Servus Credit Union Ltd. ("Servus")
Digital Banking Agreement (the "Agreement")
This Agreement governs your access to and use of Online Banking and Mobile Banking services (the "Services").
In this Agreement, the following words, when capitalized, have the meanings set out below, and capitalized words not defined in this Agreement shall have the meaning set out in your Member Agreement with Servus1:
- "Access Levels" means the levels of access that a Business Member's Authorized Users have to the functionality of the Services.
- "Account" means chequing, savings, loan or investment accounts that the Member maintains with Servus.
- "Alerts" or "Notifications" means notifications provided to you by Servus upon certain events occurring within Online Banking or Mobile Banking (e.g., password updated).
- "Authorized User" means any individual who has been authorized by the Business Member's Digital Banking Administrator to hold Security Credentials.
- "Autodeposit Service e-Transfer" means a feature of Interac e-Transfer® Service that allows you to register with Interac as a recipient to receive an e-Transfer from a sender, directly deposited to your Account.
- "Business Day" means any day except Saturday, Sunday or a statutory holiday observed in the Province of Alberta.
- "Business Member" means a Member that is a corporation, limited partnership, joint venture, partnership, cooperative, trust or other type of legal entity, but does not include a personal Member.
- "CPA Rules" means the by-laws, rules, regulations and standards made under the Canadian Payments Act, RSC 1985, c C-21, as amended, which can be accessed at https://laws-lois.justice.gc.ca/eng/acts/C-21/.
- "Digital Banking Administrator" means the individual(s), designated in writing by the Business Member, who has (have) the authority described in Section 8.
- "e-Transfer" means an electronic transfer of funds performed through the use of the Interac e-Transfer Service.
- "Eligibility Criteria" means the criteria provided by Servus at Photo Deposit Eligibility Criteria which determines whether or not the Photo Deposit Service can be used by you.
- "Face ID" means a feature of the Services that allows you to access Mobile Banking through the means of an image of your face stored on your device.
- "Interac e-Transfer® Service" means an Interac® electronic transfer service that Servus offers through its Online/Mobile Banking that allows you to either send funds from your Account to another person by specifying an email address or mobile phone number, or to receive funds in your Account from another person electronically.
- "Malicious Code" means a computer virus, Trojan horse, worm, lock, mole, time bomb, keystroke capturing applications, or any other code or instruction which may modify, delete, damage, disable, or disrupt the operation of any computer software or hardware, or any mobile or wireless device.
- "Member" means either a personal (or individual) member or a Business Member who or that has signed a Member Agreement with Servus.
- "Mobile Banking" means access to Online Banking using mobile devices through applications (sometimes referred to as “mobile apps”) designed specifically for those devices to access the Website.
- "Negotiable Item" means a paper cheque or other negotiable instrument that satisfies the Eligibility Criteria for your use of the Photo Deposit Service in accordance with this Agreement.
- "Official Image" means an electronic image of a Negotiable Item together with certain related data, created in accordance with the provisions of this Agreement and that complies with the requirements to permit negotiation and clearing of the Negotiable Item in accordance with the CPA Rules.
- "Online Banking" means Servus' online system that may be used by you to directly process Transactions and access Account information, and includes Interac e-Transfer Services.
"Online/Mobile Banking" or "Services" means Online Banking, or Mobile Banking, or both, as the context requires and includes any of the following services:
- Internet banking services;
- Transactions processed using a mobile device;
- Any other Online Banking or Mobile Banking service, which we may offer to you to use with your Account(s).
- "Password" means the unique combination of letters, numbers and special characters that you select for your confidential password.
- "Photo Deposit" means the remote deposit Service provided by Servus that is accessed through your mobile device, to create, transmit, and receive, to the benefit of Servus, an Official Image for deposit to your Account(s).
- "Photo Deposit Instructions" means instructions provided by Servus at Photo Deposit Instructions for your proper use of the Photo Deposit Service, including applicable deposit times and Servus’ hold funds policy.
- "Remote Instructions" means instructions given by you to Servus via the Services for the purposes set forth in this Agreement.
- "Request Money e-Transfer" means a feature of Interac e-Transfer Service that allows a recipient to make an e-Transfer request of a sender.
- "Secure Messaging" means the communication point that you may access in the Services to securely communicate with Servus via encrypted email.
- "Security Credentials" means your User ID, Password, Touch ID, Face ID, Two-Step Authentication and Security Questions, either selected by you or assigned to you by Servus for the purpose of accessing the Services.
- "Security Question" has the meaning given to this term in Section 3.j.i
- "Services Control Form" means the written form signed by the Digital Banking Administrator directing Servus to change, add or delete one or more Security Credentials.
- "Third Party" has the meaning assigned to this term in Section 5.a
- "Touch ID" means a feature of the Services that allows you to access Mobile Banking through the means of your fingerprint(s) stored on your device.
- "Transaction" means any transaction performed or requested to be performed through the Services, including e-Transfers.
- "Two-Step Authentication" means a security process requiring two different authentication factors to verify the identity of a Member including, in the case of a Business Member, its Digital Banking Administrator(s) and Authorized User(s).
- "User ID" means an Online/Mobile Banking login for the Member that involves the entry and validation of a unique combination of letters, numbers and special characters.
- "Website" means www.servus.ca
- "you" or "your" means, as the context requires, an individual Member or Business Member and, in the case of a Business Member, it includes its Digital Banking Administrator(s) and Authorized User(s).
2. ACCEPTANCE OF DIGITAL BANKING AGREEMENT
In consideration for Servus providing Services to you, you agree to be bound by the terms and conditions set out in this Agreement. Clicking "Accept" on your first sign-in to Online/Mobile Banking will confirm your acceptance of these terms and conditions contained in this Agreement. This Agreement is in addition to any other agreements you may have with Servus, including your Member Agreement. If there is a conflict or inconsistency between this Agreement and any other agreements you have with Servus, including the Member Agreement, the terms and conditions of this Agreement will prevail.
3. ONLINE/MOBILE BANKING SERVICES
- Services: We may add, remove or change any part of the functionality provided by the Services without giving you notice. This Agreement applies to any Services added or changed by us. This Agreement applies only to those Services applicable to your Account or available on your device, as applicable.
- Use of Services: The Services may not be accessed or used by Members who have terminated or have had their Servus membership terminated. You will use the Services in accordance with the terms and conditions in this Agreement or as we may otherwise communicate to you in writing from time to time. You will not use the Services for illegal, fraudulent or defamatory purposes or take any action which may undermine the security or integrity of any of the Services, or cause harm, or threaten to cause harm, to any other user of the Services.
- Touch ID: You are not able to restrict which fingerprints stored on your device can be used for Touch ID that provide access to Mobile Banking. As a result, you shall not use Touch ID where other individuals have stored any of their fingerprints on your device. Touch ID is provided by a Third Party, and Servus does not endorse or warrant the use of Touch ID.
- Face ID: You can store an image of your face only on your device if it has that security feature. Face ID is provided by a Third Party, and Servus does not endorse or warrant the use of Face ID.
- Authority to Process Transactions: You authorize Servus to accept, rely upon and process any Transaction that you transmit. You agree that the use by you, or someone purporting to be you, of your Security Credentials, is the legal equivalent to your written, signed instructions. You agree that we may accept and act upon any instructions provided to us through access to the Services using your Security Credentials, whether or not it is you who has accessed the Services. You agree that once such instructions are submitted, we will have no obligation to reverse them.
- Right to Deny Access: Servus reserves the right to deny access to an Account, some or all of the Services under certain circumstances, including but not limited to if, in our judgment, any activities related to your access to and use of the Services or your Account(s) are fraudulent or otherwise illegal.
- Effective Date of Transactions: You acknowledge that Servus will process the Transactions requested electronically as quickly as reasonably practicable. You acknowledge that Transactions involving bill payments or transfers to Third Parties may require two or more Business Days for completion.
- Proof of Transactions: The records of Servus, whether written, audio, electronic or otherwise, will be conclusive proof of Transactions and will be binding on you, your successors, assigns, heirs, executors, administrators and legal representatives, as applicable. You will provide evidence of Transactions that you make through your use of the Services if Servus requests them. You will comply with audit requests by the auditors of Servus, as may be required or requested from time to time.
- Alerts/Notifications: You acknowledge that Servus will use reasonable efforts to alert/notify you as instructed, but that it is not responsible for any results or consequences as a result of an alert/notification not being received by you. Servus does not guarantee that email alerts or the information contained within email alerts will be timely, uninterrupted or complete. For precise and complete information, contact any branch, or contact centre of Servus.
- To send an e-Transfer you must provide the recipient's email address or mobile phone number and, except for a Request Money e-Transfer or Autodeposit e-Transfer, a security question will be used to authenticate the recipient of the transfer (a "Security Question"). As the sender, you will keep the answer to the Security Question confidential and not share it with anyone other than the recipient. To receive an e-Transfer, you must, except for a Request Money e-Transfer or Autodeposit e-Transfer, correctly answer the Security Question.
- You agree that, as a sender of an e-Transfer it is your responsibility to: (a) provide accurate information regarding the recipient; (b) except for a Request Money e-Transfer or Autodeposit e-Transfer, create an effective Security Question; (c) except for a Request Money e-Transfer or Autodeposit e-Transfer, not include the answer within the e-Transfer details, or within an email (including Secure Messaging) or other optional message that may accompany the e-Transfer.
- We will be entitled to pay the e-Transfer amount to anyone who, using the Interac e-Transfer Service, claims to be the recipient and, except for a Request Money e-Transfer or Autodeposit e-Transfer, successfully provides the answer to the Security Question, whether or not that person is the intended recipient. All disputes will be handled directly between the sender and the recipient.
- The e-Transfer is only available in Canadian dollars to a Canadian bank account.
- Request Money e-Transfer and Autodeposit e-Transfer are only available where both the sender's and the requester's (the proposed recipient) financial institution participate in the use of these Interac e-Transfer Services.
- You should respond only to Interac e-Transfer Service requests when you know the person making the request, and the reason for the request.
- As a requestor (proposed recipient) of a Request Money e-Transfer, you should ensure that the proposed sender has consented to you providing, or using, the contact information of the proposed sender for the purpose of requesting the Request Money e-Transfer.
- A proposed sender can choose to decline the Request Money e-Transfer.
- As a requestor of a Request Money e-Transfer, you can cancel the Request Money e-Transfer at any time before it has been fulfilled by the proposed sender.
- You are responsible for reviewing the status of any Request Money e-Transfer you send by checking your Request Money e-Transfer history in Online/Mobile Banking.
- Servus will not be liable for any cost, expense, loss, damage, or inconvenience of any nature or kind whatever arising as a result of a delay in processing an e-Transfer or for e-Transfers claimed by someone other than the intended recipient.
4. REMOTE DEPOSITS – If you use the Photo Deposit Service you acknowledge and agree that:
Servus appoints you as its agent, to act on its behalf in the creation and transmission of an Official Image to Servus, all in accordance with the CPA Rules and applicable legislation and other laws governing negotiable instruments. In this context, transmission to and receipt by Servus of the Official Image will have the same effect as if the negotiable instrument was delivered to a branch of Servus for negotiation and clearing. You acknowledge and agree that this role as agent cannot be further delegated. Further, you acknowledge and agree that you shall be responsible and liable for:
- ensuring that all Official Images created and transmitted satisfy the Eligibility Criteria,
- subject to Section 4.b.vi applicable to the time period for retaining originals of Official Images transmitted to Servus for deposit to your Account, maintaining adequate safeguards and procedures for the preservation of originals of all Negotiable Items transmitted as Official Images, and
- verifying that deposits expected to be made to the Account reconcile with dates and amounts applicable to transmissions made using the Photo Deposit Service and for providing immediate written notice to Servus of any errors, omissions, irregularities, or concerns about suspicions of fraudulent negotiable instruments or that compromise the security applicable to the use of the Photo Deposit Service.
- Servus may, upon satisfying itself that the image transmitted to it as an Official Image meets the Eligibility Criteria, treat it as if it were an original of a negotiable instrument received at a branch of Servus, subject to the Member Agreement and any policies of Servus governing negotiable instruments (provided to you upon request).
- You agree to take all proper and necessary precautions to prevent any other person from purporting to create or transmit an Official Image to the credit of your Account.
- Servus is not obligated to accept for deposit any image purporting to be a Negotiable Item transmitted to it as an Official Image that does not satisfy the Eligibility Criteria. If you have any suspicions or concerns about the authenticity, validity, negotiability, or chain of title to any item purporting to be a Negotiable Item, then you cannot use the Photo Deposit Service for negotiation or collection of that item, but you will instead be required to bring the original of that item to the counter of the Servus branch of your Account, identify the specific concerns to Servus, and fully disclose all material facts known by you relating to that item and fully cooperate with any inquiry or investigation of the concerns.
- Official Images received through the Photo Deposit Service are subject to number and dollar limits that may change from time to time without prior notice to you. For example, there are limits on the amount of funds you can deposit through Photo Deposit Service on a daily and monthly basis. If you attempt to make a deposit in excess of the limits set by Servus, we may reject your deposit
- Once an Official Image of a Negotiable Item has been transmitted to Servus through the Photo Deposit Service, no further Official Images of that Negotiable Item will be created or transmitted through the Photo Deposit Service (or any other similar service) unless you are requested to do so by Servus in writing. Further, you agree to make no further use of the original of an imaged Negotiable Item, and shall safely retain possession of the original of the Negotiable Item without further negotiation, transfer, or delivery to any other person or holder.
- On transmission of an Official Image of a Negotiable Item to Servus, you are responsible for immediately marking the face of the Negotiable Item with a blatant notation or mark that prevents renegotiation of the Negotiable Item and indicates that the Negotiable Item has been imaged and transmitted, taking care not to obliterate any material particulars of that Negotiable Item. (Servus recommends that this be done by writing “deposited” at the bottom of the Negotiable Item.).
- For a period of 90 calendar days after transmission of the Official Image to Servus, or such shorter period as stipulated by Servus in writing, you shall retain and produce to Servus on written request the original of all imaged Negotiable Items. If you receive a written request to retain or produce the Official Image, you will comply with the written request, and shall, if requested, produce, by delivering to Servus, the original of all specified Negotiable Items within a reasonable period of time of that request. If you fail to comply with the written request made pursuant to this provision, then Servus can place a hold on or reverse any credit made to the Account in relation to those specified Negotiable Items, even if that creates an overdraft on the Account. If no written request is received within that time, then 90 calendar days after an Official Image has been transmitted to Servus through the Photo Deposit Service or such shorter period as stipulated by Servus in writing, and provided that you have verified a credit to the Account that reconciles to the Official Image transmitted, you agree to immediately proceed with destruction of the original of the Negotiable Item. Destruction methods include shredding, pulping, burning, or any other means that ensures that the original Negotiable Item cannot be reused.
- You are responsible for any and all costs associated with obtaining a replacement negotiable instrument in the event that Servus requests that you re-transmit an Official Image in accordance with Section 4.b.iv above, and the original Negotiable Item was destroyed in accordance with Section 4.b.vi above or otherwise lost.
- You will comply with the Photo Deposit Instructions.
- Servus appoints you as its agent, to act on its behalf in the creation and transmission of an Official Image to Servus, all in accordance with the CPA Rules and applicable legislation and other laws governing negotiable instruments. In this context, transmission to and receipt by Servus of the Official Image will have the same effect as if the negotiable instrument was delivered to a branch of Servus for negotiation and clearing. You acknowledge and agree that this role as agent cannot be further delegated. Further, you acknowledge and agree that you shall be responsible and liable for:
5. THIRD PARTIES
Third Party Services and Software: Servus may from time to time make services or software provided by a third party (the "Third Party") available through the Website or the Services. You acknowledge and agree that:
- The services and software of a Third Party are made available for your convenience only. The services and software are provided by the Third Party and not Servus, even if you access them using the Services;
- All software available for downloading from or through the Website is owned by or licensed from Third Parties, and the downloading and use of the software is subject to a software license agreement that you will be required to enter into with such Third Parties;
- Your relationship with the Third Party is independent and separate from your relationship with Servus and is outside the control of Servus. Any dispute that relates to the services or software provided by a Third Party is strictly between you and the Third Party, and you will raise no defense or claim against Servus;
- You assume all risks associated with accessing or using the services or software of Third Parties.
- You agree to indemnify and hold Servus, its agents, officers, directors and employees, harmless from and against all liabilities and costs of all kinds in connection with any claim arising out of your access to or use of such links, other websites or Third Party services or software; and
- No representation or warranty is made to you with respect to any services or software provided by a Third Party, even though those services or software may be accessed by you through Servus' Website or through the Services.
- Third Party Services and Software: Servus may from time to time make services or software provided by a third party (the "Third Party") available through the Website or the Services. You acknowledge and agree that:
6. FEES AND RATES
- Fees for Transactions and Services: When you conduct Transactions, you agree to pay all fees that apply, and authorize Servus to debit your Account for such fees. Up-to-date information on fees is available on our Website and at all branches.
- Rates and Service Charges: If there is a difference between the rates and service charges posted on the Website or accessed through the Services, and those posted in a Servus branch, the rates and service charges posted in the branch will apply.
7. YOUR RESPONSIBILITIES
Transactions: You are responsible for the full amount of all Transactions on your Account authorized by you. You authorize Transactions by:
- Entering your Security Credentials, including but not limited to accessing your device through Touch ID or Face ID;
- Providing a confidential Security Question for e-Transfer (except for Autodeposit e-Transfer or Request Money e-Transfer); or
- Other forms of identification that Servus may make available to you from time to time.
Security Vigilance: You are also responsible:
- If you make an error or fraudulent Transaction through the Services;
- To ensure (a) the equipment or device used to access the Services has an up-to-date anti-virus program, anti-spyware program and firewall installed; (b) new security patches are installed as soon as manufacturers make them available; (c) you take reasonable steps to reduce the risk of Malicious Code or online attacks; and (d) you always sign off and close your web browser or app that accesses Online/Mobile Banking once you have completed your Transaction(s);
- To carefully select and keep your Security Credentials confidential;
- To review your Account statements within thirty (30) days of their date for unusual, suspicious or fraudulent activity;
- To contact us immediately if you know or suspect any of your Security Credentials have been compromised or if there has been activity in your Account that you did not authorize;
- To assist Servus in any investigation into improper access to your Account;
- To not permit any other individual to include their fingerprints on your device if you enable Touch ID;
- To store a picture only of yourself on your device for use as a Security Credential if you enable Face ID; and
- To not provide your Password, any of your Security Credentials, or any Account or financial information to anyone in response to unsolicited emails, callers or other parties who may claim to represent Servus and ask for this information.
- Confidentiality of your Security Credentials: The default User ID for Online/Mobile Banking will initially be issued by Servus and the Member will have the ability, and Servus will recommend to you, to change the default User ID once authenticated and signed into Online/Mobile Banking. You acknowledge your responsibility to maintain the confidentiality of any Security Credentials you select. You agree that you will not disclose your Security Credentials to anyone except, in the case of a Business Member, to its Digital Banking Administrator and Authorized Users, and that you will change your Security Credentials (other than Touch ID and Face ID) on a regular basis. You understand that you are responsible for all Transactions conducted through the use of your Security Credentials. You agree that Servus has no obligation to confirm the authority or identity of a person using your Security Credentials.
- Lost or Stolen Security Credentials and Unauthorized Use: You will notify Servus if any of your Security Credentials are lost or stolen or if you believe that any of your Security Credentials may have become known to another person or available for unauthorized use, or if you become aware of any unauthorized use of any Account of yours or if any statements or records of yours show Transactions you did not make ("Security Notification"). You acknowledge and understand that Servus will use reasonable efforts to stop or reverse the Transaction, but that Servus is not responsible for any results or consequences of a Transaction processed as a result of unauthorized use of your Security Credentials, unless caused by Servus' negligence after Servus acknowledges receipt of the Security Notification.
- Transactions: You are responsible for the full amount of all Transactions on your Account authorized by you. You authorize Transactions by:
8. BUSINESS MEMBERS ONLY
- Digital Banking Administrator: The Business Member agrees that until Servus has received a written notification from the Business Member appointing a new Digital Banking Administrator, the Digital Banking Administrator shall be the individual who was last appointed by the Business Member as its Digital Banking Administrator according to the records held by Servus. The Digital Banking Administrator(s) can grant access to Online Banking or Mobile Banking to an Authorized User. This Authorized User can be granted access to view and/or conduct Transactions by and on behalf of the Business Member.
Issuance of Security Credentials: The Business Member agrees that:
- it must be issued one or more Security Credentials in order to access the Services;
- it must designate an Access Level for each Security Credential and that the Access Level designated for each Security Credential shall entitle the Authorized Users holding such Security Credential(s) to access the Services at the Access Level so designated;
- the Business Member will designate one User ID for each Authorized User so as to enable the Business Member to track the Services activity of the Authorized Users using such Security Credential(s); and
the Digital Banking Administrator is fully authorized to act on the Business Member's behalf to:
- request the issuance of one or more Security Credential(s) from Servus;
- designate and change the Access Level for each Authorized User (if any);
- request that Servus change or cancel one or more Security Credential(s) and to provide Servus in writing with required instructions; and
- otherwise control the distribution and confidentiality of the Security Credential(s) which are issued to the Business Member by Servus;
Services Control Form: Without limiting the generality of the foregoing, Servus shall:
- be entitled to act on and shall comply with any Services Control Form which Servus receives from the Digital Banking Administrator regarding the issuance, change, or cancellation of any Security Credential; and
- provide Services for each Security Credential at the Access Levels designated by the Digital Banking Administrator in any Services Control Form until Servus receives a Services Control Form from the Digital Banking Administrator that directs Servus to change or cancel such Security Credential.
- Business Member Liability for Errors by Digital Banking Administrators: Without limiting any other provision of this Agreement, the Business Member acknowledges that it is solely responsible for the truth, accuracy and completeness of any instructions given to Servus by the Digital Banking Administrator(s) regarding the issuance, change or cancellation of any Authorized User access to the Services.
- Use of the Services: The Business Member shall ensure that all Authorized Users will only use the Services to process the Business Member's own Transactions for valid business purposes relating to Transactions between Servus and the Business Member or for payments authorized by the Business Member from Servus to Third Parties.
- Business Member Liability for Errors in Transactions: The Business Member acknowledges that it is solely responsible for the truth, accuracy and completeness of instructions given by the Digital Banking Administrator or by Authorized Users for the processing of Transactions. Servus will use reasonable commercial efforts to correct any improperly inputted Transactions that are brought to Servus' attention, but Servus shall not be responsible for (and the Business Member hereby agrees to release Servus from) any result or consequence of a Transaction processed as a result of inaccurate or incomplete instructions from an Authorized User or Digital Banking Administrator.
- Acceptance of Risk: The Business Member acknowledges that the use by the Business Member (through the Authorized Users) of the Website and of the Services is at the Business Member's own risk. The Business Member acknowledges that it has been provided with and understands its Member responsibilities as outlined at servus.ca/security on the Website.
- Authority to Process Transactions: The Business Member authorizes Servus to accept, rely upon and process any Transaction transmitted by any Authorized User. The Business Member authorizes Servus to debit from its Accounts any amounts which Authorized Users have designated to be paid to Third Parties.
- Effective Date of Transactions: The Business Member acknowledges that Servus will process the Transactions requested electronically by the Business Member through Authorized Users as quickly as possible. Transactions effected after regular business hours, on a non-Business Day will be recorded and effective as between Servus and the Business Member on the next Business Day.
- Refusal to Complete or Reversal of Transactions: Servus may refuse to complete or may reverse any Transaction if (a) the Transaction is one that cannot be processed by the Services; (b) the Transaction will result in an unauthorized overdraft of the Business Member's Accounts or will violate any provision of any other agreement made between the Business Member and Servus; (c) the Transaction requires a payment to a Third Party that does not accept the Transaction; or (d) there is an operational failure or malfunction in the Services.
Protection of Security Credentials: The Business Member acknowledges that it is solely responsible to maintain the confidentiality of any Security Credentials which Servus issues to Authorized Users authorized by the Digital Banking Administrator. The Business Member agrees that it will not disclose any Security Credentials so issued (or permit any Security Credentials so issued to be disclosed) to anyone other than the Authorized Users to whom the Business Member wishes such Security Credentials to be disclosed. Servus will regularly require a Business Member to change its Security Credentials. Without limiting the generality of the foregoing, the Business Member agrees with Servus that:
- it shall be solely responsible for all Transactions conducted through the use or misuse of any Security Credential which has been issued to a Digital Banking Administrator or Authorized User by Servus;
- Servus has no obligation to confirm the authority or identity of any individual using Security Credentials issued by Servus;
- it will notify (or will cause the Digital Banking Administrator to notify) Servus if any one or more of the Security Credentials issued to the Digital Banking Administrator is lost or stolen or if it believes that any such Security Credentials may have become known to another person or available for unauthorized use and it shall ensure that a Services Control Form is forthwith provided to Servus in respect of any such Security Credential(s); and
- if it becomes aware of any unauthorized use of any of the Business Member's Accounts or if any statements or records of the Business Member show Transactions which the Business Member claims were not made by an Authorized User, it will advise Servus immediately. The Business Member acknowledges and understands that Servus will use reasonable efforts to stop or reverse the Transaction(s) in question, but that Servus shall not be responsible for any results or consequences of a Transaction processed as a result of unauthorized use of any Security Credentials.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
- Availability of Services: The ability of Servus to offer the Services on a continuous basis or at all is dependent in part on Third Party service providers and the functioning of the Internet. Except where caused by its negligence, neither Servus nor its directors, officers, employees or agents will have any liability for any delay, loss, damage (direct, indirect, special or consequential), loss of data, or inconvenience whatsoever, caused by or arising from any failure, error, malfunction or inaccessibility of the Services or the Website. Servus does not represent or warrant that the Website or the Services will be available or will function without interruption or that they will be free of errors, that any errors will be corrected, or that the use of the Website or the Services will be free of Malicious Code or other destructive or disruptive components.
- Accuracy of Information on the Website: You acknowledge that information provided by Servus or other sources on the Website is believed to be accurate and reliable when placed on the Website. Although Servus conducts regular audits of this information, Servus cannot guarantee, and makes no representations or warranties regarding, the accuracy or completeness of that information. You acknowledge that the information on the Website is not intended to provide financial, legal, accounting or tax advice and cannot be relied upon in that regard.
- Acceptance of Risk: You acknowledge that the use of the Website and of the Services is at your own risk. You acknowledge that you have read and understood the Member responsibilities as outlined at servus.ca/security on the Website.
- Disclaimer of Warranties: Except as expressly provided in this Agreement, the Services are provided "AS-IS" and Servus expressly disclaims all other warranties, representations and conditions, express or implied, including all implied or statutory warranties, representations and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- Exclusion of Servus' Responsibility: Servus is not responsible for any loss, damage, claim, or liability suffered or incurred by you with respect to the subject matter of this Agreement, except to the extent caused by the negligence or willful misconduct of Servus and, in no event will Servus be liable for any indirect, special, consequential, punitive, or exemplary damages (including, but not limited to, loss of profits) regardless of the cause of action and even if Servus has been advised of the possibility of such damages. In no event will Servus be liable for any cost, loss, damage, claim or liability (whether direct, indirect, special, or consequential) suffered by you that is caused in whole or in part by:
- Any use or inability to use the Services or the Website;
- The actions of, or any failure to act by, any Third Party (and no Third Party will be considered to be acting as an agent for Servus unless expressly authorized to do so);
- The inaccuracies in, or inadequacies of, any information furnished by you to Servus;
- Any failure by you to comply with any of the terms or conditions of this Agreement;
- The failure by Servus to perform or fulfill any of its obligations to you, due to any cause beyond Servus' control;
- Any use of the Services or your Account using your Security Credentials;
- Any act or omission in reliance on Remote Instructions; or
- Forged, unauthorized, or fraudulent use of the Services, or forged, unauthorized, or fraudulent instructions or instruments, or material alteration to an instruction, including Remote Instructions.
You agree to indemnify and hold Servus and its Third Party service providers and all of their connected parties, including without limitation their respective agents, directors, officers, employees, affiliates, and licensors (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs, including without limitation reasonable legal fees and expenses incurred by the Indemnified Parties in connection with any claim or demand arising out of or connected to:
- your use of, or inability to use the Services or the Website, including any of the Indemnified Parties making the Services available to you;
- your use or inability to use any Third Party services or software;
- any failure to use the Services in accordance with applicable law, any acceptable use policies, or this Agreement;
- any of the Indemnified Parties acting upon, or refusing to act upon, Remote Instructions;
- any personal information disclosed to Servus by you for which you did not have the applicable consents, or which was otherwise in violation of applicable privacy legislation;
- any other information you provide to Servus;
- any e-Transfers; and
- any other Transaction authorized by you.
- You agree to indemnify and hold Servus and its Third Party service providers and all of their connected parties, including without limitation their respective agents, directors, officers, employees, affiliates, and licensors (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:
11. CONFIDENTIALITY, PRIVACY AND CASL
- Confidential Information: Servus treats as confidential any information it receives from you in your access to or use of the Services, and we shall not disclose or use such information other than as required to provide the Services to you or to improve the Services. This provision shall not apply to information that was: (i) in Servus' prior possession; (ii) obtained from you other than in the provision of the Services; (iii) is publicly available other than pursuant to a breach of this Agreement, or (iv) is obtained from a third party not under obligations of confidentiality.
CASL: Pursuant to Canada's Anti-Spam Legislation ("CASL"), Servus is required to request your consent for the installation of its mobile banking app (the "App") onto your mobile computing device so that you can access and use Mobile Banking. By clicking on "Accept", you acknowledge that you have read and consent to the following:
- Servus is requesting your consent to install the App onto your mobile device.
- This consent is being sought as Servus uses the App to collect the following personal information in order to confirm your identity and to facilitate the completion of Mobile Banking Transactions on your behalf:
- Account number;
- Email address - Servus uses your email address as part of its alerts function and as a method of contact;
- Account and Transaction information, including your Transaction history.
- By the nature of performing Transactions through the App, the function and purpose of the App will be to allow your mobile device to communicate with Servus' banking servers in order to ensure that your Transactions are processed correctly.
- Servus requests your consent to the use of the App to access the following information on your mobile banking device:
- Wi-Fi information, network access and connections. (The App cannot function without a data connection to the Internet);
- Phone number, device-related information such as the make and model of your device, its operating system, mobile device identification number (IMEI), non-personal device identifier (AAID, IDFA), information about the screen size, and the date and time of your use, photos and/or camera, location information and bluetooth access. (The App uses this information to confirm your identity and protect you against fraud and unauthorized access to your Account. The App also uses your device’s location information to provide you with information that you request about Servus' branches and ATM's in your area);
- Contacts. (The App contains a direct dial feature to its "Member Contact Centre" that is connected through your contacts. The App cannot read your contact listing or your call logs.)
- Your consents can be withdrawn at any time; however, removal of your consent will render the the App non-functional on your mobile device and you will be unable to use the Services that were accessed by your mobile device.
- Should you have any questions or concerns about these consents, please contact us at:
Servus Credit Union Ltd.
151 Karl Clark Rd
12. INTELLECTUAL PROPERTY
Servus may display certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of its Website and Services, on agreements regarding certain Transactions or in advertisements regarding electronic Transactions which may constitute trade names, registered or unregistered trade-marks, words or copyrighted materials (the "Intellectual Property"). That Intellectual Property belongs to Servus, its agents or third parties. The display and use of the Intellectual Property by Servus does not imply that any license has been granted to you other than a limited license to perform Transactions contemplated in this Agreement. Copyright laws of Canada protect information contained within or used in association with the Services, the Website or any Transactions. Although you may be entitled to use information contained therein for your personal use, you may not republish or reproduce any information in any manner whatsoever, including electronic reproduction by "uploading" or "downloading" without the prior written consent of Servus. No permission is expressed or implied to copy, redistribute, reproduce or republish any information found in or associated with any Services, the Website or any Transactions in any form whatsoever for any purpose other than your personal use pursuant to the license described above.
13. SECURE MESSAGING
Using Secure Messaging within the Services is the recommended method for sending secure, encrypted communications to Servus. Due to the inability to securely send public Internet emails, you agree that if you choose to send Internet email messages to Servus that contain personal, business, financial or confidential information, that you do so entirely at your own risk and, if the Member chooses to send Internet email messages to Servus containing the Member's personal information, Servus may reply to that email with an unsecured email message, to which the Member consents.
14. TERMINATION AND SURVIVAL
- Termination:This Agreement may be terminated by either you or Servus upon written notification to the other. In some instances, Servus’ Third Party licensors or service providers may detect fraud regarding your use of a Service, either by you or an unauthorized third party, in which circumstance Servus may not be able to provide you with advance or contemporaneous written notification of termination. Termination of this Agreement does not release you from any obligations incurred under this Agreement prior to its termination.
- Survival: Sections 1, 5, 7-13, 14b. and 15b. of this Agreement will survive any termination of this Agreement.
15. GENERAL PROVISIONS
- Severability: Any provision in this Agreement determined to be void or unenforceable in whole or in part will be deemed not to affect or impair the validity of any other provisions which shall be separate and distinct.
- Choice of Law: This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta. In the event of any dispute arising under this Agreement, the parties agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta.
- Changes to Terms and Conditions: You agree that Servus may change the terms and conditions of this Agreement at any time. We will notify you of these changes by posting a notice on the Mobile Banking app, Online Banking, the Website or by other means we consider appropriate. Your continued use of the Services following such notice means that you agree to the Agreement as amended. If at any time you do not agree to the changes made to this Agreement, you must no longer use the Services and terminate this Agreement. You may review and print the most current version of this Agreement at servus.ca/digital-banking-agreement or by accessing "Digital Banking Agreement" in the Mobile Banking app.
- Enurement: This Agreement and any amendments to it will be binding on and enure to the benefit of your and our respective heirs, successors, permitted assigns, executors, administrators and legal representatives, as applicable.
- No Waiver: No waiver by Servus of any breach of or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Servus may without notice, require strict adherence to the terms and conditions of this Agreement, despite any prior indulgence granted to or acquiesced in by Servus.
- Headings: Section headings are provided for convenience of reference only and do not constitute part of this Agreement. Any references to a particular section of this Agreement shall be deemed to include reference to any and all subsections thereof.
1If you are not a Member, you may review the terms and conditions of the Member Agreement at servus.ca/life/accounts/member-agreement to review the definitions from the Member Agreement applicable to this Agreement.