Website (“Content”), including, without limitation, all written, audio visual or other materials and graphical elements on the Website, and such Content is protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. Content may not be used by you without the express written permission of Vision Credit Union, such use to be solely for non-commercial purposes.
Certain words, phrases, names, designs or logos made available on or through the Website may constitute trademarks, services marks, or trade names that are owned by Vision Credit Union or others. The display of such marks on or through the Website does not imply that you have been granted a license by Vision Credit Union or others with respect to them.
Third Party Services and Content
Your use of the Website may rely on or link to services and products which are offered by third parties (“Third Party Services”). Vision Credit Union has no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees regarding third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.
Vision Credit Union may make third parties’ content and materials (“Third Party Content”) available to you through the Website. Vision Credit Union making available such Third Party Content does not constitute an endorsement or recommendation, and Vision Credit Union is not responsible for any reliance you may place on Third Party Content. Vision Credit Union makes no warranties or representations as to any Third Party Content and shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect Vision Credit Union’s views.
The Website and Content is provided “as is”, on an as-available basis, and without warranties or conditions of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. Vision Credit Union does not warrant that the Website or Content contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.
Without limiting the foregoing, Vision Credit Union does not warrant or make any representation regarding use, the ability to use, or the result of use of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors. Vision Credit Union makes no warranties that your use of the Content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content. By accessing and using the Website and/or the Content, you acknowledge and agree that such access and use is entirely at your own risk.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL VISION CREDIT UNION, OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS, BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY INACCURACY, INCOMPLETENESS OR INCORRECTNESS CONTAINED IN THE CONTENT OR MATERIALS DISPLAYED, ACCESSED OR USED AS PART OF THE WEBSITE, OR YOUR RELIANCE OR ACTING UPON THE CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOSS OF REVENUE, USE, DATA, OR PROFITS, INJURY TO REPUTATION OR GOODWILL, OR THE COST OF SUBSTITUTE GOODS OR SERVICES) WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE. IF, UNDER APPLICABLE LAW, LIABILITY FOR DIRECT DAMAGES CANNOT BE EXCLUDED (NOTWITHSTANDING THE FOREGOING), THEN THE TOTAL CUMULATIVE LIABILITY OF VISION CREDIT UNION (OR ANY OTHER PERSON) IN CONNECTION WITH THESE TERMS AND THE WEBSITE, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF $5.00 CDN. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. YOU ACKNOWLEDGE THAT THIS LIMITATION REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT VISION CREDIT UNION WOULD NOT AGREE TO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
You agree to defend, indemnify and hold harmless Vision Credit Union, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney’s fees and other expenses arising from, incurred as a result of, or in any manner related to: (i) your use of and access to the Website or the Content; (ii) your breach of these Terms; (iii) your violation of any law or third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that you did not have the right to provide any content or that the content you provided caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
You may not use the Website or the Content for any illegal or unauthorized purpose.
Vision Credit Union is physically located within the Province of Alberta, Canada. These Terms will be governed by the laws of the Province of Alberta and the laws of Canada applicable therein and shall be treated in all respects as an Alberta contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.
Internet Connectivity and Compatible Technology
The availability and functioning of the Website depends on the availability of a properly functioning Internet connection, as well as compatible hardware and software. Vision Credit Union is not responsible for ensuring uninterrupted access to the Internet or any charges you incur, in association with your use of the Internet, nor is Vision Credit Union responsible for ensuring your hardware and software are compatible with the Website and its features. You acknowledge that your access to and use of the Website may be impaired or prevented by factors beyond Credit Union’s control (such as issues with your computer system or Internet connectivity), and that Vision Credit Union is not responsible for any such factors, or their effects.
Without limiting anything else in these Terms, you must not use (or cause or permit to be used) the Website:
in any way that causes, or may cause, damage to the Website, or impairment of the availability or accessibility of the Website;
in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
to post, transmit, or otherwise make available any material that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) non-compliant with applicable privacy legislation or an infringement of another person’s privacy, including without limitation by disclosing the personal information or data of another individual without their knowledge and consent;
to post, transmit, or otherwise make available, any material that may violate: a) Vision Credit Union’s proprietary rights; or b) the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;
for any commercial purposes other than those which are expressly set out in these Terms;
to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Vision Credit Union’s prior express written consent;
to impersonate any person or entity or misrepresent your affiliation with any other person or entity;
to engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information;
to attempt to gain (or gain) unauthorized access to other computer systems through the Website, or to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website; or
in a manner which is otherwise contrary to these Terms.
Any use of the Website which is contrary to these Terms may result in the immediate termination of your use of the Website by Vision Credit Union.
Vision Credit Union reserves the right to monitor your use of the Website to determine if you are complying with these Terms, and the right, in its sole discretion, to terminate your access to the Website.
The following list of permissions and activities are required by our mobile app to operate. These include:
- "Access Camera" permission is used by the app to deposit a cheque via mobile deposit capture, store a custom profile picture and background.
- "Access Location" permission is used by the app to accurately locate the nearest ATM or branch in the "Find Us" feature.
- "Call Permission" is used to automatically call the user's preferred branch by tapping on the phone number in the "Find Us" feature.
- "Read Contacts" permission is used to set up new Interac e-Transfer® contacts and send an Interac e-Transfer®. Only the device contact information a user confirms is readable by Interac.
- "Internal Storage" permission is required to view, share and download PDF files from the mobile app to a user's device.
- "App Activities" uses mobile app interaction data for analytics on usage and crash information for the current app version. We also monitor application stability using the crash logs to make ongoing improvements. Data collected on app activities, information and performance is completely anonymous and aggregated - individual users are not identifiable.