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Direct Services Agreement

Personal accounts — Terms & Conditions

This Agreement (the “Agreement”) outlines the terms and conditions governing Your use of Direct Services (defined below) and Mobile Payment Services (defined below). The Financial Institution does not offer Direct Services or Mobile Payment Services other than in accordance with these terms and conditions. By requesting and using Direct Services or Mobile Payment Services You acknowledge Your acceptance of these terms and conditions.

In consideration of the Financial Institution providing access to any of Your Accounts using Direct Services or Mobile Payment Services You agree as follows:

 

This Agreement is intended to be interpreted in accordance with its plain English meaning. Except where otherwise indicated, capitalized terms are used in accordance with the definitions set out in the Canadian Code of Practice for Consumer Debit Card Services. Any defined term used in this Agreement, defined in the singular, is deemed to include the plural and vice versa.

“Access Terminal” means any device used to access any of Your Accounts, including without limitation an ATM, a computer, a portable hand-held device, or a telephone, including any form of mobile telephone or Mobile Device.

“Account” means any of Your accounts or subaccounts (if applicable) that You may have now or in the future at the Financial Institution.

“Account Agreement” means the agreements for the operation of the Account.

“ATM” means an automated teller machine.

“Biller” means a person who uses the EDP Services to deliver bills and invoices to their customers electronically.

“Central 1” means Central 1 Credit Union.

“Contaminant” means a computer virus, worm, lock, mole, time bomb, Trojan horse, rootkit, spyware, keystroke logger, or any other malicious code or instruction that may modify, delete, damage, disable, or disrupt the operation of any computer software or hardware.

“Debit Card” means a card issued by Us that allows the holder of the card to deposit cash and Instruments or withdraw cash from the Account through an ATM, authorize Transactions on the Account through an ATM, and that operates like an Instrument to purchase goods and services from Merchants or that can be used with Mobile Payment Services. A virtual Debit Card is the electronic equivalent of a Debit Card when used with Mobile Payment Services. All references to “Debit Card” in this Agreement include a virtual Debit Card registered for use with the Mobile Payment Service.

“Depositor” or “You” or “Your” means the customer or member of the Financial Institution who holds the Account with the Financial Institution authorized by Us for Direct Services or Mobile Payment Services.

“Direct Services” means the services offered by Us from time to time that let You access the Account using an Access Terminal. However, Direct Services do not include card services such as Debit Cards including those provided by a Third Party.

“EDP Services” means an electronic mail service provided by EPO Inc. (doing business as epost™) that facilitates the delivery of bills and invoices from Billers to their customers using Direct Services.

“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 or US Dollars and drawn on a financial institution domiciled in Canada, as and if applicable. 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; an Investment Industry Regulatory Organization of Canada registrant; a card issuer; or an entity eligible for membership with Payments Canada, being an account in Your name or on which You have the authority to independently authorize Transactions.

“Financial Institution” or “We” or “Us” or “Our” means the financial institution holding Your Account set out in the Account Agreement.

“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.

"Interac e-Transfer® Answer" means the word or phrase created by the sender of a money transfer and used by the recipient to claim the money transfer using Interac e-Transfer Services.

"Interac e-Transfer® Contact Information" means the electronic contact information, including without limitation an account number, payment identifier, email address or telephone number, used in sending and receiving of a money transfer using Interac e-Transfer Services.

"Interac e-Transfer® Notice" means the electronic notice sent to the recipient of a money transfer, when such money transfer is sent using Interac e-Transfer Services. The Interac e-Transfer Notice may be read by using an Access Terminal.

"Interac e-Transfer Services" means the money transfer service provided by Interac Corp. that facilitates the sending, requesting, and receiving of money transfers (using including without limitation account number, payment identifier, email or telephone number) through Direct Services to and from Participating Financial Institutions and the Interac Corp. payment service.

“Merchant” means a person that sells goods or services to You and who receives payment through either Direct Services or Mobile Payment Services.

“Mobile Device” means a mobile device such as and including a computer, a portable hand-held device, or a telephone, including any form of mobile telephone that is capable of being used in connection with the Mobile Payment Service.

“Mobile Payment Services” means those electronic payment services that can be performed with a Debit Card and PIN or a virtual Debit Card and Passcode using a Mobile Device that allows You to perform Point of Sale Transactions using a Mobile Device.

“Mobile Payment Transaction” means a Transaction made using Mobile Payment Services.

“Notification” means a written notice generated by or on behalf of the Financial Institution that provides to You notice of a pending or completed Transaction or a summary of the balance of the Account, including notices issued by email or SMS text messages to any of Your Contact Info.

“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, and Rules of the Canadian Payments Association.

“Online Payment Service” means the online payment service provided by Interac Corp. (doing business as INTERAC Online) that facilitates the sending and receiving of money through Direct Services and Interac Corp. to Participating Financial Institutions for the purchase of goods and services from Participating Merchants.

“PAC” means the personal access code or word used with Direct Services to access an Account.

“PAD” means a Preauthorized Debit.

“Participating Financial Institution” means a financial institution participating in Interac e-Transfer Services, Online Payment Services, or Western Union Services, as the case may be.

“Participating Merchant” means a Merchant that offers the Online Payment Service as an online payment option on the Merchant’s website.

“Passcode” means the numerical code selected by the Debit Card holder to authorize certain Mobile Payment Transactions.

“PIN” means a secret code intended for the sole use of a cardholder. The PIN is used in conjunction with a Debit Card to confirm the identity of the cardholder and to authorize Debit Card Transactions. If Your Access Terminal or Mobile Device is accessible with a biometric substitute for a PIN (such as a fingerprint or iris scan), then in this Agreement, PIN includes such biometric.

“PIW” means the personal identification word used in connection with Remote Instructions.

“POS” means Point of Sale, being an electronic terminal used by cardholders to pay for goods or services at a retail or service outlet.

“POS Transaction” means the use of the Debit Card to conduct a contact Transaction or a contactless Transaction or using a Mobile Device for purposes permitted by Us, including but not limited to: (a) the transfer of funds from Your Account to purchase or lease goods or services from a Merchant; (b) the transfer of funds from Your Account to obtain a voucher, chit, scrip, token or other thing that may be exchanged for goods, services or money; or (c) the transfer of funds into Your Account from an Account of a Merchant (e.g., a refund).

“Preauthorized Debit” means a Transaction debiting the Account that is processed electronically by a financial institution in accordance with Your written request.

“Remote Deposit Service” means the remote deposit capture service provided by Us and Central 1, and accessed through Direct Services, that allows You, using an Access Terminal and any other means authorized by Us in Our sole discretion from time to time, to create, transmit, and receive to the benefit of the Financial Institution an Official Image for deposit to the Account.

“Remote Instructions” means instructions given to the Financial Institution with respect to the operation of the Account from a remote location, using a computer, a Mobile Device, fax, via the Financial Institution’s online banking system, email, text message transmission, or other remote communication acceptable to the Financial Institution to operate the Account or authorize Transactions and make arrangements with the Financial Institution.

“Rules” means the regulations, by-laws, rules, and standards of the Canadian Payments Association, also referred to as Payments Canada, or any successor organization thereof, in effect from time to time.

“The Services” means, when used in this Agreement, Direct Services and Mobile Payment Services without differentiation.

“Third Party” means any person, firm, corporation, association, organization, or entity other than the Financial Institution or Central 1.

“Transaction” means any transaction processed to or from the Account.

“Transaction Record” means a paper Transaction record dispensed mechanically, or written notification generated by or on behalf of Us, or notice of a pending or completed Transaction or a summary of the balance of Your Account, including notifications issued by email or SMS text message to You or available as an Account Statement or balance of Account when You use a Mobile Device or other Access Terminal.

“Western Union Services” means the money transfer service provided by WUC that facilitates the sending or receiving of money transfers through Direct Services to or from WUC and the WUC agent network.

“Wrongful Activity” means any use or attempted use of the Interac e-Transfer Services by You or a Third Party, acting alone or in concert, that is fraudulent, unauthorized, made in bad faith or otherwise improper, whether for financial gain or otherwise.

“WUC” means Western Union Financial Services (Canada) Inc.

“Your Contact Info” means any of the contact information, including, without limitation, postal address, email address, fax number, or telephone number provided by You accepted by Us through which the Financial Institution can give You written notice.

You agree that the Financial Institution may collect, use, and disclose Your personal information to provide financial services and products to You, to verify or determine Your identity, and to comply with legal and regulatory requirements, all in accordance with this Agreement and the privacy policies of the Financial Institution. We may obtain, collect, use, and release confidential Depositor information as permitted or required by law or in a court proceeding or with Your consent or as necessary to process Transactions. 

You may use The Services to access any permitted Account and to authorize such Transactions as may be permitted by Us from time to time, commencing upon the day these terms and conditions are accepted by You and Your request for The Services is approved by Us. You must not use The Services to authorize Transactions on an Account that otherwise requires more than one authorization (i.e., with multiple signature requirements) unless prior authorization is received in writing and with Our approval. We may, from time to time, add to or delete from the types of use permitted and services offered.

In connection with The 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 of any changes to such information within a reasonable period of time.

You will pay fees incurred on the Account, including, without limitation, fees imposed by a Third Party through Your initiation of a Transaction. You will pay the service charges that We establish from time to time for The Services, including, without limitation, service charges for providing records regarding You that We are legally required to provide. You acknowledge receipt of a schedule of Our charges for The Services in effect at the time of acceptance of this Agreement. We may, from time to time, increase or decrease the service charges for The Services and provide notice of such changes by sending a notice to Your Contact Info, by posting notice at Our premises or on the Financial Institution’s website, by personal delivery, or by any other means We, acting reasonably, consider appropriate to bring the change to Your attention. Current service charges for The Services may be obtained by contacting Us or through the Financial Institution’s website. You are responsible for determining the then-current service charges for The Services You request, in advance of using The Services. By requesting The Services You acknowledge Your agreement to pay service charges for The Services as requested as then in effect. The Financial Institution can deduct service charges from Your Account (or other accounts belonging to You with Us) when the service is requested or performed. New or amended service charges and fees will become effective on 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 Us.

You acknowledge that the availability of The Services depends on telecommunications systems, computer hardware and software, and other equipment, including equipment belonging to the Financial Institution, Central 1, and Third Parties and that there is no guarantee or obligation to provide continuous or uninterrupted service. The Financial Institution and Central 1 are not 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 Financial Institution or Central 1 providing or failing to provide The 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 the Financial Institution or Central 1 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 Us and Central 1 harmless from any and all Interruption Claims.

You acknowledge and agree that:

  1. using the PAC to authorize a Transaction constitutes authorization of that Transaction in the same manner as if authorization was given by You in person or as otherwise contemplated or permitted by the Account Agreement;
  2. You will be bound by each such Transaction; and
  3. once the PAC has been used to authorize a Transaction, the Transaction cannot be revoked or countermanded.

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 PAC, the PIW, in person by You, or as otherwise contemplated or permitted by the Account Agreement, in accordance with the normal practices of the Financial Institution, which may be amended from time to time without notice.

We can assign or require You to select and use a PAC, PIW and PIN and in connection with this Agreement. You agree to keep the PAC, PIW and PIN confidential and will only reveal them to authorized Financial Institution agents or officers when required by Us. You agree not to record the PAC, PIW or PIN in any format or medium. You can change the PAC, PIW or PIN at any time. You agree to change the PAC, PIW or PIN if and when required by Us. You acknowledge that the PAC, PIW and PIN must be changed if there is a change in the persons authorized to provide Remote Instructions on the Account.

You are responsible for all use of the PAC, PIW and PIN and for all Transactions on the Account authorized using The Services.

You acknowledge that We may, from time to time, implement additional security measures, and You will comply with all instructions and procedures issued by Us in respect of such security measures. You are aware of the risks of unsolicited email, telephone calls, and text message transmissions from persons purporting to be representatives of the Financial Institution. You agree not to respond to such unsolicited communications and will only initiate communications with the Financial Institution either through Our banking website or banking app or through Our published contact information as shown on the Financial Institution’s website.

If You disclose the PAC or PIN to a Third Party, and if We become aware of such disclosure, We may in Our sole discretion, waive the confidentiality requirements described in this article 7, Confidentiality. Notwithstanding any such waiver, You acknowledge and agree that You remain responsible for all use of the PAC and PIN by the Third Party.

You will not select an obvious combination of digits for Your PIN (e.g., address, card number, account number, telephone number, birth date, or Social Insurance Number). You understand that the Financial Institution has only disclosed the PIN to You and to no one else, and You will never, under any circumstances, disclose the PIN to any other person. You will not use Your PIN as Your Mobile Device or online access code. You will not keep a written record of the PIN, unless the written record is NOT carried next to the Debit Card and NOT stored on Your Mobile Device and is in a form indecipherable to others. You will always screen the entry of the PIN with Your hand or body.

You must treat the Passcode used to authorize any Transactions within the Mobile Payment Service with the same standard of care and confidentiality as Your PIN.

You may provide Remote Instructions to any branch of the Financial Institution as permitted by Us, online through the Direct Services web portal, 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.

The Financial Institution may, but will not be obliged to, act on Remote Instructions received in Your name along with any requisite PAC and PIW, if any, to the same extent as if the Remote Instructions were written instructions delivered to Us by mail and signed by You authorized to operate the Account. Any such Remote Instructions are deemed genuine.

The Financial Institution may, in its sole discretion, acting reasonably, delay acting on or refuse to act on any Remote Instruction.

A Remote Instruction is deemed received by Us only when actually received and brought to the attention of an authorized officer, agent or processor of the Financial Institution capable of acting upon and implementing the Remote Instruction.

Remote Instructions can be transmitted to the Financial Institution at the telephone or fax number or email address provided by Us, or at such other telephone or fax number or email address as We may advise You by notice in writing, or online through the Direct Services web portal. Any one person purporting to be the Depositor may act alone and provide Remote Instructions to the Financial Institution, even if two or more signatures are otherwise required to operate the Account. The Financial Institution, acting reasonably, is entitled to assume that any person identifying himself or herself as You is in fact You, and can rely upon such, and We may act on the Remote Instructions provided by any such person as fully authorized by You, even if such were not. All Remote Instructions given to the Financial Institution in Your name will bind You. If the Depositor does not wish to permit Remote Instructions, then the Depositor should not subscribe to The Services.

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, the Financial Institution may, but is not obliged to, reverse them from the 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 the Financial Institution, acting reasonably, ever determines that a credit made to or traced to the 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 reverse the credit and any applicable interest.

Whether a Transaction Record is issued or not, it is Your responsibility to verify that all Transactions have been properly executed by checking the periodic statement or passbook entries itemizing Transactions and reviewing Your Transaction Records. In the absence of evidence to the contrary, Our records are conclusive for all purposes, including litigation, in respect of any instructions given by You to Us through the use of the Debit Card; the contents of any envelope deposited into Your Account at an ATM; the making of a withdrawal, deposit or transfer through the use of the Debit Card; and any other matter or thing relating to the state of accounts between You and Us. 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 the records of the Financial Institution contain an error or omission, or reflect unauthorized Account activity, You must give immediate written notice to Us, and in any event, must do so within the shorter of the time provided in the Account Agreement or 45 days from the date of the Transaction.

A copy of any fax or email message or other Remote Instructions or the Financial Institution’s 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 the Financial Institution’s or Central 1’s records as evidence in any legal proceeding on the grounds that such records are not originals, are not in writing, are hearsay, or are documents containing information extracted from a computer, and all such records will be conclusive evidence of the Remote Instructions in the absence of documentary recorded evidence to the contrary.

If the Financial Institution makes an error or omission in recording or processing any Transaction, the Financial Institution is 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, have complied with this Agreement and the Account Agreement, and have given written notice to Us 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, the Financial Institution’s 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.

We are not responsible for any loss or damage suffered or incurred by You except to the extent caused by the gross negligence or intentional or wilful misconduct of the Financial Institution, 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. 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:

  1. the actions of, or any failure to act by, You, or any Third Party (and no Third Party will be considered to be acting as an agent for Us unless expressly authorized to do so for that purpose);
  2. the inaccuracies in, or inadequacies of, any information furnished by You to Us, including, but not limited to any failed, duplicative, or erroneous transmission of Remote Instructions;
  3. the failure by Us to perform or fulfill any of Our obligations to You, due to any cause beyond Our control; or
  4. forged, unauthorized, or fraudulent use of services, or forged, unauthorized, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions.

Except for loss caused exclusively by Our gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, You assume all risk of loss due to the use of The Services, including, without limitation, the risk of Third Party fraud. You further agree that You will notify Us immediately:

  1. of any suspected or actual misuse or unauthorized use of the PAC, PIW or PIN; or
  2. if the PAC, PIW or PIN becomes known to anyone other than You; or
  3. if You receive Notification of any Transaction affecting the Account that alerts You of Account activity that was not authorized by You.

You will change the PAC, PIW or PIN if either of the notification requirements above in a) or b) arises.

You acknowledge that You are responsible for all use made of the PAC, PIW and PIN and that We are not liable for Your failure to comply with any part of this Agreement. You are liable for all authorized and unauthorized use, including all Transactions. You are also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, You expressly acknowledge and agree that You shall be bound by and liable for any use of the PAC, PIW or PIN by a member of Your household whether authorized by You or not.

You are liable for all transfers to linked accounts. You bear all risk for all such Transactions.

Where You know of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to Us or found invalid for any reason, You have a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to the Financial Institution, Your suspicion and the facts upon which Your suspicion is based (“Suspicious Circumstances”).

The Financial Institution may, in its sole discretion, investigate any Suspicious Circumstances disclosed by You, but We do not owe You any obligation to undertake Our own investigation of Suspicious Circumstances. The Financial Institution may place a hold on all or some of Your Accounts pending investigation of any improper use of any Account. Any hold imposed by Us pursuant to any of the terms of this Agreement, or investigation undertaken by Us, is imposed or undertaken by Us at Our sole discretion and for the Financial Institution’s sole benefit.

Release of a hold by Us is not a confirmation that a Transaction, instruction, or Instrument is in fact good or cleared or not subject to chargeback and may not be relied upon as such by You. If to Our satisfaction any improper use is established, We can withdraw or suspend The Services and operation of the Account without notice.

Subject to the provisions of this Agreement and the Account Agreement:

  1. if the Depositor did not reveal the PAC and/or PIW to any other person, other than authorized Financial Institution agents or officers when required by the Financial Institution, or write it down or otherwise record it, and changed the PAC and/or PIW when required by this Agreement, the Depositor will not be liable for any unauthorized use that occurs after the Financial Institution has received written notice from the Depositor that the PAC and/or PIW may have become known to someone other than the Depositor. The Financial Institution will not be considered to have received written notice until the Financial Institution gives the Depositor written acknowledgement of receipt of such notice; and
  2. the Financial Institution will not otherwise be liable for any damages or other liabilities that the Depositor may incur by reason of the Financial Institution acting, or failing to act, on Remote Instructions given in the name of the Depositor whether or not the Depositor actually gave the Remote Instructions. The Financial Institution will not be liable for any damages or other liabilities that the Depositor may incur by reason of the Financial Institution acting, or failing to act, on no statement requests made by the Depositor through Direct Services whether or not the Depositor actually gave the Remote Instructions.

In the event of a problem with a Direct Services Transaction or an unauthorized Direct Services Transaction, the Depositor will report the issue immediately to the Financial Institution. The Financial Institution will investigate and respond to the issue on a timely basis. The Financial Institution will not unreasonably restrict the Depositor from the use of the Account subject to dispute, as long as it is reasonably evident that the Depositor did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with this Agreement and the Account Agreement. The Financial Institution will respond to reports of a problem or unauthorized Transaction within 10 business days and will, within a reasonable period of time thereafter, indicate what reimbursement, if any, will be made for any loss incurred by the Depositor. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Depositor has complied with this Agreement and on the balance of probabilities it is shown that the Depositor took all reasonable and required steps to:

  1. protect the confidentiality of the PAC and PIW as required by this Agreement and the Account Agreement;
  2. use security safeguards to protect against and detect loss, theft, and unauthorized access as required by this Agreement and the Account Agreement; and
  3. act immediately, upon receiving a Notification of, or becoming aware of, an unauthorized Transaction, to mitigate against further loss and report the issue to the Financial Institution.

If The Services are made available through the Internet or a telephone service provider, You acknowledge that although the Financial Institution uses 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 Access Terminal used by You to access The Services is auto-locked by a password or biometric to prevent unauthorized use of that Access Terminal, 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 Access Terminal, You will sign out of The Services and, where applicable, close the browser or banking app when finished using it. You further acknowledge that using public or shared computers and certain other Access Terminals through an open WiFi or shared Bluetooth portal, to access The Services increases the risk of unauthorized access to the Account, and You will take all reasonable precautions to avoid such use or inadvertent disclosure of the PAC, PIW and PIN.

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.

You 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.

If The Services are made available through the Internet, the Financial Institution’s website may provide links to other websites, including those of Third Parties who may also provide services to You. You acknowledge that all those other websites and Third Party services are independent from the Financial Institution’s and may be subject to separate agreements that govern their use. The Financial Institution and Central 1 have no liability for those other websites or their contents or the use of Third Party services. Links are provided for convenience only, and You assume all risk resulting from accessing or using such other websites or Third Party services.

The Financial Institution and Central 1 may, from time to time, make services provided by Third Parties available through Direct Services or the Financial Institution’s website. You acknowledge and agree that:

  1. the Financial Institution and Central 1 make the services of Third Parties available through Direct Services or Our website for Your convenience. The services are provided by the Third Party and not Us or Central 1. Your relationship with the Third Party shall be a separate relationship, independent of the relationship between You, Us and Central 1, and such a relationship is outside the control of the Financial Institution and Central 1;
  2. We and Central 1 make no representation or warranty to You with respect to any services provided by a Third Party even though those services may be accessed by You through Direct Services or Our website;
  3. You assume all risks associated with accessing or using the services of Third Parties;
  4. We and Central 1 have no responsibility or liability to You in respect of services provided by a Third Party;
  5. any dispute that relates to services provided by a Third Party is strictly between You and the Third Party, and You will raise no defence or claim against Us and Central 1; and
  6. the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations may apply to the services provided by Third Parties and that the Third Parties may, 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 indemnify and hold Us and Our service providers and Central 1 and all of their connected parties, including, without limitation, their respective agents, directors, officers, employees, affiliates, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs, including, without limitation, reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of or connected to Your use of The Services. Depositors must assist and cooperate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand. The disclaimers, liability exclusions, liability limitations, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement and apply to the extent permitted by law. Without limiting the foregoing, You will indemnify and save the Indemnified Parties harmless from and against all liability, costs, loss, expenses, and damages, including direct, indirect, and consequential, incurred by the Indemnified Parties as a result of:

  1. any of the Indemnified Parties making Direct Services available to You;
  2. any of the Indemnified Parties acting upon, or refusing to act upon, Remote Instructions;
  3. any of the Indemnified Parties acting upon, or refusing to act upon, no statement requests made by You through Direct Services;
  4. any Transaction that results in a negative balance in the Account; or
  5. the consequences of any Transaction authorized by You.

This indemnity will enure to the benefit of the Indemnified Parties and will be binding upon You and Your heirs, executors, successors, and assigns and shall survive the termination of this Agreement for any act or omission prior to termination as gives rise to an indemnified claim, even if notice is received after termination.

You acknowledge and agree that:

  1. when transfers and bill payments are authorized through Direct Services, funds are deemed irrevocably transferred out of the Account and the Transaction cannot be revoked or countermanded by You;
  2. anyone with access to the PAC, PIW or PIN may be able to access The Services and may use the PAC, PIW or PIN to transfer money out of an Account, set up bill payment arrangements, make bill payments, and authorize any other Transaction;
  3. We will not be liable in any way to You or any other person for processing or accepting on the Account any Transaction that results in the transfer of money out of the Account or in the payment of bills, even if the money is used for the benefit of a person other than You, or if bills owed by a person other than You are paid;
  4. You will be liable for all Transactions conducted using The Services, including Transactions that benefit a person other than You or that result in the payment of bills owed by a person other than You; and
  5. a copy of an electronic communication is admissible in legal proceedings and constitutes the same authority as would an original document in writing.

If, at Your request, We agree to cease printing and mailing statements of account for the Account to You, You acknowledge and agree that:

  1. You will be responsible to obtain (whether from Us or using The Services) and review, after the end of each calendar month, a statement of the activity in the Account, and will, by no later than the end of the following calendar month (the “Notification Date”), notify Us of any errors, irregularities, omissions, or unauthorized Transactions of any type in that account record or in any Instrument or other items, or of any forgeries, fraudulent or unauthorized Transactions of any type, and any debits wrongly made to the Account;
  2. notwithstanding any other provision of this Agreement, after the Notification Date (except as to any errors, irregularities, omissions, or unauthorized Transactions of any type of which You have notified Us in writing on or before the Notification Date), You agree that:
    1. the amount of the balances shown on the last day of the calendar month is correct and binding on You subject to Our right to make reversals in accordance with this Agreement and the Account Agreement;
    2. all amounts charged to the Account are valid;
    3. You are not entitled to be credited with any amount not shown on the statement of account for the Account for that calendar month;
    4. You have verified the validity of any Instruments and instructions; and
    5. the use of any service shown is correct.

    You acknowledge that:

    1. notwithstanding that an Instrument may be provisionally posted to the Account, it is not considered processed until it has been honoured and irrevocably collected by Us and the time for return by any process of law has expired. The credit represented by an Instrument that is not honoured and collected, or is charged back, made in error, or tainted by fraud, may be reversed from the Account notwithstanding any provisional posting. The statement of account for the Account will be modified accordingly; and
    2. notwithstanding that a deposit or other credit may be provisionally posted to the Account, it is not considered processed until it has been verified and accepted by Us. A deposit or other credit that is not verified and accepted may be reversed from the Account notwithstanding any provisional posting. The statement of account for the Account will be modified accordingly.
  3. despite subsection b) above, if You have authorized PADs to be issued against any of the Accounts, You acknowledge that the Rules provide that, under specified conditions, claims for reimbursement of PADs may be made and:
    1. where the purpose of the PAD was for payment of consumer goods and services, the time period for making such a claim is 90 calendar days from the date of debiting; and
    2. where the purpose of the PAD was for payment of goods and services related to commercial activities of You, the time period for making such a claim is ten business days from the date of debiting.

    Claims must be made in writing to Us within the specified time period and in compliance with the Rules, as amended from time to time.

You acknowledge and agree that:

  1. bill payments made through Direct Services are not processed immediately and that the time period for processing depends upon a number of factors, including, without limitation, the time when the bill payment is authorized and the internal accounting processes of the bill payment recipient;
  2. it is Your responsibility to ensure that bill payments are authorized in sufficient time for the payment to be received by the bill payment recipient before its due date;
  3. We and Central 1 will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of any error, non-payment or a delay in the processing of bill payments;
  4. if You have made or received a bill payment in error, We may, but are not obliged to, assist You by initiating or processing a “Bill Payment Error Correction Debit”, as defined under the Rules, and if so initiated, You agree to indemnify Us for any direct loss, costs, or damages incurred, and will pay to Us any reasonable service charges or fees related to the provision of the service; and
  5. if We initiate or process a Bill Payment Error Correction Debit affecting Your Accounts or affairs, and if We did so without gross negligence or intent to cause loss or harm, We shall be held harmless for any and all loss, costs, or damages suffered or incurred by You, howsoever caused, relating to the bill payment or the Bill Payment Error Correction Debit process.

In respect of all The Services and any Third Party services made available by Us, You shall not:

  1. use the services for an illegal, fraudulent, or defamatory purpose; and
  2. 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 Services or Third Party services).

If You breach these provisions Your participation in The Services or any service provided by Us or a Third Party may be suspended or terminated.

If the Financial Institution through Direct Services makes EDP Services available and You use the EDP Services:

  1. You consent to epost™ preparing, using, and disclosing reports relative to the performance and operation of the EDP Services, including statistical or performance reports and other analysis, compilation, and information about the EDP Services or You, and reports that pertain to Your involvement in and use of the EDP Services. You further consent to epost™ disclosing to Central 1 Depositor-specific data that consists of the total number of Billers for which You have registered, without identifying those Billers apart from the Financial Institution and its affiliates, and without identifying detailed data of Your viewing activities;
  2. You acknowledge that epost™ will not respond directly to You with respect to any inquiries, requests, questions, complaints, or other issues relating to the EDP Services in any way, other than to direct You to the Financial Institution or the Biller; and
  3. You acknowledge that the consents contained in a) above are requirements of the EDP Services and that if such consents are withdrawn, Your participation in the EDP Services may be suspended or terminated and any or all documents may not be presented via the EDP Services.

If the Financial Institution through The Services enables You to transfer funds between the Account and an External Account, then:

  1. You agree to inform Us in writing of the External Accounts You wish to link to the Account in a form acceptable to Us;
  2. We reserve the right to refuse to accept the External Account;
  3. You agree to provide Us with the financial institution number, branch address or number, and the account number of the External Account You wish to link to the Account. We reserve the right to verify the External Account;
  4. You and the External Account holder must provide authorization to establish the link between the Account and the External Account;
  5. You agree to not link the Account to an account that is not owned by You;
  6. You acknowledge and agrees that We, at Our discretion, may limit the type of transfers that can be conducted between the Account and the External Account; specifically whether Transactions will be in the form of credits to the External Account, debits from the External Account, or both credits to and debits from the External Account;
  7. You may only link an Account denominated in Canadian dollars to an External Account denominated in Canadian dollars, or an Account denominated in US dollars to an External Account denominated in US dollars, and only if the External Account is with a financial institution domiciled in Canada;
  8. We reserve the right to limit: the number of External Accounts that can be linked to the Account; the dollar amount of Transactions to or from the External Account; and the number of Transactions to or from the External Account;
  9. We reserve the right to hold funds on the Transaction amount;
  10. You consent to the disclosure to the financial institution that holds the External Account of any personal information provided to Us with respect to Transactions to or from the External Account. You also consent to the disclosure to Us of any personal information provided to the financial institution holding the External Account of any personal information provided to such financial institution with respect to Transactions to or from the External Account;
  11. funds usually arrive in Your External Account or Account within three to five business days from the day the Transaction is authorized. We cannot guarantee the date of deposit to the Account or External Account. We and Central 1 will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in the processing of Transactions;
  12. all deposits or withdrawals will be reversed if the Transaction cannot be delivered or if it is returned for any reason; and
  13. You agree that for security or risk management purposes and at Our discretion, a nominal sum may be credited to the External Account once per year.

If the Financial Institution through Direct Services enables You to link multiple Accounts to a single user name to allow You to access the Accounts from a single user name, it will not constitute merging the Accounts. If the Accounts are linked through Direct Services, then:

  1. We reserve the right to refuse to accept any Account;
  2. You agree that We, at Our discretion, may limit the type of Transactions that can be authorized between the Accounts, specifically whether Transactions will be in the form of credits to an Account, debits from an Account, or both credits to and debits from an Account;
  3. We reserve the right to limit: the number of Accounts that can be linked; the dollar amount of Transactions made to or from a linked Account; and the number of Transactions made to or from a linked Account;
  4. the Financial Institution reserves the right to apply a hold on the Transaction amount to a linked Account for a period of time to be determined by Us, during which time the Transaction or portion thereof will not be accessible to You;
  5. You agree that the Financial Institution cannot guarantee the date of a Transaction to and from a linked Account. The Financial Institution and Central 1 will not be held liable for any cost, expense, loss, damage, or inconvenience of any nature arising as a result of a delay in the processing of Transactions; and
  6. all Transactions will be reversed if the Transaction cannot be delivered or if it is returned for any reason.

If the Financial Institution through Direct Services makes Interac e-Transfer Services available and You use the Interac e-Transfer Services, You acknowledge and agree that:

  1. the Interac e-Transfer Services are only available in Canadian dollars;
  2. the Account will be debited as soon as You initiate a Transaction, and We may hold the Transaction amount until the recipient successfully claims the Transaction or the Transaction is cancelled. We have no obligation to and will not pay interest on the Transaction amount. To the extent permitted at law, We are deemed to have a security interest in the Transaction amount from the time the Account is debited until the recipient successfully claims the Transaction or the Transaction is cancelled;
  3. Transactions sent and received through the Interac e-Transfer Services are subject to number and dollar limits that may change from time to time without prior notice to You;
  4. We will not be responsible or liable for any losses or damages incurred as a result of funds held and limits set by Us, Interac Corp., or a Participating Financial Institution;
  5. an Interac e-Transfer Notice advising the recipient of the Transaction will be generated approximately 30 minutes after You originate the Transaction;
  6. as the sender, You will keep the Interac e-Transfer Answer confidential and will not disclose it or share it with anyone but the intended recipient; You will select an Interac e-Transfer Answer that is known only to the recipient and that cannot be easily determined via social media or other means; You will not disclose the Interac e-Transfer Answer in the applicable security question, hint or Transaction details; and You will not provide the recipient the Interac e-Transfer Answer via the email or phone number that was used to send the Interac e-Transfer Notice;
  7. We, the other Participating Financial Institution, and Interac Corp. or Interac Corp.’s agents are entitled to pay the Transaction amount to anyone who, using the Interac e-Transfer Services, claims to be the recipient and successfully provides the Interac e-Transfer Answer;
  8. We will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever incurred as a result of a Third Party, other than the intended recipient to the Transaction, guessing or obtaining the Interac e-Transfer Answer through any means other than in the event of a Wrongful Activity, however notwithstanding the foregoing, in the event of an intercepted transaction from Your account where the funds did not reach the intended recipient, We may provide reimbursement to You provided that You did not participate in the Wrongful Activity, You fully cooperate in the investigation of such event, and that You have satisfied and remain in compliance with all of the applicable terms and conditions in this Agreement;
  9. as the recipient, You will not disclose the Interac e-Transfer Answer except as required to claim the transfer;
  10. the recipient may claim a Transaction using Our online banking services or another Participating Financial Institution; Transactions sent via account number, payment identifier, Autodeposit or Request Money may be automatically deposited into the account of the recipient/requestor;
  11. if the recipient declines a Transaction that You initiated, the Transaction will be returned to You;
  12. while the Interac e-Transfer Notice is usually delivered to the recipient within 30 minutes, We do not guarantee the time of deposit;
  13. as the sender, the Transaction will be returned to You if the recipient does not claim the Transaction within 30 days of the date the transfer is initiated, if the Transaction cannot be successfully sent to the recipient’s Interac e-Transfer Contact Information as provided by You, or if the recipient declines the Transaction;
  14. as the sender, You are responsible for providing the recipient’s correct Interac e-Transfer Contact Information and further agree that the recipient has consented to Your use of the Interac e-Transfer Contact Information for Interac e-Transfer Services purposes, including its provision to Us, the other Participating Financial Institution, and Interac Corp.;
  15. We may cancel a Transaction if We have reason to believe that a mistake has occurred or if We believe that the Transaction is a product of unlawful or fraudulent activity;
  16. You are responsible for providing the recipient’s correct Interac e-Transfer Contact Information and will immediately update it via Direct Services if there are any changes to the Interac e-Transfer Contact Information;
  17. as the sender, You may cancel a Transaction before the recipient successfully claims the Transaction. As the recipient, You acknowledge that a Transaction may be cancelled up to the time You successfully claim the Transaction;
  18. all disputes will be handled directly between the sender and the recipient without the participation of the Financial Institution or any other party;
  19. We may refuse to provide Interac e-Transfer Services for You;
  20. We will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in processing a Transaction;
  21. You are responsible for charges, if any, or data rates that Your applicable service provider may apply for transmitting and receiving data (including but not limited to data roaming charges);
  22. as the recipient, if You have activated the Autodeposit feature for the email address used by the sender to send You funds, or by other means that may become available, such as mobile number, then the money You receive via Interac e-Transfer Services is automatically deposited into Your account and You will not have to provide the Interac e-Transfer Answer, notwithstanding that the Autodeposit feature is subject to support by the sender’s respective financial institution;
  23. if You are the requestor of funds through Interac e-Transfer Services, You must provide the email address or mobile number of the recipient of Your request, You further agree that the recipient of such request has consented to Your use of the Interac e-Transfer Contact Information for Interac e-Transfer Services purposes, including its provision to Us, the other Participating Financial Institution, and Interac Corp.; and You must provide the eligible account You want Us to use to deposit the money You receive, if Your recipient accepts Your request; and
  24. You agree that it is Your responsibility, as sender, to provide complete and accurate information about the recipient and, as the recipient to any request for transfer, to respond only to requests that You are expecting and have consented, to such requestor of funds, to receiving.
  25. You agree and acknowledge that any personal information sent through Interac e-Transfer Services by You, whether through the transfer of funds or a request for funds, shall be Your responsibility, and the Financial Institution shall not be liable for any cost, expense, loss, damage, or inconvenience for any violation of applicable privacy laws or regulations, as the case may be, and for certainty, You further agree that any transfer of personal information through Interac e-Transfer Services shall be subject to the privacy policies of the Financial Institution.

If the Financial Institution through Direct Services makes Western Union Services available and the Depositor uses the Western Union Services, the Depositor acknowledges and agrees that:

  1. the Depositor must accept WUC’s terms and conditions before authorizing a Transaction using the Western Union Services;
  2. the Account will be debited or credited, as the case may be, as soon as the Depositor authorizes a Transaction;
  3. the Financial Institution will not be responsible or liable for any losses or damages incurred as a result of funds held and/or limits set by the Financial Institution, WUC, Interac Corp., or any member of the WUC agent network;
  4. the Financial Institution may cancel a Transaction if it has reason to believe that a mistake has occurred or if it believes that the Transaction is a product of unlawful or fraudulent activity;
  5. all disputes will be handled directly between the sender and the recipient, without the participation of the Financial Institution or any other party;
  6. Your joint Account holders, if any, may see the details of Your Western Union Services Transactions;
  7. the Financial Institution may refuse to provide Western Union Services for the Depositor; and
  8. the Financial Institution will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in processing a Transaction or for Transactions claimed by someone other than the intended recipient.

If the Financial Institution, through Direct Services, makes the Remote Deposit Service available and You use the Remote Deposit Service, You acknowledge and agree that:

  1. solely for the Remote Deposit Service, the Financial Institution appoints You as its agent, to act on Our behalf in the creation and transmission of an Official Image to Us, and any other related duties that may be required by Us, all in accordance with the Rules and applicable legislation governing Instruments. In this context, transmission to and receipt by Us of the Official Image will have the same effect as if the Instrument was delivered to a branch of the Financial Institution for negotiation and clearing. You acknowledge and agree that this role as agent cannot be further delegated by You. Further, You acknowledge and agree that You shall be personally responsible and liable for:
    1. compliance with this Agreement,
    2. maintaining adequate security over any Access Terminal used, the location of use of the Access Terminal, and any passwords so as to prevent use by others or interception of data transmitted,
    3. ensuring that all Official Images created and transmitted are of good quality and fully and accurately capture all material details of the Eligible Bill,
    4. maintaining adequate safeguards and procedures for the preservation of originals of all Eligible Bills transmitted as Official Images, and
    5. verifying that deposits expected to be made to the Account reconcile with dates and amounts applicable to transmissions made using the Remote Deposit Service and for providing immediate notice to Us of any errors, omissions, irregularities, or concerns about suspicions of fraudulent Instruments or compromise of the security applicable to the use of the Remote Deposit Service;
  2. We may, upon receipt of what reasonably appears to qualify as an Official Image, treat such as an Official Image and, as if it were an original of an Instrument received at a branch of the Financial Institution, subject to the Account Agreement and any of Our policies governing Instruments;
  3. the creation of an Official Image will be done using a method authorized by Us, in Our sole discretion, from time to time. Further, You agree to take all proper and necessary precautions to prevent any other person from purporting to create or transmit an Official Image to the credit of Your Account;
  4. nothing in this Agreement obliges Us to accept for deposit any item whether it is or purports to be an Official Image. You shall not purport to create or transmit an Official Image of any item that does not qualify as an Eligible Bill or any item that is post-dated, stale-dated, received by You from anyone other than the drawer of that item, or that is in any way altered. If You have any suspicions or concerns about the authenticity, validity, negotiability, or chain of title to any item purporting to be an Eligible Bill, then You shall not seek to use the Remote Deposit Service for negotiation or collection of that item, but will instead bring the original of that item to the counter of the branch of Account, identify the specific concerns to Us, and fully disclose all material facts known by You relating to that item and fully cooperate with any inquiry or investigation of the concerns;
  5. under the Remote Deposit Service, Eligible Bills are restricted to those Instruments in Canadian dollars or United States dollars, drawn on a financial institution domiciled in Canada or the United States, as and if applicable, in Our sole discretion, from time to time. You shall not seek to use the Remote Deposit Service to deposit any Instrument into an Account different than the currency denominated on the Instrument. Canadian dollar Instruments shall only be deposited to a Canadian dollar Account. United States dollar Instruments shall only be deposited to a United States dollar Account. If You use the Remote Deposit Service with an Instrument that does not qualify for this Service, We, at Our discretion, may refuse to negotiate that Instrument or seek to collect on the instrument on Your behalf, as though it was a qualifying Instrument but without any liability on Our part for any delay, inability to collect or any issue arising that inhibits or prevents Us from collecting funds on the Instrument;
  6. Official Images received through the Remote Deposit Service are subject to number and dollar limits that may change from time to time without prior notice to You;
  7. any Transaction made on any day or at any time during which We are not open for business may be credited to the Account on Our next business day;
  8. once an Official Image of an Eligible Bill has been transmitted to Us through the Remote Deposit Service, no further Official Images of that Eligible Bill will be created or transmitted through the Remote Deposit Service (or any other similar service) unless You are requested to do so by Us in writing. Further, You agree to make no further use of the original of an imaged Eligible Bill, and shall safely retain possession of the original of the Eligible Bill without further negotiation, transfer, or delivery to any other person or holder. In addition to all obligations and responsibilities either set forth in this Agreement or elsewhere, You agree to indemnify and hold Us and Our service providers and Central 1 and all of their connected parties, including, without limitation, their respective agents, directors, officers, employees, affiliates, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs, including, without limitation, reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of or connected to Your use of the Remote Deposit Service or duplicate negotiation of items that were at any time presented as Official Images of Eligible Bills. You must assist and cooperate as fully as reasonably required by the Indemnified Parties in the defence of any such claim or demand. The disclaimers, liability exclusions, liability limitations, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement and apply to the extent permitted by law. Without limiting the foregoing, You will indemnify and save the Indemnified Parties harmless from and against all liability, costs, loss, expenses, and damages, including direct, indirect, and consequential incurred by the Indemnified Parties as a result of any breach of this Agreement, or any claims arising from or relating to misuse of Official Images or items purporting to be Official Images, or negotiation of Eligible Bills where an Official Image has also been transmitted for collection;
  9. on transmission of an Official Image of an Eligible Bill to Us, You are responsible for immediately marking the face of the Eligible Bill with a blatant notation or mark that prevents renegotiation of the Eligible Bill and indicates that the Eligible Bill has been imaged and transmitted, taking care not to obliterate any material particulars of that Eligible Bill. (For example: This can be done by writing “void” or “paid” or placing a diagonal stroke across the face of the item with a pen or brightly coloured highlighter.) For a period of 120 days after transmission of the Official Image to Us, or such shorter period as stipulated by Us in writing, You shall retain and produce to Us on written request the original of all imaged Eligible Bills. If You receive a written request to retain or produce, You will comply with the written request, and shall, if requested, produce, by delivering to Us, the original of all specified Eligible Bills within five business days of such request. If You fail to comply with the written request made pursuant to this provision, then We can place or continue a hold on or reverse any credit made to the Account in relation to those specified Eligible Bills, even if such creates an overdraft on the Account. If no written request is received within that time, then 120 calendar days after an Official Image has been transmitted to Us through the Remote Deposit Service or such shorter period as stipulated by Us in writing, and provided that You have verified a credit to the Account that reconciles to the Official Image transmitted, You agree to immediately proceed with destruction of the original of the Eligible Bill. Destruction methods include shredding, pulping, burning, or any other means that ensures that the original Instrument cannot be reused;
  10. You are responsible for any and all costs associated with obtaining a replacement Instrument in the event that We request that You re- transmit an Official Image in accordance with h) above, and the original Instrument was destroyed in accordance with i) above or otherwise lost;
  11. in Our sole discretion, electronic notices for purposes related to the Remote Deposit Service may be generated and sent to You at Your Contact Info after You use the Remote Deposit Service to transmit an Official Image, including to advise You of the receipt by Us of an Official Image. To receive such electronic notices, You must provide Your Contact Info required by Us;
  12. an electronic notice, if any, sent in connection with the Remote Deposit Service is for information purposes only and is no guarantee that the Official Image will be accepted by Us or that the Account will be credited; and
  13. We will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of use of the Remote Deposit Service, including, but not limited to, a delay in processing a Transaction or if We require You to obtain another Instrument.

If the Financial Institution, through The Services, makes the Online Payment Service available and You use the Online Payment Service, You acknowledge and agree that:

  1. the Online Payment Service is only available in Canadian dollars from Participating Merchants;
  2. Transactions for the Online Payment Service must be initiated by You through the appropriate online payment option available on the website of a Participating Merchant;
  3. as soon as You authorize a Transaction through the Online Payment Service, and provided that there are available funds or credit, the amount of the Transaction will be withdrawn from the Account or a hold will be placed in the amount of the Transaction. We will hold the Transaction amount until the Participating Merchant successfully claims the Transaction or 30 minutes have elapsed, whichever comes first. We have no obligation to and will not pay interest on the Transaction amount. To the extent permitted at law, We are deemed to have a security interest in the Transaction amount from the time the Account is held until the Participating Merchant successfully claims the Transaction or the hold is removed;
  4. Transactions sent and received through the Online Payment Service are subject to number and dollar limits that may change from time to time without prior notice to You;
  5. We will not be responsible or liable for any losses or damages incurred as a result of funds held and limits set by Us, Interac Corp., a Participating Merchant, or a Participating Financial Institution;
  6. the Financial Institution, the Participating Financial Institution, and Central 1 are entitled to pay the Transaction amount to anyone who claims to be the Participating Merchant and provides the payment authorization details within 30 minutes of the Transaction being authorized by You;
  7. We will not be liable for losses or damages incurred as a result of a person other than the intended Participating Merchant receiving the Transaction amount;
  8. if the Participating Merchant cancels, declines, or fails to claim a Transaction that You authorized, the Transaction amount will be reinstated after 30 minutes have elapsed since the Transaction was authorized. However, We cannot guarantee the date or time that the hold on the Transaction amount will be removed;
  9. We, Central 1, or Interac Corp. may cancel a Transaction once it is authorized but before payment authorization details are sent to the Participating Merchant, if there is reason to believe that a mistake has occurred or that the Transaction is a product of unlawful or fraudulent activity;
  10. once payment authorization details have been sent to the Participating Merchant, a Transaction cannot be cancelled. Payment authorization details are sent immediately after a Transaction is authorized by You;
  11. all disputes, including requests for refunds, will be handled directly between You and the Participating Merchant without Our participation or any other party. A refund, if any, may be received through Direct Services and Central 1 for credit to the Account, or through such other method the Participating Merchant deems appropriate;
  12. We may refuse, in Our sole discretion, to provide the Online Payment Service for You;
  13. in Our sole discretion, electronic Notifications for purposes related to the Online Payment Service may be generated and sent to You at Your Contact Info after You authorize a Transaction, including to advise You that the Account has been debited. To receive an electronic Notification, You must provide Your Contact Info required by Us;
  14. an electronic Notification, if any, sent in connection with the Online Payment Service is for information purposes only and is no guarantee that the Participating Merchant will successfully claim the Transaction or that You have successfully purchased the product or service from the Participating Merchant; and
  15. We will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of using the Online Payment Services, including, but not limited to, a delay in processing a Transaction or a Participating Merchant failing to claim a Transaction.

The Financial Institution may, in connection with Direct Services, permit You to view and print images of 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.

We may, in connection with Direct Services, permit You to view and print images of documents. 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 in any way oblige Us to permit You to view and print images of documents.

The Financial Institution may, in connection with Mobile Payment Services, permit You to perform electronic payments at a POS or ATM using a Mobile Device in conjunction with a Debit Card and PIN, or a virtual Debit Card and Passcode.

You will use the Debit Card only for the purpose of obtaining services as agreed upon between You and Us. On thirty days’ written notice, We may add or remove from the types of uses that are permitted. The issuance of the Debit Card does not amount to a representation or a warranty that any particular type of service is available or shall be available at any time in the future. This Agreement, and the fact that You have the use of the Debit Card, does not give You any credit privileges or any entitlement to overdraw Your Account, except as may be provided by separate agreement with Us.

Unless You have made other arrangements with Us, amounts credited to Your Account as a result of deposits using the Debit Card will not be available for withdrawal until the deposits are verified and negotiable items such as cheques are paid. Withdrawals or transfers effected by the use of the Debit Card will be debited to Your Account at the time they are made. You will not deposit any coins or worthless, counterfeit or fraudulent items to Your Account, into any ATM, or using Your Mobile Device, and will pay to Us any damages, costs or losses suffered by Us as a result of any such deposit.

Once You have first used the Debit Card, or virtual Debit Card as part of the Mobile Payment Service, You will be liable for all authorized and unauthorized uses of the Debit Card by any person up to Your established daily withdrawal limit (including funds accessible through a line of credit or overdraft privilege), for each day through until the expiry or cancellation of the Debit Card. However, in the event of alteration of Your Account balance due to technical problems, card issuer errors and system malfunctions, You will be liable only to the extent of any benefit You have received, and will be entitled to recover from the Credit Union any direct losses You may have suffered. The Financial Institution will have the discretion to relieve You from liability for unauthorized use of Your Debit Card either through no fault of Your own or in a case where You have inadvertently contributed to the unauthorized use of Your Debit Card. You will cooperate in any investigation. We will not be liable to You for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to effect or authorize the use of the Debit Card for a POS Transaction. You understand that You must not use Your Debit Card, for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in Your jurisdiction.

If You become aware that the Debit Card or Your Mobile Device used in conjunction with the Mobile Payment Service is lost or stolen, or that the PIN or Passcode has been made accessible to another person, or if any other person’s biometric gets stored on Your Mobile Device, You will notify Us or Our agent immediately, whereupon the Debit Card will be cancelled, the Mobile Payment Service suspended or the PIN or Passcode changed. The instant such notice is actually received by Us or when We are satisfied that You became the victim of fraud, theft, or coercion by trickery, force or intimidation, Your liability for further use of the Debit Card or Mobile Payment Service will terminate, and You will be entitled to recover from Us any subsequent losses suffered by You through the use of the Debit Card or Mobile Payment Service.

In the event of a problem with a Debit Card Transaction, or unauthorized Debit Card Transaction, other than a matter related to goods or services provided by Merchants, You will report the issue promptly to Us and We will investigate and respond to the issue on a timely basis. We will not unreasonably restrict You from the use of any funds subject to dispute, provided that it is reasonably evident that You did not contribute to the problem or unauthorized Transaction. We will respond to Your report of a problem or unauthorized Transaction within ten business days and will indicate what reimbursement, if any, will be made for any loss incurred by me. Reimbursement will be made for losses from a problem or unauthorized use in this time frame provided that on the balance of probabilities it is shown that You did not knowingly contribute to the problem or unauthorized Transaction and that You took reasonable steps to protect the confidentiality of Your PIN or Passcode. An extension of the ten day limit may be necessary if We require You to provide a written statement or affidavit to aid its investigation.

If You are not satisfied with Our response, We will provide You, upon request, a written account of Our investigation and the reasons for Our findings. If You are still not satisfied, the issue will be referred to either a dispute resolution service or external mediator, as agreed between You and Us. Neither We nor You will have the right to start court action until 30 days have passed since the issue was first raised with Us. Any dispute related to goods or services supplied in a POS Transaction is strictly between You and the Merchant, and You will raise no defense or claim against Us.

You acknowledge having been advised of, and will pay, the applicable fees now in effect for services available under this Agreement. New or amended fees for Mobile Payment Services will only become effective 30 days after publication by Us.

If You provide Instructions to conduct a Transaction that is denominated in a currency other than the currency of Your Account, and We accept the Instructions or Transaction, a conversion of currency is required. When a conversion of currency is made We may act as principal with You in converting the currency at rates established or determined by Us, affiliated parties, or through parties with whom We contract for foreign exchange services. In addition to applicable Service Charges, We, Our affiliates and contractors may earn revenue, commissions, or fees on currency conversions. You agree that such revenue, commissions or fees may be included in and charged as part of the exchange rate charged to You. The cost of currency conversion may not be known to You or precisely determinable in advance or until the amount of the Transaction is charged to Your Account. If currency conversions on this basis are not acceptable to You, You agree that You will not transact in foreign currency on Your Account, including withdrawing foreign currency from ATMs, POS Transactions in foreign currency, by use of Direct Services or Mobile Payment Services or delivering any Instrument or processing any Transaction to Us for deposit in a currency other than the currency of Your Account. We agree to convert currency at commercially reasonable rates, including revenue, commissions, and fees charged in respect of the conversion.

When You purchase foreign currency from Us, in branch, the rate of exchange We charge You and any Service Charges You must pay will be disclosed or, alternatively, made available to You on request, at the time of the Transaction.

If You deposit Instruments or process a Transaction denominated in a currency other than the currency of Your Account, and We accept the Instrument or Transaction for deposit, You agree that We may convert the amount of the Instrument or Transaction to the currency of the Account using the Our sell rate for the currency of the Instrument or Transaction in effect at the time the conversion is processed. If We have not established a sell rate for the currency of the Instrument or Transaction in the currency of Your Account, You agree that We may:

  1. convert the funds for provisional credit to the currency of the Account using a commercially reasonable rate of exchange available from Third Parties to purchase the currency of the Account using the currency of the Instrument accepted for deposit, or to purchase a currency for which We have a sell rate and then to convert that amount to the currency of the Account at Our sell rate for that currency; and
  2. for such Transactions, charge You a conversion fee, up to a maximum of 5% of the value of the Transaction, in addition to any other Service Charges You must pay.

You also agree that if any Instrument or Transaction in a currency other than the currency of Your Account is accepted for deposit, such deposit is provisional and subject to reversal. If any such Transaction must be reversed, the process outlined above for conversion of Your deposits, will apply to conversions undertaken for return of funds, and that You may be charged additional fees, commissions and Service Charges, as part of that conversion. The amount charged to Your Account for return of funds may be different than the amount of the deposit. The risk of loss on such Transactions shall be borne by You without any right of recourse against Us, and without any right to recover any fees charged to You in respect of the original deposit.

When You conduct Transactions with a Mobile Device or at an ATM, or through a POS, in a foreign currency We receive a debit instruction initiated by You and which may be received by Us after processing through one or more international electronic networks that participate in the international payments system (the “Instruction”). The Instruction We receive may ask Us to pay a stipulated amount that may either be denominated in Canadian Dollars or in U.S. Dollars, regardless of the currency of Your Transaction with the Mobile Device, ATM or POS. The Transaction amount between You and Us will be the amount of Your Transaction, plus any fees by the owner of the ATM or POS, plus any revenue, commissions or fees of Third Parties that processed the Transaction or converted the foreign currency before it is received as a debit Instruction by Us. Foreign currency conversion completed by Third Parties occurs at rates that We do not set, and which may include revenue, commissions or fees of those Third Parties. More than one currency conversion may be completed by Third Parties before Your Instruction is received by Us. The amount ultimately charged to Your Account will at a minimum be the amount of the Instruction either in the currency of Your Account or U.S. Dollar value of the Instruction received by Us through the electronic network. If the Transaction is conducted on an Account denominated in Canadian Dollars and the Instruction is received in U.S. Dollars, the amount charged to Your Account will be the amount of the U.S. Dollar Instruction received by Us, converted to Canadian Dollars at Our sell rate for purchase of U.S. Dollars in effect at the time of the conversion. Our services charges and fees for Transactions on Your Account may be added to the Transaction in accordance with Our published service and fee brochure.

Currency conversions will be completed when and at rates in effect when the Transaction is processed by Us which may not be the same rate in effect when We complete Your Transaction.

The Financial Institution remains the owner of the Debit Card and may restrict the use of the Debit Card, or may terminate this Agreement and Your right to use the Debit Card, at any time without notice. You will return the Debit Card to Us or disable the Mobile Payment Service on Your Mobile Device upon request.

You acknowledge that We have policies to protect Your privacy and that You may obtain particulars upon request. You hereby consent to the collection and use of Your personal information by Us and Our affiliates to monitor use of financial services, in order to detect fraud, develop needed products and services, and offer members needed services. However, if You have given or hereafter give express consent to the collection, use and further disclosure of Your Personal Information by the Financial Institution in form and content that is more permissive than the consent provided herein, the other form of consent shall govern Our relationship. You may withdraw Your consent at any time by contacting the Financial Institution’s Privacy Officer.

You understand that the Financial Institution has endorsed the voluntary Canadian Code of Practice for Consumer Debit Card Services, a copy of which is available from Us on request or at www.fcac- acfc.gc.ca and We will be guided by the principles of the Code in administering the operation of Debit Card Services.

In order to use the Mobile Payment Service, You must: (a) be an Authorized User on an Account in good standing with Us; (b) have a Mobile Device; and (c) meet any other requirements for the access and use of the Mobile Payment Service that are specified by Us.

If You intend to sell, give away or dispose of Your Mobile Device, You must first delete the Financial Institution’s Mobile Payment/Mobile Banking application from Your Mobile Device.

You may terminate Your use of the Mobile Payment Service at any time by contacting Us. The Financial Institution may terminate or suspend Your use of the Mobile Payment Service for any reason at any time without notifying You in advance.

You are prohibited from using the Mobile Payment Service on a Mobile Device that You know or suspect has had its security or integrity compromised (e.g., where the Mobile Device has been “rooted” or had its security mechanisms bypassed). You will be solely liable for any losses, damages and expenses incurred as a result of Your use of the Mobile Payment Service on a compromised Mobile Device. You further acknowledge that You will properly maintain the security of Your Mobile Device used in conjunction with the Mobile Payment Service 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 will not allow other persons to store their biometrics on Your Mobile Device. If You lose Your Mobile Device, You will act promptly to prevent unauthorized use.

You acknowledge and agree that: (a) We do not warrant the operability or functionality of the Mobile Payment Service or that it will be available to complete a Transaction; (b) We do not warrant that any particular merchant will offer the payment method accessed through the Mobile Payment Service; and (c) We do not guarantee the availability or operability of any wireless networks or of any Mobile Device. You understand that You should keep Your physical Debit Card with You to use in the event the Mobile Payment Service is unavailable for whatever reason. Furthermore, You explicitly exclude Us, all partners and associated service providers from all liability whatsoever in relation to the Mobile Payments Service, and by extension their respective directors, officers and employees, including, without limitation, any liability in relation to the sale, distribution, use or the performance or non-performance of the Mobile Payments Service. You acknowledge and confirm ownership of the respective intellectual property rights by the Financial Institution, its partners and associated service providers.

You acknowledge that the Mobile Payment Service may be used in conjunction with location-based services, and agree that We may collect, transmit, process, display, disclose, maintain or use location-based data.

You agree that You will not copy, modify, adapt, enhance, translate or create a derivative work of the Mobile Payment Service or any part of the Service. You will not license, sublicense, market or distribute the Mobile Payment Service, or provide any copies to a Third Party. You will not attempt to reverse engineer, decompile, disassemble or make error corrections to any part of the Mobile Payment Service, and You will not use any part of the Mobile Payment Service to gain access to interconnecting software applications to do the same.

You acknowledge that this Agreement is subject to the laws and jurisdictions as defined by Us, irrespective of where You downloaded or enabled the Mobile Payments Service. You understand that We may monitor and enforce compliance with these terms.

You acknowledge the receipt of a true copy of this Agreement or a previous version signed by You upon initiation of the PIN-based Debit Card service or Mobile Payment Service and that this Agreement does not require signature by Us. You acknowledge that this Agreement may be amended unilaterally by Us upon thirty (30) days’ notice being published on the Financial Institution’s Website or on Our banking app or by posting notice of the changes to this Agreement in branch and until this Agreement is terminated, the use or continued use of the Debit Card or Mobile Payment Service by You shall be conclusively deemed to be the acceptance by You of any amendments to this Agreement. You also agree to keep this copy of this Agreement for Your own records. You understand You may obtain from any branch of the Financial Institution a copy of any changes to this Agreement or the revised agreement.

The Financial Institution may, in its sole discretion, amend the terms and conditions of this Agreement as it relates to Your future use of The Services from time to time, for any reason, without any liability to You or any other person. The Financial Institution may provide notice of a change to this Agreement by mailing notice to Your last known address, by posting notice at the Financial Institution’s premises, by personal delivery, or by any other means the Financial Institution, acting reasonably, considers appropriate to bring the modification to Your attention. You are responsible for regularly reviewing the terms and conditions of this Agreement. If You use these Services after the effective date of an amendment to this Agreement, it will mean that You agree to the amendment and adopt and are bound by the newer version of this Agreement. You must not change, supplement, or amend this Agreement by any means.

This Agreement supplements any prior agreement governing the use of the Debit Card and the PIN or virtual Debit Card and Passcode, but does not replace or supersede any agreement or provision of any agreement relating to any loan, credit facility or the operation of any Account. This Agreement applies to any Account specified herein, as well, to any other account designated by You from time to time for use in connection with the Debit Card or Mobile Payment Service.

In addition to this Agreement, the terms and conditions of the Account Agreement between You and the Financial Institution will apply to The 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 the Financial Institution and the terms and conditions of this Agreement, then the terms and conditions of this Agreement will supersede and apply in respect of The Services. There are no representations or warranties made by Us to You concerning The Services except for the representations, warranties, and obligations of the Financial Institution as expressly set out in this Agreement. Any advice, information, or statements provided by Us, Central 1, or their 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.

Any notice required or permitted to be given to the Financial Institution in connection with this Agreement must be in writing and must be addressed and delivered to the Financial Institution at the address or fax number set forth on the Account Agreement. 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 to Your Contact Info, or, except as to confidential financial information specific to You, by posting notice at the Financial Institution’s premises or on the Financial Institution’s website, or banking app or by any other means We, acting reasonably, consider appropriate to bring the notice to Your attention. You are deemed to have received any notice sent by Us to Your Contact Info on the earlier of the time and date that You actually receive the notice or 24 hours after We send it, if sent by email, SMS Text or facsimile and five days if sent by mail. Notices published on Our Website are deemed published on the day when first published.

This Agreement may be terminated by either the Financial Institution or You on not less than one business day’s prior written notice. Any notice of termination shall not release You from any obligations incurred under this Agreement.

This Agreement may be executed electronically. Use of The 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.

This Agreement is governed by the laws of the province of the Account, or if more than one Account, then the jurisdiction of incorporation of the Financial Institution 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.

This Agreement will take effect and continue for the benefit of and be binding upon each of the Financial Institution and You and Your heirs, executors, successors, and assigns.

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.

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:

  1. the offending portion of the provision shall be expunged and the remainder of such provision will be interpreted, construed, or reformed to the extent reasonably required to render the same valid, enforceable, and consistent with the original intent underlying such provision; and
  2. such invalidity or unenforceability will not affect any other provision of this Agreement.

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.

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.

 

Direct Services Agreement

Personal Accounts — PFM schedule for consent and disclosure for PFM service ("PFM Special Terms")

 

The Depositor acknowledges their acceptance of these PFM Special Terms such that they form and are part of the Direct Services Agreement — Personal Accounts (the “Agreement”). The Financial Institution does not offer Direct Services for Personal Accounts other than in accordance with these terms and conditions.

If there is more than one Depositor in respect of the Account, or multiple holders of the External Account, the Depositor expressly accepting these terms hereby warrants and represents to the Financial Institution that such Depositor has the lawful, express, and actual authority of all other Depositors on the Account, or holders of the External Account, and each of them:

  1. to consent to the use of all and each of the Depositors’ personal information for purposes of the provision and use of PFM Services; and
  2. to acknowledge, accept and agree to be bound by the terms of the Agreement and these PFM Special Terms, including Schedule I to the PFM Special Terms, so as to form a valid and binding agreement as between all of the Depositors and the Financial Institution.

The Depositor expressly accepting these terms does so on behalf of all of the Depositors and understands that these representations and warranties, and acceptance of these terms, will be relied upon by the Financial Institution in providing PFM Services. The Depositor expressly accepting these terms understands that if these representations and warranties are untrue it may cause loss, harm and damage to the Financial Institution for which that Depositor is responsible. The Depositor expressly accepting these terms hereby agrees to indemnify and hold harmless the Financial Institution from any loss, damage, costs, including reasonable legal fees, claims or other harm that may be suffered as a result of the Financial Institutions’ reliance upon these representations and warranties.

The Depositor understands that the Personal Financial Management tool and account linking service, defined in the Agreement as the “PFM Service”, is being offered through the Depositor’s Financial Institution in coordination with Central 1 Credit Union (“Central 1”) and by Yodlee Inc. (“Yodlee”) and that it is an express requirement of Yodlee that if the Depositor wishes to subscribe, access, or use the PFM Service that the Depositor must consent to amendments and incorporation of certain terms to the Agreement with the Financial Institution as more particularly set forth in the Mandatory Provisions for Customer Agreement as set forth in the Schedule I below, (the “Mandatory Provisions”). The Depositor understands that subscription to the PFM Service, whether by linking Accounts at the Financial Institution alone or with External Accounts at Third Party institutions will require that the Depositor share certain otherwise confidential and personal information to engage the PFM Service.

The Depositor authorizes the Financial Institution, Central 1, and their respective agents, representatives, and service providers, (collectively referred to solely for purposes of this PFM Special Terms as the “F.I. Affiliates”) as well as Yodlee, to collect, use, and disclose the Depositor’s personal information, including the Depositor’s personal access codes, in order to link the External Accounts to the Depositor’s Account with the Financial Institution, and periodically access the External Accounts to update the Depositor’s personal information and to perform data analytics on all linked accounts to present information and reports to the Depositor and make available to the Depositor and the Depositor’s Financial Institution, a personal financial management summary of all of the Depositor’s linked accounts and transactions thereon. Notwithstanding the foregoing, this provision shall not be deemed to in any way diminish the Depositor’s duties and responsibilities to personally access and review the External Accounts and to otherwise comply with the agreements in place with Third Parties holding those External Accounts, nor shall any right of access to information granted by the Depositor pursuant to this Agreement create any obligation on the part of the Financial Institution, Central 1, or the PFM Service provider to monitor or warn the Depositor of any unusual or unauthorized account activity on any Account or any External Accounts. The Depositor understands that the institutions holding the Depositor’s External Accounts may prohibit disclosure of the Depositor’s personal access codes, and that it is the Depositor’s responsibility to confirm that the Depositor’s personal access codes can be disclosed to Yodlee for the purpose of linking the External Accounts. This will not be confirmed by the Financial Institution, the F.I. Affiliates, or Yodlee.

The Depositor confirms that the Depositor is permitted to link the Depositor’s External Accounts, and the Depositor accepts all risk associated with the linking of the Depositor’s Financial Institution Account to the Depositor’s External Accounts, including all risk associated with disclosure of the Depositor’s personal access codes. The Depositor agrees and acknowledges that the Financial Institution or any F.I. Affiliate is not responsible or liable for any loss, harm, or damage, of any kind, related to or arising from linking the Depositor’s Financial Institution Account with the Depositor’s External Accounts, or arising from disclosure of the Depositor’s personal access codes for purposes of linking the Depositor’s External Accounts, to the extent permitted by law, subject to the Financial Institution or F.I. Affiliate being liable for the consequences of their own act and that of its representatives.

The Depositor understands that if the Depositor has previously provided to the Financial Institution a marketing consent to receive promotional offers, then the Financial Institution, and its agents, representatives, and service providers will use the information from the Depositor’s linked accounts to provide promotional and marketing information to the Depositor.

The Depositor can withdraw the Depositor’s consent for the collection, use, and disclosure of the Depositor’s personal information at any time by contacting the Financial Institution, at [mailing address] or [telephone number, email address, and/or website address]. If the Depositor withdraws the Depositor’s consent, the Financial Institution may no longer be able to provide certain services, including, but not necessarily limited to PFM Services. The Depositor understands that certain additional integrated services offered by the Financial Institution may no longer be available.

THE DEPOSITOR UNDERSTANDS THAT THE PFM SERVICE CAN KEEP TRACK AND PROVIDE THE DEPOSITOR WITH COMPREHENSIVE SPECIFIC ANALYSIS OF THE DEPOSITOR’S FINANCIAL SITUATION ONLY IF THE DEPOSITOR KEEPS SUCH INFORMATION COMPLETE AND CURRENT AND THAT IF THE DEPOSITOR DOES NOT DO SO, THAT THE REPORTS AND ANALYTICS PERFORMED AS PART OF THE PFM SERVICE WILL BE INCOMPLETE AND MAY CONTAIN ERRONEOUS INFORMATION. THE DEPOSITOR AUTHORIZES THE FINANCIAL INSTITUTION AND THE F.I. AFFILIATES TO COLLECT, USE, AND DISCLOSE THE DEPOSITOR’S PERSONAL INFORMATION IN ORDER TO ADD, MODIFY, OR DELETE REFERENCE TO THE ASSET(S) OR LIABILITY(IES) TO THE DEPOSITOR’S ACCOUNT WITH THE FINANCIAL INSTITUTION, WHETHER IN THE FUTURE OR THE PAST. THE DEPOSITOR UNDERSTANDS AND AGREES THAT THE DEPOSITOR IS RESPONSIBLE FOR KEEPING THE DEPOSITOR’S ASSET AND LIABILITY INFORMATION CURRENT.

 

Schedule 1 — Mandatory provisions for customer agreement

 

You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.

You are permitted to use content delivered to you through the PFM Service only on the PFM Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the PFM Service technology, including, any Java applets associated with the PFM Service.

CONTENT YOU PROVIDE – You hereby grant to the Financial Institution and its service providers, including Central 1 and Yodlee Inc. (collectively, “Service Providers”) a license to use any information, data, passwords, materials or other content (collectively, “Your Content”) that you provide through or to the PFM Service for the following purposes:

The Financial Institution and Service Providers may use, modify, display, distribute and create new material using Your Content for the Permitted Purposes. By submitting Your Content, you automatically agree, or promise that the owner of Your Content has expressly agreed, that, without any particular time limit and without the payment of any fees, the Financial Institution and Service Providers may use Your Content for the Permitted Purposes. As between the Financial Institution and Service Providers, the Financial Institution owns your confidential account information.

  1. to provide the PFM Service to you;
  2. to provide you with access to Your Content through other similar services provided by Yodlee Inc. to other financial institutions; and
  3. to provide those other financial institutions with information regarding all of the accounts that you have registered with the PFM Service so that they may use the information to provide or offer additional or complementary services to you (collectively, the “Permitted Purposes”).

By linking an External Account to the PFM Service, you authorize the Financial Institution and Service Providers, on your behalf, to access the applicable Third Party site to register the account for use by you in connection with the PFM Service and to retrieve data regarding the account for use by you as part of the PFM Service.

For the foregoing purposes, you hereby grant to the Financial Institution and Service Providers a limited power of attorney, and you hereby appoint each of the Financial Institution and Service Providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access Third Party sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite 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. YOU ACKNOWLEDGE AND AGREE THAT WHEN THE FINANCIAL INSTITUTION OR SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM A THIRD PARTY SITE, THE FINANCIAL INSTITUTION AND SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY THAT OWNS OR OPERATES THE THIRD PARTY SITE. You agree that Third Party account providers and site operators will be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the PFM Service is not endorsed or sponsored by any Third Party account providers accessible through the PFM Service.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE PFM SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICE IS AT YOUR SOLE RISK. THE PFM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE FINANCIAL INSTITUTION AND SERVICE PROVIDERS EACH EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE PFM SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PFM SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. THE FINANCIAL INSTITUTION AND SERVICE PROVIDERS MAKE NO WARRANTY THAT:
    1. THE PFM SERVICE WILL MEET YOUR REQUIREMENTS;
    2. THE PFM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
    3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PFM SERVICE WILL BE ACCURATE OR RELIABLE;
    4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PFM SERVICE WILL MEET YOUR EXPECTATIONS; OR
    5. ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PFM SERVICE 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 ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FINANCIAL INSTITUTION OR A SERVICE PROVIDER THROUGH OR FROM THE PFM SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
  1. THE USE OR THE INABILITY TO USE THE PFM SERVICE;
  2. THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES;
  3. ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PFM SERVICE;
  4. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  5. STATEMENTS OR CONDUCT OF ANYONE ON THE PFM SERVICE;
  6. THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE FINANCIAL INSTITUTION OR THE SERVICE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
  7. ANY OTHER MATTER RELATING TO THE PFM SERVICE.

You agree to protect and fully compensate the Financial Institution and each Service Provider and their affiliates from any and all Third Party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the PFM Service, your violation of these terms or any infringement, by you or any other user of your account, of any intellectual property or other right of anyone.

​You agree that each Service Provider is a Third Party beneficiary of the above provisions, with all rights to enforce such provisions as if the Service Provider were a party to this Agreement
 

Personal Membership Agreement

 

1. DEFINITIONS

1.1 INTERPRETATION – Any defined term used in this agreement, defined in the singular, is deemed to include the plural and vice versa.

"Access Terminal" means any device used to access any of the Member’s Accounts, including without limitation an ATM, a computer, a portable hand-held device, or a telephone including any form of mobile telephone.

"Account" means any of the Member’s accounts or subaccounts (if applicable) that the Member may have now or in the future, at FirstOntario Credit Union.

“Account Agreement” means the agreements for the operation of the Account. "ATM" means an Automated Teller Machine.

"Biller"means a person who uses the EDP Services to deliver bills and invoices to their customers electronically.

"Contaminant" means a computer virus, worm, lock, mole, time bomb, or any other code or instruction which may modify, delete, damage, disable, or disrupt the operation of any computer software or hardware.

"Debit Card" means a card issued by FirstOntario Credit Union that allows the holder of the card to deposit cash and/or Instruments or withdraw cash from the Account through an ATM, authorize Transactions on the Account through an ATM, and that operates like an Instrument to purchase goods and services from merchants. "Debit Card Transaction" means any Transaction processed to the Account by or through the use of a Debit Card.

"Debit Card Services" means the services offered by FirstOntario Credit Union from time to time allowing the Member with a Debit Card and a PIN to access the Account by electronic means.

"Direct Services" means the services offered by FirstOntario Credit Union from time to time that let the Member access the Account using an Access Terminal. However, Direct Services do not include card services such as Debit Cards or Smart Cards provided by a Third Party.

"EDP Services" means an electronic mail service provided by EPO Inc. (doing business as epost™) that facilitates the delivery of bills and invoices from Billers to their customers using Direct Services.

"Email Money Transfer Answer" means the word or phrase created by the sender of an email money transfer and used by the recipient to claim or decline the money transfer using EMT Services.

"EMT Services" means the money transfer service provided by Acxsys Corporation (doing business as CertaPay) that facilitates the sending and receiving of money transfers using email through Direct Services to and from Participating Financial Institutions, and/or CertaPay payment service.

"External Account" means an account held at another Canadian financial institution in the Member’s name or on which the Member has the authority to independently authorize Transactions.

"Facsimile Signature" means a signature engraved, lithographed, printed, stamped, or otherwise mechanically reproduced or computer generated on an Instrument.

"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.

"Member" means the customer of FirstOntario Credit Union who holds the Account with FirstOntario Credit Union.

"Night Deposit Service" means the service that allows the Member to make deposits or to leave items for safekeeping after regular business hours.

"Overdraft Rate" means the per annum rate of interest, regardless of compounding frequency, designated by FirstOntario Credit Union as its "Overdraft Rate" from time to time.

"PAC" means the personal access code or word used with Direct Services to access an Account.

"PAD" means a Preauthorized Debit.

“Participating Financial Institution” means a financial institution participating in EMT Services.

"PIN" means the personal identification number selected by the Member permitting access to the Account with the Debit Card.

"PIW"means the personal identification word selected by the Member used in connection with Remote Instructions.

"Point-of-Sale Transaction" means the use of the Debit Card and the PIN as may be permitted from time to time by FirstOntario Credit Union for:

a) the transfer of funds from the Account to purchase or lease goods or services from a merchant (the "Merchant"),

b) the transfer of funds from the Account to obtain a voucher, chit, scrip, token, or other thing that may be exchanged for goods, services, or money, or

c) the transfer of funds into the Account from an account of a Merchant (e.g. a refund).

"Preauthorized Debit" means a Transaction debiting the Account that is processed electronically by a financial institution in accordance with the Member’s request.

"Remote Instructions" means instructions given to FirstOntario Credit Union with respect to the operation of the Account from a remote location using a telephone, mobile telephone, fax, via FirstOntario Credit Union’s online banking system, email, text message transmission, or other remote communication acceptable to FirstOntario Credit Union in order to operate the Account or authorize Transactions and make arrangements with FirstOntario Credit Union.

"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.

"Third Party" means any person, firm, corporation, association, organization, or entity other than FirstOntario Credit Union or Central 1 Credit Union (“Central 1”).

"Transaction" means any transaction processed to or from the Account.

2. MEMBERSHIP INFORMATION

2.1 GENERAL – FirstOntario Credit Union is a financial co-operative. This means that each Member must hold shares in FirstOntario Credit Union. As a Member, you are a part owner of FirstOntario Credit Union, with voting privileges (except for Members who are natural persons under the age of 14 years) and the right to participate through the Board of Directors in how FirstOntario Credit Union operates. Credit Union "Membership Shares” also referred to as equity, represent your investment (or Membership capital) in FirstOntario Credit Union. In the case of joint accounts, both parties must each hold the required Membership shares.

2.2 SHARES HELD – Each Member must hold 30 shares in FirstOntario Credit Union. Currently, each share has a $5.00 value. Shares are purchased as follows:

For Members joining who are 21 years of age or older, 5 shares must be purchased at the point of joining FirstOntario Credit Union. (5 x $5 = $25.00). The remaining 25 additional shares must be purchased over the next 25 year period (i.e. 1 share per year).

For Members under the age of 21 years of age 1 share must be purchased when joining FirstOntario Credit Union. (1 x $5 = $5.00). 4 additional shares must be purchased within one month of turning 21 years of age. Following a Member's 21st birthday, 25 additional shares must be purchased over a 25 year period (i.e. 1 share per year).

This is an obligation that each Member, including you, must fulfill in order to maintain Membership.

2.3 DIVIDENDS – On an annual basis, the Board of Directors may, in its absolute discretion, declare and pay a dividend on Membership shares. Dividends are paid into the chequing or savings account of each Member. If you have not obtained the required 30 shares, your signature on the Membership Application shall be deemed to be an irrevocable direction to us to use the dividend to purchase the additional required shares. The funds will automatically be deducted on the same day as the cash dividend is paid to your chequing or savings account.

2.4 WITHDRAWAL OF SHARES– Membership Shares may be withdrawn in full, inclusive of dividends, upon closing the Membership, as long as FirstOntario Credit Union is legally permitted to allow such withdrawals.

2.5 CENTRAL 1 DUES– A Member of this Credit Union pays these annual dues, a portion of which is paid to Central 1, of which FirstOntario Credit Union is a Member. These dues cover ongoing costs associated with services Central 1 provides you through FirstOntario Credit Union. On becoming a Member, you authorize FirstOntario Credit Union to pay annual dues on your behalf and to withdraw annual dues from your Account annually.

3. GENERAL

3.1 JOINT PROPERTY – If this is a joint account, each joint account holder acknowledges that all monies which now or at any time thereafter stand to the credit of the holders in the Account are the joint property of the joint account holders, with right of survivorship. In addition, each joint account holder acknowledges that FirstOntario Credit Union has a lien on his or her Membership shares and any positive balance in this Account for any liability of the holder to the Credit Union, and may set off any part of such positive balance towards the payment of the liability.

3.2 JOINT AND SEVERAL LIABILITY – If this is a joint account, all references to Member in this agreement shall be deemed to mean each and every joint account holder and all of them, collectively. For greater certainty, the joint account holders agree that they are jointly and severally liable to FirstOntario Credit Union for all debts and liabilities, and the due performance of all obligations, imposed on them by this agreement.

3.3 FORMS – The Member will use only such forms and Instruments as may be authorized by FirstOntario Credit Union from time to time.

SERVICE CHARGES AND FEES – The Member will pay the service charges that FirstOntario Credit Union establishes from time to time for the Account and fees incurred, including, without limitation, service charges for providing records regarding the Member that FirstOntario Credit Union is legally required to provide or fees imposed by a Third Party. The Member acknowledges receipt of a schedule of FirstOntario Credit Union’s charges for the Account in effect at the time of acceptance of this agreement. FirstOntario Credit Union may from time to time increase or decrease the service charges for the Account and provide notice of such changes by mailing or emailing notice to the Member’s last known address or email address, by posting notice at FirstOntario Credit Union’s premises or on FirstOntario Credit Union’s website, by personal delivery, or by any other means FirstOntario Credit Union, acting reasonably, considers appropriate to bring the change to the attention of the Member. Current service charges for the Account may be obtained by contacting FirstOntario Credit Union or through FirstOntario Credit Union’s website. The Member is responsible for determining the then current service charges for the Account they request in advance of requesting those services. By requesting the Account the Member acknowledges their agreement to pay service charges for the Account requested by them then in effect. FirstOntario Credit Union can deduct service charges from the Account (or other accounts of the Member with FirstOntario Credit Union) when the service is requested or performed. New or amended service charges and fees will become effective following publication, when the service is requested or performed, or when incurred, and in any event, no later than 30 days after publication by FirstOntario Credit Union.

VERIFICATION AND ACCEPTANCE OF TRANSACTIONS BY FIRSTONTARIO

CREDIT UNION – All Transactions are subject to verification and acceptance by FirstOntario Credit Union and, if not accepted, or if accepted but subsequently determined to be in error or otherwise improper or unauthorized, FirstOntario Credit Union may, but is not obliged to, reverse them from the Account. Verification may take place at a date later than the date the Member authorized the Transaction, which may affect the Transaction date. Notwithstanding any other provision herein, if at any time FirstOntario Credit Union, acting reasonably, determines that a credit to or traced to the Account was made in error or based upon a mistake of fact, or induced through or tainted by fraud or unlawful conduct, FirstOntario Credit Union may place a hold on the credit and/or reverse the credit and any applicable interest.

NOTING OR PROTESTING - The Member:

a) will be liable, without presentation, protest, or notice of dishonour to any parties, for the non-acceptance or nonpayment of any bills, notes, cheques, or other Instruments the Member delivered to FirstOntario Credit Union for deposit, discount, collection, or otherwise, and

b) will be liable to FirstOntario Credit Union as if proper notice of dishonour, protest, and presentment had been made or given, and FirstOntario Credit Union may:

1) charge such items, when dishonoured, to the Account in accordance with article 6.3, Returned Items, and

2) note or protest any item should FirstOntario Credit Union consider it advisable to do so, but FirstOntario Credit Union will not be liable for failure to note or protest any such item.

USE OF SERVICES

DIRECT SERVICES AND DEBIT CARD SERVICES – FirstOntario Credit Union will issue a Debit Card to the Member and will permit the Member to select a PIN. The Member may use Direct Services and/or Debit Card Services to access the Account and to authorize such Transactions as may be permitted by FirstOntario Credit Union from time to time commencing upon the day these terms and conditions are accepted by the Member and the Member’s request for Direct Services and/or Debit Card Services is approved by FirstOntario Credit Union.

The Member cannot use Direct Services or Debit Card Services to authorize Transactions on an Account that requires more than 1 authorization (i.e. with multiple signature requirements) unless prior authorization is received in writing and with FirstOntario Credit Union’s approval. FirstOntario Credit Union may from time to time add to or delete from the types of use permitted and Direct Services and/or Debit Card Services offered.

The Member will not deposit any coins, non-negotiable items, or anything not acceptable for deposit to the Account, into any ATM. The Member will pay to FirstOntario Credit Union any damages, costs, or losses suffered by FirstOntario Credit Union as a result of any such deposit.

A Debit Card's issue does not amount to a representation or a warranty that any particular type of service is available or will be available at any time in the future.

4.2 DIRECT SERVICES AND DEBIT CARD SERVICES ACKNOWLEDGMENT – The Member acknowledges and agrees that:

a) when transfers and bill payments are authorized through Direct Services, funds are deemed irrevocably transferred out of the Account and the Transaction cannot be revoked or countermanded by the Member;

b) anyone with access to the PAC, PIN, and/or PIW may be able to access Direct Services and/or Debit Card Services and may use the PAC, PIN, and/or PIW to transfer money out of an Account, set up bill payment arrangements, make bill payments, and authorize any other Transaction;

c) FirstOntario Credit Union will not be liable in any way to the Member or any other person for processing or accepting on the Account any Transaction resulting in the transfer of money out of the Account or in the payment of bills, even if the money is used for the benefit of a person other than the Member, or if bills owed by a person other than the Member are paid;

d) the Member will be liable for all Transactions using Direct Services and/or Debit Card Services, including Transactions that benefit a person other than the Member or that result in the payment of bills owed by a person other than the Member; and

e) a copy of an electronic communication is admissible in legal proceedings and constitutes the same authority as would an original document in writing.

4.3 BILL PAYMENTS THROUGH AN ACCESS TERMINAL – The Member acknowledges and agrees that:

a) bill payments made through Direct Services are not processed immediately and that the time period for processing depends upon a number of factors including, without limitation, the time when the bill payment is initiated and the internal accounting processes of the bill payment recipient;

b) it is the responsibility of the Member to ensure that bill payments are authorized in sufficient time for the payment to be received by the bill payment recipient before its due date; and

c) FirstOntario Credit Union and Central 1 will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of non - payment or a delay in the processing of bill payments.

4.4 AVAILABILITY OF DIRECT SERVICES AND DEBIT CARD SERVICES – The Member acknowledges that the availability of Direct Services and/or Debit Card Services depends on telecommunications systems, computer hardware and software, and other equipment, including equipment belonging to FirstOntario Credit Union, Central 1, and Third Parties, and that there is no guarantee or obligation to provide continuous or uninterrupted service. FirstOntario Credit Union and Central 1 are not liable for any cost, loss, damage, injury, inconvenience, or delay of any nature or kind whatsoever, whether direct, indirect, special, or consequential, that the Member may suffer in any way arising from non

- continuous or interrupted service or FirstOntario Credit Union or Central 1 providing or failing to provide Direct Services and/or Debit Card 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 FirstOntario Credit Union or Central 1 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 the Member has advised FirstOntario Credit Union of such consequences. The Member releases and agrees to hold harmless FirstOntario Credit Union and Central 1 from any and all Interruption Claims.

4.5 EDP SERVICES – If FirstOntario Credit Union through Direct Services makes EDP Services available and the Member uses the EDP Services:

a) the Member consents to epost™ preparing, using, and disclosing reports relative to the performance and/or operation of the EDP Services, including statistical or performance reports and other analysis, compilation, and information about the EDP Services or the Member, and reports that pertain to the Member’s involvement in and use of the EDP Services. The Member further consents to epost™ disclosing to Central 1 Member-specific data that consists of the total number of Billers for which the Member has registered, without identifying those Billers apart from FirstOntario Credit Union and its affiliates, and without identifying detailed data of the Member’s viewing activities;

b) the Member acknowledges that epost™ will not respond directly to the Member with respect to any inquiries, requests, questions, complaints, or other issues relating to the EDP Services in any way, other than to direct the Member to FirstOntario Credit Union or the Biller; and

c) the Member acknowledges that the consents contained in a) above are requirements of the EDP Services and that if such consents are withdrawn, the Member’s participation in the EDP Services may be suspended or terminated and any or all documents may not be presented via the EDP Services.

4.6 TRANSFERS WITH EXTERNAL ACCOUNTS – If FirstOntario Credit Union through Direct Services enables the Member to transfer funds between the Account and an External Account, then:

a) the Member agrees to inform FirstOntario Credit Union in writing of the External Account they wish to link to the Account in a form acceptable to FirstOntario Credit Union;

b) FirstOntario Credit Union reserves the right to refuse to accept the External Account;

c) the Member agrees to provide FirstOntario Credit Union with FirstOntario Credit Union number, branch address or number, and the account number of the External Account the Member wishes to link to the Account. FirstOntario Credit Union reserves the right to verify the External Account;

d) the Member and the External Account holder must provide authorization to establish the link between the Account and the External Account;

e) the Member agrees to not link the Account to an account that is not owned by the Member;

f) the Member acknowledges and agrees that FirstOntario Credit Union, at its discretion, may limit the type of Transactions that can be authorized between the Account and the External Account; specifically whether Transactions will be in the form of credits to the External Account, debits from the External Account, or both credits to and debits from the External Account;

g) the Member may only link an Account denominated in US dollars to an External Account denominated in US dollars and if the External Account is with a financial institution domiciled in Canada;

h) FirstOntario Credit Union reserves the right to limit the number of External Accounts that can be linked to the Account;

i) FirstOntario Credit Union reserves the right to limit the dollar amount of Transactions to or from the External Account;

j) FirstOntario Credit Union reserves the right to limit the number of Transactions to or from the External Account;

k) FirstOntario Credit Union reserves the right to hold funds on the Transaction amount credited to the Account;

l) the Member consents to the disclosure to FirstOntario Credit Union that holds the External Account of any personal information provided to FirstOntario Credit Union with respect to Transactions to or from the External Account;

m) funds usually arrive in the Member’s External Account or Account within 3 to 5 business days from the day the Transaction is authorized. FirstOntario Credit Union cannot guarantee the date of deposit to the Account or External Account. FirstOntario Credit Union and Central 1 will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in the processing of Transactions;

n) all deposits or withdrawals will be reversed if the Transaction cannot be delivered or if it is returned for any reason; and

o) the Member agrees that for security purposes and at FirstOntario Credit Union’s discretion, 1 cent may be credited to the External Account once per year.

4.7 TRANSFERS WITH LINKED ACCOUNTS – If FirstOntario Credit Union through Direct Services enables the Member to link multiple Accounts to a single user name to allow the Member to access the Accounts from a single user name, it will not constitute merging the Accounts. If the Accounts are linked through Direct Services, then:

a) FirstOntario Credit Union reserves the right to refuse to accept any Account;

b) the Member agrees that FirstOntario Credit Union, at its discretion, may limit the type of Transactions that can be authorized between the Accounts, specifically whether Transactions will be in the form of credits to an Account, debits from an Account, or both credits to and debits from an Account;

c) FirstOntario Credit Union reserves the right to limit the number of Accounts that can be linked;

d) FirstOntario Credit Union reserves the right to limit the dollar amount of Transactions made to or from a linked Account;

e) FirstOntario Credit Union reserves the right to limit the number of Transactions made to and from a linked Account;

f) FirstOntario Credit Union reserves the right to apply a hold on the Transaction amount to a linked Account for a period of time to be determined by FirstOntario Credit Union during which time the Transaction or portion thereof will not be accessible to the Member;

g) the Member agrees that FirstOntario Credit Union cannot guarantee the date of deposit to a linked Account. FirstOntario Credit Union and Central 1 will not be held liable for any cost, expense, loss, damage, or inconvenience of any nature arising as a result of a delay in the processing of Transactions; and

h) all Transactions will be reversed if the Transaction cannot be delivered or if it is returned for any reason.

4.8 EMT SERVICES – If FirstOntario Credit Union through Direct Services makes EMT Services available and the Member uses the EMT Services, the Member acknowledges and agrees that:

a) EMT Services are only available in Canadian dollars;

b) the Account will be debited as soon as the Member initiates a Transaction and FirstOntario Credit Union may hold the Transaction amount until the recipient successfully claims the amount or the Transaction is cancelled. FirstOntario Credit Union has no obligation to and will not pay interest on the Transaction amount. To the extent permitted at law, FirstOntario Credit Union is deemed to have a security interest in the Transaction amount from the time the Account is debited until the recipient successfully claims the amount or the Transaction is cancelled;

c) Transactions sent and received through the EMT Service are subject to number and dollar limits that may change from time to time without prior notice to the Member;

d) FirstOntario Credit Union will not be responsible or liable for any losses or damages incurred as a result of funds held and/or limits set by FirstOntario Credit Union, CertaPay, or a Participating Financial Institution;

e) an email notice advising the recipient of the Transaction amount will be generated approximately 30 minutes after the Member originates the Transaction;

f) as the sender, the Member will keep the Email Money Transfer Answer confidential and will not disclose it or share it with anyone but the intended recipient;

g) the recipient must correctly provide the Email Money Transfer Answer to claim or decline the Transaction amount;

h) FirstOntario Credit Union, the other Participating Financial Institution, and CertaPay or CertaPay’s agents are entitled to pay the Transaction amount to anyone who, using EMT Services, claims to be the recipient and successfully provides the Email Money Transfer Answer;

i) FirstOntario Credit Union will not be liable for losses or damages incurred as a result of a person other than the intended recipient guessing or obtaining the Email Money Transfer Answer;

j) as the sender, the Member will not include the Email Money Transfer Answer in the Transaction details;

k) as the recipient, the Member will not disclose the Email Money Transfer Answer except as required to claim or decline the Transaction;

l) the recipient may claim a Transaction amount using the online banking services of FirstOntario Credit Union or another Participating Financial Institution or through the CertaPay payment service;

m) if the recipient declines a Transaction that the Member initiated, the Transaction will be returned to the Member;

n) funds usually arrive in the recipient’s account within 3 to 5 business days from the day the recipient successfully claims the Transaction. FirstOntario Credit Union cannot guarantee the date of deposit;

o) if the Member is the sender, the Transaction will be returned to the Member if the recipient does not claim the Transaction within 30 days of the date the Transaction is initiated, if the Transaction cannot be successfully sent to the recipient’s email address as provided by the Member, or if the recipient declines the Transaction. The Member is responsible for providing the recipient’s correct email address and further agrees that the recipient has consented to the Member’s use of the email address for EMT Services purposes, including its provision to FirstOntario Credit Union, the other Participating Financial Institution, and CertaPay;

p) if the recipient successfully claims the Transaction using the CertaPay payment service but provides incorrect account information, CertaPay or its agent may request correct account information from the recipient or may mail an Instrument to the recipient. FirstOntario Credit Union will not pay interest on the Transaction amount;

q) FirstOntario Credit Union may cancel a Transaction if it has reason to believe that a mistake has occurred or if it believes that the Transaction is a product of unlawful or fraudulent activity;

r) the Member is responsible for providing a valid email address and will immediately update it via Direct Services if there are any changes to said email address;

s) as the sender, the Member may cancel a Transaction up to the time the recipient successfully claims the Transaction. As the recipient, the Member acknowledges that a Transaction may be cancelled up to the time the Member successfully claims the Transaction;

t) all disputes will be handled directly between the sender and the recipient;

u) FirstOntario Credit Union may refuse to provide EMT Services for the Member; and

v) FirstOntario Credit Union and Central 1 will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatsoever arising as a result of a delay in processing a Transaction or for Transactions claimed by someone other than the intended recipient.

4.9 FOREIGN CURRENCY TRANSACTIONS– If the Member provides instructions to FirstOntario Credit Union on an account that is denominated in a currency other than the currency of the Account, a conversion of currency may be required. In all such Transactions and at any time a conversion of currency is made, FirstOntario Credit Union may act as principal with the Member in converting the currency at rates established or determined by FirstOntario Credit Union, affiliated parties, or parties with whom FirstOntario Credit Union contracts. FirstOntario Credit Union, its affiliates, and contractors may earn revenue and commissions, in addition to applicable service charges, based on the difference between the applicable bid and ask rates for the currency and the rate at which the rate is offset in the market.

4.10 NO OBLIGATION – Nothing in this Agreement will oblige FirstOntario Credit Union to:

a) honour any negotiable Instrument drawn by the Member on FirstOntario Credit Union,

b) accept any monies for investment in shares or for deposit,

c) redeem shares,

d) transfer money, or

e) lend money to the Member.

4.11 eSWITCH® – The Member hereby authorizes FirstOntario Credit Union or its agent to:

a) use the Member’s Personal Information in the records of FirstOntario Credit Union and authorized signature to complete the eSwitch® process;

b) contact the Member to gather the Member’s pre - authorized transaction information;

c) notify billers, on the Member’s behalf, of a change to the Member’s account information in order to transfer the Member’s pre-authorized transactions to the above designated account;

d) effect the transaction(s) referred to in this authorization form and such other transactions as the Member may subsequently authorize (verbally or otherwise) and, if applicable, to close the Member’s prior account(s) noted above and direct the applicable institution to forward the balance in the Member’s prior account to the Member’s Credit Union account on the Member’s behalf. In addition, the Member releases FirstOntario Credit Union and its agents from any obligation to verify these transactions.

4.12 ROUND UP & SAVE – The Member hereby authorizes FirstOntario Credit Union to “round-up” each approved Point of Sale (POS) purchase transaction to the designated “Purchase Payment Account” to the nearest dollar increment as determined by the Member. In addition the Member understands:

a) If the debit account selected for the Round-Up & Save feature is a joint account, the joint account holder’s POS purchases will also be rounded up provided the joint Member has a Debit Card.

b) Calculation of the Round-Up & Save amount of the foreign currency POS transactions will be based on the Canadian POS debit amount.

c) POS transactions that require manual adjustments will not be considered a POS transaction available for the Round-Up & Save feature.

d) It is understood and agreed that in the event there are insufficient funds in the Purchase Payment Account the transfer will be cancelled. However, the originally approved POS purchase transactions will not be affected.

e) The Round-Up & Save feature can be modified or cancelled in person at any FirstOntario Credit Union branch. The POS purchase transactions made on the day of cancellation will not have the Round- Up & Save transaction processed.

4.13 NIGHT DEPOSIT SERVICE – At the Member's request, FirstOntario Credit Union will accept for deposit monies or negotiable Instruments acceptable to FirstOntario Credit Union placed in an envelope or deposit bag supplied by FirstOntario Credit Union and placed by the Member in the night depository, provided that the monies and negotiable Instruments are accompanied by a properly completed deposit slip signed by the Member and enclosed in the same envelope or deposit bag.

FirstOntario Credit Union will open the night depository on each business day of the branch during regular business hours and will deposit any monies and negotiable Instruments acceptable to FirstOntario Credit Union in the manner directed by the Member.

The Member agrees that the authorized Financial Institution officers who open the night depository and deposit the monies or negotiable Instruments to the credit of the Account are acting as the Member's agent up to the time at which the monies or negotiable Instruments are actually entered and recorded as having been deposited to the Account.

5. MEMBER INSTRUCTIONS

5.1 INSTRUMENTS – The Member authorizes FirstOntario Credit Union, without

a) the Instruments are signed by the Member, and

b) the signatures comply with the specimen signatures provided to FirstOntario Credit Union, regardless that such Instruments are:

c) drawn to the order of the Member on behalf of the Member who signed them,

d) payable to cash or bearer,

e) payable to the order and negotiated by or on behalf of the Member,

f) encashed or tendered to pay the obligations of the Member, or

g) deposited to the credit of the Member.

5.2 COUNTERMANDS – Any countermand of payment (commonly called a "stop payment") of a negotiable Instrument drawn on the Account must be in writing and signed by the Member who signed the negotiable Instrument that is the subject of the countermand, or by some other person(s) duly authorized by the Member. On receiving a countermand of payment of a negotiable Instrument drawn on the Account, FirstOntario Credit Union will:

a) use reasonable diligence to comply with the countermand, but

b) not be liable to the Member or any other person by reason of complying with, or failing to comply with, the countermand, whether FirstOntario Credit Union is negligent, willfully negligent, or otherwise. The Member hereby agrees to indemnify and save FirstOntario Credit Union harmless for all liability, costs, damages, and expenses incurred by FirstOntario Credit Union by reason of it complying with, or failing to comply with, a countermand of payment. This indemnity will enure to the benefit of FirstOntario Credit Union and will be binding upon the Member and their heirs, executors, successors, and assigns.

5.3 REMOTE INSTRUCTIONS – The Member may provide Remote Instructions to any branch of FirstOntario Credit Union, as permitted by FirstOntario Credit Union, online through the Direct Services web portal, or through FirstOntario Credit Union’s 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. FirstOntario Credit Union may, but will not be obliged to, act on Remote Instructions received in the name of the Member along with any requisite PAC and/or PIW, if any, to the same extent as if the Remote Instructions were written instructions delivered to FirstOntario Credit Union by mail signed by the Member authorized to operate the Account. Any such Remote Instructions are deemed genuine.

FirstOntario Credit Union may, in its sole discretion, acting reasonably, delay acting on or refuse to act on any Remote Instruction. A Remote Instruction is deemed received by FirstOntario Credit Union only when actually received and brought to the attention of an authorized officer of FirstOntario Credit Union capable of acting upon and implementing the Remote Instruction. Remote Instructions can be transmitted to FirstOntario Credit Union at the telephone or fax number or email address provided by FirstOntario Credit Union, or at such other telephone or fax number or email address as FirstOntario Credit Union may advise the Member by notice in writing, or online through the Direct Services web portal. Any of the persons that constitute the Member may act alone and provide Remote Instructions to FirstOntario Credit Union, even if 2 or more signatures are required generally to operate the Account. FirstOntario Credit Union, acting reasonably, is entitled to assume that any person identifying himself or herself as the Member is in fact the Member, and can rely upon such, and FirstOntario Credit Union may act on the Remote Instructions provided by any such person. All Remote Instructions given to FirstOntario Credit Union in the name of the Member will bind the Member.

5.4 ACCESS TERMINAL TRANSACTIONS – The Member acknowledges and agrees that:

a) using the PAC, PIN, and/or PIW to authorize a Transaction constitutes authorization of that Transaction in the same manner as if authorization were given by the Member in person or as otherwise contemplated or permitted by this agreement;

b) the Member will be bound by each such Transaction; and

c) once a PAC, PIN, and/or PIW has been used to authorize a Transaction, the Transaction may not be revoked or countermanded. This agreement and the fact that the Member has use of a Debit Card does not give the Member any credit privileges or any entitlement to overdraw the Account, except as provided by separate agreement with FirstOntario Credit Union. The Member irrevocably authorizes and directs FirstOntario Credit Union to debit or credit, as the case may be, the amount of any Transaction to the Account authorized using the PAC, PIN, and/or PIW, in person by the Member, or as otherwise contemplated or permitted by this agreement, in accordance with the normal practices of FirstOntario Credit Union, which may be amended from time to time without notice.

5.5 LOST OR DESTROYED INSTRUMENT – If an Instrument drawn on the Account is lost or destroyed while in the possession of another financial institution or its agents, FirstOntario Credit Union may, for all purposes, treat a copy of the Instrument, certified as being a true copy by the other financial institution, as though it were the original Instrument.

5.6 LOST OR STOLEN DEBIT CARD OR COMPROMISED PIN – If the Member suspects or becomes aware that the Debit Card is lost or stolen or that the PIN has been made accessible to another person, then the Member will notify FirstOntario Credit Union or its agent immediately, in person or by telephone. Notification will only be considered given if the Member speaks directly to an authorized Financial Institution officer or its agent. Upon receipt of such notice the Member's liability for further unauthorized use of the Debit Card will terminate. If the Member notified FirstOntario Credit Union promptly and cooperated in any investigation, once FirstOntario Credit Union is satisfied that the Member is the victim of fraud, theft, or coercion by trickery, force, or intimidation, the Member will be entitled to recover from FirstOntario Credit Union any direct losses from the Account through the use of the Debit Card in such fraud, theft, or coercion.

6. COLLECTIONS

6.1 DEPOSITS – FirstOntario Credit Union may:

a) collect or present for acceptance or payment, through such banks or other agents as FirstOntario Credit Union may deem best, all negotiable Instruments delivered by the Member for deposit, discount, collection, or otherwise,

b) accept in payment of, or remittance for, such negotiable Instruments, cash or bank drafts, cheques, settlement cards, clearing house slips, or any other evidence of payment from the banks or other agents, and

c) place a hold on the proceeds of a negotiable Instrument presented by the Member until FirstOntario Credit Union accepts payment of, or remittance for, such negotiable Instrument.

Any deposit made on any day during which FirstOntario Credit Union is not open for business, or at any time during which FirstOntario Credit Union is not open for business, may be credited to the Account on the next business day of FirstOntario Credit Union.

The banks or other agents described in a) and b) above will be deemed the Member's agent and not FirstOntario Credit Union's agent. FirstOntario Credit Union will not be liable for:

d) any loss resulting from the acceptance of such evidence as a payment in lieu of cash,

e) the failure of any bank or any agent to remit the same,

f) the nonpayment of any cheque, bank draft, settlement card, clearing house slip, or any other evidence of payment accepted in payment or as a remittance from any other bank or agent, or

g) the default, neglect, or mistakes of any such banks or agents. FirstOntario Credit Union will be responsible only for the monies actually received by FirstOntario Credit Union from such banks or agents.

6.2 HOLD ON ACCOUNTS OR TRANSACTIONS – FirstOntario Credit Union may place a hold on the Account if:

a) FirstOntario Credit Union becomes aware of suspicious or possible fraudulent or unauthorized Account activity that may cause a loss to the Member, FirstOntario Credit Union, or an identifiable third party;

b) an issue arises as to who the proper signing authorities are on the Account;

or

c) a claim is made by a third party to the funds in the Account which, in FirstOntario Credit Union’s sole discretion, is potentially legitimate. The Member authorizes FirstOntario Credit Union to make such inquiries and do such things, at the Member’s expense, as FirstOntario Credit Union deems necessary to resolve any of the above noted issues, including applying, at the Member’s expense, to a court of competent jurisdiction (a “Court”) to pay funds into Court and/or seek directions from a Court. The Member agrees to indemnify FirstOntario Credit Union for any expense or cost incurred by FirstOntario Credit Union arising from the need to place a hold on the Account or Transactions, including but not limited to expenses incurred relating to an application to a Court. If the Member is requested and fails to do so, FirstOntario Credit Union may, in its sole discretion, close or place a hold on the Account, free of any responsibility or liability for unprocessed Transactions during such time. Any credit to the Account for any non-cash Instrument is provisional and subject to a hold or reversal unless FirstOntario Credit Union has received actual irrevocable payment.

6.3 RETURNED ITEMS – FirstOntario Credit Union is authorized to debit the Account with the amount of any negotiable Instrument that:

a) is not paid on presentation,

b) having been paid, FirstOntario Credit Union may be called upon to refund,

c) may be dishonoured by nonacceptance or nonpayment,

d) is drawn on the Account of a party that is bankrupt or insolvent,

e) the proceeds of which, through no fault of FirstOntario Credit Union, have been lost, stolen, or destroyed,

f) the proceeds of which, for any reason, FirstOntario Credit Union is unable to collect or withdraw,

g) has been cashed, negotiated, or credited to the Account but that has not been found good, or

h) is found to be forged, fraudulent, counterfeit, or unauthorized, regardless of whether or not the negotiable Instrument has cleared. The Member hereby agrees to indemnify and save FirstOntario Credit Union harmless for all liability, costs, damages, and expenses incurred by FirstOntario Credit Union in connection with the foregoing, and FirstOntario Credit Union may debit the Account with such costs, charges, and expenses. This indemnity will enure to the benefit of FirstOntario Credit Union and will be binding upon the Member and their heirs, executors, successors, and assigns.

6.4 OVERDRAFTS - If:

a) FirstOntario Credit Union honours a cheque or other Instrument drawn by the Member on any of the accounts and insufficient funds stand to the credit of that Account to pay the negotiable Instrument in full, or

b) a negotiable Instrument delivered by the Member to FirstOntario Credit Union for deposit, discount, collection, or otherwise is returned to FirstOntario Credit Union, dishonoured, and insufficient funds stand to the credit of the Account to permit FirstOntario Credit Union to debit the full amount of the dishonoured negotiable Instrument, or

c) FirstOntario Credit Union charges a fee, service charge, or other debit FirstOntario Credit Union is authorized to charge to one of the accounts, and if the funds standing to the credit of that Account are less than the amount charged to the Account, Then, in such an event, FirstOntario Credit Union may, at its discretion:

d) exercise its lien rights against the Membership shares and deposits of the Member, and set off any sum standing to the credit of the Member on the books of FirstOntario Credit Union towards payment of the overdraft created by the event; and

e) treat the event as constituting an application by the Member for a loan for an amount equal to any amount of any overdraft created by the event that is not discharged by the exercise by FirstOntario Credit Union of its lien and set off rights under (d) above. If FirstOntario Credit Union grants a loan under e) above, the loan will be immediately due and payable forthwith without demand and the Member will pay interest on the balance of the loan at FirstOntario Credit Union's Overdraft Rate in effect from time to time. The foregoing provisions do not give the Member any right to overdraw an Account or to authorize or permit anything, including a PAD or a Transaction authorized through a Debit Card that would result in a negative balance in any account. The Member agrees to indemnify FirstOntario Credit Union under article 8.3, Indemnity, d).

7. ACCOUNT SECURITY AND RISK

7.1 MEMBER RIGHTS FOR INNOCENT BREACH - Subject to the provisions of this agreement:

a) If the Member did not reveal the PAC, PIN, and/or PIW to any other person, other than authorized Financial Institution agents or officers when required by FirstOntario Credit Union, or write it down or otherwise record it, and changed the PAC, PIN, and/or PIW when required by this agreement, the Member will not be liable for any unauthorized use that occurs after FirstOntario Credit Union has received written notice from the Member that the PAC, PIN, and/or PIW may have become known to someone other than the Member. FirstOntario Credit Union will not be considered to have received written notice until FirstOntario Credit Union gives the Member written acknowledgement of receipt of such notice; and

b) FirstOntario Credit Union will not otherwise be liable for any damages or other liabilities that the Member may incur by reason of FirstOntario Credit Union acting, or failing to act, on Remote Instructions given in the name of the Member whether or not the Member actually gave the Remote Instructions. FirstOntario Credit Union will not be liable for any damages or other liabilities that the Member may incur by reason of FirstOntario Credit Union acting, or failing to act, on no statement requests made by the Member whether or not the Member actually gave the Remote Instructions.

7.2 PROCEDURES FOR ADDRESSING UNAUTHORIZED TRANSACTIONS AND OTHER TRANSACTION PROBLEMS – In the event of a problem with a Transaction or an unauthorized Transaction the Member will report the issue promptly to FirstOntario Credit Union. FirstOntario Credit Union will investigate and respond to the issue on a timely basis. FirstOntario Credit Union will not unreasonably restrict the Member from the use of any funds subject to dispute, as long as it is reasonably evident that the Member did not cause or contribute to the problem or unauthorized Transaction, has fully cooperated with the investigation, and has complied with this agreement. FirstOntario Credit Union will respond to reports of a problem or unauthorized Transaction within 10 business days and will, within a reasonable period of time thereafter, indicate what reimbursement, if any, will be made for any loss incurred by the Member. Reimbursement will be made for losses from a problem or unauthorized Transaction in this time frame provided that the Member has complied with this agreement and on the balance of probabilities it is shown that the Member took all reasonable and required steps to:

a) protect the confidentiality of the PAC, PIN, and/or PIW as required by this agreement, and

b) use security safeguards to protect against loss, theft, and unauthorized access as required by this agreement.

7.3 DEBIT CARD CODE OF PRACTICE –

This agreement is drafted with due regard to the Canadian Code of Practice for Consumer Debit Card Payment Services, a copy of which is available from FirstOntario Credit Union on request. If the Member is not satisfied with FirstOntario Credit Union's response, FirstOntario Credit Union will provide the Member, upon request, with a written account of its investigation and the reason for its findings. If the Member is not satisfied, the issue will be referred for mediation to either a Financial Institution system dispute resolution service, or if no such service is available, to an external mediator if agreed between the Member and FirstOntario Credit Union. Neither FirstOntario Credit Union nor the Member will have the right to start court action until 30 days have passed since the problem was first raised with FirstOntario Credit Union.

Any dispute related to goods or services supplied in a Point-of-Sale Transaction is strictly between the Member and the Merchant, and the Member will raise no defence or claim against FirstOntario Credit Union.

7.4 ACCESS TERMINAL SECURITY – If Direct Services are made available through the Internet or a telephone service provider, the Member acknowledges that although FirstOntario Credit Union uses 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 the risk of the Member. The Member acknowledges and shall ensure that any Access Terminal used to access Direct Services has a current anti-virus program, an anti-spyware program, and a firewall, and that it is their personal responsibility to reduce the risk of Contaminants or online attacks and to comply with this provision. The Member further acknowledges that to reduce the risk of unauthorized access to the Account through the Access Terminal, the Member will sign out of Direct Services and, where applicable, close the browser when they are finished using it. The Member further acknowledges that using public or shared computers and Access Terminals, or Access Terminals in a public place, to access Direct Services increases the risk of unauthorized access to the Account and will take all reasonable precautions to avoid such use and inadvertent disclosure of the PAC, PIN, and/or PIW.

7.5 PAC, PIN, AND PIW CONFIDENTIALITY – FirstOntario Credit Union can assign and/ or require the Member to select and use a PAC, PIN, and/or PIW in connection with this agreement. The Member agrees to keep the PAC, PIN, and PIW confidential and will only reveal them to authorized Financial Institution agents or officers when required by FirstOntario Credit Union. The Member agrees not to record the PAC, PIN, or PIW in any format or medium. The Member can change the PAC, PIN, or PIW at any time. The Member agrees to change the PAC, PIN, or PIW if and when required by FirstOntario Credit Union. The Member acknowledges that the PAC, PIN, and/or PIW must be changed if there is a change in the persons authorized to provide Remote Instructions on the Account. The Member is responsible for all use of the PAC, PIN, and/or PIW and for all Transactions on the Account.

The Member acknowledges that FirstOntario Credit Union may from time to time implement additional security measures, and the Member will comply with all instructions and procedures issued by FirstOntario Credit Union in respect of such security measures. The Member is aware of the risks of unsolicited email, telephone calls, and text message transmissions from persons purporting to be representatives of FirstOntario Credit Union. The Member agrees not to respond to such unsolicited communications and will only initiate communications with FirstOntario Credit Union either through FirstOntario Credit Union’s internet banking website or through FirstOntario Credit Union’s published contact information as shown on FirstOntario Credit Union’s website.

7.6 EXCLUSION OF FINANCIAL INSTITUTION RESPONSIBILITY – FirstOntario Credit Union is not responsible for any loss or damage suffered or incurred by the Member except to the extent caused by the gross negligence or intentional or wilful misconduct of FirstOntario Credit Union, and in any such case FirstOntario Credit Union 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 FirstOntario Credit Union has been advised of the possibility of such damages. In no event will FirstOntario Credit Union be liable for any cost, loss, or damage (whether direct, indirect, special, or consequential) suffered by the Member that is caused by:

a) the actions of, or any failure to act by, any Third Party (and no Third Party will be considered to be acting as an agent for FirstOntario Credit Union unless expressly authorized to do so),

b) the inaccuracies in, or inadequacies of, any information provided by the Member to FirstOntario Credit Union,

c) the failure by FirstOntario Credit Union to perform or fulfill any of its obligations to the Member, due to any cause beyond FirstOntario Credit Union’s control, or

d) forged, unauthorized, or fraudulent use of services, or forged, unauthorized, or fraudulent instructions or Instruments, or material alteration to an instruction, including Remote Instructions. Page 6 of 8 21012016 v1

7.7 RISK AND DUTIES – Except for loss caused exclusively by FirstOntario Credit Union’s gross negligence or intentional or wilful misconduct, and subject to the limitations of liability in this agreement, the Member assumes all risk of loss due to the use of the Account, including without limitation, the risk of Third Party fraud. The Member further agrees that they will notify FirstOntario Credit Union immediately:

a) of any suspected or actual misuse or unauthorized use of the PAC, PIN, and/or PIW, or

b) if the PAC, PIN, and/or PIW becomes known to anyone other than the Member.

The Member agrees to change the PAC, PIN, and/or PIW in the event of a) or b) above.

The Member acknowledges that the Member is responsible for all use made of the PAC, PIN, and/or PIW and that FirstOntario Credit Union is not liable for the Member’s failure to comply with any part of this agreement. The Member is liable for all authorized and unauthorized use, including all Transactions. The Member is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Member expressly acknowledges and agrees that they shall be bound by and liable for any use of the PAC, PIN, and/or PIW by a member of the Member’s household. FirstOntario Credit Union will not be liable to the Member for any action or failure to act of a Merchant or refusal by a Merchant to honour the Debit Card, whether or not such failure or refusal is the result of any error or malfunction of a device used to authorize the use of the Debit Card for a Point-of-Sale Transaction. Except for direct losses resulting from circumstances beyond the Member's control such as technical problems and unauthorized use of the Debit Card and PIN, FirstOntario Credit Union will not be liable for any loss, damage, or injury arising from the use of ATMs or Point-of-Sale terminals or from any mechanical or operational failure of any such devices, and the Member releases FirstOntario Credit Union from liability for any such loss, damage, or injury. In the event of alteration of the Account balance due to technical problems, card issuer errors, and system malfunctions, the Member will be liable only to the extent of any benefit they have received, and will be entitled to recover from FirstOntario Credit Union any direct losses the Member may have suffered. The Member will not use the Debit Card and PIN for any unlawful purpose, including the purchase of goods and services prohibited by local law applicable in the Member's jurisdiction. The Member is liable for all transfers to linked accounts. The Member bears all risk for all such Transactions. Where the Member knows of facts that give rise or ought to give rise to suspicion that any Transactions, or instructions in respect of the Account, or Instruments deposited to the Account are fraudulent, unauthorized, counterfeit, or otherwise likely to be returned to FirstOntario Credit Union or found invalid for any reason, the Member has a duty to make reasonable inquiries of proper parties into such Transactions, instructions, or Instruments, as the case may be, to determine whether they are valid authorized Transactions, instructions, or Instruments, as the case may be, before negotiating or, alternatively, accessing any funds derived from such Transactions, instructions, or Instruments, and to disclose to FirstOntario Credit Union, the Member’s suspicion and the facts upon which the Member’s suspicion is based (“Suspicious Circumstances”). FirstOntario Credit Union may, in its sole discretion, investigate any Suspicious Circumstances disclosed by the Member but FirstOntario Credit Union does not owe the Member any obligation to undertake its own investigation of Suspicious Circumstances. FirstOntario Credit Union may place a hold on all or some of the Accounts pending investigation of any improper use of any Account. Any hold imposed by FirstOntario Credit Union pursuant to any of the terms of this agreement, or investigation undertaken by FirstOntario Credit Union, is imposed or undertaken by FirstOntario Credit Union at FirstOntario Credit Union’s sole discretion and for FirstOntario Credit Union’s sole benefit. Release of a hold by FirstOntario Credit Union is not a confirmation that a Transaction, instruction, or Instrument is in fact good and may not be relied upon as such by the Member. If, to the satisfaction of FirstOntario Credit Union, any improper use is established, FirstOntario Credit Union can withdraw or suspend operation of the Account without notice.

7.8 FINANCIAL INSTITUTION RECORDS – FirstOntario Credit Union’s records of all Transactions will be deemed to be correct and will be conclusive and binding on the Member. All Transactions will appear on the regular statements of account for the Account.

If the Member thinks that the records of FirstOntario Credit Union contain an error or omission, or reflect unauthorized Account activity, the Member must give immediate written notice to FirstOntario Credit Union, and in any event, must do so within the time provided in this agreement. A copy of any fax or email message or other Remote Instructions or FirstOntario Credit Union’s 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 the Member. The Member will not object to the admission of FirstOntario Credit Union’s or Central 1’s records as evidence in any legal proceeding on the grounds that such records are notoriginals, are not in writing, are hearsay, or are documents containing information extracted from a computer and all such records will be conclusive evidence of the Remote Instructions in the absence of documentary recorded evidence to the contrary.

In the absence of evidence to the contrary, the records of FirstOntario Credit Union are conclusive for all purposes, including litigation, in respect of any other matter or thing relating to the state of the Accounts between the Member and FirstOntario Credit Union in respect of any Transaction.

7.9 LIABILITY FOR ERRORS AND OMISSIONS – If FirstOntario Credit Union makes an error or omission in recording or processing any Transaction, FirstOntario Credit Union is only liable for the amount of the error or omission if the Member has not caused or contributed to the error or omission in any way, has complied with this agreement, has given written notice to FirstOntario Credit Union within the time provided in this agreement, and to the extent the liability is not otherwise excluded by this agreement.

If the Member has given such notice, FirstOntario Credit Union’s maximum liability is limited to the amount of the error or omission. In no event will FirstOntario Credit Union 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.

8. THIRD PARTIES

8.1 LINKS – If Direct Services are made available through the Internet, FirstOntario Credit Union’s website may provide links to other websites, including those of Third Parties who may also provide services to the Member. The Member acknowledges that all those other websites and Third Party services are independent from FirstOntario Credit Union’s and may be subject to separate agreements as govern their use. FirstOntario Credit Union and Central 1 have no liability for those other websites or their contents or the use of Third Party services. Links are provided for convenience only and the Member assumes all risk resulting from accessing or using such other websites or Third Party services.

8.2 SERVICES – FirstOntario Credit Union and Central 1 may from time to time make services provided by Third Parties available through FirstOntario Credit Union’s website or Direct Services. The Member acknowledges and agrees that:

a) FirstOntario Credit Union and Central 1 make the services of Third Parties available through FirstOntario Credit Union’s website or Direct Services for the convenience of Members. The services are provided by the Third Party and not FirstOntario Credit Union or Central 1. The Member’s relationship with the Third Party shall be a separate relationship, independent of the relationship between the Member and FirstOntario Credit Union and Central 1 and such a relationship is outside the control of FirstOntario Credit Union and Central 1;

b) FirstOntario Credit Union and Central 1 make no representation or warranty to the Member with respect to any services provided by a Third Party even though those services may be accessed by the Member through FirstOntario Credit Union’s website or through Direct Services;

c) the Member assumes all risks associated with accessing or using the services of Third Parties;

d) FirstOntario Credit Union and Central 1 have no responsibility or liability to the Member in respect of services provided by a Third Party;

e) any dispute that relates to services provided by a Third Party is strictly between the Member and the Third Party and the Member will raise no defence or claim against FirstOntario Credit Union and/or Central 1; and

f) the Proceeds of Crime (Money Laundering) and Terrorist Financing Actand

Regulations may apply to the services provided by Third Parties and that the Third Parties will from time to time adopt policies and procedures to address the reporting, record-keeping, and client identification requirements of that legislation.

8.3 INDEMNITY – The Member agrees to indemnify and hold FirstOntario Credit Union and its service providers and Central 1 and all of their connected parties, including without limitation their respective agents, directors, officers, employees, affiliates, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs, including without limitation reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of or connected to the Member’s use of the Account. Members must assist and cooperate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand. The disclaimers, liability exclusions, liability limitations, and indemnity provisions in this agreement survive indefinitely after the termination of this agreement and apply to the extent permitted by law. Without limiting the foregoing, the Member will indemnify and save the Indemnified Parties harmless from and against all liability, costs, loss, and damages, including direct, indirect, and consequential incurred by the Indemnified Parties as a result of:

a) any of the Indemnified Parties making the Account available to the Member,

b) any of the Indemnified Parties acting upon, or refusing to act upon, Remote Instructions,

c) any of the Indemnified Parties acting upon, or refusing to act upon, no statement requests made by the Member,

d) any Transaction that would result in a negative balance in the Account, or

e) any other Transaction authorized by the Member.

This indemnity will enure to the benefit of the Indemnified Parties and will be binding upon the Member and the Member’s heirs, executors, successors, and assigns and shall survive the termination of this agreement for any act or omission prior to termination as gives rise to an indemnified claim, even if notice is received after termination.

9. ACCOUNT RECORDS

9.1 PAPER STATEMENTS – Unless the Member requests FirstOntario Credit Union to hold the Member’s statement of account for the Account for pick up by the Member, or appoints in writing an agent to pick up the statement of account for the Account, or consents to the statement of account for the Account being made available electronically, or requests no statement of account for the Account to be sent by FirstOntario Credit Union, FirstOntario Credit Union will mail such statement of account for the Account to the Member at the address the Member last gave in writing. It is the Member’s responsibility to notify FirstOntario Credit Union immediately of any change in the Member’s address.

9.2 NO PAPER STATEMENT ACKNOWLEDGEMENT – If, at the request of the Member, FirstOntario Credit Union agrees to cease printing and mailing statements of account for the Account to the Member, the Member acknowledges and agrees that the Member will be responsible to obtain (whether from FirstOntario Credit Union or using Direct Services) and review, after the end of each calendar month, a statement of account for the Account.

9.3 COMPLIANCE WITH NOTIFICATION DATE – The Member will be responsible to obtain (whether from FirstOntario Credit Union or using Direct Services) and review, after the end of each calendar month, a statement of the activity in the Account, and will, by no later than the end of the following calendar month (the “Notification Date”), notify FirstOntario Credit Union of any errors, irregularities, omissions, or unauthorized Transactions of any type in that account record or of any Instruments or other items or of any forgeries, fraudulent, or unauthorized Transactions of any type and any debits wrongly made to the Account.

Notwithstanding any other provision of this agreement, after the Notification Date (except as to any errors, irregularities, omissions, or unauthorized Transactions of any type of which the Member has notified FirstOntario Credit Union in writing on or before the Notification Date), the Member agrees that:

a) the amount of the balances shown on the last day of the calendar month is correct and binding on the Member subject to the right of FirstOntario Credit Union to make reversals in accordance with this agreement,

b) all amounts charged to the Account are valid,

c) the Member is not entitled to be credited with any amount not shown on the statement of account for the Account for that calendar month,

d) the Member has verified the validity of any Instruments and instructions, and

e) the use of any service shown is correct.

9.4 MEMBER ACKNOWLEDGEMENT – The Member acknowledges that:

a) notwithstanding a negotiable Instrument may be provisionally posted to the Account, it is not considered processed until it has been honoured and irrevocably collected by FirstOntario Credit Union and the time for return by any process of law has expired. The credit represented by a negotiable Instrument that is not honoured and collected, or is charged back or tainted by fraud, may be reversed from the Account notwithstanding any provisional posting. The statement of account for the Account will be modified accordingly, and

b) notwithstanding a deposit or other credit may be provisionally posted to the Account, it is not considered processed until it has been verified and accepted by FirstOntario Credit Union. A deposit or other credit that is not verified and accepted may be reversed from the Account notwithstanding any provisional posting. The statement of account for the Account will be modified accordingly.

9.5 PAD REIMBURSEMENT – Despite article 9.3, Compliance with Notification Date above, if the Member has authorized PADs to be issued against any of the Accounts, the Rules provide that, under specified conditions, claims for reimbursement of PADs may be made and:

a) where the purpose of the PAD was for payment of consumer goods and services, the time period for making such a claim is 90 calendar days from the date of debiting, or

b) where the purpose of the PAD was for payment of goods and services related to commercial activities of the Member, the time period for making such a claim is 10 business days from the date of debiting. Claims must be made in writing to FirstOntario Credit Union within the specified time period and in compliance with the Rules, as amended from time to time.

9.6 RECORDS AND CHEQUE IMAGING – FirstOntario Credit Union will determine, in its sole discretion, whether Instruments and other items will be returned to the Member with the statement of account for the Account.

If FirstOntario Credit Union implements an imaging program, FirstOntario Credit Union will determine, in its sole discretion, whether copies of images of Instruments and other items will be provided for the statement of account for the Account. The Member acknowledges that copies of images of Instruments and other items may be provided before FirstOntario Credit Union has determined whether the Instrument or other item will be honoured or accepted and agrees that copies of images of Instruments and other items are made available by FirstOntario Credit Union as a service to the Member and that the provision of copies of images of Instruments and other items does not mean that the Transaction has been processed or in any way oblige FirstOntario Credit Union to honour or accept the Instrument or other item. The Member acknowledges that if FirstOntario Credit Union adopts an imaging program, the physical Instruments and other items may be destroyed. If FirstOntario Credit Union has implemented an imaging program and determines not to include copies of images of Instruments and other items with the statement of account for the Account, FirstOntario Credit Union will ensure that copies of images can be made available to the Member upon request for at least 5 years following the date of the statement of account for the Account on which the Instrument or other item appears, subject to payment of the service charges established by FirstOntario Credit Union from time to time.

9.7 VIEWING DOCUMENTS – FirstOntario Credit Union may, in connection with Direct Services, permit the Member to view and print images of documents. The Member acknowledges and agrees that such images are made available by FirstOntario Credit Union as a service to the Member and the provision of such images does not in any way oblige FirstOntario Credit Union.

10. OPERATION OF THE ACCOUNT

10.1 MODIFICATION OF AGREEMENT– FirstOntario Credit Union may, in its sole discretion, amend the terms and conditions of this agreement as it relates to the Member’s future use of the Account from time to time, for any reason, without any liability to the Member or any other person. FirstOntario Credit Union may provide notice of a change to this agreement by mailing notice to the Member’s last known address, by posting notice at FirstOntario Credit Union’s premises, by personal delivery, or by any other means FirstOntario Credit Union, acting reasonably, considers appropriate to bring the modification to the attention of the Member. The Member is responsible for regularly reviewing the terms and conditions of this agreement. If the Member uses the Account after the effective date of an amendment to this agreement, it will mean that the Member agrees to the amendment and adopts and is bound by the newer version of this agreement. The Member may not change, supplement, or amend this agreement by any means.

10.2 TERMINATION – This agreement may be terminated by either FirstOntario Credit Union or the Member on not less than 1 business day’s prior written notice. The member shall not:

a) use the Account and/or Third Party services for an illegal, fraudulent, or defamatory purpose, and

b) take steps, or cause, or permit anything to be done that could undermine the security or integrity of the Account and/or Third Party services (including activities that threaten to harm or cause harm to any other participant in the provision, utilization, or support of the Account and/or Third Party services).

In the event of a breach of the provisions of a) or b), the Account or any service provided by a Third Party may be suspended or terminated.

The Member acknowledges and agrees that FirstOntario Credit Union may, in its sole discretion, at any time or for any reason, restrict, suspend, or terminate the

Member's Account privileges without advance notice to the Member. The Member acknowledges and agrees to indemnify and save harmless FirstOntario Credit

Union from and against any and all damages, costs, expenses, and liability arising or incurred by FirstOntario Credit Union as a result of any use of the Account by the Member that:

a) is inconsistent with a restriction imposed on the use of the Account by FirstOntario Credit Union and communicated to the Member, or

b) takes place following the suspension or termination of service privileges by

FirstOntario Credit Union.

The Member will immediately return all Debit Cards issued to it upon:

a) ceasing to be a member of FirstOntario Credit Union,

b) termination of this agreement,

c) termination of Debit Card privileges, or

d) otherwise upon request by FirstOntario Credit Union. The Member will be responsible for paying all legal fees and expenses (on a solicitor and own client basis) incurred by FirstOntario Credit Union in terminating the Account.

The Member's insolvency, bankruptcy, dissolution, or death will constitute an automatic revocation of the privileges associated with the Account. Any notice of termination shall not release the Member from any obligations incurred under this agreement prior to its termination.

10.3 NOTICES– Any notice required or permitted to be given to FirstOntario Credit Union in connection with this agreement must be in writing and must be addressed and delivered to FirstOntario Credit Union at the address or fax number set forth on this agreement. Any notice required or permitted to be given to the Member in connection with this agreement may be given to the Member by delivering a written notice to the Member’s last known address, at such other address, email address, or fax number given by the Member to FirstOntario Credit Union, or, except as to confidential financial information specific to the Member, by posting notice at FirstOntario Credit Union’s premises or on FirstOntario Credit Union’s website, or by any other means FirstOntario Credit Union, acting reasonably, considers appropriate to bring the notice to the attention of the Member.

10.4 ELECTRONIC EXECUTION – This agreement may be executed electronically. Use of the Account 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.

10.5 PROCEEDS OF CRIME LEGISLATION – The Member acknowledges that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations apply to the operation of the Account and that FirstOntario Credit Union will from time to time adopt policies and procedures to address the reporting, record-keeping and client identification requirements of that legislation. The Member agrees to abide by and comply with all such laws and procedures.

10.6 OTHER CLAIMS ON THE ACCOUNT – If FirstOntario Credit Union receives notice of a possible claim against, or interest in, any of the Accounts under any court order, statutory demand, or under applicable family, domestic relations, matrimonial property, or similar legislation, a marriage agreement, or a separation agreement, FirstOntario Credit Union may refuse to permit the Member to have any dealings with any of the Accounts, even if funds stand to the credit in any such Account. FirstOntario Credit Union will not be liable for any loss or damage resulting from any refusal by FirstOntario Credit Union under this article.

10.7 APPLICABLE LAW – This agreement is governed by the laws of the province of the Account, or if more than 1 Account, then the jurisdiction of incorporation of FirstOntario 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.

10.8 ENUREMENT – This agreement will take effect and continue for the benefit of and be binding upon each of FirstOntario Credit Union and the Member and their heirs, executors, successors, and assigns.

10.9 SEVERABILITY – 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:

a) such provision will be interpreted, construed, or reformed to the extent reasonably required to render the same valid, enforceable, and consistent with the original intent underlying such provision; and

b) such invalidity or unenforceability will not affect any other provision of this agreement.

10.10 NO WAIVER– No waiver by FirstOntario Credit Union of any breach of or default under this agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. FirstOntario Credit Union may, without notice, require strict adherence to the terms and conditions of this agreement, despite any prior indulgence granted to or acquiesced in by FirstOntario Credit Union. 10.11 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.

 

Statement of Commitment: Code of Conduct for the Credit and Debit Card Industry in Canada 

FirstOntario Credit Union is stating our re-commitment to the Code of Conduct for the Credit and Debit Card Industry in Canada.  The Code was designed to protect credit union members’ interests related to the issuance and acceptance of payment cards, and to the operation of payment card networks.

Code of Conduct for the Credit and Debit Card Industry in Canada