ONLINE LEGAL AGREEMENT
In exchange for La Caisse Populaire Groupe Financier, herein after referred to as "Caisse" permitting the Member to use the Online Banking Services, the Member agrees as follows:
"Account" means any account under any membership held by the Member with Caisse;
"Online Banking" means all of the services available through the use of the PIN in combination with the Personal Access code currently known as Online Banking Internet Access;
"Equipment" means the equipment, such as a personal computer which when, used in combination with the PIN, permit access to the Online Banking Services;
"PIN" means the personal identification number selected by the Member for the Member's use, which, when used with Equipment, permits access to the Online Banking Services;
"Signing Authority" means any person authorized to sign on an Account; and;
"Transaction" means any transaction performed using any of the Online Banking Services.
2. USE OF ONLINE BANKING SERVICES
The Member may use the Online Banking Services to access any permitted Account and to conduct Transactions as may be permitted with respect to any such Account. When using the Online Banking Services, the member will not be permitted to pay bills from, or transfer funds out of any Account on which more than one signature is required to authorize a transaction, unless prior authorization is received in writing from all required signers. The Member agrees to follow the instructions of Caisse in effect from time to time with respect to the use of the Online Banking Services.
When a PIN is used to conduct any Transaction, the authorization given at the time of the Transaction will be treated as if it was given by the Member in person, and the Member agrees to be bound by each such Transaction. The Member irrevocably authorizes and directs Caisse to debit or credit, as the case may be, the amount of any Transaction to the Account or Accounts designated by the Member at the time of the Transaction, in accordance with Caisse's normal practices. Caisse's practices respecting the debiting or crediting of any Transaction under any of the Online Banking Services may be revised from time to time with or without notice to the Member.
The Member agrees not to conduct or try to conduct any Transaction that would result in a negative balance in any Account or would exceed the unused balance of any authorized overdraft or line of credit, if available. The Member will indemnify Caisse for all liability or loss arising out of any Transaction regardless whether Members or any third party conducted or tried to conduct the Transaction. Members shall pay Caisse forthwith after demand therefore any overdraft, indebtedness or liability in favour of Caisse in connection with or arising out of any Transaction with interest on any overdraft to be payable in accordance with the rate of interest charged by Caisse on it's overdrafted accounts as it may set from time to time.
3. LIMITATION OF LIABILITY
The Member agrees that the Online Banking Services will be available only on an "as is" and "as available" basis. Caisse offers Online Banking Services to improve member access to the Caisse's services. However, the delivery of the Online Banking Services depends in part on communication channels and other facilities and services provided by third parties.
CAISSE, SHALL NOT BE LIABLE TO THE MEMBER OR ANY RELATED OR THIRD PARTY BY REASON OF LOSS, LIABILITY OR CLAIM (OTHER THAN ANY LOSS, LIABILITY OR CLAIM CAUSED BY CAISSE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) ARISING OUT OF (a) theft, loss or unauthorized use of the PIN; (b) any act or omission of any service organization or agent; (c) any system failure, malfunction, delay or failure to provide the Online Banking Service; (d) errors resulting from incorrect data received by Caisse. IN NO EVENT SHALL CAISSE BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING OUT OF THE USE OF ONLINE BANKING SERVICES.
Member agrees to indemnify and save harmless Caisse from all costs, expenses, damages, claims and actions directly or indirectly incurred or suffered by Caisse, Member or any related party or third party as a result of the use by Member of the Online Banking Service, including non-payment by Caisse of any item in accordance with instructions provided by member or other Signing Authority except for damages suffered by reason of Caisse's gross negligence or willful misconduct. The above provisions shall remain in full force and effect notwithstanding the termination of the Online Banking Service or the termination of this Agreement.
4. CONFIDENTIALITY OF PIN
The PIN is for the Member's use alone and may not be assigned or transferred. The Member agrees to keep the PIN confidential and not to disclose it to any person other than to a Signing Authority on the Account and shall notify such other person who is a Signing Authority to keep the PIN confidential. The Member agrees not to record the PIN in any manner or on any media, whether in writing or otherwise, including without limitation in electronic form, or by voicemail or e-mail. For security reasons, Caisse recommends that each Member change the Member's PIN on a regular basis, such as every 90 to 120 days. If the PIN becomes known to other than a Signing Authority on the Account, confidential information about the Member's Account may be accessed.
5. TRANSACTION VERIFICATION AND RECORDS
All Transactions are subject to verification and acceptance by Caisse, and if not accepted will be reversed from the Account. Verification may take place on a date later than the date the Member authorized the Transaction, which may affect the Transaction date.
Caisse's records of each Transaction, and Caisse's accounting records, will be deemed to be correct, and will be conclusive and binding upon the Member. Any record of Transaction generated by the Online Banking Service will be for the Member's convenience only. If the Member believes that Caisse's records contain an error or omission, the Member must give written notice of the suspected error or omission to Caisse within the time provided in the Member Application and Member Account Agreement and any agreement which now exists or may in the future exist between Caisse and the Member with respect to the operation of the Member's relevant Account or Accounts.
6. SERVICE FEES
Caisse may establish service fees for use of the Online Banking Services and/or for conducting Transactions and may change these service fees from time to time. The Member authorizes Caisse to deduct any applicable service fees from any Account.
7. TRANSACTION PROCESSING
When the PIN is used by the Member to conduct a Transaction by accessing the Online Banking Services the Member may not revoke or stop any such Transaction once the Transaction request has been processed.
8. MEMBER'S LIABILITY
The Member agrees to notify Caisse immediately, in writing, if their PIN becomes known to anyone other than the Member or any other Signing Authority on the relevant Account or Accounts.
The Member is liable for all unauthorized use of the PIN until such notification is made and acknowledged, by Caisse in writing. Until Caisse's written acknowledgement is received by the Member, notification is not deemed to be received by Caisse.
Caisse may at any time without notice withdraw permission to use any of the Online Banking Services, or cancel or alter any of the Online Banking Services without being liable for any loss, whatsoever arising from or resulting from such action. The termination of the Online Banking Services for any reason will not relieve the Member of any obligations under this Agreement with respect to the Online Banking Services.
10. CHANGES TO AGREEMENT
Caisse can add to or change the terms and conditions of this Agreement from time to time, but Caisse will give at least 30 days notice of any such additional or amended terms and conditions. The 30-day notice will commence from the date a notice is mailed or is first displayed at the branch or on sign-on screen. If the Member continues to use any of the Online Banking Services after the effective date of any additional or amended terms or conditions to this Agreement, then the Member will be deemed to have accepted such additional or amended terms or conditions.
11. OTHER AGREEMENTS
The terms and conditions of the Application for Membership with Caisse and any other conditions or agreements which now or may in the future exist between the Member and Caisse regarding any Accounts shall remain in full force and effect and shall apply to each Transaction, except as expressly modified by the terms of this Agreement. If there is a conflict between any provision of any of these other agreements and this Agreement, this Agreement will prevail.
This Agreement may be executed electronically, and use of the Online Banking Services shall be deemed to be acceptance of the terms and conditions hereof as of the date of first use.
If the Member is the joint holder of an Account, then each joint holder of that Account will be jointly and severally liable for all Transactions conducted using the Online Banking Services with respect to that Account.