Electronic Banking and Mobile Banking Services Agreement

Terms and Conditions

The following agreement outlines the Terms and Conditions and define the Parties responsibilities as they relate directly to Electronic Banking Services, and

Mobile Banking Services, being offered to you by Affinity. Your use of any of those Services means that you have received, understood, and accepted all of the following Terms and Conditions.

1. Definitions

“Advice Centre” includes any one or more of the following:

Any physical Advice Centre of Affinity; or

Any location or method providing electronic banking services for, or on behalf of, Affinity or its members or customers.

“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. Any references to “we” “our” or “us” refers to Affinity.

“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’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 ("Mobile Device") and transmitting it to Affinity;
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.

“Services”: Where the term “Services” is used alone, it includes Electronic Banking Services and Mobile Banking Services.

2. Use of your Passwords

“Password” means any security code, number or electronic code used in connection with access to any Electronic Banking, or Mobile Banking or including online or internet banking.

Your Password is used to access the Services and to identify you. You authorize Affinity to accept, and you agree to be responsible for, any instructions given to Affinity through any Electronic Banking Service or Mobile Banking and the use of your Password.

3. Password Confidentiality

You are responsible for the care and control of all your Passwords. You must keep your Passwords confidential.

This includes but is not limited to:

Never writing down your Password(s) or storing it/them on your computer;
Never disclosing your Password(s) to anyone, including a spouse, family member, friend, law enforcement official, financial institution representative, etc., including via voice mail, email or over the phone;
Avoiding Password(s) combinations that may be easily guessed or linked to you such as your name, birthday, Social Insurance Number, phone number etc.;
Hiding your Password(s) while using it for accessing any Electronic Banking Service access point; and
Changing your Password(s) frequently (every 90 to 120 days).

You will notify us immediately by speaking directly with a representative of Affinity if your Password has become known to someone else, or you suspect it has become known to someone else or otherwise compromised.

4. Acceptance of this Agreement

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

5. Use of Electronic Banking Services

You agree that you will use the Electronic Banking Services in accordance with the terms and conditions in this Agreement. You also agree that you will not use or permit the use of the Electronic Banking Services for illegal, illegitimate, 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.

6. Authorization

Every transaction performed using your Password for Electronic Banking or Mobile Banking (irrespective of who performs the transaction), 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 and Affinity has no onus or obligation to reverse any transaction.

Notwithstanding any restrictions or requirements for multiple signatures on your Account, Affinity is authorized to act upon instructions and process transactions when your Password is used. For clarification, when your Password is used, Affinity may rely on such instructions and execute transactions without being required to obtain consent from any signers on the Account.

7. Choice of Electronic Banking Services

You may choose which those 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.

8. Mobile Banking Website or App

Affinity may provide you access to online internet banking through a Mobile Banking Website or App. Please note that you may (or may not) not have access through the Mobile Banking Website or App to all online banking features, content and information.

9. Use of Mobile Banking Services

You agree that you will use the Mobile Banking Services in accordance with these terms and conditions. You further agree that you will not use or permit any of the Services for illegal, illegitimate, 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.

To use the Mobile Banking Services, you must obtain and maintain, at your expense, compatible hardware and software meeting up to date specifications provided by Affinity.

10. Deposit of Cheques using Mobile Banking Services

a. Agency Relationship

When you scan and transmit an image of a cheque, you agree to be acting on behalf of Affinity as lawful agent strictly and limited for the purpose of clearing the cheques through the Canadian payment system.

b. 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 or illegitimate;
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.

c. Endorsement

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

“Deposited via Mobile Banking, Date Deposited”

d. Image Quality

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

e. Receipt and rejection of Items

Affinity reserves the exclusive and sole right to reject any image transmitted. Affinity is not responsible for any images which Affinity does not receive. An image shall be deemed to be received when you obtain a confirmation from Affinity. Receipt of confirmation does not mean that the transmission was error free or complete.

Affinity reserves the right to chargeback to your account the amount of any image that Affinity has later determined was not an Eligible Cheque. You agree that Affinity will not be responsible for any loss, costs or fees associated with such chargeback.

f. 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.

g. Deposit Limits

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

h. Additional Promises

You promise to Affinity 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.

11. Secure Access to Services

You are responsible for ensuring that you access all Services in a secure and safe fashion.

This includes but is not limited to:

Installation on your computer of anti-spyware and an anti-virus program that are 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 any of the Services;
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 increase 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 any potential losses you suffer.

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

12.1 Limitation of Liability

In addition to any other limitations of our liability mentioned in this Agreement, you acknowledge and agree that Affinity Credit Union 2013's liability in relation to this Agreement is limited to direct damages resulting from our gross negligence or willful misconduct. We are not liable for indirect or consequential damages, or for any loss of profits, revenues, data, or goodwill, whether arising in contract, tort, or otherwise.

12.2 You are responsible and liable for the full amount of all activity on your accounts.

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.

13. Electronic Banking Service Charges, Mobile Banking Service Charges

You will be charged our current service charges for the Services. Please see our service charge brochure for our current fees, which may change from time to time. Our service charges may be posted in any Advice Centre 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.

14. 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 are responsible to examine your account transactions promptly and carefully in order to ensure that the electronic payments have been successfully and correctly processed. You agree to 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.

15. 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. You are responsible for ensuring the protection of the answer to the security question and you agree that you will never send the answer to a security question by e-mail, text message or any other electronic method to the recipient.

A sender may cancel an Interac® 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, including but not limited to losses 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 Interac® 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 Interac® e-Transfer.

16. 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 your debit card and the Mobile Payment Service is subject to the additional terms in the Affinity MemberCard Debit Card/Personal Identification Number/Mobile Payment Service Agreement.

You also 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, including payment services that are made available through eligible Apple® or Android devices.

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 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 Password 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.

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.

17. 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 restricted to operate the Account, then you agree that Affinity 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.

18. 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.

19. Transaction Records Activity

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.

20. 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:

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
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 Affinity 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.

21. 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 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 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 Services.

22. Cancellation

You may cancel any Service at any Advice Centre of Affinity. However, you must still fulfill all your obligations under this Agreement.

23. Termination

We may terminate your Password, this Agreement or your access to any of the Services 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.

24. Privacy Policy

When you access the Services, you acknowledge and accept the Privacy Code of Affinity and any other privacy policies which we may adopt from time to time. Our Privacy Code and other privacy policies are available at any Advice Centre and on the website of Affinity.

25. 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.

26. 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.

27. 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 Advice Centres, or by posting a notice or the information on the Affinity website.

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

28. Electronic Signatures

This document may be signed and delivered electronically or by other similar means and may be executed in counterparts, all of which shall be as effective as if signed and delivered as one original document with original signatures.

Where an electronic signature is available and used, the person using the electronic signature is adopting such signature and authorizes it to be attached to or associated with this document.

Interac® Trademark of Interac Corp. Used under license.

Third-Party Digital Wallet Terms of Use

Introduction:

Affinity offers its members the ability to use eligible Affinity debit cards ("Cards") with supported third-party digital wallet services ("Third-Party Digital Wallets") on any compatible device ("device"). The following terms and conditions (“Terms of Use”) govern your relationship with Affinity in respect of your use of Third-Party Digital Wallets.

By activating and using Affinity Cards and related Third-Party Digital Wallet you confirm that you have read and understood and agree to these Terms of Use. These Terms of Use are a legal agreement between you and us, and you are responsible for reviewing and understanding all terms applicable to your use of Third-Party Digital Wallets. If you do not agree to all applicable terms, you may not use Third-Party Digital Wallets in connection with Affinity Cards.

In these Terms of Use, "you" and "your" means each Credit Union Member who has been issued a Credit Union card. "We", "us", "our" and "Credit Union" means Affinity. "Provider" means a third-party providing a Third-Party Digital Wallet.

Use of Cards in Third-Party Digital Wallets:

If you want to add a Card to a Third-Party Digital Wallet, you must follow the procedures adopted by the Provider, any instructions provided by us, and any further procedures the Provider or we adopt. You understand that we may not add a Card to a Third-Party Digital Wallet if we cannot verify the card, if your account is not in good standing, if we suspect that there may be fraud associated with your card or for any other reason we determine at our sole discretion. Third-Party Digital Wallets allow you to make purchases using your Card wherever the Third-Party Digital Wallet is accepted. Third-Party Digital Wallets may not be accepted at all places where your Card is accepted.

Removal, Blocking, or Suspension of Card:

We may not permit the addition of a Card to a Third-Party Digital Wallet, or we may remove, suspend or cancel your access to a Third-Party Digital Wallet at any time, if we cannot verify the Card, if we suspect that there may be fraud associated with the use of the Card, if your account is not in good standing, if applicable laws change, or for any other reason we determine at our sole discretion.

You may suspend, delete or reactivate a Card from a Third-Party Digital Wallet by following the Provider's procedures for suspension, deletion or reactivation. In certain circumstances, your Card may be suspended or removed from a Third-Party Digital Wallet by the Provider.

Lock ‘N’ Block Service:

If you decide to use the Lock ‘N’ Block Service, please note that this service is offered by a third-party service provider. By using this service, you accept that neither Affinity nor the third-party service provider will be responsible if a request by you is not processed (for whatever reason).

Maximum Dollar Limit:

Payment networks, merchants or we may establish transaction limits from time to time in their or our discretion. As a result, you may be unable to use a Third-Party Digital Wallet to complete a transaction that exceeds these limits.

Applicable Fees:

We do not charge you any fees for adding a Card to a Third-Party Digital Wallet. Please consult your Card agreement for any applicable fees or other charges associated with your Card.

Your mobile service carrier, the Provider or other third parties may charge you service fees in connection with your use of your device or a Third-Party Digital Wallet.

Security:

You must contact Affinity immediately if your card is lost or stolen, if your device is lost or stolen, or if your card account is compromised. If you get a new device, you must delete all your Card and other personal information from your prior device.

You are required to contact Affinity immediately if there are errors or if you suspect fraud with your Card. We will resolve any potential error or fraudulent purchase in accordance with the applicable account agreement.

Using the Lock ‘N’ Block Service does not count as communicating with Affinity. Therefore, regardless of whether you use the Lock ‘N’ Block Service, you must still contact Affinity directly.

You agree to protect and keep confidential your User IDs and passwords. If you share these credentials with others, they may be able to access your Third-Party Digital Wallet and make purchases with your Card or obtain your personal information.

Before using a Third-Party Digital Wallet you should ensure that only your credentials are registered on your device as these will then be considered authorized to make transactions related to your Card. If the credentials of another person are used to unlock your device or make transactions, these transactions will be deemed to be authorized by you.

You are prohibited from using a Third-Party Digital Wallet on a device that you know or have reason to believe has had its security or integrity compromised (e.g. where the device has been "jailbroken", "rooted" or otherwise had its security mechanisms bypassed).

The Provider is responsible for the security of information provided to it or stored in its Third-Party Digital Wallet.

Liability for Loss:

You are solely responsible for all account transactions made using your Card processed through a Third-Party Digital Wallet. You are responsible for the completeness and accuracy of the account information you enter into a Third-Party Digital Wallet. Only the individual member whose name is associated with the card should add the card to a Third-Party Digital Wallet.

Privacy:

You consent to the collection, use and disclosure of your personal information from time to time as provided in our privacy policy, which is available on our website. We may share with or receive from a Provider such information as may reasonably be necessary to determine your eligibility for, enrollment in and use of a Third-Party Digital Wallet and any Third-Party Digital Wallet features you may select (for example, your name and details such as card number and expiry date).

A Provider may aggregate your information or make it anonymous for the purposes set out in its privacy policy or terms of use. To help protect you and us from error and criminal activities, we and a Provider may share information reasonably required for such purposes as fraud detection and prevention (for example, informing a Provider if you notify us of a lost or stolen device).

Communications:

You agree to receive communications from us, including emails to the email address or text message to the mobile number you have provided in connection with your Card account. These communications will relate to your use of your Card(s) in a Third-Party Digital Wallet. You agree to update your contact information when it changes by contacting us. You may also contact us if you wish to withdraw your consent to receive these communications but doing so may result in your inability to continue to use your Card(s) in a Third-Party Digital Wallet.

No Warranty and Exclusion of Liability:

Third-Party Digital Wallet Services are provided by the respective Providers, and Affinity is not responsible for any Third-Party Digital Wallet's use or function. You acknowledge and agree that Affinity makes no representations, warranties or conditions relating to any Third-Party Digital Wallet of any kind, and in particular, Affinity does not warrant: (a) the operability or functionality of any Third-Party Digital Wallet or that any Third-Party Digital Wallet will be available to complete a transaction; (b) that any particular merchant will be a participating merchant at which any Third-Party Digital Wallet is accepted; (c) that any Third-Party Digital Wallet will meet your requirements or that the operation of any Third-Party Digital Wallet will be uninterrupted or error-free; and (d) the availability or operability of the wireless networks of any device.

Affinity will have no liability whatever in relation to any Third-Party Digital Wallet, including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of any Third-Party Digital Wallet, or any loss, injury or inconvenience you suffer. You may want to consider keeping your physical card with you to use in the event you cannot make a transaction using a Third-Party Digital Wallet.

Changes to the Terms of Use:

We may change these Terms of Use or the agreements associated with the use of your card with a Third-Party Digital Wallet. You agree to any changes to these Terms of Use or agreement(s) associated with the use of your card or account by your continued use of your card with a Third-Party Digital Wallet. If you do not accept the revised Terms of Use or agreement(s), you must delete your card from all Third-Party Digital Wallets.

Contacting Us:

You may contact us about anything concerning your card or these Terms of Use by calling our Contact Centre toll-free at 1.866.863.6237.

If you have any questions or complaints about a Third-Party Digital Wallet, or disputes with a Provider, you should contact the Provider.

^†Interac e-Transfer is a registered trademark of Interac Inc. Used under licence.