Electronic Banking and Mobile Remote Deposit Services Agreement

Last updated  05/12/17

Terms and Conditions

The following Terms and Conditions are presented to create awareness and acceptance of your responsibilities as they relate directly to the Electronic Banking Services or Mobile Banking Services being offered to you by Affinity Credit Union 2013. Your use of the Electronic Banking Services or Mobile Banking Services means that you have received and accepted all of the following Terms and Conditions.

1. Definitions

"Electronic Banking Services" includes any one or more of the following:

  • TeleBanking - Affinity's automated telephone banking service or any other telephone banking system being used by Affinity - including any system permitting, or which allows you to give, instructions verbally or through the use of an interactive voice response system; 
  • Any online, internet or web-based banking service;
  • Mobile Banking;
  • Any electronic routing and electronic document presentment and payment service or any service then being offered by providers of any such service; and
  • Any other electronic banking service.

“Mobile Banking Services" includes any one or more of the following:

  • Mobile Remote Deposit Services, Affinity Credit Union 2013's mobile application which allows you to deposit to your account by way of scanning an image of a cheque using your mobile phone/device and transmitting it to Affinity Credit Union 2013;
  • Mobile Payment Service, the service which allows you to make purchases at participating merchant's contactless payment terminals using your mobile phone/device; and
  • Other applications or services approved of or offered by Affinity for use by mobile phones/devices.

"Affinity Credit Union 2013" or "Affinity" includes Affinity Credit Union or any successor or other Credit Union operating a business formerly carried on by Affinity Credit Union 2013.
"Branch" includes any one or more of the following:

  • Any physical Branch of Affinity Credit Union 2013.
  • Any location or method providing electronic banking services for, or on behalf of, Affinity Credit Union 2013 or its members or customers.

2. Use of your PAC

"PAC" includes any password including each of your Personal Access Codes used for online or internet banking or any other security code, number or electronic code used in connection with access to any Electronic Banking Service or Mobile Banking Service. The PAC is used to access the Electronic Banking Services or Mobile Banking Services offered by Affinity Credit Union 2013 and to identify you.  You authorize us to accept, and you agree to be responsible for, any instructions given to us through any Electronic Banking Service or Mobile Banking Service and the use of your PAC.

3. Acceptance of this Agreement

Use of any Electronic Banking Service or Mobile Banking Service will show that you have received, understood and agreed to this Agreement.

4. Use of Electronic Banking Services

You will use the Electronic Banking Services in accordance with the terms and conditions in this Agreement. You will not use the Electronic Banking Services for illegal, fraudulent or defamatory purposes or take any action which may undermine the security or integrity of any of the Electronic Banking Services, or cause harm, or threaten to cause harm, to any other use or user of the Electronic Banking Services.

5. Authorization

Each and every transaction performed using your PAC or of an Electronic Banking or Mobile Banking Service shall have the same legal effect as if it had been performed according to written instructions signed by you. If you hold an account jointly, each joint holder will be jointly and severally liable for all transactions performed. Each transaction becomes final once processed by, or on behalf of, Affinity Credit Union 2013 and Affinity Credit Union has no obligation to reverse any transaction.

6. Choice of Electronic Banking Services

You may choose which Electronic Banking Services you wish to access. For example, you may designate which accounts you wish to link to TeleBanking. You may also access your accounts by logging onto the online internet banking service.

7. Mobile Banking Website or App

We may provide you access to online internet banking through a Mobile Banking Website or App. Be aware that you may not have access through the Mobile Banking Website or App to all online banking features, content and information. 

8. Use of Mobile Banking Services

You promise to use the Mobile Banking Services in accordance with the terms and conditions in the Master Agreement. You will not use the Services for illegal, fraudulent or defamatory purposes nor take any action which may undermine the security or integrity of any of the Mobile Banking Services, or cause harm, or threaten to cause harm, to any other use or user of the Mobile Banking Services.

9. Agency Relationship

When you scan and transmit an image of a cheque, you are acting on behalf of Affinity Credit Union 2013 as agent for the purpose of clearing the cheques through the Canadian payment system.

10. Eligible Cheques and Endorsement

You must scan and transmit an image of both the front and back of an Eligible Cheque for deposit to your account. You are responsible for ensuring that the image you have scanned is an Eligible Cheque. 
"Eligible Cheque" means a cheque that:

  • Is payable only to you or an individual with whom you share a joint account;
  • Is payable in Canadian dollars;
  • Has not been altered;
  • Is not suspected by you to be fraudulent;
  • Is not drawn on a financial institution located outside of Canada;
  • Has not been dated more than six months prior to the date of deposit;
  • Is not a cheque payable jointly, unless deposited into an account in the name of all payees;
  • Has been properly endorsed. 

11. Endorsement

After successful deposit transmission, you agree to restrictively endorse the back of any cheque transmitted as:

"Deposited via Mobile Banking, Date Deposited"

12. Hardware

In order to use the Mobile Banking Services, you must obtain and maintain, at your expense, compatible hardware and software meeting specifications provided by Affinity Credit Union 2013.

13. Image Quality

The image of a cheque transmitted to Affinity Credit Union 2013 must be legible, as we, in our sole discretion, determine.

14. Receipt of Items

We reserve the right to reject any image transmitted.  We are not responsible for any images which we do not receive.  An image shall be deemed to be received when you obtain a confirmation from Affinity Credit Union 2013.  Receipt of confirmation does not mean that the transmission was error free or complete.

We reserve the right to chargeback to your account the amount of any image that we have later determined was not an Eligible Cheque.  You agree that Affinity Credit Union 2013 will not be responsible for any loss, costs or fees associated with such chargeback.

15. Disposal of Eligible Cheques

Upon confirmation of the receipt of an image, you agree to retain the cheque for at least 90 days from the date of transmission.  Prior to 120 days passing, you agree to destroy the cheque by marking it "VOID" or shredding it.

16. Deposit Limits

From time to time, we may establish limits on the amount, and/or number, of cheques that may be deposited.

17. Additional Promises

You promise to Affinity Credit Union 2013 that:

  • You will only transmit Eligible Cheques;
  • You will not transmit duplicate cheques;
  • You will not re-deposit the original cheque;
  • You will provide, to us, the original cheque if we request it within 90 days of transmission; and
  • You will follow any and all other procedures we may specify for use of the Mobile Remote Deposit Services.

18. PAC Confidentiality

You are responsible for the care and control of your PAC. You must keep your PAC confidential. This includes but is not limited to:

  • Never writing down your PAC or storing it on your computer;
  • Never disclosing your PAC in a voice mail or email or over the phone;
  • Avoiding PAC combinations that may be easily guessed or linked to you such as your name, birthday, Social Insurance Number, phone number etc.;
  • Not disclosing your PAC to anyone including a spouse, family member, friend, law enforcement official, financial institution representative etc.;
  • Hiding your PAC while using it for accessing any Electronic Banking Service access point; and
  • Changing your PAC frequently (every 90 to 120 days).

19. Secure Access to Electronic Banking Services and Mobile Banking Services

You are responsible for ensuring that you access the Electronic Banking Services and the Mobile Banking Services in a secure and safe fashion. 

This includes but is not limited to:

  • Installation of an anti-spyware program and an anti-virus program that is maintained current with updates;
  • Installation and use of a personal firewall on your computer that is maintained current with updates;
  • Installation of new security patches as soon as your operating system and internet browser manufacturers and other applicable software vendors make them available;
  • Installation of any other security-related software that may be specifically recommended by us from time to time;
  • Disabling automatic password-save features in any browser and software you use to access the Internet for the purpose of using an Electronic Banking Service or Mobile Banking Service;
  • Not using the "memorize account" feature on publicly available computers;
  • Use of a locking code on, and taking other security measures for, any mobile devices;
  • Always exiting our Internet banking site using the "log out" button and closing your browser if you step away from your computer; and
  • Securing or erasing files stored on your computer by your browser so others cannot read them.

The practice of accessing your account information through publicly accessible computers is strongly discouraged. The use of computers at locations such as Internet cafes, public libraries, hotel lobbies and the like greatly increases the risk of possible unauthorized access to your accounts. Use of these public devices is to be avoided.  If it is determined to be the compromise point, this could have a negative impact on any compensation for your losses. 

20. Liability for Electronic Banking Service Transactions and Mobile Banking Service Transactions     

You are responsible and liable for the full amount of all activity on your account resulting from:

  • The use of your PAC by you or any person to whom you have made the PAC available if you have not been the victim of trickery, force, intimidation or theft;
  • Your failure to notify us as soon as you have become aware that your PAC may have become known to someone else; or
  • An entry error or a fraudulent or worthless deposit made through any Electronic Banking Service or Mobile Banking Service.

Your liability may exceed your account's credit balance or available funds if:  

  • The account has overdraft protection or is linked to an account with this feature; or
  • The transaction is completed on the basis of an entry error or a fraudulent or worthless deposit made through an Electronic Banking Service or Mobile Banking Service.

We will  release you from liability for transactions completed through an Electronic Banking Service where it can be shown that you were the victim of fraud, theft or have been coerced by trickery, force or intimidation provided that you:

  1. fulfill all of your obligations under this Agreement (including, without limitation, those relating to security and confidentiality of your PAC);
  2. report the incident to us as soon as possible by speaking directly with a representative of Affinity Credit Union 2013;
  3. have followed recommended procedures; and
  4. co-operate fully in any investigation.

21. Lost or Stolen PAC

You will notify us by speaking directly with a representative of Affinity Credit Union 2013 immediately if:

  • Your PAC has become known to someone else, or you suspect it has become known to someone else or otherwise compromised.

22. Electronic Banking Service Charges and Mobile Banking Service Charges

You will be charged our current service charges for Electronic Banking Services and Mobile Banking Services. Please see our service charge brochure for our current fees which we may change from time to time. We may debit your account for any applicable service charges. Our service charges may be posted in any Branch or on our website. You may obtain our current service charges upon request. You authorize us to debit your account for any applicable service charges.

23. Electronic Payments

You are responsible for the accuracy of your electronic payment instructions including, but not limited to, the name of the billing company or recipient, the billing or account number, and the payment amount.

You will promptly and carefully examine your account transactions in order to ensure that the electronic payments have been successfully and correctly processed. You will notify us within 30 days of the electronic payment date of any error or discrepancies.   If we don't receive notice within 30 days, we will assume that each transaction was valid and correct.

We are not responsible for any penalties, fees, interest, costs or damages imposed upon or suffered by you with respect to any payments or for our inability to retrieve electronic payments from third party accounts with us or from, or with, other financial institutions. 

The electronic payment options available from Affinity may include Interac Online Payment, the online debit payment feature available from selected merchant websites and processed through online banking which allows you to debit funds from your accounts to pay for goods and services to a participating third party merchant. If you choose to use Interac Online Payment you specifically acknowledge and agree as follows in addition to the above:

  • You can only make an Interac Online Payment from a Canadian bank account using Canadian dollars;
  • Even where you have authorized an Interac Online Payment from your account, the funds may not be withdrawn from your account and/or the third party merchant may not receive the Payment on the date you instruct for a number of reasons, including the Payment being intercepted or misdirected during transmission;
  • You cannot cancel a Payment after it has been authorized by you, and you agree that we and our Interac Online Payment service providers, Central 1 and Acxsys Corporation, are entitled to pay an Interac Online Payment from your account to a third party merchant once such Payment has been authorized by you;
  • If the third party merchant does not accept the Payment within a reasonable time (as determined by Affinity in its sole discretion), or cancels or declines receipt, then the funds will be returned to your account within a reasonable time thereafter;
  • We may cancel a Payment without notice to you if we have reason to believe a mistake has occurred or if we believe the Payment is a product of unlawful or fraudulent activity; and
  • We are not responsible for and are under no obligation to participate in any disputes you may have with a third party merchant for any reason whatsoever. Neither we nor Central 1 or Acxsys Corporation are responsible for requests for refunds.

24. Interac e-Transfer

To send an Interac e-Transfer, you must provide the recipient's email address and/or mobile phone number and a security question that will be used to authenticate the recipient of the transfer. To receive an Interac e-Transfer, you must correctly answer the security question.

The sender may cancel an e-Transfer transaction at any time prior to the point at which the transfer has been successfully claimed by the recipient. We will be entitled to pay the transfer to anyone who claims it as the recipient and correctly answers the security question, whether or not that person is intended to receive the transfer.  We will not be liable for losses incurred by you as a sender or recipient of an Interac e-Transfer as a result of any misuse, improper communication or disclosure of the answer to the security question. All disputes must be handled directly between the sender and the recipient.

You acknowledge that Interac e-Transfers are subject to number and dollar limits that may change from time to time without notice to you. We cannot guarantee the date that we will process an e-Transfer transaction, and we will not be liable for any costs, expenses, losses or inconvenience that the sender or recipient may incur as a result of a delay in processing an e-Transfer.

25. Mobile Payment Service

You are responsible for the completeness and accuracy of the account information you enter into the Mobile Payment Service, and you are solely responsible for transactions processed through the Mobile Payment Service.

Your use of the Mobile Payment Service and/or a virtual debit card is subject to the additional terms in the Affinity Member Card Debit Card/Personal Identification Number/Mobile Payment Service Agreement. Further, you understand that your use of the Mobile Payment Service may also be subject to additional agreements or terms of use with Interac and/or other third parties, such as your wireless carrier and other websites and services integrated into the Mobile Payment Service. You are responsible for any fees that are imposed by a party other than Affinity such as applicable wireless carrier data or usage fees incurred using the Mobile Payment Service.

For greater certainty, you agree that you will not:

  • copy, modify, adapt, enhance, translate or create a derivative work of the Mobile Payment Service;
  • license, sublicense, market or distribute the Mobile Payment Service, or provide any copies to a third party;
  • attempt to reverse engineer, decompile, disassemble or make error corrections to any part of the Mobile Payment Service; or
  • use any part of the Mobile Payment Service to gain access to interconnecting software applications to do the same.

Affinity is not responsible for the performance or security of the Mobile Payment Service. The Mobile Payment Service may not be available for all purchase amounts or at all merchants where your client or virtual debit card is accepted. Affinity, payment networks or merchants may establish transaction limits from time to time, and you will be unable to complete a transaction which exceeds these limits. Affinity is not responsible for any loss, injury or inconvenience you suffer as a result of a merchant refusing to accept the Mobile Payment Service.

You are responsible for keeping your Mobile Payment Service login and credentials private and secure. After enrolling in the Mobile Payment Service, you will secure your mobile device(s) with the same care you would your PAC in order to avoid unauthorized use of your account(s) and will protect it with a secure access code and/or biometric. Except as otherwise set out in this Agreement, you will be responsible for all transactions carried out using your mobile device regardless of whether the credentials used were yours or those of another person. If your mobile device is lost or stolen, your login and credentials are compromised, or if you believe there is an error on your account or you suspect fraud, you agree to immediately notify us by speaking directly with a representative of Affinity Credit Union 2013.

The collection, use and disclosure of your personal information is governed by the Affinity Privacy and Market Code. In addition, you agree that Affinity may collect, use and disclose personal information about you, including information related to your account(s) and use of the Mobile Payment Service, in order to verify your identity and to make the Mobile Payment Service available to you.

Affinity may change the type of accounts that are eligible for the Mobile Payment Service or stop participating in the Mobile Payment Service at any time. We may take these actions at any time, without telling you first, and for any reason, including if you fail to comply with this Agreement, if we suspect fraud, if your account is not in good standing, if there is a change in applicable law, or for any other reason as we determine in our sole discretion.

26. Business Accounts and Services

In the case of accessing Business Accounts and Services, by the act of designating a person as a Business User, you are authorizing that person to view information about the Business and if online transactions are permitted, you are also authorizing that person to carry out online transactions on behalf of the Business.

For greater certainty, if you choose to appoint only one Business User or to allow any single Business User to approve transactions on your behalf despite that two or more signatures are otherwise required to operate the Account, then you agree that Affinity Credit Union 2013 is entitled to rely on the instructions received from such single Business User.

In these cases, you, the Business, accept the responsibility for all losses that may arise from a Business User misusing his or her authority in any way, either purportedly on behalf of the business or for personal or other purposes.

The Business and individual Business User will ensure that the Business User meets any eligibility or other requirements for online access that we communicate as part of the application process. The Business is also responsible for ensuring that any changes with respect to any authorized or designated Business User are appropriately managed by you, the Business, and that passwords and other applicable user identification or access information are managed accordingly.

27. Single Sign-On for Business Accounts and Personal Accounts

The Electronic Banking Service provides a single sign-on process for access to your personal accounts as well as any Business Accounts that you have the authority to sign alone on (in other words, Business Accounts which only require your signature in order to authorize a transaction).  Accordingly, you may make transfers from Business Accounts to personal accounts, may make personal bill payments from Business Accounts, or conduct any other transactions involving Business and personal accounts as may be permitted with respect to such accounts.  The Business accepts the responsibility for all losses that may arise from your access to the Business Accounts and personal accounts.

28. Transaction Records Activit

Our transaction records will be conclusive proof of your use of any Electronic Banking Service or Mobile Banking Service and will be considered your written request to perform the transaction.  

29.  Real Time Alerts

The terms of this section apply only if you enroll in and use the Alerts Services. If there is a conflict between these alert terms and the overall Terms and Conditions, the terms of this section will apply to the extent necessary to resolve the conflict.

For the purposes of this section, the following terms will have the following meanings:  

  • "Alerts" means notifications about certain events or situations that we make available through the Alerts Services from time to time.  Alerts may be sent by email, SMS text message and/or by in-app notification to a Mobile Device.
  • "Alerts Section" means the location in Electronic Banking where you can select, manage and view your Alerts;
  • "Alerts Services" means: (i) the location in a mobile application that is designed by us (or by a third-party service provider for us) where you can select, manage and view your Alerts; or (ii) the location in Electronic Banking where you can select, manage and view your Alerts;
  • In-App Notification is a notification sent through the Affinity Mobile application (app) installed on your Mobile Device
  • "SMS" or "Short Message Service" is a text messaging service component of a Mobile Device.

a. Availability and Use of Alerts Services

You acknowledge that we may make all or part of the Alerts Services available to you from time to time but we are not under any obligation to do so. The availability of the Alerts Services may also depend on whether the Alerts Services is supported by your mobile carrier.

The Manage Alerts Section in Electronic Banking will allow you to select each type of Alert that you wish to receive and whether you receive it via email, SMS or in-app notification, provided that:

  • In order to receive Alerts by email you must register your email address with us in the My Profile Section;
  • If we make Alerts available via in-app notification to your Mobile Device, you may be required to adjust the settings on your Mobile Device; and
  • If we make Alerts available by SMS text message to your Mobile Device, you will be required to register the Mobile Device with us in the Manage Alerts Section

You acknowledge that we can, at any time and without notice to you:

  • Add or remove an Alert from the Alerts Services for any reason;
  • Impose limits on the number of email addresses, mobile phone numbers or Mobile Devices that you will be allowed to receive Alerts to; and/or
  • Limit how a particular type of Alert is made available to you (i.e. only by email, SMS text message or in-app notification, etc.)

You can add or remove any or all Alerts from the Alerts Services at any time in the Manage Alerts Section.

b. Non-Secure Alerts and Non-Delivery

Alerts are not encrypted and will be sent by a non-secure method such as email, text message or in-app notification.

Alerts are sent on a best efforts basis and Affinity does not guarantee delivery.

You also acknowledge that Alerts may be lost, reviewed, intercepted or changed by others before they are received by you (including by others that may have access to your Mobile Device or email account).

c. Carrier Charges

We do not charge for Alerts, but standard message and data rates may be charged by your mobile carrier.  Your relationship with your mobile carrier is independent and separate from your relationship with us and is outside of our control.  Any dispute that relates to the rates charged by your mobile carrier to view or access Alerts on your Mobile Device is strictly between you and your mobile carrier, and you agree to raise no defence or claim against us.

30. Liability for Damages

We will not be responsible or liable for any damage, loss or inconvenience you may incur if you are unable to access any or all Electronic Banking Services or Mobile Banking Services as a result of any failure or malfunction, even if such failure or malfunction was the result of our negligence or the negligence of our employees. We are not making any representations, warranties of any kind, expressed or implied, to the effect that any Electronic Banking Services or Mobile Banking Services will be available at any particular time. There are no implied warranties of merchantability or fitness for any particular purpose related to the provision of Electronic Banking Services or Mobile Banking Services.

31. Cancellation

You may cancel any Electronic Banking Service or Mobile Banking Service at any Branch of Affinity Credit Union 2013.  However, you must still fulfill all your obligations under this Agreement.

32. Termination

We may terminate your PAC, this Agreement or your access to any Electronic Banking Service or Mobile Banking Service without notice to you. However, you must still fulfill all your obligations under this Agreement and will not be relieved of your obligations until all amounts owing to us have been paid in full.

33. Privacy Policy

When you access Electronic Banking Services or Mobile Banking Services, you acknowledge and accept the Privacy Code of Affinity Credit Union 2013 and any other privacy policies which we may adopt from time to time. Our Privacy Code and other privacy policies are available at any Branch and on the website of Affinity Credit Union 2013.

34. Indemnity

You undertake to indemnify and hold us harmless from and against any and all losses, costs and damages as well as any and all claims or suits which may be brought against us by third parties because of your failure to comply with our instructions and with your obligations under this Agreement.

35. Proper Law and Severability

This Agreement shall be governed by, and construed in accordance with, the laws of Saskatchewan, and the courts of Saskatchewan shall have exclusive jurisdiction for any matters or disputes arising from this Agreement or any transactions related to it.  Any provision of this Agreement which is deemed to be, or becomes, void, illegal, invalid or unenforceable shall be severable from this Agreement and shall not affect the remaining provisions of this Agreement.

36. Amendments

We may change the provisions of this Agreement, including the definitions, from time to time. We will notify you of the changes either by sending you a notice, by posting a notice in all of our Branches, or by posting a notice or the information on the Affinity Credit Union 2013 website. 

If you use any Electronic Banking Service or Mobile Banking Service after we send or post a notice, you are accepting the amendments as of the date the notice was sent or posted.

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