Online Policies

 
 
 


Accessibility


Accessibility Statement

We are committed to ensuring our online services are accessible to all users. The information below suggests how to obtain the best user experience on our website and explains what we have done to make the website accessible.


Adjust Your Computer's Settings for a Better Experience

You can improve your online experience by customizing your computer's settings to meet your individual needs. For example, you can increase the size of all fonts or change the colour scheme.


Keep Your Browser Updated

We recommend you keep your browsers up-to-date. Newer browsers tend to provide more display options to make content accessible, and may work better with assistive technologies. For more information on which browsers we support, visit the Browser Requirements page.


How We Have Made Our Website Accessible

We have created our website in accordance with the World Wide Web Consortium's (W3C) Web Content Accessibility Guidelines (WCAG) 2.0. These guidelines assist website developers by describing best practices for creating websites that are accessible to all users.


Some of the ways we achieve online accessibility include:

  • Building webpages in a way that allows you to disable the CSS (Cascading Style Sheets) on your browsers or modify the text size using browser controls if the colours or fonts make content difficult to read.
  • Providing a 'skip to content' link at the top of all pages, allowing you to quickly access the body content on each page while avoiding headers and navigation.
  • Creating webpages that allow visually impaired users to navigate the site effectively with a screen reading aid. For example, images have text-based descriptions, title attributes tell users where a link will take them if they click on it, and structured headings provide an overview of the site that lets users jump quickly to desired sections.
Contact Us If You Have Trouble Using Our Website

If you experience difficulties in accessing any content or functionality on our website, please contact us. We are always open to making improvements to provide the best possible online experience for our users.




Accessibility for Ontarians with Disabilities Act (AODA)


The Accessibility for Ontarians with Disabilities Act, 2005 (AODA), sets a goal of an accessible Ontario by 2025. Ontario has introduced new Accessibility Standards for Customer Service (The Standard), the first accessibility standard created under the authority of the AODA. Saven Financial is committed to providing services in a manner that respects the dignity and independence of persons with disabilities.


As a provider of financial services, Saven Financial is committed to providing accessible Member service to persons with disabilities in every aspect of our business. We strive to provide the same opportunity to access our goods and services and allow the same benefit from the same services, in the same place and in a similar way as other Members.


It is the policy of Saven Financial that all self-serve options, including but not limited to our website and telephone support, provide quality financial services and information to all Members, and in a manner that respects the dignity and independence of persons with disabilities.


Purpose

The purpose of this policy is to meet the requirements of Accessibility Standards for Customer Service outlined in Ontario Regulation 429/07 under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) by establishing Member service standards of access for persons with disabilities.


This policy will be made available upon request to any person, whether or not they are a Member of Saven Financial, and will be provided in various formats.


Saven Financial endeavours to make every reasonable effort to ensure experiences with Saven Financial are respectful and positive.



Definitions

Assistive Device, is a technical aid, communication device, or a medical aid modified or customized, that is used to increase, maintain, or improve the functional abilities of persons with disabilities.


Barrier, as defined by the AODA, means anything that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice, which creates a systemic barrier.


Disability, as defined by the AODA and the Ontario Human Rights Code, as amended from time to time, is:

  • Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device
  • A condition of mental impairment or a developmental disability
  • A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language
  • A mental disorder, or
  • An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

Service Animal, as outlined in Ontario Regulation 429/07, means an animal is a service animal for a person with a disability, if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability.


Support Person, as outlined in Ontario Regulation 429/07, means, in relation to a person with a disability, another person who accompanies him or her in order to help with communication, mobility, personal care or medical needs or with access to goods or services.


Communication

Saven Financial employees have been trained to communicate in a manner that takes into account a person's disability.


Telephone Services

Saven Financial is committed to providing accessible telephone support to all Members. Employees have been trained to communicate with Members over the telephone in clear and plain language. Employees have also been made familiar with telephone technologies intended for use by persons with disabilities.


Assistive Devices

Our Employees have been trained and are familiar with various assistive devices that persons with disabilities may use while accessing our services.


Online Material

Saven Financial will provide accessible information and materials to all our Members. Website content will be provided in an alternate format upon request.


Notice of Temporary Disruption

Saven Financial will make every reasonable effort to provide Members with notice in the event of a planned or expected disruption in the services usually used by persons with disabilities. This notice will include information about the reason for the disruption, the anticipated duration, and a description of alternative facilities or services, if available.


Saven Financial will not be able to give advance notice in case of an emergency or unanticipated disruption. Notices will be posted on the website, if possible.


Training for Employees

Saven Financial has provided training in relation to this policy to Employees and other persons to whom this policy applies.


Training includes:

  • The importance of service excellence for all Members, and the need for the provision of service in a manner that respects the dignity and independence of persons with disabilities
  • The purpose of the Accessibility for Ontarians with Disabilities Act, 2005
  • The requirements of the Accessibility Standards for Customer Service (Ontario Regulation 429/07)
  • How to interact and communicate with persons with various types of disabilities
  • How to interact with persons with disabilities who use an assistive device or require the assistance of a service animal or support person
  • How to use any equipment or devices available at the workplace to assist with providing service to persons with disabilities
  • What to do if a person with a disability is experiencing difficulty accessing the services provided by Saven Financial

Employees will be trained on an ongoing basis when changes are made to this policy and/or practices and/or procedures related to the provision of service to persons with disabilities.


Feedback Process

It is the goal of Saven Financial to meet and surpass Member expectations while serving persons with disabilities. Comments on our services regarding how well those expectations are being met are welcome and appreciated.


If Members are having difficulty accessing Saven Financial services, or wish to share their feedback, the following methods may be used:


Complete the Contact Form on our Contact Us page.


Send mail to: Access Feedback, Human Resources Coordinator

970 South Service Road, Suite 301

Stoney Creek, ON L8E 6A2

Telephone: 1-877-98SAVEN (987-2836)


Where feedback indicates our service does not meet the requirements of this policy, complaints will be addressed as soon as reasonably possible and will be acknowledged no later than five (5) business days from the date of receipt. Members can expect to hear back within five (5) business days.


Feedback may be shared anonymously however we will not be able to respond or acknowledge anonymous comments.


Modifications to Policy

No change to this policy will be made before considering the impact on persons with disabilities.


Questions about this Policy

Anyone with questions about this policy is welcome to contact Saven Service Centre by:


Telephone: 1-877-98SAVEN (987-2836)

Postal mail to: Human Resources Coordinator, 970 South Service Road, Suite 301, Stoney Creek, ON L8E 6A2


Reference Materials

Accessibility for Ontarians with Disabilities Act, 2005 available online at:

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_05a11_e.htm

Ministry of Community and Social Services Accessible Customer Service for organizations with 20 or more employees, available online at:

http://www.mcss.gov.on.ca/en/mcss/programs/accessibility/customerService/Over20.aspx

Policy Administration

Employee requests for advice and assistance in administering or interpreting this policy should be directed to the Associate Vice President, Human Resources or designate. Saven Financial reserves the right to rescind and/or amend this, and all Credit Union policies, at its discretion at any time.

 
 
 


Direct Services Agreement



This agreement (the "Agreement") outlines the terms and conditions governing the Depositor's use of Direct Services (defined below). Saven Financial, a division of FirstOntario Credit Union (the Financial Institution) does not offer Direct Services other than in accordance with these terms and conditions. By requesting and using Direct Services, the Depositor acknowledges their acceptance of these terms and conditions.


In consideration of the Financial Institution providing access to any of the Depositor's Accounts using Direct Services, the Depositor agrees as follows:


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 Depositor's Accounts, including without limitation a computer, a portable hand-held device, or a telephone including any form of mobile device.


"Account" means any of the Depositor's accounts or subaccounts (if applicable) that the Depositor may have now or in the future, at the Financial Institution.


"Account Agreement" means the agreements for the operation of the Account.


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


"Depositor" means the customer or member of the Financial Institution who holds the Account with the Financial Institution authorized by the Financial Institution for Direct Services.


"Direct Services" means the services offered by the Financial Institution that let the Depositor access the Account using an Access Terminal.


"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 the Depositor as payee, and be either a cheque or credit union official cheque, denominated in Canadian Dollar and drawn on a financial institution domiciled in Canada. For the purposes of this Agreement, third party Instruments that were either delivered to the Depositor with the payee in blank or endorsed over to the Depositor and post-dated Instruments shall not qualify as Eligible Bills. Further, any Instrument that has been in any way transferred to the Depositor from anyone other than the drawer, endorsed over to the Depositor, or altered after being drawn shall not qualify as an Eligible Bill.


"EMT Answer" means the word or phrase created by the sender of a money transfer and used by the recipient to claim or decline the money transfer using EMT Services.


"EMT Contact Information" means the electronic contact information, including without limitation an email address or telephone number, used in sending and receiving of a money transfer using EMT Services.


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


"EMT Services" means the money transfer service provided by Acxsys Corporation that facilitates the sending and receiving of money transfers (using including without limitation email or telephone) through Direct Services to and from Participating Financial Institutions, and/or the Acxsys Corporation payment service.


"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 the Canadian Payments Association, being an account in the Depositor's name or on which the Depositor has the authority to independently authorize Transactions.


"Financial Institution" means the financial institution 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.


"Notice Contact Information" means the contact information, including, without limitation, postal address, email address, fax number, or telephone number, provided by the Depositor to, and accepted by, the Financial Institution, through which the Financial Institution gives written notice to the Depositor in accordance with this Agreement.


"Notification" means a written notification generated by or on behalf of the Financial Institution that provides, to the Depositor, notice of a pending or completed Transaction or a summary of the balance of the Account, including notifications issued by email or SMS text messages to any of the Depositor's Notice Contact Information.


"Official Image" means an electronic image of an Eligible Bill, either created in accordance with the provisions of this Agreement or that otherwise complies with the requirements to permit negotiation and clearing of that Eligible Bill in accordance with the by-laws, standards, or Rules of the Canadian Payments Association.


"Password" means the 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 and/or Online Payment Services, as the case may be.


"PIN" means the personal identification number used in connection with Remote Instructions.


"Preauthorized Debit" means a Transaction debiting the Account that is processed electronically by a financial institution in accordance with the Depositor's instructions.


"Remote Deposit Service" means the remote deposit capture service provided by the Financial Institution and its Third Party service providers, and accessed through Direct Services, that allows the Depositor, using an Access Terminal and/or any other means authorized by the Financial Institution in its 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, portable hand-held device, telephone, mobile device, via the Financial Institution's online banking system, email, text message transmission, or other remote communication acceptable to the Financial Institution in order to operate the Account or authorize Transactions and make arrangements with the Financial Institution.


"Rules" means the published rules and standards of Payments Canada amended from time to time.


"Third Party" means any person, firm, corporation, association, organization, or entity other than the Financial Institution.


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


Personal Information

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


Use Of Services

The Depositor may use Direct Services to access any permitted Account and to authorize such Transactions as may be permitted by the Financial Institution from time to time, commencing upon the day these terms and conditions are accepted by the Depositor and the Depositor's request for Direct Services is approved by the Financial Institution. The Depositor cannot use Direct Services to authorize Transactions on an Account that otherwise requires more than 1 authorization (i.e. with multiple signature requirements) unless prior authorization is received in writing and with the Financial Institution's approval. The Financial Institution may, from time to time, add to or delete from the types of use permitted and Direct Services offered.


In connection with Direct Services, the Depositor agrees to provide true, accurate, current, and complete information about the Depositor, the Account, and any External Account when required by the Financial Institution. Further, the Depositor agrees to notify the Financial Institution of any changes to such information within a reasonable period of time.


Service Charges and Fees

The Depositor will pay fees incurred on the Account, including, without limitation, fees imposed by a Third Party. The Depositor will pay the service charges that the Financial Institution establishes, from time to time, for Direct Services, including, without limitation, service charges for providing records regarding the Depositor that the Financial Institution is legally required to provide. The Depositor acknowledges being advised that a schedule of the Financial Institution's charges for Direct Services are posted on their website and are in effect at the time of acceptance of this Agreement. The Financial Institution may, from time to time, increase or decrease the service charges for Direct Services and provide notice of such changes by sending a notice to the Depositor's last known Notice Contact Information, by posting notice at the Financial Institution's premises or on the Financial Institution's website, by personal delivery, or by any other means the Financial Institution, acting reasonably, considers appropriate to bring the change to the attention of the Depositor. Current service charges for Direct Services may be obtained by contacting the Financial Institution or through the Financial Institution's website. The Depositor is responsible for determining the then current service charges for Direct Services they request, in advance of requesting those services. By requesting Direct Services the Depositor acknowledges their agreement to pay service charges for the Direct Services requested by them then in effect. The Financial Institution can deduct service charges from the Account (or other accounts of the Depositor with the Financial Institution) when the service is requested or performed. New or amended service charges and fees will become effective on the earlier of the stated effective date following publication, when the service is requested or performed, or when incurred, and in any event, no later than 30 days after publication by the Financial Institution.


Availability of Direct Services

The Depositor acknowledges that the availability of Direct Services depends on telecommunications systems, computer hardware and software, and other equipment, including equipment belonging to the Financial Institution, and Third Parties and that there is no guarantee or obligation to provide continuous or uninterrupted service. The Financial Institution is 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 Depositor may suffer in any way arising from non-continuous or interrupted service or the Financial Institution or its Third Parties providing or failing to provide Direct 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 its Third Parties 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 Depositor has advised the Financial Institution of such consequences. The Depositor releases and agrees to hold harmless the Financial Institution and its Third Parties from any and all Interruption Claims.


Authorization for Transactions

The Depositor acknowledges and agrees that:

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

The Depositor irrevocably authorizes and directs the Financial Institution to debit or credit, as the case may be, the amount of any Transaction to the Account, together with any service charges or fees, authorized using the Password, the PIN, in person by the Depositor, 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.


Password and PIN Confidentiality

The Financial Institution can assign and/or require the Depositor to select and use a Password and/or PIN in connection with this Agreement. The Depositor agrees to keep the Password and PIN confidential and will only reveal them to authorized Financial Institution agents or officers when required by the Financial Institution. The Depositor agrees not to record the Password or PIN in any format or medium. The Depositor can change the Password or PIN at any time. The Depositor agrees to change the Password or PIN if and when required by the Financial Institution. The Depositor acknowledges that the Password and/or PIN must be changed if there is a change in the persons authorized to provide Remote Instructions on the Account.


The Depositor is responsible for all use of the Password and/or PIN and for all Transactions on the Account authorized using Direct Services.


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


If the Depositor discloses the Password to a Third Party, and if the Financial Institution becomes aware of such disclosure, the Financial Institution may, in its sole discretion, waive the confidentiality requirements described in this article, Password and PIN Confidentiality, Notwithstanding any such waiver, the Depositor acknowledges and agrees that the Depositor remains responsible for all use of the Password by the Third Party.


Remote Instructions

The Depositor may provide Remote Instructions to the Financial Institution as permitted by the Financial Institution, online through the Direct Services web portal, or through the Financial Institution's telephone banking service, if any. The Remote Instructions may concern the Account maintained at the Financial Institution, or concern other Transactions and arrangements conducted at or with the Financial Institution.


The Financial Institution may, but will not be obliged to, act on Remote Instructions received in the name of the Depositor along with any requisite Password and/or PIN, if any, to the same extent as if the Remote Instructions were written instructions delivered to the Financial Institution by mail and signed by the Depositor 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 the Financial Institution only when actually received and brought to the attention of an authorized officer 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 the Financial Institution, or at such other telephone or fax number or email address as the Financial Institution may advise the Depositor by notice in writing, or online through the Direct Services web portal. Any of the persons that constitute the Depositor may act alone and provide Remote Instructions to the Financial Institution, even if 2 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 the Depositor is in fact the Depositor, and can rely upon such, and the Financial Institution may act on the Remote Instructions provided by any such person. All Remote Instructions given to the Financial Institution in the name of the Depositor will bind the Depositor.


Verification and Acceptance of Transactions by the Financial Institution

All Transactions are subject to verification and acceptance by the Financial Institution 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 the Depositor 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, the Financial Institution may place a hold on the credit and/or reverse the credit and any applicable interest.


Financial Institution Records

The Financial Institution's records of all Transactions will be deemed to be correct and will be conclusive and binding on the Depositor. All Transactions will appear on the regular statements of account for the Account.


If the Depositor believes or suspects that the records of the Financial Institution contain an error or omission, or reflect unauthorized Account activity, the Depositor must give immediate written notice to the Financial Institution, and in any event, must do so within the time provided in the Account Agreement.


A copy of any 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 the Depositor. The Depositor will not object to the admission of the Financial Institution's or its Third Parties' 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.


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


Liability for Errors and Omissions

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 the Depositor has not caused or contributed to the error or omission in any way, has complied with this Agreement and the Account Agreement, and has given written notice to the Financial Institution 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 the Depositor has given such notice, the Financial Institution's maximum liability is limited to the amount of the error or omission. In no event will the Financial Institution 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.


Exclusion of Financial Institution Responsibility

The Financial Institution is not responsible for any loss or damage suffered or incurred by the Depositor except to the extent caused by the gross negligence or intentional or willful misconduct of the Financial Institution, and in any such case the Financial Institution 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 the Financial Institution has been advised of the possibility of such damages. In no event will the Financial Institution be liable for any cost, loss, or damage (whether direct, indirect, special, or consequential) suffered by the Depositor that is caused by:

  1. the actions of, or any failure to act by, the Depositor, or any Third Party (and no Third Party will be considered to be acting as an agent for the Financial Institution unless expressly authorized to do so for that purpose);
  2. the inaccuracies in, or inadequacies of, any information furnished by the Depositor to the Financial Institution, including, but not limited to any failed, duplicative, or erroneous transmission of Remote Instructions;
  3. the failure by the Financial Institution to perform or fulfill any of its obligations to the Depositor, due to any cause beyond the Financial Institution's 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.
Risks and Duties

Except for loss caused exclusively by the Financial Institution's gross negligence or intentional or willful misconduct, and subject to the limitations of liability in this Agreement or the Account Agreement, the Depositor assumes all risk of loss due to the use of Direct Services, including, without limitation, the risk of Third Party fraud. The Depositor further agrees that they will notify the Financial Institution immediately:

  1. of any suspected or actual misuse or unauthorized use of the Password and/or PIN;
  2. or if the Password and/or PIN becomes known to anyone other than the Depositor;
  3. and if the Depositor receives Notification of any Transaction affecting the Account that alerts the Depositor of Account activity that was not authorized by them.

The Depositor will change the Password and/or PIN if either of the notification requirements above in a) or b) arises.


The Depositor acknowledges that the Depositor is responsible for all use made of the Password and/or PIN and that the Financial Institution is not liable for the Depositor's failure to comply with any part of this Agreement. The Depositor is liable for all authorized and unauthorized use, including all Transactions. The Depositor is also liable for all fraudulent or worthless deposits made into the Account. Without limiting the generality of the foregoing, the Depositor expressly acknowledges and agrees that they shall be bound by and liable for any use of the Password or PIN by a member of the Depositor's household.


The Depositor is liable for all transfers to linked accounts. The Depositor bears all risk for all such Transactions.


Where the Depositor 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 induced through or in any way tainted by fraud or unlawful conduct, or otherwise likely to be returned to the Financial Institution or found invalid for any reason, the Depositor 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 the Financial Institution, the Depositor's suspicion and the facts upon which the Depositor's suspicion is based ("Suspicious Circumstances").


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


Release of a hold by the Financial Institution is not a confirmation that a Transaction, instruction, or Instrument is in fact good and may not be relied upon as such by the Depositor. If, to the satisfaction of the Financial Institution, any improper use is established, the Financial Institution can withdraw or suspend Direct Services and/or operation of the Account without notice.


Rights for Innocent Breach

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

  1. if the Depositor did not reveal the Password and/or PIN 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 Password and/or PIN 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 Password and/or PIN 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.
Procedures for Addressing Unauthorized Transactions and Other Transaction Problems

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 Password and PIN 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.
Access Terminal Security

If Direct Services are made available through the Internet or a telephone service provider, the Depositor acknowledges 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 the risk of the Depositor. The Depositor acknowledges and shall ensure that any private Access Terminal used to access Direct Services is auto-locked by a password to prevent unauthorized use of the Access Terminal, has a current anti-Contaminant program, and a firewall, and that it is his or her personal responsibility to reduce the risk of Contaminants or online attacks and to comply with this provision. The Depositor further acknowledges that to reduce the risk of unauthorized access to the Account through the Access Terminal, the Depositor will sign out of Direct Services and, where applicable, close the browser when finished using it. The Depositor further acknowledges that using public or shared computers and Access Terminals, or using Access Terminals in a public place, or through an open WiFi or shared Bluetooth portal, to access Direct Services increases the risk of unauthorized access to the Account, and will take all reasonable precautions to avoid such use or inadvertent disclosure of the Password and/or PIN.


Fraud Prevention and Detection

The Depositor agrees 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.


The Depositor further agrees to diligently supervise and monitor the conduct and work of all agents having any role in the preparation of the Depositor's Instruments, the Depositor's reconciliation of the statement of account for the Account, or other banking functions.


Links

If Direct 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 the Depositor. The Depositor acknowledges 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 the Depositor assumes all risk resulting from accessing or using such other websites or Third Party services.


Third Party Services

The Financial Institution may, from time to time, make services provided by Third Parties available through Direct Services or the Financial Institution's website. The Depositor acknowledges and agrees that:

  • the Financial Institution make the services of Third Parties available through Direct Services or the Financial Institution's website for the convenience of Depositors. The services are provided by the Third Party and not the Financial Institution. The Depositor's
  • relationship with the Third Party shall be a separate relationship, independent of the relationship between the Depositor and the Financial Institution, and such a relationship is outside the control of the Financial Institution;
  • the Financial Institution make no representation or warranty to the Depositor with respect to any services provided by a Third Party even though those services may be accessed by the Depositor through Direct Services or the Financial Institution's website;
  • the Depositor assumes all risks associated with accessing or using the services of Third Parties;
  • the Financial Institution have no responsibility or liability to the Depositor in respect of services provided by a Third Party;
  • any dispute that relates to services provided by a Third Party is strictly between the Depositor and the Third Party, and the Depositor will raise no defence or claim against the Financial Institution; and
  • 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.
Indemnity

The Depositor agrees to indemnify and hold the Financial Institution and its service providers 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 Depositor's use of Direct 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, the Depositor 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 the Depositor;
  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 the Depositor through Direct Services;
  4. any Transaction that results in a negative balance in the Account; or
  5. the consequences of any Transaction authorized by the Depositor.

This indemnity will enure to the benefit of the Indemnified Parties and will be binding upon the Depositor and the Depositor'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.


Direct Services Acknowledgement

  1. when transfers are authorized through Direct Services, funds are deemed irrevocably transferred out of the Account and the Transaction cannot be revoked or countermanded by the Depositor;
  2. anyone with access to the Password and/or PIN may be able to access Direct Services and may use the Password and/or PIN to transfer money out of an Account and authorize any other Transaction;
  3. the Financial Institution will not be liable in any way to the Depositor or any other person for processing or accepting on the Account any Transaction that results in the transfer of money out of the Account even if the money is used for the benefit of a person other than the Depositor;
  4. the Depositor will be liable for all Transactions conducted using Direct Services, including Transactions that benefit a person other than the Depositor;
  5. a copy of an electronic communication is admissible in legal proceedings and constitutes the same authority as would an original document in writing.
No Statement Request and Ongoing Verification Obligations

The Depositor will not be mailed printed statements of account .The Depositor acknowledges and agrees that:

  1. the Depositor will be responsible to obtain (whether from the Financial Institution 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 the Financial Institution 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 the Depositor has notified the Financial Institution in writing on or before the Notification Date), the Depositor agrees that:
    1. the amount of the balances shown on the last day of the calendar month is correct and binding on the Depositor subject to the right of the Financial Institution to make reversals in accordance with this Agreement and the Account Agreement;
    2. all amounts charged to the Account are valid;
    3. he Depositor is not entitled to be credited with any amount not shown on the statement of account for the Account for that calendar month;
    4. the Depositor has verified the validity of any Instruments and instructions; and
    5. the use of any service shown is correct.
    6. The Depositor acknowledges that:
    7. 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 the Financial Institution 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
    8. 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 the Financial Institution. 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 the Depositor has authorized PADs to be issued against any of the Accounts, the Depositor acknowledges that the Rules provide that, under specified conditions, claims for reimbursement of PADs may be made.

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


Direct Services and Third Parties

In respect of all Direct Services and any Third Party services made available by the Financial Institution, the Depositor 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 Direct Services or Third Party services).

In the event of a breach of the provisions of a) or b), the Depositor's participation in Direct Services or any service provided by the Financial Institution or a Third Party may be suspended or terminated.


Transfers with External Accounts

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

  1. the Financial Institution reserves the right to refuse to accept the External Account;
  2. the Depositor agrees to provide the Financial Institution with the financial institution number, branch address or number, and the account number of the External Account the Depositor wishes to link to the Account. The Financial Institution reserves the right to verify the External Account;
  3. the Depositor and the External Account holder must provide authorization to establish the link between the Account and the External Account;
  4. the Depositor agrees to not link the Account to an account that is not owned by the Depositor;
  5. the Depositor acknowledges and agrees that the Financial Institution, at its 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;
  6. the Depositor may only link an Account denominated in Canadian dollars to an External Account denominated in Canadian dollars and only if the External Account is with a financial institution domiciled in Canada;
  7. the Financial Institution reserves the right to limit the number of External Accounts that can be linked to the Account;
  8. the Financial Institution reserves the right to limit the dollar amount of Transactions to or from the External Account;
  9. the Financial Institution reserves the right to limit the number of Transactions to or from the External Account;
  10. the Financial Institution reserves the right to hold funds on the Transaction amount;
  11. the Depositor consents to the disclosure to the financial institution that holds the External Account of any personal information provided to the Financial Institution with respect to Transactions to or from the External Account. The Depositor also consents to the disclosure to the Financial Institution 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;
  12. funds usually arrive in the Depositor's External Account or Account within 3 to 7 business days from the day the Transaction is authorized. The Financial Institution cannot guarantee the date of deposit to the Account or External Account. 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 the processing of Transactions;
  13. all deposits or withdrawals will be reversed if the Transaction cannot be delivered or if it is returned for any reason; and
  14. the Depositor agrees that for security or risk management purposes and at the Financial Institution's discretion, a nominal sum may be credited to the External Account once per year.
Transfers with Linked Accounts

If the Financial Institution through Direct Services enables the Depositor to link multiple Accounts to a single user name to allow the Depositor 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. the Financial Institution reserves the right to refuse to accept any Account;
  2. the Depositor agrees that the Financial Institution, 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;
  3. the Financial Institution reserves the right to limit the number of Accounts that can be linked;
  4. the Financial Institution reserves the right to limit the dollar amount of Transactions made to or from a linked Account;
  5. the Financial Institution reserves the right to limit the number of Transactions made to or from a linked Account;
  6. 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 the Financial Institution, during which time the Transaction or portion thereof will not be accessible to the Depositor;
  7. the Depositor agrees that the Financial Institution cannot guarantee the date of a Transaction to and/or from a linked Account. The Financial Institution and its Third Parties 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
  8. all Transactions will be reversed if the Transaction cannot be delivered or if it is returned for any reason.
EMT Services

If the Financial Institution through Direct Services makes EMT Services (Interac e-Transfer) available and the Depositor uses the EMT Services, the Depositor acknowledges and agrees that:

  1. the EMT Services are only available in Canadian dollars;
  2. the Account will be debited as soon as the Depositor initiates a Transaction, and the Financial Institution may hold the Transaction amount until the recipient successfully claims the Transaction or the Transaction is cancelled. The Financial Institution has no obligation to and will not pay interest on the Transaction amount. To the extent permitted at law, the Financial Institution is 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 EMT Services are subject to number and dollar limits that may change from time to time without prior notice to the Depositor;
  4. 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, Acxsys Corporation, or a Participating Financial Institution;
  5. an EMT Notice advising the recipient of the Transaction will be generated approximately 30 minutes after the Depositor originates the Transaction;
  6. as the sender, the Depositor will keep the EMT Answer confidential and will not disclose it or share it with anyone but the intended recipient;
  7. the recipient must correctly provide the EMT Answer to claim or decline the Transaction;
  8. the Financial Institution, the other Participating Financial Institution, and Acxsys Corporation or Acxsys Corporation's agents are entitled to pay the Transaction amount to anyone who, using the EMT Services, claims to be the recipient and successfully provides the EMT Answer;
  9. the Financial Institution will not be liable for losses or damages incurred as a result of a person other than the intended recipient guessing or obtaining the EMT Answer;
  10. as the sender, the Depositor will not include the EMT Answer in the Transaction details;
  11. as the recipient, the Depositor will not disclose the EMT Answer except as required to claim or decline the transfer;
  12. the recipient may claim a Transaction using the online banking services of the Financial Institution or another Participating Financial Institution or through the Acxsys Corporation payment service;
  13. if the recipient declines a Transaction that the Depositor initiated, the Transaction will be returned to the Depositor;
  14. funds usually arrive in the recipient's account within 3 to 5 business days from the day the recipient successfully claims the Transaction. The Financial Institution cannot guarantee the date of deposit;
  15. as the sender, the Transaction will be returned to the Depositor 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 EMT Contact Information as provided by the Depositor, or if the recipient declines the Transaction. The Depositor is responsible for providing the recipient's correct EMT Contact Information and further agrees that the recipient has consented to the Depositor's use of the EMT Contact Information for EMT Services purposes, including its provision to the Financial Institution, the other Participating Financial Institution, and Acxsys Corporation;
  16. if the recipient successfully claims the Transaction using the Acxsys Corporation payment service but provides incorrect account information, Acxsys Corporation or its agent may request correct account information from the recipient or may mail an Instrument to the recipient. The Financial Institution will not pay interest on the Transaction amount;
  17. 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;
  18. the Depositor is responsible for providing a valid EMT Contact Information and will immediately update it via Direct Services if there are any changes to said EMT Contact Information;
  19. as the sender, the Depositor may cancel a Transaction up to the time the recipient successfully claims the Transaction. As the recipient, the Depositor acknowledges that a Transaction may be cancelled up to the time the Depositor successfully claims the Transaction;
  20. all disputes will be handled directly between the sender and the recipient;
  21. the Financial Institution may refuse to provide EMT Services for the Depositor; and
  22. 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.
Remote Deposits

If the Financial Institution, through Direct Services, makes the Remote Deposit Service available and the Depositor uses the Remote Deposit Service, the Depositor acknowledges and agrees that:

  1. solely for the Remote Deposit Service, the Financial Institution appoints the Depositor as its agent, to act on behalf of the Financial Institution in the creation and transmission of an Official Image to the Financial Institution, and any other related duties that may be required by the Financial Institution, all in accordance with the Rules and applicable legislation governing Instruments. In this context, transmission to and receipt by the Financial Institution of the Official Image will have the same effect as if the Instrument was delivered to the Financial Institution for negotiation and clearing. The Depositor acknowledges and agrees that this role as agent cannot be further delegated by the Depositor. Further, the Depositor acknowledges and agrees that the Depositor 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 the Financial Institution 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. the Financial Institution 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 by the Financial Institution, subject to the Account Agreement and any policies of the Financial Institution governing Instruments;
  3. the creation of an Official Image will be done using a method authorized by the Financial Institution, in its sole discretion, from time to time. Further, the Depositor agrees 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 the Depositor's Account;
  4. nothing in this Agreement obliges the Financial Institution to accept for deposit any item whether it is or purports to be an Official Image. The Depositor 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 the Depositor from anyone other than the drawer of that item, or that is in any way altered. If the Depositor has any suspicions or concerns about the authenticity, validity, negotiability, or chain of title to any item purporting to be an Eligible Bill, then the Depositor shall not seek to use the Remote Deposit Service for negotiation or collection of that item, but will instead contact the Financial Institution, identify the specific concerns to the Financial Institution, and fully disclose all material facts known by the Depositor 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 the sole discretion of the Financial Institution, from time to time. The Depositor 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;
  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 the Depositor;
  7. Transaction made on any day or at any time during which the Financial Institution is not open for business, may be credited to the Account on the next business day of the Financial Institution;
  8. once an Official Image of an Eligible Bill has been transmitted to the Financial Institution 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 the Depositor is requested to do so by the Financial Institution in writing. Further, the Depositor agrees 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, the Depositor agrees to indemnify and hold the Financial Institution and its service providers 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 Depositor's use of the Remote Deposit Service or duplicate negotiation of items that were at any time presented as Official Images of Eligible Bills. The Depositor 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, the Depositor 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 the Financial Institution, the Depositor is 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 pencil, pen, or brightly colored highlighter.) For a period of 120 days after transmission of the Official Image to the Financial Institution, or such shorter period as stipulated by the Financial Institution in writing, the Depositor shall retain and produce to the Financial Institution on written request the original of all imaged Eligible Bills. If the Depositor receives a written request to retain or produce, the Depositor will comply with the written request, and shall, if requested, produce, by delivering to the Financial Institution, the original of all specified Eligible Bills within 5 business days of such request. If the Depositor fails to comply with the written request made pursuant to this provision, then the Financial Institution can place 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 the Financial Institution through the Remote Deposit Service or such shorter period as stipulated by the Financial Institution in writing, and provided that the Depositor has verified a credit to the Account that reconciles to the Official Image transmitted, the Depositor agrees 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. the Depositor is responsible for any and all costs associated with obtaining a replacement Instrument in the event that the Financial Institution requests that the Depositor 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 the Financial Institution's sole discretion, electronic notices for purposes related to the Remote Deposit Service may be generated and sent to the Depositor at the Notice Contact Information after the Depositor uses the Remote Deposit Service to transmit an Official Image, including to advise the Depositor of the receipt by the Financial Institution of an Official Image. To receive such electronic notices, the Depositor must provide the Notice Contact Information required by the Financial Institution;
  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 the Financial Institution or that the Account will be credited; and
  13. 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 use of the Remote Deposit Service, including, but not limited to, a delay in processing a Transaction or the Financial Institution requiring the Depositor to obtain another Instrument.
Viewing Documents

The Financial Institution may, in connection with Direct Services, permit the Depositor to view and print images of documents. The Depositor acknowledges and agrees that such images are made available by the Financial Institution as a service to the Depositor and the provision of such images does not in any way oblige the Financial Institution to permit the Depositor to view and print images of documents.


Modification of Agreement

The Financial Institution may, in its sole discretion, amend the terms and conditions of this Agreement as it relates to the Depositor's future use of Direct Services from time to time, for any reason, without any liability to the Depositor or any other person. The Financial Institution may provide notice of a change to this Agreement by mailing notice to the Depositor's 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 the attention of the Depositor. The Depositor is responsible for regularly reviewing the terms and conditions of this Agreement. If the Depositor uses the Direct Services after the effective date of an amendment to this Agreement, it will mean that the Depositor agrees to the amendment and adopts and is bound by the newer version of this Agreement. The Depositor must not change, supplement, or amend this Agreement by any means.


Other Agreements

In addition to this Agreement, the terms and conditions of the Account Agreement between the Depositor and the Financial Institution will apply to Direct 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 the Depositor and the Financial Institution and the terms and conditions of this Agreement, then the terms and conditions of this Agreement will apply in respect of Direct Services. There are no representations or warranties made by the Financial Institution to the Depositor concerning Direct 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 the Financial Institution, 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 the Depositor may not rely upon any such advice or information.


Notices

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 the Depositor in connection with this Agreement may be given to the Depositor by delivering a written notice to the last known Notice Contact Information, or, except as to confidential financial information specific to the Depositor, by posting notice at the Financial Institution's premises or on the Financial Institution's website, or by any other means the Financial Institution, acting reasonably, considers appropriate to bring the notice to the attention of the Depositor.


Termination

This Agreement may be terminated by either the Financial Institution or the Depositor on not less than 1 business day prior notice. Any notice of termination shall not release the Depositor from any obligations incurred under this Agreement.


Electronic Execution

This Agreement may be executed electronically. Use of Direct Services shall be deemed to be acceptance of these terms and conditions as of the date of first use, or in the case of a modification of this Agreement, acceptance of the modified terms and conditions.


Applicable Law

This Agreement is governed by the laws of the province of the Account, or if more than 1 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.


Enurement

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


Proceeds of Crime Legislation

The Depositor acknowledges that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and Regulations apply to the operation of the Account and that the Financial Institution will, from time to time, adopt policies and procedures to address the reporting, record-keeping, client identification, and ongoing monitoring requirements of that legislation. The Depositor agrees to abide by and comply with all such laws and procedures.


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:

  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

No waiver by the Financial Institution of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The Financial Institution may, without notice, require strict adherence to the terms and conditions of this Agreement, despite any prior indulgence granted to or acquiesced in by the Financial Institution.


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.

 
 
 


Privacy


We are committed to protecting your privacy and safeguarding your personal and financial information.

While the Internet is revolutionizing the way that we do business - providing convenient access to financial services from your home or office - we also recognize that it may bring legitimate concerns about privacy and security.


To find out more, view our policy for the protection of personal information.


How is My Information Used and Collected?

This information page describes in general terms how your personal information is collected and used within the online account services section of our site. This area of the website requires you to use your email address and password (personal identification number (PIN) on Mobile) to enter.


Controlled Access to your Information

To ensure you are the only person accessing your personal financial information, we restrict access to the online account services section of the site by requiring that you enter your email address and Password to login. Our employees do not have access to your Password, and they will not ask you to reveal it. If someone does ask you to provide your Password to them, we ask that you refuse to do so and contact us immediately.


Transactional Services

Our online account services features many transactional functions such as transfers between accounts at various Financial Institutions. These transactions are all logged to ensure your accounts are debited or credited appropriately, and a history of each transaction is available to verify your account information. We may also use transactional information for servicing your account-for example, billing you for the particular transactions that you perform, or for the services you use.


Creating a Secure Channel

We create a secure channel between your browser and our server to protect your information when you use the site. To learn more about how we do this, please review our information on Internet Security.


Application Forms

To provide you with a convenient method for applying for financial services and products, we may provide secure online application forms. These forms capture personal information that we use to provide you with the products and services you request.


Website Usage Statistics

To continually improve our site, we often collect statistics about how our Members are using it. These statistics are only viewed in the aggregate and are not associated with you as an individual. We use this information for purposes such as improving the pages where our Members are having difficulties. The information collected may include your IP address, your browser type and your operating system, as well as data such as the number and types of pages visited and the length of time spent per page and on the site overall.


Our use of Cookies

We also use a key web technology called cookies. A cookie is a small information token that sits on your computer. As you use this site, cookies are passed back and forth between our server and your browser.


Specifically, we use two kinds of cookies - session cookies and persistent cookies. A session cookie exists only for the length of your browsing session and is deleted when you close your browser. A persistent cookie stays on your computer after you close your browser. A persistent cookie may or may not expire on a given date.


We use a session cookie to maintain the integrity of your online account session. With each page you visit, the cookie is passed back and forth between our server and your browser. We use the cookie to distinguish your session from the many others that may be happening at the same time. Our session cookies never store any personal information, such as your name, or date of birth, or financial information, such as your accounts and balances.


Most recent browser versions allow you to set some level of control over which cookies are accepted and how your browser uses them. For example, it may be set to notify you when it is receiving a cookie so that you accept cookies from only known, reliable sites such as this one. If you are concerned about cookies, we encourage you to upgrade your browser to a recent version and review the Help section of your browser to learn more about its specific control features.


Automatic Session Time-outs

In the event that you leave your computer without logging out, the online account services feature of this site has been designed to end your session automatically if our system detects you haven't provided any instructions or used the browser buttons to navigate for several minutes. To restart the session, you will need to provide your password again.


Email and Chat

To communicate with us electronically, we strongly recommend that you use our Chat on our website and online banking or the Message mailbox in Online Banking. These features provide secure channels for sending us comments, questions or instructions.


General email is not secure since it passes through many points on its route from you to us. If you are using general email to communicate with us, we strongly recommend that you do not include personal financial information (such as account numbers) within the email as we cannot guarantee its confidentiality on route to us.


When you email or chat with us, you provide us your email address and we use it to correspond with you. We then store your email address in case we need to correspond with you further.


Contact Us

We welcome any questions or concerns about your privacy relating to use of our website. Please use the Contact Us form to submit your questions or comments.


As we continue to expand our online account services to serve you better, and as new Internet technologies become available, we may update the information on this page at any time, to reflect changes.


Links to Other Sites

Our site may also contain links to other websites or Internet resources. As an example, from time-to-time we may provide links to Microsoft or Google to assist you in upgrading your Internet browser. However, we have no control over these other websites or Internet resources and do not control their collection, use and disclosure of your personal information. Always review the Privacy Statements of the sites that you are viewing.


Memorized Accounts Feature

We use a persistent cookie to store information to help you personalize the site and to make it easier to use. For example, we allow you to make the login easier by remembering your email address within our Memorized Accounts feature. Since the Memorized Accounts feature is optional, this cookie only contains information you have entered into it. We never store your Password in a cookie.


Logout Button

To ensure no-one else can access your personal information, always use the logout button to end an online session. It is located at the top of every page. Unless the Remember my email feature is selected, when you exit using the logout button, we delete your session cookie so that your session cannot be resumed unless your Member email address and Password are re-entered.

 
 
 


Online Banking Security

We work with our members to protect personal information

At Saven Financial, your information security is our top priority. There are some ways you can help ensure even greater security when accessing online account services:

  • Make sure your computer, tablet and smartphone are running up-to-date antivirus software
  • Avoid accessing your accounts online when using public WIFI services
Internet Security

The internet has changed the way financial institutions do business. Online accounts provide convenient access to your financial information and the ability to perform transactions from home or work locations.

It is important to ensure you always access your accounts from a secure computer using your unique password. Inadequate computer protection can lead to malware infections or unauthorized remote access.

How you can stay protected on the internet

 Help

What we do to protect your information in online banking.

 
 
 
 Help
Some ways you can protect yourself while using the internet and banking online.
 
 
 
 
 
 


Saven Financial Membership and Account Terms and Conditions


Saven Financial Membership and Share Agreement

Saven Financial is a division of FirstOntario Credit Union Limited (FirstOntario). All references to Saven Financial are as a division of FirstOntario.


By opening a Saven Financial account, you are becoming a member of FirstOntario. You are also confirming your acceptance of the following terms and conditions which set out the business relationship between you and Saven Financial; a division of FirstOntario Credit Union Limited. Please take the time to carefully read all these terms and conditions.


You agree to be bound by all the Terms and Conditions governing your FirstOntario membership contained in the Personal Membership Application Agreement that forms part of this agreement.


I understand that to be a client of Saven Financial, I must purchase $25.00 in membership shares of FirstOntario, and this $25 must remain on deposit as long as I am a member. If your $25 share is not funded, Saven will debit your High Interest Savings Account to cover the $25 membership share. Any membership shares that remain unfunded for 35 days, will result in closure of membership and any open accounts. I understand that shares are considered at risk capital and do not qualify for deposit insurance under the Financial Services Regulatory Authority of Ontario (FSRA).


Saven Financial Account Opening Agreement

We are required by law to obtain, verify and record information that identifies each person who opens a Saven Financial account. You will be asked for information to help identify you, including: name, address, date of birth and occupation. Your Social Insurance Number (SIN) is also required, for tax reporting purposes and to assist in verifying your identity.


By applying for a Saven Financial account, you agree and consent to the following:

  • To have us verify your identity as required by law and to provide us with any documentation we believe necessary to do so.
  • To have us verify information provided by you using credit bureaus, credit reporting agencies or other parties, including but not limited to, telecommunications and utility providers.
  • That you, the account holder must be at least 18 years of age and a resident of Ontario.
  • That no account will be opened under a Power of Attorney for the benefit of a third party.

You acknowledge that Saven Financial has adopted policies to protect your privacy. For additional information, including how to withdraw your consent, please click: http://savenfinancial.ca/en/on/contact-us or email Privacy.Officer@savenfinancial.ca


By opening and operating a Saven Financial account, you agree to the following:

  • To be bound by all the Terms and Conditions governing your Saven Financial account(s), including the Direct Services Agreement that forms part of this agreement.
  • A Saven Financial account is for personal use only. It cannot be used for business or non-personal purposes.
  • A Saven Financial account cannot be operated for or on behalf of a third party.
  • To receive communications and documents relating to your Saven Financial account(s) in electronic format. These include:
    • Statements
    • Tax reports
    • Legal disclosures
    • Changes in interest rates, fees or any other items referred to in this agreement
    • Changes/amendments to the Terms and Conditions
    • Any other communication we are required by law to provide you in writing

In addition to this document, please review the Direct Services Agreement found in our Legal policy.


Saven Financial High Interest Savings Account (HISA) Agreement

Deposits to your Saven Financial high interest savings account can be made by Electronic Funds Transfers, Remote Deposit Services and Interac e-Transfer©.


Saven Financial will place a hold on all deposits to and from your account for up to seven business days. This hold is required to ensure that Saven Financial has received payment for all items included in the deposit prior to allowing the withdrawal of those funds. Saven Financial has the right to extend holds on deposits.


Saven Financial will only accept deposits made in Canadian funds. Cheques deposited must be from a Canadian financial institution. Saven Financial has the right to refuse any deposit.


Under no circumstances will an overdraft on an account be permitted. In the event that there are insufficient funds in the account, the item creating the overdraft will be returned as NSF by Saven Financial. A charge will be assessed for each item creating an overdraft as per the schedule of fees.


Withdrawals from your Saven Financial savings account can be made by Electronic Funds Transfers and Interac e-Transfer©.


Interest rates quoted for the daily interest Saven Financial savings account are per annum. Interest on the Saven Financial savings account is calculated daily as follows: daily closing balance multiplied by the interest rate divided by 365. Interest is paid on the last day of each month. Interest rates are subject to change without notice. Current information on interest rates is available through Saven Financial website and by calling Saven Financial at 1-877-987-2836 (1-877-98saven).


Saven Financial Non-Redeemable Guaranteed Investment Certificate (GIC) Agreement

Unless otherwise directed by you, the maturing GIC will automatically be reinvested for the same term at the interest rate in effect on the renewal date.


Interest is calculated on the basis of 365 days. Interest on investment is paid annually and on term renewal date and is either transferred to a High Interest Savings Account (HISA) or compounded to the investment account dependent on the member's instructions.


Saven Financial GICs are not redeemable prior to maturity. You will have two business days from opening your GIC account to cancel or change your Saven Financial GIC.


Consent to Collect, Use, and Disclose Personal Information

In consideration of Saven Financial admitting the Member into Membership and agreeing to continue to provide financial services to the Member, the Member hereby agrees to the following:


From time to time,

  1. Saven Financial may collect credit and other financially related information (including information related to the Member's transactions) about the Member ("Personal Information") from the Member, from service arrangements the Member has made with Saven Financial or through Saven Financial's Networking Affiliates, from credit reporting agencies, and other financial institutions, and from references the Member has provided;

  2. Saven Financial may use this Personal Information as follows:
    1. to give it to credit reporting agencies and other financial institutions and,
    2. to determine the Member's financial situation;
    3. to determine the Member's suitability for initial and/or continued Membership in Saven Financial;
    4. to provide the Member with the services the Member's requested from Saven Financial, and
    5. to give it to anyone who works with or for Saven Financial, but only as needed for providing the services the Member requests from Saven Financial.

  3. Saven Financial may also use my social insurance number for income tax reporting purposes if the Member has provided that number to Saven Financial; and


  4. Saven Financial may also use this Personal Information for the following purposes:
    1. to promote Saven Financial services to the Member and to add it to the Member lists prepared and used for this purpose;
    2. to measure and assess the level of the Member's patronage with Saven Financial and the Member's relative contribution to its financial performance;
    3. to share it with Saven Financial's Networking Affiliates (where this is not prohibited by law) so that Saven Financial may promote their services to the Member; and

  5. Saven Financial may also use the Member's social insurance number as an aid to identify the Member with credit reporting agencies and other financial institutions for credit history file matching purposes. The Member acknowledges that the Member may not require to provide that number to Saven Financial for these purposes.


  6. The member understands that their personal information may be transferred to service providers located in other countries, and that in such case the personal information may be accessible by law enforcement and national security agents in those countries.

The Member may tell Saven Financial to stop using the Member's Personal Information in the ways described in subsection1(c) at any time by contacting the Privacy Officer at: Privacy.Officer@savenfinancial.ca.


Saven Financial acknowledges that the use of Personal Information in the ways described in subsection 1(c) is at the Member's option and that the Member will not be refused credit or other services just because the Member has told Saven Financial to stop using it in those ways.


In this Agreement/Application, Saven Financial "Networking Affiliates" include any company or business with which Saven Financial has a business relationship and which is engaged in the business of providing any one or more of the following services to the public in Canada but is not limited to: deposits, loans, and other financial services; credit, charge and payment card services; trust and custodial services; securities and brokerage services; insurance services.


If the Member ceases to be a Member of FirstOntario Credit Union or any Account Agreement the Member may have with Saven Financial terminates, Saven Financial may keep the Personal Information in its records so long as it is needed for the purposes described in subsection 1(b) above.


The Member consents to and authorizes Saven Financial, its Networking Affiliates, service providers and others it may designate, to monitor and/or record the Member's telephone conversations with any representatives, but only for the purpose of helping to ensure quality service to Members of FirstOntario Credit Union.


Saven Financial © Copyright 2019

 
 
 


Website Usage Notice


Use Restrictions

The copyright in all material provided on this site (savenfinancial.ca) is held by Saven Financial, a division of FirstOntario Credit Union Limited or by the original creator of the material. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.


Notice

Use of this Site is subject to certain Terms of Use which constitute a legal agreement between you and Saven Financial, a division of FirstOntario Credit Union Limited. Please review this information and, if you do not agree, do not use this Site.


Although we strive for accuracy, timeliness and completeness, rates and information quoted are not guaranteed and may change at any time.


By use of this Site, you acknowledge that:

  • the information which may be provided on the Saven Financial and/or FirstOntario Credit Union Limited Websites is for informational purposes only and is not intended to provide specific financial, tax, accounting or legal advice;
  • while Saven Financial and FirstOntario Credit Union Limited believes the information contained on their Websites to be correct and attempts to keep the information current, Saven Financial and FirstOntario Credit Union do not warrant the accuracy or completeness of any such information and expressly disclaims any liability for errors or omissions in this information;
  • any links to other Websites are provided for convenience only and no endorsement of any third party products or services is expressed or implied by any information referred to or linked from or to the Saven Financial or FirstOntario Credit Union Limited Websites;
  • Saven Financial and FirstOntario Credit Union Limited do not represent or warrant that the services provided through the Saven Financial or FirstOntario Credit Union Websites will be uninterrupted or error free, that defects will be corrected or that the Websites or the servers that make them available are free of viruses or other harmful components;
  • Saven Financial and FirstOntario Credit Union Limited recommend that the Member install, update and use an anti-virus program whenever accessing the Saven Financial or FirstOntario Credit Union Websites. Saven Financial and FirstOntario Credit Union Limited also recommends that the Member establish a data backup and recovery process to protect data from any loss or damage
  • In no event will FirstOntario Credit Union Limited or any of its divisions or affiliates be liable to the Member or any third party for any loss or damage of any sort (including destruction or loss of data, software or hardware) whether arising in contract, tort or otherwise, caused by or arising in connection.
Copyright and Trademarks

®Interac, Interac e-Transfer and the Interac logo are trade-marks of Interac Inc. Used under license.


©FSRA, Financial Services Regulatory Authority of Ontario


®MEMBERDIRECT is a trademark of Central 1 Credit Union. Saven Financial is a licensed user.


®DEPOSIT ANYWHERE is a trademark of Central 1 Credit Union. Saven Financial is a licensed user.


®Flinks is a registered trademark owned by Flinks Company. Used under license.


®CallSign is a registered trademark used under license.


®DocuSign is a registered trademark owned by DocuSign Inc. used under license.